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)(4)." United States v. Okun, 2009 WL 790042 at *2 (E.D.Va. 2009). Still another decision at odds with the Government's position is United States v. Rubin, 2008 WL 2358591 (E.D.N.Y. 2008). This decision is instructive because it not only explains that victims have rights before the formal filing of ch
411 (E.D.N.Y. 2008)— specifically contradicts the Government's position that victims are not entitled to obtain information from the Government. In Rubin, crime victims argued that "the government has not provided information with which to pursue restitution in this ease." Id. at 425. The district co
atute in favor of interpretations that promote victims' interest in fairness, respect, and dignity." 2008 WL 501321 at *15; accord United States v. Heaton, 458 F.Supp.2d 1271, 1272 (D. Utah 2006). 9 EFTA00178065 Case 9:08-cv-80736-KAM Document 77 Entered on FLSD Docket 05/02/2011 Page 10 of 29 att
Article: Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute
respect for [his or her] dignity and privacy,’ ... may apply before any prosecution is underway" (quoting /8 U.S.C. § 377I(a))); cf. United States v. Rubin, 558 F. Supp. 2d 411, 419 (E.D.N.Y. 2008) (assuming without deciding that some federal victim rights may apply before any prosecution is under way, b
Page: HOUSE_OVERSIGHT_016535 →arges are filed). Another district court refused prosecutors' request to dismiss charges before the prosecutor consulted the victim. United States v. Heaton 458 F. Supp. 2d 1271, 1272 (D. Utah 2006) (citing victim's right under 78 U.S.C. § 3771](a)(8) "to be treated with fairness and with respect for [her
Page: HOUSE_OVERSIGHT_016535 →71(a)(4)." United States. Okun, 2009 WL 790042 at *2 (E.D.Va. 2009). Still another decision at odds with the Government's position is United States' Rubin, 2008 WL 2358591 (E.D.N.Y. 2008). This decision is instructive because it not only explains that victims have rights before the formal filing of ch
statute in favor of interpretations that promote victims' interest in fairness, respect, and dignity." 2008 WL 501321 at *15; accord United States. Heaton, 458 F.Supp.2d 1271, 1272 (D. Utah 2006). 9 EFTA00207992 Case 9:08-cv-80736-KAM Document 77 Entered on FLSD Docket 05/02/2011 Page 10 of 29 att
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