Latest / The Epstein Chronicles / Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Part 52-54) (7/31/26)

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Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Part 52-54) (7/31/26) · The Epstein Chronicles

• 0:00
  Speaker 1: What's up, everyone, and welcome back to the Epstein chronicles.
• 0:03
  Speaker 1: In this episode, we're getting right back to the OIG
• 0:06
  Speaker 1: report into Jeffrey Epstein's NPA. Significant post plea developments. Immediately
• 0:13
  Speaker 1: after Epstein's state guilty please, Villa Fauna notifies some victim attorneys.
• 0:18
  Speaker 1: Villa Fauna's contemporaneous notes show that immediately after Epstein's June thirtieth,
• 0:22
  Speaker 1: two thousand and eight guilty please, she attempted to reach
• 0:25
  Speaker 1: by telephone five attorneys representing various victims in civil suits
• 0:30
  Speaker 1: that were pending against Epstein. Villa Fauna also emailed one
• 0:34
  Speaker 1: of the pro bono attorneys she had engaged to help
• 0:37
  Speaker 1: victims avoid defense harassment, informing him that the federal investigation
• 0:41
  Speaker 1: had been resolved through a state plea and that Epstein
• 0:44
  Speaker 1: had an agreement with the USAO requiring him to make
• 0:47
  Speaker 1: certain concessions regarding possible civil suits brought by the victims.
• 0:52
  Speaker 1: Villa Fauna advised Goldberger the FBI has received several calls
• 0:56
  Speaker 1: regarding the NPA. I do not know whether the title
• 0:59
  Speaker 1: of the document was disclosed when the NPA was filed
• 1:02
  Speaker 1: under seal, but the FBI and our office our declining
• 1:06
  Speaker 1: comment if asked. B July seventh, two thousand and eight,
• 1:10
  Speaker 1: the CVRA litigation is initiated. On July third, two thousand
• 1:15
  Speaker 1: and eight, victims attorney Edwards spoke to Villa Fauna by
• 1:18
  Speaker 1: telephone about the resolution of the state case against Epstein
• 1:22
  Speaker 1: and the next stage of the federal prosecution. In his
• 1:25
  Speaker 1: twenty seventeen affid David filed in the CVRA litigation, Edwards
• 1:29
  Speaker 1: asserted that during this conversation, Villa Fauna did not inform
• 1:33
  Speaker 1: him of the NPA, but that during the call he
• 1:36
  Speaker 1: sensed that the USAO was beginning to negotiate with Epstein
• 1:40
  Speaker 1: concerning the federally identified crimes. However, in an email to
• 1:44
  Speaker 1: Villa Fauna that sent after the call, she informed Sloman
• 1:48
  Speaker 1: that during the call, Edward stated that his clients can
• 1:51
  Speaker 1: name many more victims and wanted to know if we
• 1:54
  Speaker 1: can get out of the deal. Villa Fauna told Sloman
• 1:56
  Speaker 1: that after she told Edwards that the government was bound
• 1:59
  Speaker 1: by the agree assuming Epstein completed it. Edwards asked if
• 2:03
  Speaker 1: there was the slightest bit of hesitation on Epstein's part
• 2:06
  Speaker 1: of completing his performance, that he and his three clients
• 2:10
  Speaker 1: be allowed to consult with the USAO before making a decision.
• 2:14
  Speaker 1: That same day, Edwards wrote a letter to Villa Fauna,
• 2:17
  Speaker 1: complaanning that Epstein's state court sentence was grossly inadequate for
• 2:21
  Speaker 1: a predator of this magnitude, and urged Villa Fauna to
• 2:24
  Speaker 1: move forward with the traditional indictments and criminal prosecutions for
• 2:28
  Speaker 1: the crimes mister Epstein committed. On July seventh, two thousand
• 2:32
  Speaker 1: and eight, Edwards filed his emergency petition in the US
• 2:35
  Speaker 1: District Court for the Southern District of Florida on behalf
• 2:38
  Speaker 1: of Courtney Wilde, who was then identified only as Jane Doe.
• 2:41
  Speaker 1: She was soon joined by a second petitioner, and they
• 2:44
  Speaker 1: were respectively referred to as Jane Doe one and Jane
• 2:47
  Speaker 1: Doe number two. Edwards claimed that the government had violated
• 2:51
  Speaker 1: his client's rights under the CVRA by negotiating to resolve
• 2:55
  Speaker 1: the federal investigation of Epstein without consulting the victims. The
• 2:59
  Speaker 1: petition requested that the court order the United States to
• 3:02
  Speaker 1: comply with the CVRA. The USAO opposed the petition, arguing
• 3:07
  Speaker 1: that the CVRA did not apply because there were no
• 3:10
  Speaker 1: federal charges filed against Epstein. As a result of the
• 3:13
  Speaker 1: government's agreement in mid two thousand and seven to defer
• 3:16
  Speaker 1: prosecution to the state. July two thousand and eight, villa
• 3:21
  Speaker 1: Fauna prepares and sends a victim notification letter to listed victims.
• 3:25
  Speaker 1: On July eighth, two thousand and eight, Villa Fauna provided
• 3:28
  Speaker 1: Goldberger with an updated victim list for the US Code eighteen,
• 3:32
  Speaker 1: section twenty two to fifty five purposes, noting that he
• 3:35
  Speaker 1: had inadvertently left off one individual in her June thirtieth,
• 3:39
  Speaker 1: two thousand and eight letter. Villa Fauna also informed the
• 3:42
  Speaker 1: defense that beginning the following day, she would distribute notifications
• 3:46
  Speaker 1: to each of the thirty two victims and their council,
• 3:49
  Speaker 1: informing them that Epstein's attorney would be the contact for
• 3:52
  Speaker 1: any civil litigation if the victim decided to pursue damages. Finally,
• 3:57
  Speaker 1: the letter informed the defense that the government would consider
• 3:59
  Speaker 1: a denial by Epstein that any one of these victims
• 4:02
  Speaker 1: is entitled to proceed under US Code eighteen, section twenty
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  Speaker 1: two fifty five to be considered a breach of the
• 4:09
  Speaker 1: terms of the NPA. After exchanging emails and letters with
• 4:13
  Speaker 1: the defense concerning the content of the notice, letter Villafauna
• 4:16
  Speaker 1: drafted a letter she sent on July ninth and tenth
• 4:19
  Speaker 1: to nine victims who had previously retained council. The letter
• 4:22
  Speaker 1: informed the victims and their council that, in light of
• 4:25
  Speaker 1: Epstein's June thirtieth, two thousand and eight, State court plead
• 4:28
  Speaker 1: a felony solicitation of prostitution and procurement of miners to
• 4:32
  Speaker 1: engage in prostitution and dissentants of a total of eighteen
• 4:35
  Speaker 1: months imprisonment followed by twelve months community control, the United
• 4:39
  Speaker 1: States has agreed to defer federal prosecution in favor of
• 4:42
  Speaker 1: the state plea and sentence, subject to certain conditions. The
• 4:47
  Speaker 1: letter included a reference to the US Code eighteen, section
• 4:50
  Speaker 1: twenty two to fifty five provision of the NPA, and
• 4:53
  Speaker 1: although the defense had never agreed to, it used language
• 4:56
  Speaker 1: from Acosta's December nineteenth, two thousand seven letters to A
• 4:59
  Speaker 1: Das Epstein defense attorney Sanchez clarifying the damage's provision. The
• 5:04
  Speaker 1: paragraph below was described as one condition to which Epstein
• 5:08
  Speaker 1: has agreed. Any person who, while a minor, was a
• 5:11
  Speaker 1: victim of violation of an offense enumerated in Title eighteen
• 5:15
  Speaker 1: US Code, Section twenty two fifty five, will have the
• 5:18
  Speaker 1: same rights to proceed under section twenty two to fifty
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  Speaker 1: five as she would have had if mister Epstein had
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  Speaker 1: been tried federally and convicted of enumerated offenses. For purposes
• 5:28
  Speaker 1: of implementing this paragraph, the United States shall provide mister
• 5:31
  Speaker 1: Epstein's attorneys with a list of individuals whom it was
• 5:35
  Speaker 1: prepared to name as victims of an enumerated offense by
• 5:39
  Speaker 1: mister Epstein. Any judicial authority interpreting this provision, including any
• 5:44
  Speaker 1: authority determining which evidentiary burdens if any a plaintiff must meet,
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  Speaker 1: shall consider that it is intent of the parties to
• 5:52
  Speaker 1: place these identified victims in the same position as they
• 5:55
  Speaker 1: would have been had mister Epstein been convicted at trial.
