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Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Part 52-54) (7/5/26) · The Vault: The Epstein Files

0:00
Speaker 1: What's up, everyone, and welcome back to the Epstein chronicles.
0:03
In this episode, we're getting right back to the OIG
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report into Jeffrey Epstein's NPA. Significant post plea developments. Immediately
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after Epstein's state guilty please, Villa Fauna notifies some victim attorneys.
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Villa Fauna's contemporaneous notes show that immediately after Epstein's June thirtieth,
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two thousand and eight guilty please, she attempted to reach
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by telephone five attorneys representing various victims in civil suits
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that were pending against Epstein. Villa Fauna also emailed one
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of the pro bono attorneys she had engaged to help
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victims avoid defense harassment, informing him that the federal investigation
0:41
had been resolved through a state plea and that Epstein
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had an agreement with the USAO requiring him to make
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certain concessions regarding possible civil suits brought by the victims.
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Villa Fauna advised Goldberger the FBI has received several calls
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regarding the NPA. I do not know whether the title
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of the document was disclosed when the NPA was filed
1:02
under seal, but the FBI and our office our declining
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comment if asked. B July seventh, two thousand and eight,
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the CVRA litigation is initiated. On July third, two thousand
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and eight, victims attorney Edwards spoke to Villa Fauna by
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telephone about the resolution of the state case against Epstein
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and the next stage of the federal prosecution. In his
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twenty seventeen affid David filed in the CVRA litigation, Edwards
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asserted that during this conversation, Villa Fauna did not inform
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him of the NPA, but that during the call he
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sensed that the USAO was beginning to negotiate with Epstein
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concerning the federally identified crimes. However, in an email to
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Villa Fauna that sent after the call, she informed Sloman
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that during the call, Edward stated that his clients can
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name many more victims and wanted to know if we
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can get out of the deal. Villa Fauna told Sloman
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that after she told Edwards that the government was bound
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by the agree assuming Epstein completed it. Edwards asked if
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there was the slightest bit of hesitation on Epstein's part
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of completing his performance, that he and his three clients
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be allowed to consult with the USAO before making a decision.
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That same day, Edwards wrote a letter to Villa Fauna,
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complaanning that Epstein's state court sentence was grossly inadequate for
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a predator of this magnitude, and urged Villa Fauna to
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move forward with the traditional indictments and criminal prosecutions for
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the crimes mister Epstein committed. On July seventh, two thousand
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and eight, Edwards filed his emergency petition in the US
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District Court for the Southern District of Florida on behalf
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of Courtney Wilde, who was then identified only as Jane Doe.
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She was soon joined by a second petitioner, and they
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were respectively referred to as Jane Doe one and Jane
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Doe number two. Edwards claimed that the government had violated
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his client's rights under the CVRA by negotiating to resolve
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the federal investigation of Epstein without consulting the victims. The
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petition requested that the court order the United States to
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comply with the CVRA. The USAO opposed the petition, arguing
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that the CVRA did not apply because there were no
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federal charges filed against Epstein. As a result of the
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government's agreement in mid two thousand and seven to defer
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prosecution to the state. July two thousand and eight, villa
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Fauna prepares and sends a victim notification letter to listed victims.
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On July eighth, two thousand and eight, Villa Fauna provided
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Goldberger with an updated victim list for the US Code eighteen,
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section twenty two to fifty five purposes, noting that he
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had inadvertently left off one individual in her June thirtieth,
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two thousand and eight letter. Villa Fauna also informed the
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defense that beginning the following day, she would distribute notifications
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to each of the thirty two victims and their council,
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informing them that Epstein's attorney would be the contact for
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any civil litigation if the victim decided to pursue damages. Finally,
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the letter informed the defense that the government would consider
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a denial by Epstein that any one of these victims
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is entitled to proceed under US Code eighteen, section twenty
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two fifty five to be considered a breach of the
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terms of the NPA. After exchanging emails and letters with
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the defense concerning the content of the notice, letter Villafauna
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drafted a letter she sent on July ninth and tenth
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to nine victims who had previously retained council. The letter
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informed the victims and their council that, in light of
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Epstein's June thirtieth, two thousand and eight, State court plead
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a felony solicitation of prostitution and procurement of miners to
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engage in prostitution and dissentants of a total of eighteen
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months imprisonment followed by twelve months community control, the United
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States has agreed to defer federal prosecution in favor of
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the state plea and sentence, subject to certain conditions. The
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letter included a reference to the US Code eighteen, section
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twenty two to fifty five provision of the NPA, and
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although the defense had never agreed to, it used language
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from Acosta's December nineteenth, two thousand seven letters to A
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Das Epstein defense attorney Sanchez clarifying the damage's provision. The
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paragraph below was described as one condition to which Epstein
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has agreed. Any person who, while a minor, was a
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victim of violation of an offense enumerated in Title eighteen
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US Code, Section twenty two fifty five, will have the
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same rights to proceed under section twenty two to fifty
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five as she would have had if mister Epstein had
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been tried federally and convicted of enumerated offenses. For purposes
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of implementing this paragraph, the United States shall provide mister
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Epstein's attorneys with a list of individuals whom it was
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prepared to name as victims of an enumerated offense by
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mister Epstein. Any judicial authority interpreting this provision, including any
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authority determining which evidentiary burdens if any a plaintiff must meet,
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shall consider that it is intent of the parties to
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place these identified victims in the same position as they
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would have been had mister Epstein been convicted at trial.
