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网友就桑兰案致美联社(及转载媒体)公开信草稿[第二版]

已有 17081 次阅读2011-7-13 18:18 分享到微信

感谢大家群策群力,草稿已出炉,欢迎大家讨论,补充和提出修改意见。暂定今明两日收集意见,后天定稿发出。并寻求以下帮助:

1. 收集美联社及转载媒体的联系方式。

2. 要不要大家联名?先投下票要不要联名吧。联名的话,愿意署真名的筒子们可将真名发到我信箱:aiai.young@gmail.com;愿意署网名的筒子们可跟帖联署。

3. 征英文好的人才,中文好的人才,proofreading 人才,及翻译人才。

Dear Sir or Madam,

We are a group of individuals who read the news report titled “Lawyer: Deal reached to care for paralyzed gymnast” By Larry Neumeister, Associated Press.  After reading that report, we felt that some of the important statements in that report are inaccurate and misleading.  And we would like to share our thoughts and some key facts that the reporter might have missed. And below is an incomplete list of misleading or inaccurate statements in the report as well as the facts we discovered to challenge those statements.

1.      "The lawyer, Ming Hai, said he could not divulge details of the deal. Still, he said it will provide up to $10 million in cash and health care over the lifetime of the 30-year-old gymnast, Sang Lan."

What we found: the statment of "(TIG) will provide up to $10 million in cash" is not true, and "(TIG) will provide health care over the lifetime of Sang Lan" is what she already got in 1998.  In other words, what Sang Lan is eligible for now is exactly the same as the benefit that the original insurance policy granted in 1998.  

Under the current insurance policy established in 1998, Sang Lan already has a coverage up to $10 million dollars, which of course is not in cash.  This information is available at https://www.sinovision.net/blog/ksliu/details/85486.html.  Unless there is a a cheque with a big dollar amount issued to Sang Lan (which was denied by TIG Insurance Company), Ming Hai’s statement about the "up to $10 million in cash"is evidently incorrect and obviously made to mislead the readers.

We have contacted TIG Insurance Company to verify Ming Hai's statement. The Director of Litigation Richard Fabian denied that TIG paid a fat cheque to Sang Lan. Apparently $10 million is a big dollar amount. Although both parties didn't disclose the amount of the monetary compensation, what Ming Hai said is contrary to what TIG stated.

Also, Richard stated that TIG denied all the allegations that Sang Lan made in her complaint, since they didn't do anything wrong; TIG has been paying for Sang Lan's medical expense claims in the past 13 years, fully in compliance with the insurance policy. Richard also stated that Sang Lan's insurance policy has not been revised during the settlement.

Furthermore, some documents from TIG dated 1998 (please refer to https://www.sinovision.net/blog/ksliu/details/85486.html) already explained that what she got is a life-long insurance, and the injury-related medical expenses are eligible for claim. This is in agreement to TIG’s original agreement or insurance policy.  

2. "The settlement will provide money to cover Lan's health care in China.  Previously, her health care was paid for only in the United States."

What we found: Sang Lan's health care has been paid by three parties: TIG, the national health insurance in China and her employer in China, while most of the Chinese people only have coverage from the national health insurance.

First, as Richard stated, TIG has been paying her for her health care in compliance with her insurance policy. And that includes her eligible medical expenses in China.  Please refer to the explanation to the insurance policy (https://www.sinovision.net/blog/ksliu/details/85486.html)  

Second, Sang Lan herself have stated a few times (both in the past and recently), that she has medical expense coverage by the national health insurance in China according to the health plan's policy.

Third, again, Sang Lan stated before that her rehabilitation expenses (which is not an eligible expense for the above-mentioned health insurance in China) have been paid by her employer in China.

For Sang Lan's own statements about her medical expense coverage in China, please refer to her own blog: http://blog.sina.com.cn/s/blog_47420b930100cj4p.html

3. "He said she was staying ... for another month before returning to Beijing, where she will live with her boyfriend and continue to earn about $230 a month at speaking engagements and other public functions."

What we found: the above statement about her income in China is incorrect, and is contrary to what Sang Lan and her boyfriend have been saying in the past. Sang Lan has been living a very good life in China.  She is much wealthier than most of the Chinese people, and her monthly income is around $4,500 (in USD), which is much more than the $230 Ming Hai claimed.

According to their statements before (one example would be an interview conducted by a Chinese media; please refer to http://sports.cn.yahoo.com/10-08-/324/2bpa1.html ), following is a list of facts about Sang Lan's financial situation:
- She owns two real estate properties in China, both fully paid. And one of them is in Beijing, one of the cities with the highest real estate price in the world.

