EFTA00029443.pdf

Type: pdf
Source set: data-set-8
Extracted text

From: 
To: 
Subject: FW: Victims' Rights 
Date: Fri, 22 Feb 2019 23:59:24 +0000 
Importance: Normal 
Attachments: Epstein_OpinioniCVRAU2019-02-21).pdf 
From: 
Sent: Friday, February 22, 2019 2:29 PM 
To: 
Cc: 
Subject: Victims' Rights 
As a reminder, the Crime Victims' Rights Act applies in many if not most of our cases. 
We most often deal with the CVRA by making sure that victims know about court appearances and are allowed to be 
heard at sentencing, but the CVRA also provides inter alia, that victims have "(t]he right to be informed in a timely 
manner of any plea bargain or deferred prosecution agreement." 18 U.S.C. § 3771(a)(9). 
In the attached opinion, a district judge in Miami found that victims' rights were violated when the U.S. Attorney's Office 
entered into a non-prosecution agreement without notifying them. (See pp. 25, et seq.) 
This case is outside our Circuit, involved some unusual facts — including, arguably, actual deception of the victims, rather 
than mere failure to notify — and it does not order a remedy. 
That said, it is a case of some notoriety (Jeffrey Epstein's trafficking and sexual abuse of minors), so it is getting press 
attention and is likely to be on the minds of our judges. Please be mindful of the CVRA as you negotiate pleas, and talk to 
your supervisors about whether, how and when to inform victims. They don't get to determine how we dispose of cases, 
but they're generally entitled to notice. 
Thanks, 
Assistant U.S. Attorney 
Deputy Chief, Criminal Division 
Eastern District of New York 
Brooklyn, NY 11201 
EFTA00029443
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