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No More, no p us. On July tenth, two thousand
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and eight, Villa Fauna San Goldberger a final notification of
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identified victims, highlighting the defendant's obligation under the NPA concerning
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victim lawsuits pursuant to US Code eighteen, Section twenty two
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fifty five, and again listing the thirty two individuals whom
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the United States was prepared to name as victims of
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enumerated offense. The same day, Villa Fauna sent Goldberger a
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second letter, noting that the defense would receive copies of
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all victim notification on a rolling basis. Villa Fauna informed
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her managers that the FBI case agents would reach out
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by telephone to the listed victims who were unrepresented to
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inform them that the case was resolved and to confirm
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their addresses for notification by mail. With regard to the
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content of the telephone calls, Villa Fauna proposed the following
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language to the case agents, we are calling to inform
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you about the resolution of the Epstein investigation and to
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thank you for your help. Mister Epstein pled guilty to
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one child sex offense and will require him the register
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as a sex offender for life, and received a sentence
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of eighteen months imprisonment followed by one year of home confinement.
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Mister Epstein also made a concession regarding the payment of restitution.
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All of these terms are set out in the letter
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that Ausa Villa Fauna is going to send out. Do
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you have a lawyer, get name or address. If not,
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where do you want the letter sent? If you have questions?
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When you receive the letter, Please understand that we cannot
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provide legal advice, but the lawyers at the following victim
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rights organizations are able to help you at no cost
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to you. Also ask about counseling and let them know
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that counseling is available even though the investigation is closed.
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On July twenty first, two thousand and eight, Villa Fauna
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sent the letter to the eleven unrepresented victims whose addresses
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the FBI had by the time that they confirmed it.
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Villa Fanna provided Epstein Defense Counsel with a copy of
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the letter sent to each victim directly or through counsel,
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while the mailing addresses were redacted. D July through August
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two thousand and eight, the FBI sends a victim notification
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letter to victims residing outside of the United States while
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attempting to locate and contact unrepresented victims. The FBI obtained
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contact information for two victims residing outside of the US
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on July twenty three and August eight, two thousand and eight, respectively.
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The FBI Victim specialists transmitted an automated VNS form notification
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letter to each victim through the FBI representative at the
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US Diplomatic Mission for each country. This letter was substantially
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identical to the previous FBI victim notification letter the FBI
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had sent to victims in two thousand and six, seven
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and eight, in that it identified each recipient as a
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possible victim of a federal crime and listed her eight
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CVR rights. The letter did not indicate that Epstein had
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pled guilty in a state court on June thirtieth, two
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thousand and eight, or that the USAO had resolved its
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investigation by deferring federal process in favor of the state plea.
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Rather like the previous FBI VINS generated letter, the letter
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requested the victim's assistance and cooperation while we are investigating
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the case. For each one of the two victims residing
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outside of the US, Villafauna who also drafted a notification
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letter concerning the June thirtieth, two thousand and eight plea
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and US Code eighteen, Section twenty two fifty five process,
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which were to be hand delivered along with the FBI's letters. However,
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FBI records do not reflect whether the usao's letters were
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delivered to the two victims. E August through September two
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thousand and eight, the Federal Court orders the USAO to
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disclose the NPA to victims, and the USAO sends a
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revised victim notification letter. On August first, two thousand and eight,
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the petitioners in the CVRA litigation filed a motion seeking
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access to the NPA. The USAO opposed the motion by
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relying on the confidentiality portion of the NPA. On August
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twenty first, twan eight, the court ordered the government to
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provide the petitioners with a copy of the NPA, subjective
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to a protective order. In addition, the court order the
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government to produce the NPA to other identified victims upon request.