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  Speaker 1: No More, no p us. On July tenth, two thousand
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  Speaker 1: and eight, Villa Fauna San Goldberger a final notification of
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  Speaker 1: identified victims, highlighting the defendant's obligation under the NPA concerning
• 6:10
  Speaker 1: victim lawsuits pursuant to US Code eighteen, Section twenty two
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  Speaker 1: fifty five, and again listing the thirty two individuals whom
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  Speaker 1: the United States was prepared to name as victims of
• 6:21
  Speaker 1: enumerated offense. The same day, Villa Fauna sent Goldberger a
• 6:25
  Speaker 1: second letter, noting that the defense would receive copies of
• 6:29
  Speaker 1: all victim notification on a rolling basis. Villa Fauna informed
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  Speaker 1: her managers that the FBI case agents would reach out
• 6:36
  Speaker 1: by telephone to the listed victims who were unrepresented to
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  Speaker 1: inform them that the case was resolved and to confirm
• 6:43
  Speaker 1: their addresses for notification by mail. With regard to the
• 6:46
  Speaker 1: content of the telephone calls, Villa Fauna proposed the following
• 6:50
  Speaker 1: language to the case agents, we are calling to inform
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  Speaker 1: you about the resolution of the Epstein investigation and to
• 6:56
  Speaker 1: thank you for your help. Mister Epstein pled guilty to
• 6:59
  Speaker 1: one child sex offense and will require him the register
• 7:02
  Speaker 1: as a sex offender for life, and received a sentence
• 7:05
  Speaker 1: of eighteen months imprisonment followed by one year of home confinement.
• 7:09
  Speaker 1: Mister Epstein also made a concession regarding the payment of restitution.
• 7:13
  Speaker 1: All of these terms are set out in the letter
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  Speaker 1: that Ausa Villa Fauna is going to send out. Do
• 7:18
  Speaker 1: you have a lawyer, get name or address. If not,
• 7:22
  Speaker 1: where do you want the letter sent? If you have questions?
• 7:24
  Speaker 1: When you receive the letter, Please understand that we cannot
• 7:27
  Speaker 1: provide legal advice, but the lawyers at the following victim
• 7:30
  Speaker 1: rights organizations are able to help you at no cost
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  Speaker 1: to you. Also ask about counseling and let them know
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  Speaker 1: that counseling is available even though the investigation is closed.
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  Speaker 1: On July twenty first, two thousand and eight, Villa Fauna
• 7:44
  Speaker 1: sent the letter to the eleven unrepresented victims whose addresses
• 7:47
  Speaker 1: the FBI had by the time that they confirmed it.
• 7:51
  Speaker 1: Villa Fanna provided Epstein Defense Counsel with a copy of
• 7:54
  Speaker 1: the letter sent to each victim directly or through counsel,
• 7:57
  Speaker 1: while the mailing addresses were redacted. D July through August
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  Speaker 1: two thousand and eight, the FBI sends a victim notification
• 8:05
  Speaker 1: letter to victims residing outside of the United States while
• 8:09
  Speaker 1: attempting to locate and contact unrepresented victims. The FBI obtained
• 8:13
  Speaker 1: contact information for two victims residing outside of the US
• 8:17
  Speaker 1: on July twenty three and August eight, two thousand and eight, respectively.
• 8:21
  Speaker 1: The FBI Victim specialists transmitted an automated VNS form notification
• 8:26
  Speaker 1: letter to each victim through the FBI representative at the
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  Speaker 1: US Diplomatic Mission for each country. This letter was substantially
• 8:33
  Speaker 1: identical to the previous FBI victim notification letter the FBI
• 8:38
  Speaker 1: had sent to victims in two thousand and six, seven
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  Speaker 1: and eight, in that it identified each recipient as a
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  Speaker 1: possible victim of a federal crime and listed her eight
• 8:47
  Speaker 1: CVR rights. The letter did not indicate that Epstein had
• 8:51
  Speaker 1: pled guilty in a state court on June thirtieth, two
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  Speaker 1: thousand and eight, or that the USAO had resolved its
• 8:57
  Speaker 1: investigation by deferring federal process in favor of the state plea.
• 9:02
  Speaker 1: Rather like the previous FBI VINS generated letter, the letter
• 9:06
  Speaker 1: requested the victim's assistance and cooperation while we are investigating
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  Speaker 1: the case. For each one of the two victims residing
• 9:13
  Speaker 1: outside of the US, Villafauna who also drafted a notification
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  Speaker 1: letter concerning the June thirtieth, two thousand and eight plea
• 9:20
  Speaker 1: and US Code eighteen, Section twenty two fifty five process,
• 9:24
  Speaker 1: which were to be hand delivered along with the FBI's letters. However,
• 9:28
  Speaker 1: FBI records do not reflect whether the usao's letters were
• 9:32
  Speaker 1: delivered to the two victims. E August through September two
• 9:36
  Speaker 1: thousand and eight, the Federal Court orders the USAO to
• 9:39
  Speaker 1: disclose the NPA to victims, and the USAO sends a
• 9:42
  Speaker 1: revised victim notification letter. On August first, two thousand and eight,
• 9:47
  Speaker 1: the petitioners in the CVRA litigation filed a motion seeking
• 9:50
  Speaker 1: access to the NPA. The USAO opposed the motion by
• 9:54
  Speaker 1: relying on the confidentiality portion of the NPA. On August
• 9:59
  Speaker 1: twenty first, twan eight, the court ordered the government to
• 10:02
  Speaker 1: provide the petitioners with a copy of the NPA, subjective
• 10:05
  Speaker 1: to a protective order. In addition, the court order the
• 10:08
  Speaker 1: government to produce the NPA to other identified victims upon request.