- In 1998, She was paid $50,000 (in USD) by the insurance company.  Other than that, she got another $50,000 (in USD) from General Administration of Sports of China.

- Her current monthly employment income is about $4,500 (in USD), which translates to an annual salary of $54,000 (in USD).  Please note that the average monthly income for a white collar in China is about $500.

- There was a trust fund set up in 1998, with Sang Lan being the beneficiary. The fund raised $170,000 USD through donations in 1998. From 1998 to 2008, this fund had provided Sang Lan a monthly support in the amount of $600-$770 USD (depending on the foreign exchange rate), which translates to $7,200-$9,200 USD a year. And in 2008, the trustees provided all the remaining fund (over $140,000 USD) to Sang Lan.
 
- She owns a Van.

- She hires a live-in home personal care attendant who gets paid $540 a month (she also accompanied Sang Lan to US this time).

On another note, according to Ming Hai's blog post, Sang Lan rented a single house with a swimming pool for her temporary place in New York, and paid $4,000 for the two-month stay.


4. ""Thirteen years ago she had a tragic fall that almost killed her," Hai said. "She got her life back again. The American people gave her a second life. She'll always remember that in her mind. She loves this country. She loves whatever this country has done for her.""

This is the most important part, and this is why we wrote to you. “We are not what we say; we are what we do.”  Ming Hai stated that Sang Lan thinks that the American people gave her a second life and she'll always remember that in her mind. But what did she do?

Here’s what she did (please refer to her complaint, http://blog.sina.com.cn/s/blog_857060240100siii.html):

- She sued US Gymnastic Federation, which gave her help after she fall in 1998. (the Gymnastic Federation was dismissed now)
- She sued the insurance companies, which have been paying for her medical expenses in 1998 and all the years until today. (the insurance companies were dismissed now)
- She sued an American family (Kao Sung Liu, Gina Hiu-Hung Liu and their son Winston Sie).

And here're some facts about the American family:
-Who are they?  They are the family that voluntarily took care of Sang Lan for 10 months after her fell in 1998. To save the donation Sang Lan got for her future days, they didn't even hire anybody. Instead, they did everything for free for 10 months. Furthermore, they are the major donor of the above-mentioned trust fund for Sang Lan.
- And how much is Sang Lan asking for? ONE BILLION dollars.
- What did the American family do? They can probably write a book about it. Long story short, from a third party's perspective, they didn't do anything obviously wrong. And most importantly, Sang Lan had been expressing her gratitude numerous times towards that American family in the past 13 years until she sued them.  And in 2008 she even came to US and specifically visited Liu family to thank them.

"Don't bite the hands that feed you." Sang Lan stated that she always remembers the American people who helped her. Based on the above things she did, does she really think so? Or suing the American people who helped her is her special way of remembering them in her mind & thanking them for their help?

All of the facts we stated in this note are solid and backed by evidence. And should you have any questions, or need more information, we are more than happy to assist you.  We understand that due to the language barrier, not all of the relevant information flows smoothly to the US media, and we will do what we can to let people know the true story.

We do hope that you will be able to disclose the information we provided here, to make your coverage of the case accurate and to make the picture complete.

Thank you for your time.  We look forward to your response. Please feel free to contact us at aiai.young@gmail.com.


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发表评论 评论 (83 个评论)

回复 mingbuping 2011-7-15 12:06
To: 艾艾 你曾经说:
要不我把你的中文稿开一贴大家讨论讨论提提意见?你觉得呢?
没有问题。怎么用都可以,不用问我只要需要。

今天很忙,刚刚开完会,没有及时回你。
我的中文信可以在我sina的博客上找到《北美译园》”我写给桑兰保险公司的一封信”(I cannot access the website now)

英文信昨天晚上发的email。周末我会改一下再发一封信,直接寄给Richard J. Fabian。

可能会加上海明第二次记者会的内容。一直没时间仔细看视频。但我觉得这是海明的一个圈套,阴谋,他根本就没有要公布“保密协议”(我也不相信他敢公开发表),只是放出风,假装要公布,证明他们说的是对的。然后拿保险公司做挡箭牌。记得他在会上提到保险公司给他打电话,还有具体的时间。想问问是否确有此事。揭露他,以后不要再忽悠媒体。
回复 艾艾 2011-7-15 01:18
To: mingbuping 你曾经说:
我刚刚把翻译的信email给 Richard J. Fabian
General Counsel, Director of Litigation, Senior Vice President