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D If any individual who has been identified by the
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USAO as victims of Epstein, and or any attorneys for
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those individuals, requests the opportunity to review the NPA, then
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the USAO shall produce the NPA to those individuals, so
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long as those individuals also agree that they shall not
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disclose the NPA or its terms to any third party
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absent further court order. Following Notice two and an opportunity
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for Epstein's council to be heard. In September two thousand
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and eight, the USAO sent a revised notification letter to
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victims and attorneys for representative victims concerning Epstein's state court
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guilty plea and his agreement to not contest liability and
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victims civil suits brought under US Code eighteen, section twenty
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two fifty five. The September letter appeared to address concerns
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raised by Epstein attorney Lefkowitz that the government's earlier notification
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letter reference language concerning US Code eighteen, section twenty two
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fifty five that the government had proposed in Acosta's December nineteenth,
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two thousand seven letter to Epstein attorney Sanchez, but that
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the defense had not accepted. As a result of the
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defense objection, Villafauna determined that she was obligated to amend
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her prior letter to victims to correct the references to
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the December letter. Accordingly, the September letter contained no information
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about the party's intent to implement US Code eighteen, section
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twenty two fifty five, but merely referred to the NPA
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language concerning Epstein's waiver of his rights to contest liability
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under the provision. In addition, the September letter described the
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appointment of a special Master, the special master's selection of
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an attorney to represent the victims in their US Code eighteen,
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section twenty two fifty five litigation against Epstein and Epstein's
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agreement to pay the attorney representatives feel arising out of
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such litigation. The letter also clarified that Epstein's agreement to
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pay for attorney fees did not extend to contested litigation
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against them. The government also intended for the letter to
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comply with the Court's order concerning providing victims with copies
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of the NPA. The initial draft included a paragraph advising
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the victims that they could receive a copy of the NPA.
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In addition, a judge has ordered that the United States
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make available to any designated victim and or her attorney
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a copy of the actual agreement between mister Epstein and
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the United States, so long as the victim and or
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attorney reviews, signs, and agrees to be bound by a
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protective order entered by the Court. If the victim would
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like to review the agreement, please let me know and
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I will provide a copy of the protective order for
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a signature. The government shared draft versions of the September
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letter with Epstein's council and responded to criticism of the
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content of the proposed letter. For example, in response to
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the above language regarding the August twenty five, two thousand
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and eight court order in the CVR litigation, the defense
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argued that there was no court order requiring the government
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to provide the alleged victims with notice that the NPA
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is available to them upon a request, and doing so
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is in conflict with the confidentiality provisions of the NPA.
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In response, and in consultation with the USAO Management Bill,
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AFANA revised the paragraph as follows. In addition, there has
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been litigation between the United States and two other victims
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regarding the disclosure of the entire agreement between the United
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States and mister Epstein. The attorney selected by the Special
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Master can provide further guidance on this issue, or if
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you select another attorney to represent you, that attorney can
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review the court's order. In the CVR litigation, On September eighteenth,
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two thousand and nine, a State Court judge unsealed the
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copy of the NPA that had been filed in the
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state case. All right, folks, we're going to wrap up
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right there, and in the next episode, we're going to
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pick up with part F twenty ten to one eleven
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Department and Congressional actions regarding interpretation of the CVRA. All
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of the information that goes with this episode can be
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found in the description box. What's up everyone, and welcome
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back to the Epstein Chronicles. In this episode, we're picking
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up where we left off with the OIG report into
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Jeffrey Epstein's NPA F twenty ten to twenty eleven Department
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and congressional actions regarding interpretation of the CVRA. In connection
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with the Department's twenty ten efforts to update its two
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thousand and five guidelines, the Office of the Deputy Attorney
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General convened the Victims of Crimes Working Group that asked
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OLC to revisit its two thousand and five preliminary review
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concerning the definition of crime victim under the CVRA and
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solicited input concerning the issue from the Department, components and
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federal law enforcement agencies. In response, OLC issued a December seventeenth,
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twenty ten, opinion in titled the Availability of Crime Victim's
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Rights under the Crime Victim Rights Act of two thousand
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and four, based on the cvra's language, relevant case law
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and memoranda. Opinions from the Department components. OLC reaffirmed its
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two thousand and five conclusion that CVR rights do not
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vest until a criminal charge has been filed by complaint,
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information or indictment, and the rights cease to be available
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if all charges are dismissed, either voluntarily or on the merits,
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or if the government declines to bring formal charges after
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the filing of a complaint. After OLC issued its opinion,
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the Department revised the two thousand and five guidelines in
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October of twenty eleven, but did not change its fundamental
15:43
position that the CVR rights did not vest until after
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criminal charges were filed. The twenty eleven revision did, however,
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add language concerning victim consultation before a defendant is charged.
