Bishop criticizes six-figure payouts following Vatican's finding of no abuse. The Bishop stated he did not authorize the payments. The Vatican's investigation concluded there was no abuse. The payouts are a point of contention for the Bishop.
4 months ago
Bishop Emeritus Nicholas DiMarzio of Brooklyn has sharply criticized six-figure payouts made to two men who accused him of abuse, stating he did not authorize these settlements 1, 3. The payments were made by the Archdiocese of Newark to settle lawsuits filed in 2021, despite a 2021 Vatican investigation concluding that the allegations "did not have the semblance of truth" 1, 3.
Bishop DiMarzio has consistently and strongly denied the abuse claims, asserting he never abused anyone during his over 50 years as a priest 1, 3. He highlighted that an "exhaustive two-year canonical investigation" cleared his name and that he passed a lie detector test 1, 3. His lawyer, Joseph Hayden, clarified that Bishop DiMarzio neither authorized nor approved the settlements, nor did he participate in negotiations or sign the agreements 1, 3. The settlements did not admit liability on the part of the archdiocese or the bishop 1, 3.
The Archdiocese of Newark stated it chose to settle the lawsuits to avoid the costs of litigation and to help bring resolution to the painful matters for everyone involved 1, 3. Bishop DiMarzio's lawyer characterized the payments as a "business decision" 1, 3.
The investigation that cleared Bishop DiMarzio was conducted by independent firms, led by a former federal prosecutor and former FBI director, under the Pope Francis-promulgated Vos Estis Lux Mundi guidelines 1, 3. These guidelines, made permanent in 2023, established obligatory reporting for clerics and religious and outlined investigation procedures for accusations against bishops 1, 3. However, Mitchell Garabedian, the lawyer for the accusers, disputed the Vatican's findings, calling the inquiry a "charade" 1, 3. He claimed investigators did not directly question one of the accusers about the alleged abuse and suggested the Vatican's ruling was consistent with a history of "cover-up" by the Catholic Church 1, 3. Bishop DiMarzio resigned from his post as Bishop of Brooklyn in 2021, shortly after the Vatican cleared him of the abuse claims 1, 3.
What is the Church's teaching on financial settlements?
The Catholic Church's teaching on financial settlements is rooted in principles of justice, charity, and the common good. While there isn't a single document exclusively detailing "financial settlements," the Church's moral theology provides a framework for understanding how such agreements should be approached.
A primary principle guiding financial settlements is justice, particularly commutative justice, which governs the relationships between individuals and requires fairness in exchanges and agreements. When an injustice has occurred, such as damage to property, injury, or breach of contract, a financial settlement often serves as a means of restitution or reparation. Restitution aims to restore the injured party to their original state as much as possible, or to compensate them adequately for the harm suffered.
The Catechism of the Catholic Church emphasizes the obligation to make restitution for injustices committed:
"Every person who has committed an injustice, even if he is excused from it by civil law, is bound to make restitution for the damage caused". This applies to various forms of injustice, including theft, fraud, and damage to another's reputation or property. The amount of the settlement should be proportionate to the harm inflicted, aiming for a just compensation rather than excessive gain or insufficient redress.
Beyond strict justice, the Church also calls for charity and a consideration of the common good in all financial dealings. While a settlement might be legally just, Christian charity encourages parties to act with compassion and understanding, especially when one party is in a vulnerable position. This does not negate the need for justice but can influence the spirit in which negotiations are conducted and the flexibility shown.
The principle of the common good suggests that financial settlements should not only benefit the individuals involved but also contribute to the overall well-being of society. This can mean avoiding protracted and costly litigation that drains resources and creates animosity, and instead seeking amicable and fair resolutions that promote social harmony.
In reaching a financial settlement, prudence is essential. This virtue helps individuals discern the right means to achieve a good end. Parties involved in a settlement, and their legal representatives, are called to exercise prudence in assessing the facts, determining a just amount, and negotiating in good faith. This includes:
While the principles are general, they apply to various types of financial settlements:
In summary, the Church's teaching on financial settlements is an application of its broader moral principles. It calls for justice, particularly restitution for harm caused, tempered by charity and a concern for the common good, all guided by prudence and honesty.