以下是我发现的联系地址:

• Contact Us
• RiverStone Resources LLC
• 250 Commercial Street
• Suite 5000
• Manchester, NH 03101
• Phone: 603.656.2200
• Email: info@trg.com

要不我把你的中文稿开一贴大家讨论讨论提提意见?你觉得呢?
回复 艾艾 2011-7-15 01:16
To: mingbuping 你曾经说:
我刚刚把翻译的信email给 Richard J. Fabian
General Counsel, Director of Litigation, Senior Vice President

以下是我发现的联系地址:

• Contact Us
• RiverStone Resources LLC
• 250 Commercial Street
• Suite 5000
• Manchester, NH 03101
• Phone: 603.656.2200
• Email: info@trg.com

你动作这么快?辛苦啦!我本想搞完这个美联社的信就发个博文让大家讨论讨论的。。。不过这样也好,时效性很重要,倒不一定要很完美。
回复 mingbuping 2011-7-15 01:14
To: mingbuping 你曾经说:
艾艾:

我刚刚有时间翻译我的信,因为我的英语不够好, 许多法律字不知道怎么翻译.需要 a proofreading.如果你认为它可以做为大家的信( if needed),你可以找到一个title and send it.
Otherwise I can send it by myself.I need a mail or email address.


English Letter:


To Whom It May Concern:


We are( title?). Lan Sang‘s lawye

我刚刚把翻译的信email给 Richard J. Fabian
General Counsel, Director of Litigation, Senior Vice President

以下是我发现的联系地址:

• Contact Us
• RiverStone Resources LLC
• 250 Commercial Street
• Suite 5000
• Manchester, NH 03101
• Phone: 603.656.2200
• Email: info@trg.com
http://www.riverstone-group.com/leadership/richard-j-fabian/
回复 三难1972 2011-7-14 23:49
同意署名,大伙辛苦了。
回复 tobuto 2011-7-14 20:24
感谢你的不懈努力!
回复 luren 2011-7-14 19:36
Ai Ai,

Thanks a lot for your great efforts in revising the letter. I would like to suggest using “monthly income“ to substitute “monthly salary“ in “Her current monthly salary is about $4,500 (in USD)“ in the letter. Also, it would be much better if it is mentioned in the letter that the average monthly income is about $500 for a white collar in China.
回复 害人害己又海明 2011-7-14 18:53
同意署名!
回复 AA70A 2011-7-14 16:55
支持签名
回复 mingbuping 2011-7-14 15:21
艾艾:

我刚刚有时间翻译我的信,因为我的英语不够好, 许多法律字不知道怎么翻译.需要 a proofreading.如果你认为它可以做为大家的信( if needed),你可以找到一个title and send it.
Otherwise I can send it by myself.I need a mail or email address.


English Letter:


To Whom It May Concern:


We are( title?). Lan Sang‘s lawyer, Ming Hai, held a press conference on 7/11/2011, He told the media that Lan Sang and he signed a “confidential agreement“ with your company, and disclosed the part of contents of the agreement to Chinese media. According to Ming Hai‘s own blog, he confirmed that he had disclosed the details information of the agreement to the two reporters of China Central Television (attached).

We would like to know: Since it is a “confidential agreement“, Hai has no authority to disclose the contents inside. If your company does not have questioned his behavior, we can understand his behavior is legal. We have the right to ask him to publish the agreement (actually he had already published it to individual media). The reason we require to publish the agreement is because we thought, Hai‘s states already hurt your company, Lan‘s defendants, and other insured.

1. Protect your company‘s reputation:

Mr. Hai told the media on the conference:“ Today, the person in charge and lawyers of the United States Gymnastics Association, and three insurance companies came to (his) office“, signed “ a confidential agreements, we (Sang Lan) have got all that we had been asked in the agreement “.“ Today, in this document, officially , United States Gymnastics Association and the insurance company acknowledged that Lan‘s injure was not her own mistake, was not caused by herself and was not her responsibility.“ “We all officially signed it on the agreement.“ Hai also motioned that Chinese Gymnastics Association, Lan‘s coach and a Romania coach should be responsibility for Lan Sang‘s injure.