• 10:13
  Speaker 1: D If any individual who has been identified by the
• 10:16
  Speaker 1: USAO as victims of Epstein, and or any attorneys for
• 10:20
  Speaker 1: those individuals, requests the opportunity to review the NPA, then
• 10:24
  Speaker 1: the USAO shall produce the NPA to those individuals, so
• 10:28
  Speaker 1: long as those individuals also agree that they shall not
• 10:32
  Speaker 1: disclose the NPA or its terms to any third party
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  Speaker 1: absent further court order. Following Notice two and an opportunity
• 10:39
  Speaker 1: for Epstein's council to be heard. In September two thousand
• 10:42
  Speaker 1: and eight, the USAO sent a revised notification letter to
• 10:45
  Speaker 1: victims and attorneys for representative victims concerning Epstein's state court
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  Speaker 1: guilty plea and his agreement to not contest liability and
• 10:53
  Speaker 1: victims civil suits brought under US Code eighteen, section twenty
• 10:56
  Speaker 1: two fifty five. The September letter appeared to address concerns
• 11:01
  Speaker 1: raised by Epstein attorney Lefkowitz that the government's earlier notification
• 11:05
  Speaker 1: letter reference language concerning US Code eighteen, section twenty two
• 11:09
  Speaker 1: fifty five that the government had proposed in Acosta's December nineteenth,
• 11:13
  Speaker 1: two thousand seven letter to Epstein attorney Sanchez, but that
• 11:17
  Speaker 1: the defense had not accepted. As a result of the
• 11:20
  Speaker 1: defense objection, Villafauna determined that she was obligated to amend
• 11:24
  Speaker 1: her prior letter to victims to correct the references to
• 11:27
  Speaker 1: the December letter. Accordingly, the September letter contained no information
• 11:32
  Speaker 1: about the party's intent to implement US Code eighteen, section
• 11:35
  Speaker 1: twenty two fifty five, but merely referred to the NPA
• 11:39
  Speaker 1: language concerning Epstein's waiver of his rights to contest liability
• 11:43
  Speaker 1: under the provision. In addition, the September letter described the
• 11:46
  Speaker 1: appointment of a special Master, the special master's selection of
• 11:50
  Speaker 1: an attorney to represent the victims in their US Code eighteen,
• 11:53
  Speaker 1: section twenty two fifty five litigation against Epstein and Epstein's
• 11:57
  Speaker 1: agreement to pay the attorney representatives feel arising out of
• 12:01
  Speaker 1: such litigation. The letter also clarified that Epstein's agreement to
• 12:05
  Speaker 1: pay for attorney fees did not extend to contested litigation
• 12:09
  Speaker 1: against them. The government also intended for the letter to
• 12:12
  Speaker 1: comply with the Court's order concerning providing victims with copies
• 12:16
  Speaker 1: of the NPA. The initial draft included a paragraph advising
• 12:20
  Speaker 1: the victims that they could receive a copy of the NPA.
• 12:23
  Speaker 1: In addition, a judge has ordered that the United States
• 12:26
  Speaker 1: make available to any designated victim and or her attorney
• 12:30
  Speaker 1: a copy of the actual agreement between mister Epstein and
• 12:33
  Speaker 1: the United States, so long as the victim and or
• 12:36
  Speaker 1: attorney reviews, signs, and agrees to be bound by a
• 12:38
  Speaker 1: protective order entered by the Court. If the victim would
• 12:42
  Speaker 1: like to review the agreement, please let me know and
• 12:44
  Speaker 1: I will provide a copy of the protective order for
• 12:47
  Speaker 1: a signature. The government shared draft versions of the September
• 12:50
  Speaker 1: letter with Epstein's council and responded to criticism of the
• 12:54
  Speaker 1: content of the proposed letter. For example, in response to
• 12:57
  Speaker 1: the above language regarding the August twenty five, two thousand
• 13:00
  Speaker 1: and eight court order in the CVR litigation, the defense
• 13:03
  Speaker 1: argued that there was no court order requiring the government
• 13:06
  Speaker 1: to provide the alleged victims with notice that the NPA
• 13:09
  Speaker 1: is available to them upon a request, and doing so
• 13:12
  Speaker 1: is in conflict with the confidentiality provisions of the NPA.
• 13:17
  Speaker 1: In response, and in consultation with the USAO Management Bill,
• 13:21
  Speaker 1: AFANA revised the paragraph as follows. In addition, there has
• 13:24
  Speaker 1: been litigation between the United States and two other victims
• 13:28
  Speaker 1: regarding the disclosure of the entire agreement between the United
• 13:31
  Speaker 1: States and mister Epstein. The attorney selected by the Special
• 13:35
  Speaker 1: Master can provide further guidance on this issue, or if
• 13:38
  Speaker 1: you select another attorney to represent you, that attorney can
• 13:41
  Speaker 1: review the court's order. In the CVR litigation, On September eighteenth,
• 13:45
  Speaker 1: two thousand and nine, a State Court judge unsealed the
• 13:48
  Speaker 1: copy of the NPA that had been filed in the
• 13:51
  Speaker 1: state case. All right, folks, we're going to wrap up
• 13:54
  Speaker 1: right there, and in the next episode, we're going to
• 13:56
  Speaker 1: pick up with part F twenty ten to one eleven
• 14:00
  Speaker 1: Department and Congressional actions regarding interpretation of the CVRA. All
• 14:06
  Speaker 1: of the information that goes with this episode can be
• 14:09
  Speaker 1: found in the description box. What's up everyone, and welcome
• 14:13
  Speaker 1: back to the Epstein Chronicles. In this episode, we're picking
• 14:16
  Speaker 1: up where we left off with the OIG report into
• 14:19
  Speaker 1: Jeffrey Epstein's NPA F twenty ten to twenty eleven Department
• 14:25
  Speaker 1: and congressional actions regarding interpretation of the CVRA. In connection
• 14:31
  Speaker 1: with the Department's twenty ten efforts to update its two
• 14:34
  Speaker 1: thousand and five guidelines, the Office of the Deputy Attorney
• 14:37
  Speaker 1: General convened the Victims of Crimes Working Group that asked
• 14:41
  Speaker 1: OLC to revisit its two thousand and five preliminary review
• 14:45
  Speaker 1: concerning the definition of crime victim under the CVRA and
• 14:49
  Speaker 1: solicited input concerning the issue from the Department, components and
• 14:53
  Speaker 1: federal law enforcement agencies. In response, OLC issued a December seventeenth,
• 14:58
  Speaker 1: twenty ten, opinion in titled the Availability of Crime Victim's
• 15:02
  Speaker 1: Rights under the Crime Victim Rights Act of two thousand
• 15:05
  Speaker 1: and four, based on the cvra's language, relevant case law
• 15:09
  Speaker 1: and memoranda. Opinions from the Department components. OLC reaffirmed its
• 15:14
  Speaker 1: two thousand and five conclusion that CVR rights do not
• 15:18
  Speaker 1: vest until a criminal charge has been filed by complaint,
• 15:21
  Speaker 1: information or indictment, and the rights cease to be available
• 15:25
  Speaker 1: if all charges are dismissed, either voluntarily or on the merits,
• 15:29
  Speaker 1: or if the government declines to bring formal charges after
• 15:33
  Speaker 1: the filing of a complaint. After OLC issued its opinion,
• 15:37
  Speaker 1: the Department revised the two thousand and five guidelines in
• 15:40
  Speaker 1: October of twenty eleven, but did not change its fundamental
• 15:43
  Speaker 1: position that the CVR rights did not vest until after
• 15:47
  Speaker 1: criminal charges were filed. The twenty eleven revision did, however,
• 15:52
  Speaker 1: add language concerning victim consultation before a defendant is charged.