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In circumstances where plea negotiations occur before a case is
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been brought, Department policy is that this should include reasonable
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consultation prior to the filing of a charging instrument with
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the court. The use of the words should in twenty
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eleven guidelines indicates that personnel are expected to take the
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action unless there is an appropriate, articulable reason not to
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do so. Nevertheless, the required consultation may be general in
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nature and does not have to be specific to a
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particular plea offer. The revisions also specified that ausas were
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to ensure that victims had a right to be reasonably
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heard at plea proceedings. On November two, twenty eleven, US
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Senator John Kyle, a co sponsor of the CVRA, sent
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a letter to Attorney General Eric Holder, arguing that the
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twenty eleven guidelines revision conflicted quite clearly with the cvra's
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plan language because the twenty eleven guidelines did not extend
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any rights to victims until charges have been filed. The
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department's response emphasized that the department had made its best
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efforts in thousands of federal and District of Columbia cases
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to assert support and defend crime victim rights. The response
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also referenced olc's December twenty ten opinion concluding that CVRA
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rights apply when criminal proceedings are initiated, noting that the
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new AG guidelines go further and provide that Department prosecutors
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should make reasonable efforts to notify identified victims of and
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considered victims views about perspective plea negotiations even prior to
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the filing of a charging instrument, with the Court. In
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twenty fifteen, Congress amended the CVRA and added the following
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two rights. Nine the right to be informed in a
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timely manner of any plea, bargain, or deferred prosecution agreement.
17:46
Ten the right to be informed of the rights under
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the section and the services described in section five oh
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three see of the Victim Rights and Restitution Act of
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nineteen ninety US Code forty two ten six oh seven c.
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And provided contact information for the Office of the Victim's
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Rights on Budsmen of the Department of Justice g the
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CVR litigation proceedings and current status. While the CVRA litigation
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was pending in the Southern District of Florida, numerous federal
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civil lawsuits against Epstein brought in the same district were
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transferred to the same judge as related cases as a
18:22
matter of judicial economy pursuant to the local rules. As
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the parties agreed to settlements in those civil cases, they
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were dismissed. Several of the victims who had settled their
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civil cases filed depleting in the CVR litigation, asking the
18:37
court to maintain their anonymity and not further disseminate their identities.
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To the CVRA petitioners. In the CVRA case, the petitioners
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claimed that the government violated their CVRA rights to confer
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by one negotiating and signing the NPA without the victim input,
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two sending letters to the victims claiming that the matter
18:57
was under investigation after the NPA was already signed, and
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three not properly informing the victims that the state plea
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would also resolve the federal investigation. In addition, the petitioners
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alleged that the government violated their CVR right to be
19:12
treated with fairness by concealing the NPA negotiation, and also
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violated their CVR right to reasonable notice by concealing that
19:21
the state court proceeding impacted the enforcement of the NPA
19:25
and resolved the federal investigation. During the litigation, the USAO
19:29
argued that one, the victims had no right to notice
19:32
or conferl about the NPA because the CVR rights did
19:36
not apply pre charge. Two, the government's letters to victims
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sent after the NPA was signed were not misleading in
19:43
stating that the matter was under investigation because the government
19:46
continued to investigate given its uncertainty that Epstein would plead
19:50
guilty and three, Villa Fauna contacted the petitioner's attorney prior
19:54
to Epstein's state plea to advise him of the hearing. Nonetheless,
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Villa Fauna told opo Are that while there were valid
20:02
reasons for the government's position that CVR rights do not
20:05
apply pre charge, this is a case where I felt
20:08
we should have done more than what was legally required.
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I was obviously prepared to spend much more time, energy,
20:14
and effort necessary to meet with each and every victim.