Lan Sang further confirmed: “Today is a significant day in this case (Lan Sang‘s sue case), a ‘right‘ victory“, “they (your company) signed, and acknowledged that the reason my fall was not my mistake depend on the today‘s contract (agreement) and the answer from the Legal efficiency.“

Ming Hai also told the Chinese media: the reason your company modified the contract after 13 years is because “Sang has her personal charm, and she has her special American prestige,“ “Why are we more successful today? in fact, some benifits the companies do not need gave to us, for example, money, since we (only) required medical care in China“, because “your companies and individuals liked her, very sympathetic to her, “, Hai also stated : “ If it were other insured (require it ) , your companies could go through the legal process, such as Mo did ( Sang defendant and his defendants lawyer), would move you(other insured) off the sue case, because it happened in 13 years ago. Why do not people( your companies) do so , because it‘s LAN‘s requirements ... “

We would like to know: is it because “ the sympathize with Sang Lan‘s suffered and also she is Sang Lan, your compnies modified the contract“? We just do not want to see you was deceived by them, because they had just deceived the American media, said Lan Sang in China had only $ 230 dollars per month of life. Hai disclosed the signed new contract to the Chinese and U.S. Medias. This is likely to damage your company‘s interests.

2. Protect Lan Sang‘s defendants in Lan‘s sue case.

The one main reason Sang Lan sue her three defendants, Liu, Xie, MO is because they were not fighting against the U.S. gymnastics associations and your companies for Lan‘s right (that she just got in new agreement with your companies) in time, so delayed Lan‘s retroactive period. At the meeting, Hai handheld the new agreement to threaten Lan‘s defenses: depend on the new contract, “Sang Lan was supposed to get insurance coverage for treatment in China and some extra money as the benefits.“ In 13 year ago, “After the past 13 years we still can get it, “ if someone could had asked your companies in “13 years ago, the proceedings should be easier, and why no one to help her to do it at that time? “, and Hai also questioned media “who should be responsibility “ for Lan‘s lost in the past?。

Our question: if your party did recognition of the “Lan Sang‘s injury was not her own mistakes,“ and you had given the benefits that she should not be compensation( awarded?) (Ming Hai: “In fact, some insurance companies do not need gave to us“), and your behaviors ( over insurances and extra money )will be used as the Lan‘s supports to against her defenses, it is not fair to Lan‘s defenses.

3. Protect the interests of the insured.

Your insurance companies not only work for Lan Sang, if you changed the rules (polices) because Lan‘s charm and individual favors and sympathy, it is unfair to the majority of insured. Your company‘s reputation is questionable. In the insurance policy, all the insured should have equal rights.

Thank you very much for taking time to read our letter, and hope we could get the answers from you for our questions.

Attachment: On Hai‘s blog, he said : “This afternoon, two of China Central Television reporter, came to my law firm, and had an interview with Lang San and me, they can confirm that the U.S. site is indeed the agreed that Lang San‘s injury on the 1998 Goodwill Games is not her own missed or mistake “

depend on 中文(with changes):

写给桑兰保险公司的一封信


To 美方3家保险公司的负责人:


我是关心桑兰案的住在美国的华人网民。桑兰的律师海明于7/11/2011 召开了记者招待会,在会上海明律师向多家中文媒体出示了与贵公司签署的“保密协议”,并特意展示了协议的最后一页(带有签字的一页)。另据海明自己博客证实,他已将协议的详细的(or 部分)内容透露给中国中央电视台的两位记者(附)。

我们想知道:既然是保密协议,海明有没有权力透露里面的内容。如果贵公司不对他的行为有所质疑,我们是否可以理解他的行为是合法的。网友是否有权要求他公开协议内容(实际他已对个别媒体公开)。我们所以要让他公开协议内容是为了保护贵公司,保护桑兰的被告方,保护广大投保人,以及保护桑兰的利益。

1。保护贵公司的声誉:

海明告诉媒体:会议前,“美国体操协会,还有三家保险公司今天都有派负责人,律师过来” ”,“这个保密协议我们想得到的都得到了”“ 今天正式的在这个文件里,美国体操协会和保险公司表示,调查之后的结果,他们承认桑兰受伤不是她自己的失误,不是她的责任。”“白纸黑字这样写着”“大家都签了字”。

桑兰更进一步表示:“今天是这场维权案的很大的一个胜利”,“白纸黑字他们签下了,承认了不是我的失守导致从马上摔下来的原因,今天在这里,有合同,有法律效率的解答。”