• 15:56
  Speaker 1: In circumstances where plea negotiations occur before a case is
• 16:00
  Speaker 1: been brought, Department policy is that this should include reasonable
• 16:03
  Speaker 1: consultation prior to the filing of a charging instrument with
• 16:07
  Speaker 1: the court. The use of the words should in twenty
• 16:10
  Speaker 1: eleven guidelines indicates that personnel are expected to take the
• 16:14
  Speaker 1: action unless there is an appropriate, articulable reason not to
• 16:18
  Speaker 1: do so. Nevertheless, the required consultation may be general in
• 16:22
  Speaker 1: nature and does not have to be specific to a
• 16:25
  Speaker 1: particular plea offer. The revisions also specified that ausas were
• 16:30
  Speaker 1: to ensure that victims had a right to be reasonably
• 16:33
  Speaker 1: heard at plea proceedings. On November two, twenty eleven, US
• 16:37
  Speaker 1: Senator John Kyle, a co sponsor of the CVRA, sent
• 16:41
  Speaker 1: a letter to Attorney General Eric Holder, arguing that the
• 16:44
  Speaker 1: twenty eleven guidelines revision conflicted quite clearly with the cvra's
• 16:49
  Speaker 1: plan language because the twenty eleven guidelines did not extend
• 16:53
  Speaker 1: any rights to victims until charges have been filed. The
• 16:56
  Speaker 1: department's response emphasized that the department had made its best
• 17:00
  Speaker 1: efforts in thousands of federal and District of Columbia cases
• 17:04
  Speaker 1: to assert support and defend crime victim rights. The response
• 17:08
  Speaker 1: also referenced olc's December twenty ten opinion concluding that CVRA
• 17:13
  Speaker 1: rights apply when criminal proceedings are initiated, noting that the
• 17:17
  Speaker 1: new AG guidelines go further and provide that Department prosecutors
• 17:21
  Speaker 1: should make reasonable efforts to notify identified victims of and
• 17:26
  Speaker 1: considered victims views about perspective plea negotiations even prior to
• 17:31
  Speaker 1: the filing of a charging instrument, with the Court. In
• 17:33
  Speaker 1: twenty fifteen, Congress amended the CVRA and added the following
• 17:38
  Speaker 1: two rights. Nine the right to be informed in a
• 17:41
  Speaker 1: timely manner of any plea, bargain, or deferred prosecution agreement.
• 17:46
  Speaker 1: Ten the right to be informed of the rights under
• 17:48
  Speaker 1: the section and the services described in section five oh
• 17:52
  Speaker 1: three see of the Victim Rights and Restitution Act of
• 17:55
  Speaker 1: nineteen ninety US Code forty two ten six oh seven c.
• 18:00
  Speaker 1: And provided contact information for the Office of the Victim's
• 18:03
  Speaker 1: Rights on Budsmen of the Department of Justice g the
• 18:07
  Speaker 1: CVR litigation proceedings and current status. While the CVRA litigation
• 18:12
  Speaker 1: was pending in the Southern District of Florida, numerous federal
• 18:15
  Speaker 1: civil lawsuits against Epstein brought in the same district were
• 18:18
  Speaker 1: transferred to the same judge as related cases as a
• 18:22
  Speaker 1: matter of judicial economy pursuant to the local rules. As
• 18:26
  Speaker 1: the parties agreed to settlements in those civil cases, they
• 18:29
  Speaker 1: were dismissed. Several of the victims who had settled their
• 18:32
  Speaker 1: civil cases filed depleting in the CVR litigation, asking the
• 18:37
  Speaker 1: court to maintain their anonymity and not further disseminate their identities.
• 18:41
  Speaker 1: To the CVRA petitioners. In the CVRA case, the petitioners
• 18:46
  Speaker 1: claimed that the government violated their CVRA rights to confer
• 18:50
  Speaker 1: by one negotiating and signing the NPA without the victim input,
• 18:54
  Speaker 1: two sending letters to the victims claiming that the matter
• 18:57
  Speaker 1: was under investigation after the NPA was already signed, and
• 19:01
  Speaker 1: three not properly informing the victims that the state plea
• 19:05
  Speaker 1: would also resolve the federal investigation. In addition, the petitioners
• 19:09
  Speaker 1: alleged that the government violated their CVR right to be
• 19:12
  Speaker 1: treated with fairness by concealing the NPA negotiation, and also
• 19:17
  Speaker 1: violated their CVR right to reasonable notice by concealing that
• 19:21
  Speaker 1: the state court proceeding impacted the enforcement of the NPA
• 19:25
  Speaker 1: and resolved the federal investigation. During the litigation, the USAO
• 19:29
  Speaker 1: argued that one, the victims had no right to notice
• 19:32
  Speaker 1: or conferl about the NPA because the CVR rights did
• 19:36
  Speaker 1: not apply pre charge. Two, the government's letters to victims
• 19:40
  Speaker 1: sent after the NPA was signed were not misleading in
• 19:43
  Speaker 1: stating that the matter was under investigation because the government
• 19:46
  Speaker 1: continued to investigate given its uncertainty that Epstein would plead
• 19:50
  Speaker 1: guilty and three, Villa Fauna contacted the petitioner's attorney prior
• 19:54
  Speaker 1: to Epstein's state plea to advise him of the hearing. Nonetheless,
• 19:58
  Speaker 1: Villa Fauna told opo Are that while there were valid
• 20:02
  Speaker 1: reasons for the government's position that CVR rights do not
• 20:05
  Speaker 1: apply pre charge, this is a case where I felt
• 20:08
  Speaker 1: we should have done more than what was legally required.
• 20:11
  Speaker 1: I was obviously prepared to spend much more time, energy,
• 20:14
  Speaker 1: and effort necessary to meet with each and every victim.