20:18
Over the course of the litigation, the District Court made
20:21
various rulings interpreting the provisions of the CVRA, including the
20:25
court's key conclusion that victims CVR rights attach before the
20:29
government brings formal charges against a defendant. The court also
20:34
held that one, the CVRA authorizes the recision or reopening
20:39
of a prosecutorial agreement, including a non prosecution agreement, reached
20:43
in violation of a prosecutor's conferral obligations under the statute. Two,
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the CVRA authorizes the setting aside of pre charge prosecutorial agreements. Three,
20:54
the cvra's reasonable right to confer extends to pre charge
20:58
state of criminal investigation and proceedings for the alleged federal
21:03
sect crimes committed by Epstein render the doe petitioners victims
21:06
under the CVRA, and five questions pertaining to the equitable
21:11
defense are properly left for resolution after development of full
21:16
evidentiary record. On February twenty first, twenty nineteen, the District
21:21
Court granted the petitioner's motion for partial summary judgment, ruling
21:25
that once the government failed to advise the victims about
21:28
the intention to enter into the NPA, a violation of
21:30
the CVRA occurred. The government did not dispute the fact
21:34
that it did not confer with the petitioners prior to
21:37
signing the NPA, and the court concluded that at a
21:39
bare minimum, the CVRA required the government to inform petitioners
21:44
that it intended to enter into an agreement not to
21:47
prosecute Epstein. The court found the post NPA letters the
21:50
government sent to victims describing the investigation as ongoing misled
21:55
the victims to believe that the federal prosecution was still
21:58
a possibility, and that it was a matierial omission for
22:00
the government to suggest to the victims that they have
22:03
patients relative to an investigation about which it had already
22:07
bound itself not to prosecute. The court relied on DAN
22:11
and BP products to support its holding, and noted that
22:14
the government's action with respect to the NPA was especially
22:17
troubling because, unlike a plea agreement for which the victims
22:20
could voice objection at a sentencing hearing, once an NPA
22:24
is entered into without notice, the matter is closed and
22:27
the victims have no opportunity to be heard regarding any
22:30
aspect of the case. The court also highlighted the inequity
22:35
of the usao's failure to communicate with victims while it's
22:38
simultaneously engaged in lengthy negotiations with Epstein's counsel, and assured
22:43
the defense that the NPA would not be made public
22:46
or filed with the court. Although the USAO defended its
22:50
actions by citing the two thousand and five guidelines for
22:53
the department's position that CVRA rights do not attach until
22:57
after a defendant is charged, the Court was not persuaded
23:00
that the guidelines were the basis for the government's decision
23:03
to withhold information about the NPA from the victims. The
23:07
court found that the government's reliance on the two thousand
23:10
five guidelines was inconsistent with positions the USAO had taken
23:14
in correspondence with Epstein's attorneys, in which the government acknowledged
23:18
that it had obligations to notify the victims. The court
23:22
ordered the parties to submit additional briefs regarding the appropriate remedies. Accordingly,
23:27
the petitioner's requested multiple specific remedies, including recision of the NPA,
23:32
a written apology to all victims from the government, a
23:35
meeting with the cost of Villafauna dr supervisors, access to
23:39
government records including grand jury materials, training for USAO employees,
23:44
and monetary sanctions and attorney fees. Following Epstein's indictment on
23:48
federal charges in New York and subsequent death while in custody,
23:52
on September sixteen, twenty nineteen, the district judge presiding over
23:56
the CVRA case denied the petitioner's motion for remedy and
24:00
closed the case, stating that Epstein's death rendered the most
24:03
significant issue that was pending before the court, namely whether
24:07
the government's violation of petitioners' rights under the CVRA invalidated
24:12
the NPA moot. The court did not order the government
24:15
to take corrective measures, but stated that it fully expects
24:18
the government will honor its representation that it will provide
24:22
training to its employees about the CVRA and the proper
24:25
treatment of crime victims. The court also denied the petitioner's
24:29
request for attorney fees, finding that the government did not
24:32
act in bad faith because, although unsuccessful on the merits
24:35
of the issue of whether there was a violation of
24:38
the CVRA, the government asserted legitimate and legally supportable positions
24:43
throughout this litigation. On September thirtieth, twenty nineteen, Wild appealed
24:48
the district Court's rejection of the requested remedies through a
24:51
petition for a rid of mandamus filed with the US
24:54
Court of Appeals for the Eleventh Circuit. In its response
24:58
of brief, the government expressed sympathy for Wild and regret
25:01
for the manner in which it communicated with her in
25:03
the past. Nevertheless, the government argued that, as a matter
25:07
of law, the legal obligations under the CVRA do not
25:11
attach prior to the government charging a case, and thus
25:14
the CVRA was not triggered in SDFL because no criminal
25:18
charges were brought. The government conceded, however, that with no
25:22
regard to the New York prosecution in which Epstein had
25:25
been indicted. Petitioner and other Epstein victims deserved to be
