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About Strategies Financial Planning Newsletters Bitcoin Recovery FAQ

2026 Edition

Settlement & Legacy FAQ.

The most current, unbiased information regarding the Victim Compensation Fund (VCF), the USVSST Fund, the ongoing $11.4 Billion Bitcoin Recovery, and your legal protections.

I

Tax Treatment & IRS Compliance

Under IRS Publication 3920, all payments from the VCF for physical injury or death are 100% federal income tax-free. This includes portions of the award designated for economic losses (lost wages) and non-economic losses (pain and suffering).

  • USVSST Treatment: These awards are generally treated as victim restitution; however, you should consult a tax professional regarding any "interest" or "punitive" components of a specific judgment.
  • Social Security Disability: SSDI payments received specifically due to 9/11-related conditions are also federally tax-exempt under these same rules.

In the tri-state area, most states follow federal guidelines. New York State explicitly forgives income and estate tax for 9/11-related deaths. New Jersey and Pennsylvania generally exempt these compensatory payments from state-level taxation.

II

USVSST Fund & Sixth Distribution

The USVSST Fund officially began rolling out sixth-round payments on January 5, 2026. The Special Master authorized a total of $2.825 billion for this round, with 50% ($1.4125 billion) designated specifically for 9/11-related claimants. As of February 16, 2026, over 90% of eligible claims have been successfully processed.

The Fund maintains specific compensatory damage caps to ensure equitable distribution:

  • Individual Cap: $20 million per claimant.
  • Family Cap (Direct Dependents): $35 million for family groups consisting of victims, spouses, and dependents.
  • Family Cap (Non-Dependents): $20 million for groups including members such as siblings or parents.
III

The $11.4B Bitcoin Recovery

The U.S. government has taken control of over 127,000 Bitcoin, currently valued at approximately $8.7 billion (market fluctuation from the original $11.4 billion valuation in early 2026), following one of the largest cryptocurrency forfeitures in history. As of February 16, 2026, firms representing 95% of wrongful death and injury plaintiffs — including Motley Rice, Kreindler & Kreindler (K&K), and Anderson Kill — are actively asserting claims against these assets to satisfy judgments in the Southern District of New York (MDL #1570).

There is currently a "race to the courthouse" with two main points of contention in the SDNY docket:

  • Valuation Dispute: Victims argue that restitution should be based on current market value rather than the value at the time of the original loss. While Bitcoin hit an all-time high of $126,000 in October 2025, it has dropped significantly, fluctuating around $68,500 this month. This $6 billion+ drop in total holding value since the 2025 peak creates urgency for settlement architecture.
  • Priority of Claims: Law firms are advocating for an equitable split of the assets to prevent a chaotic "first-come, first-served" scenario that could leave some family groups under-compensated.
IV

Consumer Protection & Legal Fees

Federal law provides strict protections for 9/11 families to preserve their net recovery:

  • VCF Claims: Attorney fees are strictly capped at 10%.
  • USVSST Claims: Fees and costs for 9/11-related victims are capped at 15% of the payment.
  • Non-9/11 USVSST Claims: Fees for other terror victims are capped at 25%.
Critical Planning Issues

Why These Questions Matter

The questions above represent the most critical financial planning issues facing the 9/11 community in 2026. The convergence of VCF reauthorization decisions, USVSST distribution schedules, the $11.4 billion Bitcoin recovery litigation, and evolving tax regulations creates a uniquely complex environment where a single misstep — an ill-timed pension election, an uncoordinated VCF filing, or a missed tax planning window — can cost a family hundreds of thousands of dollars in lifetime wealth.

At Sirmium Capital, we maintain this resource as part of our commitment to financial education for the 9/11 community. Every answer is informed by our direct experience managing VCF-award portfolios, coordinating pension disability elections for first responders across FDNY, NYPD, and Port Authority retirement systems, and monitoring the SDNY Bitcoin recovery docket in real time. For questions specific to your family's situation, we encourage you to schedule a private strategy briefing.

Have More Questions?

Schedule a private consultation to discuss how these regulations, distributions, and legal protections apply to your family's specific situation.

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