• 20:18
  Speaker 1: Over the course of the litigation, the District Court made
• 20:21
  Speaker 1: various rulings interpreting the provisions of the CVRA, including the
• 20:25
  Speaker 1: court's key conclusion that victims CVR rights attach before the
• 20:29
  Speaker 1: government brings formal charges against a defendant. The court also
• 20:34
  Speaker 1: held that one, the CVRA authorizes the recision or reopening
• 20:39
  Speaker 1: of a prosecutorial agreement, including a non prosecution agreement, reached
• 20:43
  Speaker 1: in violation of a prosecutor's conferral obligations under the statute. Two,
• 20:48
  Speaker 1: the CVRA authorizes the setting aside of pre charge prosecutorial agreements. Three,
• 20:54
  Speaker 1: the cvra's reasonable right to confer extends to pre charge
• 20:58
  Speaker 1: state of criminal investigation and proceedings for the alleged federal
• 21:03
  Speaker 1: sect crimes committed by Epstein render the doe petitioners victims
• 21:06
  Speaker 1: under the CVRA, and five questions pertaining to the equitable
• 21:11
  Speaker 1: defense are properly left for resolution after development of full
• 21:16
  Speaker 1: evidentiary record. On February twenty first, twenty nineteen, the District
• 21:21
  Speaker 1: Court granted the petitioner's motion for partial summary judgment, ruling
• 21:25
  Speaker 1: that once the government failed to advise the victims about
• 21:28
  Speaker 1: the intention to enter into the NPA, a violation of
• 21:30
  Speaker 1: the CVRA occurred. The government did not dispute the fact
• 21:34
  Speaker 1: that it did not confer with the petitioners prior to
• 21:37
  Speaker 1: signing the NPA, and the court concluded that at a
• 21:39
  Speaker 1: bare minimum, the CVRA required the government to inform petitioners
• 21:44
  Speaker 1: that it intended to enter into an agreement not to
• 21:47
  Speaker 1: prosecute Epstein. The court found the post NPA letters the
• 21:50
  Speaker 1: government sent to victims describing the investigation as ongoing misled
• 21:55
  Speaker 1: the victims to believe that the federal prosecution was still
• 21:58
  Speaker 1: a possibility, and that it was a matierial omission for
• 22:00
  Speaker 1: the government to suggest to the victims that they have
• 22:03
  Speaker 1: patients relative to an investigation about which it had already
• 22:07
  Speaker 1: bound itself not to prosecute. The court relied on DAN
• 22:11
  Speaker 1: and BP products to support its holding, and noted that
• 22:14
  Speaker 1: the government's action with respect to the NPA was especially
• 22:17
  Speaker 1: troubling because, unlike a plea agreement for which the victims
• 22:20
  Speaker 1: could voice objection at a sentencing hearing, once an NPA
• 22:24
  Speaker 1: is entered into without notice, the matter is closed and
• 22:27
  Speaker 1: the victims have no opportunity to be heard regarding any
• 22:30
  Speaker 1: aspect of the case. The court also highlighted the inequity
• 22:35
  Speaker 1: of the usao's failure to communicate with victims while it's
• 22:38
  Speaker 1: simultaneously engaged in lengthy negotiations with Epstein's counsel, and assured
• 22:43
  Speaker 1: the defense that the NPA would not be made public
• 22:46
  Speaker 1: or filed with the court. Although the USAO defended its
• 22:50
  Speaker 1: actions by citing the two thousand and five guidelines for
• 22:53
  Speaker 1: the department's position that CVRA rights do not attach until
• 22:57
  Speaker 1: after a defendant is charged, the Court was not persuaded
• 23:00
  Speaker 1: that the guidelines were the basis for the government's decision
• 23:03
  Speaker 1: to withhold information about the NPA from the victims. The
• 23:07
  Speaker 1: court found that the government's reliance on the two thousand
• 23:10
  Speaker 1: five guidelines was inconsistent with positions the USAO had taken
• 23:14
  Speaker 1: in correspondence with Epstein's attorneys, in which the government acknowledged
• 23:18
  Speaker 1: that it had obligations to notify the victims. The court
• 23:22
  Speaker 1: ordered the parties to submit additional briefs regarding the appropriate remedies. Accordingly,
• 23:27
  Speaker 1: the petitioner's requested multiple specific remedies, including recision of the NPA,
• 23:32
  Speaker 1: a written apology to all victims from the government, a
• 23:35
  Speaker 1: meeting with the cost of Villafauna dr supervisors, access to
• 23:39
  Speaker 1: government records including grand jury materials, training for USAO employees,
• 23:44
  Speaker 1: and monetary sanctions and attorney fees. Following Epstein's indictment on
• 23:48
  Speaker 1: federal charges in New York and subsequent death while in custody,
• 23:52
  Speaker 1: on September sixteen, twenty nineteen, the district judge presiding over
• 23:56
  Speaker 1: the CVRA case denied the petitioner's motion for remedy and
• 24:00
  Speaker 1: closed the case, stating that Epstein's death rendered the most
• 24:03
  Speaker 1: significant issue that was pending before the court, namely whether
• 24:07
  Speaker 1: the government's violation of petitioners' rights under the CVRA invalidated
• 24:12
  Speaker 1: the NPA moot. The court did not order the government
• 24:15
  Speaker 1: to take corrective measures, but stated that it fully expects
• 24:18
  Speaker 1: the government will honor its representation that it will provide
• 24:22
  Speaker 1: training to its employees about the CVRA and the proper
• 24:25
  Speaker 1: treatment of crime victims. The court also denied the petitioner's
• 24:29
  Speaker 1: request for attorney fees, finding that the government did not
• 24:32
  Speaker 1: act in bad faith because, although unsuccessful on the merits
• 24:35
  Speaker 1: of the issue of whether there was a violation of
• 24:38
  Speaker 1: the CVRA, the government asserted legitimate and legally supportable positions
• 24:43
  Speaker 1: throughout this litigation. On September thirtieth, twenty nineteen, Wild appealed
• 24:48
  Speaker 1: the district Court's rejection of the requested remedies through a
• 24:51
  Speaker 1: petition for a rid of mandamus filed with the US
• 24:54
  Speaker 1: Court of Appeals for the Eleventh Circuit. In its response
• 24:58
  Speaker 1: of brief, the government expressed sympathy for Wild and regret
• 25:01
  Speaker 1: for the manner in which it communicated with her in
• 25:03
  Speaker 1: the past. Nevertheless, the government argued that, as a matter
• 25:07
  Speaker 1: of law, the legal obligations under the CVRA do not
• 25:11
  Speaker 1: attach prior to the government charging a case, and thus
• 25:14
  Speaker 1: the CVRA was not triggered in SDFL because no criminal
• 25:18
  Speaker 1: charges were brought. The government conceded, however, that with no
• 25:22
  Speaker 1: regard to the New York prosecution in which Epstein had
• 25:25
  Speaker 1: been indicted. Petitioner and other Epstein victims deserved to be
• 25:28