25:28
treated with fairness and respect and to be conferred with
25:32
on the criminal case, not just because the CVRA requires it,
25:36
but because it's the right thing to do. During oral
25:38
argument on January sixteenth, twenty twenty, the government apologized for
25:43
the usao's treatment of wild The issue is whether or
25:46
not the office was fully transparent with Miss wild about
25:50
what it was going on with respect to the NPA,
25:53
and they made a mistake in causing her to believe
25:55
that the case was ongoing when in fact the NPA
25:58
had been signed. The Government should communicated in a straightforward
26:02
and transparent way with Miss Wilde, and for that we
26:05
are genuinely sorry. On April fourteenth, twenty twenty, a divided
26:09
panel of the Court of Appeals for the Eleventh Circuit
26:12
denied wild petition for a rid of mandamus, concluding that
26:15
the CVRA does not apply before the commencement of criminal proceedings,
26:20
and thus, on the facts of this case, does not
26:22
provide the petitioner here with any judicially enforceable rights. The
26:26
court conducted a thorough analysis of the language of the statute,
26:30
the legislative history, the previous court decisions. The Court distinguished
26:35
in dean as dictum, consisting of a three sentence discussion
26:38
devoid of any analysis of the cvra's text, history or
26:42
structural underpinnings. The Court noted that its interpretation of the
26:47
CVRA was consistent with the department's twenty ten OLC. Opinion
26:52
concerning victims standing under the CVRA and the department's efforts
26:56
in implementing regulations. Finally, the Court rerai separation of powers
27:01
concerned with wild and the dissenting judge's interpretation of victims
27:05
standing under the CVRA, noting that such an interpretation would
27:09
interfere with prosecutorial discretion. Nevertheless, the Court was highly critical
27:15
of the government's conduct in the underlying case, stating the
27:18
government seemingly deferred to Epstein's lawyers regarding information it provided
27:22
victims about the NPA, and that its efforts seemed to
27:25
have graduated from passive non disclosure to or at least
27:29
close to active misrepresentation. The Court concluded that although it
27:33
seems obvious that the government should have consulted with petitioner
27:37
and other victims before negotiating and executing Epstein's NPA, the
27:41
Court could not conclude that the government was obligated to
27:44
do so. In addition, the dissenting judge filed a lengthy
27:48
and strongly worded opinion asserting that the majority statutory interpretation
27:53
was contorted because the plan and unambiguous text of the
27:57
CVRA does not include a post indictment temporal restriction. On
28:02
May fifth, twenty twenty, Wild file a petition for rehearing
28:06
and bonk. On August seventh, twenty twenty, the Court granted
28:09
the petition for rehearing on bank and vac head of
28:12
the panel's opinion. As of the date of this report,
28:15
a briefing schedule has been issued. An oral argument is
28:19
set for December third, twenty twenty. All right, folks, we're
28:22
going to wrap up right here, and then the next
28:24
episode dealing with the topic, we'll pick up where we
28:26
left off. All of the information that goes with this
28:29
episode can be found in the description box. What's up everyone,
28:33
and welcome back to the Epstein Chronicles. In this episode,
28:37
we're getting right back to the Jeffrey Epstein OIG Report
28:41
into the NPA Chapter three, Part two Applicable standards I
28:47
Statutory provisions. Pertinent sections of the CVRA and the VRRA
28:53
applicable during the relevant time period are set forth below. A.
28:58
The CVR US Code eighteen, Section thirty seven seventy one
29:03
A Rights of crime Victims. A crime victim has the
29:07
following rights. One the right to be reasonably protected from
29:11
the accused. Two the right to reasonable, accurate and timely
29:15
notice of any public court proceeding or any parole proceeding
29:19
involving the crime, or of any release or escape of
29:23
the accused. Three the right not to exclude from any
29:26
such public court proceeding unless the court, after receiving clear
29:30
and convincing evidence, determines that testimony by the victim would
29:34
be materially altered if the victim heard other testimony at
29:37
the proceeding. Four the right to be reasonably heard at
29:40
any public proceeding in the district Court involving release, plea, sentencing,
29:45
or any parole proceeding. Five the reasonable right to confer
29:50
with the attorney for the government in the case. Six
29:53
the right to full and timely restitution has provided in law. Seven.
29:58
The right to proceedings free from unreasonable delay. Eight the
30:02
right to be treated with fairness and with respect for
30:05
the victim's dignity and privacy. C Best efforts to accord rights. One.
30:10
Government officers and employees of the Department of Justice shall
30:14
make their best efforts to see that crime victims are
30:17
notified of and accorded the rights described in sub Section
30:21
A E Definitions two Crime victim A. In general, the
30:26
term crime victim means a person directly and proximately harmed
30:29
as a result of the commission of a federal offense
30:32
or an offense in the District of Columbia. B. The
30:35
Victim's Rights and Restitution Act of nineteen ninety VR US
30:40
Code thirty four, Section two zero one four to one
30:44
Services to Family, formally cited as US Code forty two,
30:48
Section ten six oh seven B. Identification of victims at
30:53
the earliest opportunity after the detection of a crime, at
30:57
which it may be done without interfering with an investigation.
