Epstein Secrets

ly compromising its ability to be impartial to the government and defendant, the only true parties to the trial of the indictment" United States v. Rubin, 558 F. Supp. 2d 411, 428 (E.D.N.Y. 2008). 4 EFTA00230133 1 .i i r- ate': , Case 9:08-cv-80736-KAM Document 58 Entered on FLSD Docket 04/07/2011

to provide information supporting whatever claim a victim may wish to assert in a motion for relief under section 3771(d)(3). In United States v. Rubin, 558 F.Supp.2d 411 (ED.N.Y. 2008), an alleged victim of a stock swindle claimed the right to confer in section 3771(aX5) included a right to obtain

does not authorize an unbridled gallop to any and all information in the government's files." 558 F.Supp.2d at 425. Similarly, in United States v. Coxton, 598 F.Supp.2d 737 (W.D.N.C. 2009), several crime victims invoked the. CVRA in at attempt to obtain portions of the pit-sentence investigation repo

rejected claims by victims that one or more of the rights in section 3771(a) create a right of access to information in the government's possession; Coxton (no right 4 EFTA00230167 Case 9:08-cv-80736-KAM Document 59 Entered on FLSD Docket 04/07/2011 Page 5 of 9 to PSR); Kenna (same); and Sacane (no

ion of information, because the necessary information had apparently been produced. The Government actions in this case are a far cry from those in Rubin. Rather than providing the victims with material information (or even summaries of that information), the Government has simply stonewalled. The Co

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 case." Id. at 425. The district co

victims cannot review the PSR is that the PSR is already reviewed by the Court. Thus, in the first PSR case cited by the Government, United States. Coxton, 598 F.Supp.2d 737 (W.D.N.C. 2009), the Court declined to disclose PSR information to the victims because "[n]othing in the PSR enhances or changes

)(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

ctims cannot review the PSR is that the PSR is already reviewed by the Court. Thus, in the first PSR case cited by the Government, United States v. Coxton, 598 F.Supp.2d 737 (W.D.N.C. 2009), the Court declined to disclose PSR information to the victims because "[n]othing in the PSR enhances or changes

ly compromising its ability to be impartial to the government and defendant, the only true parties to the trial of the indictment." United States'. Rubin, 558 F. Supp. 2d 411, 428 (E.D.N.Y. 2008). 4 EFTA00177118 Case 9:08-cv-80736-KAM Document 58 Entered on FLSD Docket 04/07/2011 Page 5 of 15 crim

rejected claims by victims that one or more of the rights in section 3771(a) create a right of access to information in the government's possession; Coxton (no right 4 EFTA00177150 Case 9:08-cv-80736-KAM Document 59 Entered on FLSD Docket 04/07/2011 Page 5 of 9 to PSR); Kenna (same); and Sacane (no

, dots not authorize an unbridled gallop to any and all information in the government's files." 558 F.Supp.2d at 425. Similarly, in United States'. Coxton, 598 F.Supp.2d 737 (W.D.N.C. 2009), several crime victims invoked the CVRA in at attempt to obtain portions of the pre-sentence investigation repor

lly compromising its ability to be impartial to the government and defendant, the only true parties to the trial of the indictment" United States'. Rubin, 558 F. Supp. 2d 411, 428 (E.D.N.Y. 2008). 4 08-80736-CV-MARRA 000887 EFTA00230711 1 .i i r- ate': , Case 9:08-cv-80736-KAM Document 58 Entere

ided ample information concerning the applicable Sentencing Guidelines and other issues related to the defendants' sentencing. The district court in Coxton found that the victims in that case were present during trial and continued to enjoy access to the United States Attorney's Office. Id. at 740. Th

rejected claims by victims that one or more of the rights in section 3771(a) create a right of access to information in the government's possession; Coxton (no right 4 08-80736-CV-MARRA 000921 EFTA00230745 Case 9:08-cv-80736-KAM Document 59 Entered on FLSD Docket 04/07/2011 Page 5 of 9 to PSR); Ke