  Speaker 1: treated with fairness and respect and to be conferred with
• 25:32
  Speaker 1: on the criminal case, not just because the CVRA requires it,
• 25:36
  Speaker 1: but because it's the right thing to do. During oral
• 25:38
  Speaker 1: argument on January sixteenth, twenty twenty, the government apologized for
• 25:43
  Speaker 1: the usao's treatment of wild The issue is whether or
• 25:46
  Speaker 1: not the office was fully transparent with Miss wild about
• 25:50
  Speaker 1: what it was going on with respect to the NPA,
• 25:53
  Speaker 1: and they made a mistake in causing her to believe
• 25:55
  Speaker 1: that the case was ongoing when in fact the NPA
• 25:58
  Speaker 1: had been signed. The Government should communicated in a straightforward
• 26:02
  Speaker 1: and transparent way with Miss Wilde, and for that we
• 26:05
  Speaker 1: are genuinely sorry. On April fourteenth, twenty twenty, a divided
• 26:09
  Speaker 1: panel of the Court of Appeals for the Eleventh Circuit
• 26:12
  Speaker 1: denied wild petition for a rid of mandamus, concluding that
• 26:15
  Speaker 1: the CVRA does not apply before the commencement of criminal proceedings,
• 26:20
  Speaker 1: and thus, on the facts of this case, does not
• 26:22
  Speaker 1: provide the petitioner here with any judicially enforceable rights. The
• 26:26
  Speaker 1: court conducted a thorough analysis of the language of the statute,
• 26:30
  Speaker 1: the legislative history, the previous court decisions. The Court distinguished
• 26:35
  Speaker 1: in dean as dictum, consisting of a three sentence discussion
• 26:38
  Speaker 1: devoid of any analysis of the cvra's text, history or
• 26:42
  Speaker 1: structural underpinnings. The Court noted that its interpretation of the
• 26:47
  Speaker 1: CVRA was consistent with the department's twenty ten OLC. Opinion
• 26:52
  Speaker 1: concerning victims standing under the CVRA and the department's efforts
• 26:56
  Speaker 1: in implementing regulations. Finally, the Court rerai separation of powers
• 27:01
  Speaker 1: concerned with wild and the dissenting judge's interpretation of victims
• 27:05
  Speaker 1: standing under the CVRA, noting that such an interpretation would
• 27:09
  Speaker 1: interfere with prosecutorial discretion. Nevertheless, the Court was highly critical
• 27:15
  Speaker 1: of the government's conduct in the underlying case, stating the
• 27:18
  Speaker 1: government seemingly deferred to Epstein's lawyers regarding information it provided
• 27:22
  Speaker 1: victims about the NPA, and that its efforts seemed to
• 27:25
  Speaker 1: have graduated from passive non disclosure to or at least
• 27:29
  Speaker 1: close to active misrepresentation. The Court concluded that although it
• 27:33
  Speaker 1: seems obvious that the government should have consulted with petitioner
• 27:37
  Speaker 1: and other victims before negotiating and executing Epstein's NPA, the
• 27:41
  Speaker 1: Court could not conclude that the government was obligated to
• 27:44
  Speaker 1: do so. In addition, the dissenting judge filed a lengthy
• 27:48
  Speaker 1: and strongly worded opinion asserting that the majority statutory interpretation
• 27:53
  Speaker 1: was contorted because the plan and unambiguous text of the
• 27:57
  Speaker 1: CVRA does not include a post indictment temporal restriction. On
• 28:02
  Speaker 1: May fifth, twenty twenty, Wild file a petition for rehearing
• 28:06
  Speaker 1: and bonk. On August seventh, twenty twenty, the Court granted
• 28:09
  Speaker 1: the petition for rehearing on bank and vac head of
• 28:12
  Speaker 1: the panel's opinion. As of the date of this report,
• 28:15
  Speaker 1: a briefing schedule has been issued. An oral argument is
• 28:19
  Speaker 1: set for December third, twenty twenty. All right, folks, we're
• 28:22
  Speaker 1: going to wrap up right here, and then the next
• 28:24
  Speaker 1: episode dealing with the topic, we'll pick up where we
• 28:26
  Speaker 1: left off. All of the information that goes with this
• 28:29
  Speaker 1: episode can be found in the description box. What's up everyone,
• 28:33
  Speaker 1: and welcome back to the Epstein Chronicles. In this episode,
• 28:37
  Speaker 1: we're getting right back to the Jeffrey Epstein OIG Report
• 28:41
  Speaker 1: into the NPA Chapter three, Part two Applicable standards I
• 28:47
  Speaker 1: Statutory provisions. Pertinent sections of the CVRA and the VRRA
• 28:53
  Speaker 1: applicable during the relevant time period are set forth below. A.
• 28:58
  Speaker 1: The CVR US Code eighteen, Section thirty seven seventy one
• 29:03
  Speaker 1: A Rights of crime Victims. A crime victim has the
• 29:07
  Speaker 1: following rights. One the right to be reasonably protected from
• 29:11
  Speaker 1: the accused. Two the right to reasonable, accurate and timely
• 29:15
  Speaker 1: notice of any public court proceeding or any parole proceeding
• 29:19
  Speaker 1: involving the crime, or of any release or escape of
• 29:23
  Speaker 1: the accused. Three the right not to exclude from any
• 29:26
  Speaker 1: such public court proceeding unless the court, after receiving clear
• 29:30
  Speaker 1: and convincing evidence, determines that testimony by the victim would
• 29:34
  Speaker 1: be materially altered if the victim heard other testimony at
• 29:37
  Speaker 1: the proceeding. Four the right to be reasonably heard at
• 29:40
  Speaker 1: any public proceeding in the district Court involving release, plea, sentencing,
• 29:45
  Speaker 1: or any parole proceeding. Five the reasonable right to confer
• 29:50
  Speaker 1: with the attorney for the government in the case. Six
• 29:53
  Speaker 1: the right to full and timely restitution has provided in law. Seven.
• 29:58
  Speaker 1: The right to proceedings free from unreasonable delay. Eight the
• 30:02
  Speaker 1: right to be treated with fairness and with respect for
• 30:05
  Speaker 1: the victim's dignity and privacy. C Best efforts to accord rights. One.
• 30:10
  Speaker 1: Government officers and employees of the Department of Justice shall
• 30:14
  Speaker 1: make their best efforts to see that crime victims are
• 30:17
  Speaker 1: notified of and accorded the rights described in sub Section
• 30:21
  Speaker 1: A E Definitions two Crime victim A. In general, the
• 30:26
  Speaker 1: term crime victim means a person directly and proximately harmed
• 30:29
  Speaker 1: as a result of the commission of a federal offense
• 30:32
  Speaker 1: or an offense in the District of Columbia. B. The
• 30:35
  Speaker 1: Victim's Rights and Restitution Act of nineteen ninety VR US
• 30:40
  Speaker 1: Code thirty four, Section two zero one four to one
• 30:44
  Speaker 1: Services to Family, formally cited as US Code forty two,
• 30:48
  Speaker 1: Section ten six oh seven B. Identification of victims at
• 30:53
  Speaker 1: the earliest opportunity after the detection of a crime, at
• 30:57
  Speaker 1: which it may be done without interfering with an investigation.
