Epstein Secrets

DEAR ATTORNEY GENERAL HOLDER: I am writing about the Justice Department’s im- plementation of the Crime Victims’ Rights Act

was an obligation of “Colfficers and employees of the Department of Justice and other departments and agen- cies of the Unite

ion that crime victims had no right to confer with prosecutors until after the Department had reached and signed a plea agreement with a corporation (BP Products North America) whose illegal actions had resulted in the deaths of fifteen workers in an oil refinery explosion. Of course, this position meant that the victims co

ent 85-1 Entered on FLSD Docket 06/17/2011 Page 3 of 4 S3608 U.S. SENATE, Washington, DC, June 6, 2011. Hon. ERIC H. HOLDER, Jr., Attorney General; U.S. Department of Justice, Washington, DC. DEAR ATTORNEY GENERAL HOLDER: I am writing about the Justice Department’s im- plementation of the Crime Victims’ Rights Act--an act

ne 6, 2011. Hon. ERIC H. HOLDER, Jr., Attorney General; U.S. Department of Justice, Washington, DC. DEAR ATTORNEY GENERAL HOLDER: I am writing about the Justice Department’s im- plementation of the Crime Victims’ Rights Act--an act that I co-sponsored in 2004. These questions relate to an Office of Legal Counsel (“OLC’’?)

ess could not have been clearer in its direction that using ‘“‘best efforts’’ to en- force the CVRA was an obligation of “Colfficers and employees of the Department of Justice and other departments and agen- cies of the United States engaged in the de- tection, investigation, or prosecution of crime . .? 18 U.S.C. §8771(c)

ment deemed was a "reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings." United States v. BP Products North America, Inc., 2008 WL 501321 (S.D.Tex. Feb. 21, 2008) at " 2. The government announced to the court 29 EFTA00230094 Case 9:08-cv-80736-KAM Document 62

in Plaintiff's Motion for Finding of Violations of the Crime Victims' Rights Act (the "Motion") [DE 48]. I In the context of a motion alleging that the U.S. Department of Justice violated Plaintiff's rights under the Crime Victims Rights Act, Plaintiffs make irrelevant and gratuitous accusations that Movant violated unspecif

n should object to the award of the contract, she is directing her communication to a Department of State employee in his capacity as an employee of the Department of State. Example 4 to paragraph (0: A Federal Communications Commission (FCC) employee participated in a proceeding to review the renewal of a license for

hts under the Crime Victims Rights Act, Plaintiffs make irrelevant and gratuitous accusations that Movant violated unspecified Florida Bar rules and Department of Justice regulations. Movant should be granted leave to intervene to rebut these false allegations, and to seek sanctions. Alternatively, the Court on its ow

to defer prosecution in favor of prosecution by the State of Florida. Nonetheless, during its investigation, the agents and AUSA, in compliance with the Justice Department's guidelines on working with victims and witnesses, went above and beyond the legal minimum requirements and provided information and assistance prior

f one of its regulations is unsuitable for judicial review, despite the existence of the Administrative Procedures Act ("APA"), like, in this case, the Justice Department's regulations on victim consultations." See id at 831; see also American Disabled for Attendant Programs Today v. United States Dep't of Housing and

that crime victims had no right to confer with prosecutors until after the Department had reached and signed a plea agreement with a corporation (BP Products North America) whose illegal actions had resulted in the deaths of fifteen workers in an oil refinery explosion. Of course, this position meant that the victim

the CVFL4. If CVRA rights attach (as the De- partment seems to think) only after the Ina of a grand jury indictment. Courts have already rejected the Justice Department's position that. the CVRA ap- plies only after an Indictment is Med. For example, In In re Dean. 627 F.3d 391 (6th Clr. 2008). the Department took th

