Robert Allard, Esq. representing "Lawyers Against the Sexual Abuse of Children" sent me this response after reading David Berhoff's rebuttal and my subsequent retort back to him.
His response is aggressive and mentions that two separate branches of the FBI are "...looking into accusations of sexual molestations."
Dear Mr. Austin:
The deposition testimony of Mr. Berkoff demonstrates that he is a mere politician stating what suits him and more particularly, USA Swimming, at the time of publication.
You see, in deposition it benefitted Mr. Berkoff (and USA Swimming) to downplay the existence of the "abuse subcommittee" which was ostensibly formed in the early 1990's by declaring that it was not a "subcommittee" at all and otherwise never formalized. This "subcommittee" was portrayed by Mr. Berkoff in deposition as nothing more than a concept that did not come to fruition. In fact, Mr. Berkoff could not even remember whose idea it was to form this “subcommittee” nor is there any indication in USA Swimming’s meeting minutes to prove that any action was taken. This testimony helped facilitate the shameless defense advanced by USA Swimming in nationwide sexual abuse claims because it tended to show that the topic of sex abuse was not at the forefront of discussion at the time; ergo no need to formally create a subcommittee. Mr. Berkoff eagerly participated in the perpetration of this fraud during multiple deposition sessions because it advanced the interests of the entity writing his paychecks. “Just some people getting together to talk about something that was interesting” is basically how Mr. Berkoff’s summarized what happened with this “subcommittee”.
Now, when you question his character, Mr. Berkoff suddenly reverses course and cites this "subcommittee" as an example of how he has championed the rights of sex abuse victims. In truth, Mr. Berkoff abandoned the Kelly Davies of the world when they needed him the most by quitting the Board in the early 1990's because the combination of (former USA Swimming Executive Director) Ray Essick and (longtime ASCA Executive Director) John Leonard proved too formidable a foe for the meek Olympic champion. Based on what I know, an untold number of swimmers were sexually abused as a direct result of this feeble act. When the going got tough, the weak left town, and that is just what our hero did.
Mr. Berkoff has shown that he is a charlatan in the mold of Chuck Wielgus, which is ironic since Mr. Berkoff, when it suited him at the time (when he was not employed by USA Swimming), accused Mr. Wielgus of being an unworthy leader of USA Swimming and guilty of, in his words, "perjury" when addressing sexual abuse issues. Indeed, Mr. Wielgus has denied under penalty of perjury on a least three occasions that USA Swimming had any knowledge of pedophile swim coaches when in truth extensive information had been acquired concerning each of them. Mr. Wielgus himself was intimately involved in two investigations into these coaches, so it is inconceivable that he did not know of the falsity of these statements when he made them. Now, since he works for him, Mr. Berkoff has once again changed his tune and sings the praises of the venerable Mr. Wielgus as being a good and worth leader.
Like seemingly all other leaders of USA Swimming, Mr. Berkoff has sold his soul for the "cause", which is the achievement of Olympic glory, and consequent monetary gain, at all costs, even the known raping of minor girls. If this is the kind of person who you want leading your sport, than you are to blame for the disgrace that is coming down the pike for this organization, including possible federal investigations and indictments (two separate FBI branches are looking into accusations of sexual molestations). If you want what is right, there is no choice but to remove Mr. Berkoff from office, along with his cronies Chuck Wielgus, Pat Hogan and Mike Unger. At this point, there is no other alternative if we are to ensure the protection of our youth from the evils of sex abuse.
Robert Allard, Esq. Lawyers Against the Sexual Abuse of Children (“LASAC") San Jose, CA