• 31:00
  Speaker 1: A responsible official shall one identify the victim or victims
• 31:05
  Speaker 1: of a crime. Two. Inform the victims of their right
• 31:07
  Speaker 1: to receive on request, the services described in sub Section
• 31:11
  Speaker 1: C and three. Inform each victim of the name, title
• 31:15
  Speaker 1: in business, address, and telephone number of the responsible official
• 31:19
  Speaker 1: to whom the victim should address a request for each
• 31:21
  Speaker 1: of the services described in sub Section C C Description
• 31:26
  Speaker 1: of services. One. A responsible official shall a inform the
• 31:30
  Speaker 1: victim of the place where the victim may receive emergency, medical,
• 31:34
  Speaker 1: and social services. B Inform a victim of any restitution
• 31:38
  Speaker 1: or other relief to which the victim may be entitled
• 31:41
  Speaker 1: under this or any other law and manner in which
• 31:44
  Speaker 1: such relief may be obtained. C Inform a victim of
• 31:48
  Speaker 1: public and private programs that are available to provide counseling, treatment,
• 31:52
  Speaker 1: and other support to the victim. And D Assist a
• 31:55
  Speaker 1: victim in contacting the persons who are responsible for providing
• 31:59
  Speaker 1: the services and relief described in sub Paragraphs A, B
• 32:02
  Speaker 1: and C. Two. A responsible official shall arrange for a
• 32:07
  Speaker 1: victim to receive reasonable protection from a suspected offender and
• 32:10
  Speaker 1: persons acting in concert with or at the behest of
• 32:14
  Speaker 1: the suspected offender. Three. During the investigation and prosecution of
• 32:18
  Speaker 1: a crime, a responsible official shall provide a victim the
• 32:22
  Speaker 1: earliest possible notice of a the status of the investigation
• 32:25
  Speaker 1: of the crime, to the extent it is appropriate to
• 32:28
  Speaker 1: inform the victim, and to the extent that it will
• 32:31
  Speaker 1: not interfere with the investigation. B the arrest of a
• 32:35
  Speaker 1: suspected offender, C The filing of charges against the suspected offender.
• 32:40
  Speaker 1: D The scheduling of each court proceeding that the witness
• 32:43
  Speaker 1: is either required to attend or, under Section one zero
• 32:47
  Speaker 1: six six B four of Title forty two, is entitled
• 32:51
  Speaker 1: to attend. E. The release or detention status of an
• 32:54
  Speaker 1: offender or a suspected offender. F The acceptance of a
• 32:58
  Speaker 1: plea of guilty or noolo catendre or the rendering of
• 33:02
  Speaker 1: a verdict after trial n G. The sentence imposed on
• 33:06
  Speaker 1: an offender, including the date on which the offender will
• 33:09
  Speaker 1: be eligible for parole. Four. During court proceedings, a responsible
• 33:14
  Speaker 1: officials shall ensure that a victim is provided a waiting area,
• 33:18
  Speaker 1: removed from and out of the site and hearing of
• 33:21
  Speaker 1: the defendant and defense witnesses. E. Definitions two. The term
• 33:26
  Speaker 1: victim means a person that has suffered direct physical or
• 33:30
  Speaker 1: emotional harm as a result of the commission of a crime.
• 33:34
  Speaker 1: To Department policy the two thousand and five Attorney General
• 33:37
  Speaker 1: Guidelines for Victim and Witness Assistants. In two thousand and five,
• 33:42
  Speaker 1: the Department revised its Guidelines for Victims and Witness Assistance
• 33:45
  Speaker 1: in order to incorporate the provisions of the CVRA. The
• 33:50
  Speaker 1: purpose of the two thousand and five guidelines was to
• 33:52
  Speaker 1: establish guidelines to be followed by officers and employees of
• 33:56
  Speaker 1: Department of Justice investigative, prosecutorial and directional components in the
• 34:01
  Speaker 1: treatment of victims of and witnesses to crime. The relevant
• 34:05
  Speaker 1: portions of the two thousand and five Guidelines are as follows.
• 34:09
  Speaker 1: Article four Services to Victims and witnesses A the investigation stage,
• 34:15
  Speaker 1: The investigative agency's responsibility begins with the report of the
• 34:19
  Speaker 1: crime and extends through the prosecution of the case. In
• 34:23
  Speaker 1: some instances, when explicitly stated, the investigative agency's responsibility for
• 34:28
  Speaker 1: a certain task is transferred to the prosecuting agency when
• 34:31
  Speaker 1: charges are filed. Two. Identification of victims at the earliest
• 34:36
  Speaker 1: opportunity after the detection of a crime, at which it
• 34:39
  Speaker 1: may be done without interfering with an investigation. The responsible
• 34:43
  Speaker 1: official of the investigative agency shall identify the victims of
• 34:47
  Speaker 1: the crime. Three Description of services a information notice and referral.
• 34:53
  Speaker 1: One initial information and notice. Responsible officials must advise a
• 34:58
  Speaker 1: victim pursue it this at the earliest opportunity after detection
• 35:03
  Speaker 1: of a crime at which it may be done without
• 35:05
  Speaker 1: interfering with an investigation. To comply with this requirement, it's
• 35:10
  Speaker 1: recommended that victims be given a printed brochure or card
• 35:14
  Speaker 1: that briefly describes their rights and the available services, identifies
• 35:18
  Speaker 1: the local service providers, and lists the names in telephone
• 35:21
  Speaker 1: numbers of the victim, witness coordinator or specialist, and other
• 35:25
  Speaker 1: key officials. A victim must be informed of a his
• 35:29
  Speaker 1: or her rights as enumerated in US Code eighteen, section
• 35:32
  Speaker 1: thirty seven seventy one a B His or her right
• 35:37
  Speaker 1: entitlement on request to the services listed in US Code
• 35:40
  Speaker 1: forty two, section ten six oh seven c C the name, title, business, address,
• 35:46
  Speaker 1: and telephone number of the responsible official to whom such
• 35:50
  Speaker 1: a request for services should be addressed. D. The place
• 35:54
  Speaker 1: where the victim may receive emergency, medical, or social services. E.
• 35:58
  Speaker 1: The availability of any restitution or other relief, including crime
• 36:02
  Speaker 1: victim compensation programs to which the victim may be entitled
• 36:06
  Speaker 1: under this or any other applicable law, and the manner
• 36:09
  Speaker 1: in which such relief may be obtained. F Public and
• 36:14
  Speaker 1: private programs that are available to provide counseling, treatment, and
• 36:17
  Speaker 1: other support to the victim. I the availability of services
• 36:22
  Speaker 1: for victims of domestic violence, sexual assault, or stalking. J
• 36:26
  Speaker 1: The option of being included in vns K available protections
• 36:31
  Speaker 1: from intimidation and harassment. Three Notice during the investigation. During
• 36:37
  Speaker 1: the investigation of a crime, or responsible official shall provide
• 36:41
  Speaker 1: the victim with the earliest possible notice concerning a the
• 36:44
  Speaker 1: status of the investigation of a crime, to the extent
• 36:47
  Speaker 1: that it is appropriate and will not interfere with the investigation.
• 36:51
  Speaker 1: B the arrest of a suspected offender. B the prosecution stage.
• 36:56
  Speaker 1: The prosecution stage begins when charges are filed. A SA
• 37:00
  Speaker 1: continues through pre sentencing legal proceedings, including appeals and collateral attacks.