08 CONGRESSIONAL RECORD-SENATE Page 3 of 4 June 8, 2011 U.S. SENATE. Washington, DC. June 6. 201l. Hon. ERIC H. HOLDER, Jr.. Attorney General. U.S. Department of Justice. Washington. DC. DEAR ATTORNEY GithiateL animate I am writing about the Justice Department's im• plementation of the Crime VMUms' Rights Act, a

ng its broad discretion." Id. at 395. In Dean, the government sought and obtained an ex pane order permitting it to negotiate a plea agreement with BP Products North America, without first consulting with the victims, individuals injured and survivors of those killed in a refinery explosion. A plea agreement was ultimat

ave any concerns in this regard, please feel free to contact me or Special Agentj fronrthe Federal Bureau of Investigation You also can contact the Justice Department's Office for Victims of Crime in Washington, D.C. That Office has a website at www.ovc.gov. You can seek the advice of an attorney with respect to t

ings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. f Members of the U.S. DepartMent of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights

ment deemed was a "reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings." United States v. BP Products North America, Inc., 2008 WL 501321 (S.D.Tex. Feb. 21, 2008) at * 2. The government announced to the court 29 Respondent's Exhibit A Case No. 08-80736-CIV-MARR

ims Rights Act (CVRA). Whether the government had a legal duty under § 3771(a) is not resolved with reference to the position taken by employees of the Department of Justice (DOJ) in letters to the petitioners, or the defense attorneys representing Jeffrey Epstein. Nor are the subjective beliefs of DOJ employees relevant

to defer prosecution in favor of prosecution by the State of Florida. Nonetheless, during its investigation, the agents and AUSA, in compliance with the Justice Department's guidelines on working with victims and witnesses, went above and beyond the legal minimum requirements and provided information and assistance prior

ment deemed was a "reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings." United States v. BP Products North America, Inc., 2008 WL 501321 (S.D.Tex. Feb. 21, 2008) at * 2. The government announced to the court 29 EFTA00078863 Case 9:08-cv-80736-KAM Document 62

ims Rights Act (CVRA). Whether the government had a legal duty under § 3771(a) is not resolved with reference to the position taken by employees of the Department of Justice (DOJ) in letters to the petitioners, or the defense attorneys representing Jeffrey Epstein. Nor are the subjective beliefs of DOJ employees relevant

to defer prosecution in favor of prosecution by the State of Florida. Nonetheless, during its investigation, the agents and AUSA, in compliance with the Justice Department's guidelines on working with victims and witnesses, went above and beyond the legal minimum requirements and provided information and assistance prior

ng its broad discretion." Id. at 395. In Dean, the government sought and obtained an gh pane order permitting it to negotiate a plea agreement with BP Products North America, without first consulting with the victims, individuals injured and survivors of those killed in a refinery explosion. A plea agreement was ultimat

ings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. ( Members of the U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights

to contact me at 561 209-1047, or Special Agent Nesbitt Kuyticendall frowthe Federal Bureau of Investigation al 561 822.5946. You also. can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202-307-5983. That Office has a website at www.ovc.gov. .„ You can seek the advice of an attorn

sing its broad discretion." a at 395. In pear, the government sought and obtained an eK pane order permitting it to negotiate a plea agreement with BP Products North America, without first consulting with the victims, individuals injured and survivors of those killed in a refinery explosion. A plea agreement was ultimat

is regard, please feel free to contact me at II , or Special Agent from•the Federal Bureau of Investigation at 561 822-5946. You also can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202.307-5983. That Office has a website at www.ove.gov. You can seek the advice of an attorney w

: Thus, while FOIA may provide an independent cause of action insofar as the document in dispute is also in the custody of a federal agency, i.e., the Department of Justice, it cannot be said to displace and supplant a state statute directed at state agencies and state records. (Hoeveler Order at p. 12.) DER's relianc

Movants rely on a decision from the Southern District of Texas for the notion that CVRA rights apply prior to any prosecution. In United States v. BP Products North America, Inc., the district court reasoned that because § 3771(d)(3) provided for the assertion of CVRA rights "in the district court in which a defendant

Justice Department stopped making victim notifications because of U.S. Attorney's Correspondence at 270 (emphasis added). It was a deviation from the Justice Department's standard practice to negotiate with defense counsel about the extent of crime victim notifications. 30. The December 13, 2007, letter also demonstr

prelude to the full unfettered exercise of their conferral rights at a time that will enable the victims to exercise those rights meaningfully. See BP Products North America, supra at *14 ("Section 3771(c)(1) requires government officials to use best efforts to give victims notice of their rights under subsection (1), i

fied. The court will not embrace such a strained construction of the statute. 5 The government acknowledges that the USAO/SDFL has been recused by the Department of Justice for prospective responsibility of any further criminal investigation or potential prosecution of Epstein relating to his alleged sexual activities w