31:00
A responsible official shall one identify the victim or victims
31:05
of a crime. Two. Inform the victims of their right
31:07
to receive on request, the services described in sub Section
31:11
C and three. Inform each victim of the name, title
31:15
in business, address, and telephone number of the responsible official
31:19
to whom the victim should address a request for each
31:21
of the services described in sub Section C C Description
31:26
of services. One. A responsible official shall a inform the
31:30
victim of the place where the victim may receive emergency, medical,
31:34
and social services. B Inform a victim of any restitution
31:38
or other relief to which the victim may be entitled
31:41
under this or any other law and manner in which
31:44
such relief may be obtained. C Inform a victim of
31:48
public and private programs that are available to provide counseling, treatment,
31:52
and other support to the victim. And D Assist a
31:55
victim in contacting the persons who are responsible for providing
31:59
the services and relief described in sub Paragraphs A, B
32:02
and C. Two. A responsible official shall arrange for a
32:07
victim to receive reasonable protection from a suspected offender and
32:10
persons acting in concert with or at the behest of
32:14
the suspected offender. Three. During the investigation and prosecution of
32:18
a crime, a responsible official shall provide a victim the
32:22
earliest possible notice of a the status of the investigation
32:25
of the crime, to the extent it is appropriate to
32:28
inform the victim, and to the extent that it will
32:31
not interfere with the investigation. B the arrest of a
32:35
suspected offender, C The filing of charges against the suspected offender.
32:40
D The scheduling of each court proceeding that the witness
32:43
is either required to attend or, under Section one zero
32:47
six six B four of Title forty two, is entitled
32:51
to attend. E. The release or detention status of an
32:54
offender or a suspected offender. F The acceptance of a
32:58
plea of guilty or noolo catendre or the rendering of
33:02
a verdict after trial n G. The sentence imposed on
33:06
an offender, including the date on which the offender will
33:09
be eligible for parole. Four. During court proceedings, a responsible
33:14
officials shall ensure that a victim is provided a waiting area,
33:18
removed from and out of the site and hearing of
33:21
the defendant and defense witnesses. E. Definitions two. The term
33:26
victim means a person that has suffered direct physical or
33:30
emotional harm as a result of the commission of a crime.
33:34
To Department policy the two thousand and five Attorney General
33:37
Guidelines for Victim and Witness Assistants. In two thousand and five,
33:42
the Department revised its Guidelines for Victims and Witness Assistance
33:45
in order to incorporate the provisions of the CVRA. The
33:50
purpose of the two thousand and five guidelines was to
33:52
establish guidelines to be followed by officers and employees of
33:56
Department of Justice investigative, prosecutorial and directional components in the
34:01
treatment of victims of and witnesses to crime. The relevant
34:05
portions of the two thousand and five Guidelines are as follows.
34:09
Article four Services to Victims and witnesses A the investigation stage,
34:15
The investigative agency's responsibility begins with the report of the
34:19
crime and extends through the prosecution of the case. In
34:23
some instances, when explicitly stated, the investigative agency's responsibility for
34:28
a certain task is transferred to the prosecuting agency when
34:31
charges are filed. Two. Identification of victims at the earliest
34:36
opportunity after the detection of a crime, at which it
34:39
may be done without interfering with an investigation. The responsible
34:43
official of the investigative agency shall identify the victims of
34:47
the crime. Three Description of services a information notice and referral.
34:53
One initial information and notice. Responsible officials must advise a
34:58
victim pursue it this at the earliest opportunity after detection
35:03
of a crime at which it may be done without
35:05
interfering with an investigation. To comply with this requirement, it's
35:10
recommended that victims be given a printed brochure or card
35:14
that briefly describes their rights and the available services, identifies
35:18
the local service providers, and lists the names in telephone
35:21
numbers of the victim, witness coordinator or specialist, and other
35:25
key officials. A victim must be informed of a his
35:29
or her rights as enumerated in US Code eighteen, section
35:32
thirty seven seventy one a B His or her right
35:37
entitlement on request to the services listed in US Code
35:40
forty two, section ten six oh seven c C the name, title, business, address,
35:46
and telephone number of the responsible official to whom such
35:50
a request for services should be addressed. D. The place
35:54
where the victim may receive emergency, medical, or social services. E.
35:58
The availability of any restitution or other relief, including crime
36:02
victim compensation programs to which the victim may be entitled
36:06
under this or any other applicable law, and the manner
36:09
in which such relief may be obtained. F Public and
36:14
private programs that are available to provide counseling, treatment, and
36:17
other support to the victim. I the availability of services
36:22
for victims of domestic violence, sexual assault, or stalking. J
36:26
The option of being included in vns K available protections
36:31
from intimidation and harassment. Three Notice during the investigation. During
36:37
the investigation of a crime, or responsible official shall provide
36:41
the victim with the earliest possible notice concerning a the
36:44
status of the investigation of a crime, to the extent
36:47
that it is appropriate and will not interfere with the investigation.
36:51
B the arrest of a suspected offender. B the prosecution stage.
36:56
The prosecution stage begins when charges are filed. A SA
37:00
continues through pre sentencing legal proceedings, including appeals and collateral attacks.