海明还告诉中国媒体:桑兰所以能够让贵公司修改13年的条例,是因为“桑兰个人她有她的魅力,在美国人当中她有她特殊的威信,”“今天为什么我们比较顺利呢,是一个延续,其实保险公司有些他们不需要给我们,比方說钱。我们只要求在中国的医疗,给钱说明他们很喜欢她,很同情她的遭遇,” “如果换上别人呢,人家完全可以通过法律程序,像莫虎那样一个制裁动议给你撤案了,13年了吗,人家为什么不这样做,一见到是桑兰来要求权力,人家就先跟我沟通。。。”

我们很想知道的是,你们“同情她的什么遭遇”“是否因为她是桑兰,你们才修改了合同”?我们只是不希望看到你们被他们欺骗,因为他们刚刚欺骗了美国的媒体,说桑兰在中国每月只靠$230美金生活,他们把与贵公司签订的新合同透露给中美媒体。这很可能会损坏贵公司的利益。

2。保护桑兰案的被告方。

桑兰案桑兰方对现存的三个被告,刘、谢、莫诉讼的主要罪名是没有及时为桑兰起诉有关责任方,例如体操协会,耽误了桑兰的诉讼追溯期。在会上,海明手持和贵方签立的新合同对被告方进行要挟:“桑兰的保险在中国得到使用,有些金钱的好处”,“也是桑兰本来就应该得到的”。“过去13年该有的没拿到,也让我们回忆一下,想一想,我们今天得到的这些,13年前桑兰没得到”。“13年前,在诉讼期内应该更容易得到,为什么没人帮她要。。。”。如果贵方确实承认了“桑兰受伤不是她自己的失误”,而且赔偿了你们本不该给桑兰的补偿(海明:“其实保险公司有些他们不需要给我们”),并为此成为桑兰诉讼被告方的理由,对桑兰的被告方是不公平的。

3。保护广大投保人的利益。

很简单,在贵公司上保险的不只桑兰一人,如果可以因为桑兰的魅力和贵公司个别人的喜欢和同情(他们特别强调你们和他们是朋友,而且有一个人的夫人是中国人,对他们很友好)就网开一面,那就是对广大投保人的不公平,因为你们是在滥用投保人的钱为你们的个人喜好服务。贵公司的信誉值得怀疑。在保险政策上,所有的保人应该有同等的权利。
回复 loveparadise 2011-7-14 13:53
support deeply!
回复 红玉 2011-7-14 13:51
支持签名! 我已经Email给艾艾!
回复 爱娱乐 2011-7-14 11:08
感动!支持!
回复 第一缕阳光 2011-7-14 10:04
我前面提供的资料只有两点,中间的3是桑的博客原文
回复 lovebirds 2011-7-14 09:07
支持!
回复 打假大哥大 2011-7-14 08:39
my humble suggestion on #1 “What we found: Ming Hai’s statement is misleading and inaccurate. In other words, it is very unlikely that big dolloars (up to $10 million) was awarded, and what Sang Lan is eligible for was the original agreement of health care over her life agreed to in 1998. “ ===> What we found: Under the current insurance policy, Sang Lan already has the coverage up to..... This information is available at ... (website, link to Liu‘s posting). Unless there is an additional $10 million added by TIG today to Sang Lan‘s current policy, otherwise the statement is evidently incorrect and obviously made to mislead the readers.
回复 打假大哥大 2011-7-14 08:23
坚决支持。也签名。
回复 jamesjie 2011-7-14 07:40
支持!同意签名。
回复 夏天的驴 2011-7-14 06:26
To: yuanye8848 你曾经说:
艾艾注意:

桑兰除宁波有一套住宅外,在北京有两套住宅,其中一套是高档住宅;
她还有一地下车库,出租给以色列大使,每月人民币800元的租金收入。

这么有钱啊。请专家根据地段和楼盘将她的资产进行估算。给出一个数据。

还有那么多和章子怡高档晚宴的照片呢。都一起给给美国各大机构,民众,保险公司。
回复 Karl 2011-7-14 06:07
My quick 2 cents:删除 (2)有关apartment/single house之点 及(3)。。。She has three dogs及 Her boyfriend is supposely her agent之点。

apartment/single house在该新闻报道中只是一个说法,并非一个住处的精确估值。你这样求证分散了主题,容易给人以picky之感。dog数量同理。你应当注意桑兰本人毕竟是一个残疾人。也许在美国人看来,一个残疾人有10 dogs都不过份,为什么要对之苛求呢?引入动物会削弱了该信本应有的同情心对不对?为什么Boy friend不该帮忙?为什么帮忙与桑兰的收入有关?此点无助于说明桑兰的财务。我感到此三点很容易引起美国人有关同情心方面的误读。仅供参考。
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