EFTA00014077.pdf
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 08-80736-CIV-MARRA/JOHNSON
IN RE: JANE DOE,
Petitioner.
GOVERNMENT'S RESPONSE TO VICTIM'S EMERGENCY PETITION
FOR ENFORCEMENT OF CRIME VICTIM RIGHTS ACT, 18 U.S.C. § 3771
The United States of America, by and through its undersigned counsel, files its Response to Victim's
Emergency Petition for Enforcement of Victim Rights Act, 18 U.S.C. § 3771, and states:
I. THERE IS NO "COURT PROCEEDING" UNDER 18 U.S.C. § 3771(b)
Petitioner complains that she has been denied her rights under the Crime Victims Rights Act, 18 U.S.C. §
3771. In the emergency petition filed by the victim, she alleges the Government has denied her rights since she
has received no consultation with the attorney for the government regarding possible disposition of the charges
(18 U.S.C. § 3771(a)(5)); no notice of any public court proceedings (18 U.S.C. § 3771(a)(2)); no information
regarding her right to restitution (18 U.S.C. § 3771(a)(6)); and no notice of rights under the Crime Victim Rights
Act (CVRA). Emergency Petition, ¶ 5.
The instant case is unique in several respects. First, in 2006, Jeffrey Epstein was charged with felony
solicitation of prostitution in the Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County, Florida.
This charge was based upon the offenses alleged in paragraph 1 of the petition. Second, while Epstein has
been under federal investigation, he has not been charged in the Southern District of Florida.
Title 18, U.S.C., section 3771(b)(1) provides in pertinent part that, "[ijn any court proceeding involving
an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in
subsection (a)."
There is no "court proceeding" in the instant case since Epstein has not been charged with
violation of any federal statute. No federal grand jury indictment has been returned, no has any criminal
information been filed.
In her memorandum…
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