37:05
One Responsible officials for cases in which charges have been instituted,
37:10
the responsible official in the U S attorney in whose
37:13
district the prosecution is pending. Two Services to crime victims
37:18
B Information notice and referrals. One Notice of rights. Officers
37:23
and employees of the Department of Justice shall make their
37:26
best efforts to see that crime victims are notified of
37:28
the rights enumerated in US Code eighteen, Section thirty seven
37:33
seventy one A. Two Notice of right to seek counsel.
37:36
The prosecutor shall advise the crime victim that the crime
37:39
victim can seek the advice of an attorney with respect
37:42
to the rights described in US Code eighteen, Section thirty
37:45
seven seventy one A three. Notice of right to attend trial.
37:50
The responsible official should inform the crime victim about the
37:53
victim's right to attend the trial, regardless of whether the
37:56
victim intends to make a statement or present any information
37:59
about the effect of the crime on the victim during sentencing. Four.
38:04
Notice of case events during the prosecution of a crime,
38:07
or responsible official shall provide the victim, using vns, where appropriate,
38:12
with reasonable notice of a the filing of charges against
38:15
the suspected offender, b the release or escape of an
38:19
offender or suspected offender. C the schedule of court proceedings. I.
38:24
The responsible official shall provide the victim with reasonable, accurate,
38:27
and timely notice of any public court proceeding or parole
38:31
proceeding that involves the crime against the victim. In the
38:34
event of an emergency or other last minute hearing, or
38:37
change in the time or date of a hearing, the
38:39
responsible official should consider providing notice by telephone or expedited means.
38:45
This notification requirement relates to post sentencing proceedings as well. Two.
38:50
The responsible official shall also give reasonable notice of the
38:54
scheduling or rescheduling of any of the court proceedings that
38:58
the victim or witness is requis wired or entitled to attend.
39:02
D The acceptance of a pleague of guilty or nolo contendre,
39:07
or the rendering of a verdict after the trial e
39:11
If the offender is convicted, the sentence and conditions of
39:14
supervised release, if any, that are imposed. Six referrals once
39:20
charges or filed. The responsible official shall assist the victim
39:23
in contacting the person or offices responsible for providing services
39:28
and relief. C Consultation with government attorney one. In general,
39:35
a victim has the reasonable right to confer with an
39:38
attorney for the government. In the case the victim's right
39:41
to confer, however, shall not be construed to impair prosecutorial discretion.
39:46
Federal prosecutors should be available to consult with victims about
39:49
major case decisions, such as dismissals, release of the accused
39:53
pending judicial proceedings, when such release is for non investigative purposes.
39:58
PLEA negotiations and pre trial diversion. Because victims are not clients,
40:04
they may become adverse to the government and may disclose
40:07
whatever they have learned from consulting with prosecutors, and such
40:11
consultations may be limited to gathering information from victims and
40:15
conveying only nonsensitive data and public information. Consultations should comply
40:20
with the prosecutor's obligations under applicable rules of professional conduct.
40:25
Representatives of the Department should take care to inform victims
40:29
that neither the Department's advocacy for victims, nor any of
40:32
the other effort that the Department may make on their behalf,
40:35
constitutes or creates an attorney client relationship between such victims
40:39
and the lawyers for the government. Department personnel should not
40:43
provide legal advice to victims. Two prosecutor availability. Prosecutors should
40:48
be reasonably available to consult with victims regarding significant adversities
40:53
they may suffer as a result of delays and prosecution
40:55
of the case, and should, at the appropriate time inform
40:59
the court of the reasonable concerns that may have been
41:02
conveyed to the prosecutor. Three proposed plea agreements. Responsible officials
41:07
should make reasonable efforts to notify identified victims regarding significant
41:11
adversities they may suffer as a result of delays in
41:14
the prosecution of the case, and should, at the appropriate
41:17
time inform the court of the reasonable concerns that have
41:20
been conveyed to the prosecutor three proposed plea agreements. Responsible
41:25
officials should make reasonable efforts to notify identified victims of
41:29
and consider victims views about prospective plea negotiations. In determining
41:34
what is reasonable, the responsible officials should consider factors relevant
41:38
to the wisdom and practicality of giving notice and considering
41:42
views in the context of the particular case, including, but
41:45
not limited to, the following factors. A the impact on
41:49
public safety and risks to personnel safety. B the number
41:53
of victims. C Whether time is of the essence in
41:56
negotiating or entering a proposed plea, D, whether the proposed
42:01
plea involves confidential information or conditions E, Whether there is
42:05
another need for confidentiality, f whether the victim is a
42:09
possible witness in the case, and the effect that relaying
42:12
any information may have on the defendant's right to a
42:16
fair trial. All right, we're going to wrap up this
42:18
episode here and in the next episode, we're gonna pick
42:21
up with Section three Florida Rules of Professional Conduct. All
42:25
of the information that goes with this episode can be
42:28
found in the description box.