• 37:05
  Speaker 1: One Responsible officials for cases in which charges have been instituted,
• 37:10
  Speaker 1: the responsible official in the U S attorney in whose
• 37:13
  Speaker 1: district the prosecution is pending. Two Services to crime victims
• 37:18
  Speaker 1: B Information notice and referrals. One Notice of rights. Officers
• 37:23
  Speaker 1: and employees of the Department of Justice shall make their
• 37:26
  Speaker 1: best efforts to see that crime victims are notified of
• 37:28
  Speaker 1: the rights enumerated in US Code eighteen, Section thirty seven
• 37:33
  Speaker 1: seventy one A. Two Notice of right to seek counsel.
• 37:36
  Speaker 1: The prosecutor shall advise the crime victim that the crime
• 37:39
  Speaker 1: victim can seek the advice of an attorney with respect
• 37:42
  Speaker 1: to the rights described in US Code eighteen, Section thirty
• 37:45
  Speaker 1: seven seventy one A three. Notice of right to attend trial.
• 37:50
  Speaker 1: The responsible official should inform the crime victim about the
• 37:53
  Speaker 1: victim's right to attend the trial, regardless of whether the
• 37:56
  Speaker 1: victim intends to make a statement or present any information
• 37:59
  Speaker 1: about the effect of the crime on the victim during sentencing. Four.
• 38:04
  Speaker 1: Notice of case events during the prosecution of a crime,
• 38:07
  Speaker 1: or responsible official shall provide the victim, using vns, where appropriate,
• 38:12
  Speaker 1: with reasonable notice of a the filing of charges against
• 38:15
  Speaker 1: the suspected offender, b the release or escape of an
• 38:19
  Speaker 1: offender or suspected offender. C the schedule of court proceedings. I.
• 38:24
  Speaker 1: The responsible official shall provide the victim with reasonable, accurate,
• 38:27
  Speaker 1: and timely notice of any public court proceeding or parole
• 38:31
  Speaker 1: proceeding that involves the crime against the victim. In the
• 38:34
  Speaker 1: event of an emergency or other last minute hearing, or
• 38:37
  Speaker 1: change in the time or date of a hearing, the
• 38:39
  Speaker 1: responsible official should consider providing notice by telephone or expedited means.
• 38:45
  Speaker 1: This notification requirement relates to post sentencing proceedings as well. Two.
• 38:50
  Speaker 1: The responsible official shall also give reasonable notice of the
• 38:54
  Speaker 1: scheduling or rescheduling of any of the court proceedings that
• 38:58
  Speaker 1: the victim or witness is requis wired or entitled to attend.
• 39:02
  Speaker 1: D The acceptance of a pleague of guilty or nolo contendre,
• 39:07
  Speaker 1: or the rendering of a verdict after the trial e
• 39:11
  Speaker 1: If the offender is convicted, the sentence and conditions of
• 39:14
  Speaker 1: supervised release, if any, that are imposed. Six referrals once
• 39:20
  Speaker 1: charges or filed. The responsible official shall assist the victim
• 39:23
  Speaker 1: in contacting the person or offices responsible for providing services
• 39:28
  Speaker 1: and relief. C Consultation with government attorney one. In general,
• 39:35
  Speaker 1: a victim has the reasonable right to confer with an
• 39:38
  Speaker 1: attorney for the government. In the case the victim's right
• 39:41
  Speaker 1: to confer, however, shall not be construed to impair prosecutorial discretion.
• 39:46
  Speaker 1: Federal prosecutors should be available to consult with victims about
• 39:49
  Speaker 1: major case decisions, such as dismissals, release of the accused
• 39:53
  Speaker 1: pending judicial proceedings, when such release is for non investigative purposes.
• 39:58
  Speaker 1: PLEA negotiations and pre trial diversion. Because victims are not clients,
• 40:04
  Speaker 1: they may become adverse to the government and may disclose
• 40:07
  Speaker 1: whatever they have learned from consulting with prosecutors, and such
• 40:11
  Speaker 1: consultations may be limited to gathering information from victims and
• 40:15
  Speaker 1: conveying only nonsensitive data and public information. Consultations should comply
• 40:20
  Speaker 1: with the prosecutor's obligations under applicable rules of professional conduct.
• 40:25
  Speaker 1: Representatives of the Department should take care to inform victims
• 40:29
  Speaker 1: that neither the Department's advocacy for victims, nor any of
• 40:32
  Speaker 1: the other effort that the Department may make on their behalf,
• 40:35
  Speaker 1: constitutes or creates an attorney client relationship between such victims
• 40:39
  Speaker 1: and the lawyers for the government. Department personnel should not
• 40:43
  Speaker 1: provide legal advice to victims. Two prosecutor availability. Prosecutors should
• 40:48
  Speaker 1: be reasonably available to consult with victims regarding significant adversities
• 40:53
  Speaker 1: they may suffer as a result of delays and prosecution
• 40:55
  Speaker 1: of the case, and should, at the appropriate time inform
• 40:59
  Speaker 1: the court of the reasonable concerns that may have been
• 41:02
  Speaker 1: conveyed to the prosecutor. Three proposed plea agreements. Responsible officials
• 41:07
  Speaker 1: should make reasonable efforts to notify identified victims regarding significant
• 41:11
  Speaker 1: adversities they may suffer as a result of delays in
• 41:14
  Speaker 1: the prosecution of the case, and should, at the appropriate
• 41:17
  Speaker 1: time inform the court of the reasonable concerns that have
• 41:20
  Speaker 1: been conveyed to the prosecutor three proposed plea agreements. Responsible
• 41:25
  Speaker 1: officials should make reasonable efforts to notify identified victims of
• 41:29
  Speaker 1: and consider victims views about prospective plea negotiations. In determining
• 41:34
  Speaker 1: what is reasonable, the responsible officials should consider factors relevant
• 41:38
  Speaker 1: to the wisdom and practicality of giving notice and considering
• 41:42
  Speaker 1: views in the context of the particular case, including, but
• 41:45
  Speaker 1: not limited to, the following factors. A the impact on
• 41:49
  Speaker 1: public safety and risks to personnel safety. B the number
• 41:53
  Speaker 1: of victims. C Whether time is of the essence in
• 41:56
  Speaker 1: negotiating or entering a proposed plea, D, whether the proposed
• 42:01
  Speaker 1: plea involves confidential information or conditions E, Whether there is
• 42:05
  Speaker 1: another need for confidentiality, f whether the victim is a
• 42:09
  Speaker 1: possible witness in the case, and the effect that relaying
• 42:12
  Speaker 1: any information may have on the defendant's right to a
• 42:16
  Speaker 1: fair trial. All right, we're going to wrap up this
• 42:18
  Speaker 1: episode here and in the next episode, we're gonna pick
• 42:21
  Speaker 1: up with Section three Florida Rules of Professional Conduct. All
• 42:25
  Speaker 1: of the information that goes with this episode can be
• 42:28
  Speaker 1: found in the description box.