Epstein Secrets

RA rights to confer and fairness in cases involving white- collar and other wealthy defendants who commonly engage in pro-charge plea negotiations. Jeffrey Epstein's case illustrates my point. The U.S. Attorney's Office assigned specific attorneys, with AUSA Villafana being the lead prosecutor and primary attorn

rey Epstein. In her petition, Ms. Wild alleges that when federal prosecutors secretly negotiated and entered into a non- prosecution agreement with Epstein in 2007, they violated her rights under the CVRA—in particular, her rights to confer with the government's lawyers and to be treated fairly by the

ized by notorious sex trafficker and child abuser Jeffrey Epstein. In her petition, Ms. Wild alleges that

t resolves the federal investigation by allowing Mr. Epstein to plead to a state offense. The victims identif

re Acker, 596 F.3d 370, 373 (6th Cir. 2010). The district courts that have considered the question are divided. Compare, e.g., 1' United States it Oakum, No. 3:08CR132, 2009 WL 790042, at *2 (E.D. Va. Mar. 24, 2009) (holding that CVRA rights can attach prior to the commencement of criminal proceedi

GING RIGHTS ATTACH UNDER THE CVRA ............... 90 A. A Test for Determining When Rights Attach.......0...000ccceeee 9] B. Applying the Test to the Epstein Case ..........ccccccceccccceceeeneees 93 C. Current Department Policy on Pre-charging Rights.................... 94 D. State Law Extension of Pre-ch

ll phases of the criminal justice process.° Congress drafted the CVRA, for example, broadly to make crime victims participants in criminal cases. The Jeffrey Epstein sex abuse case demonstrates the importance of victim participation even before charges are filed. A. A BRIEF HISTORY OF CRIME VICTIMS’ RIGHTS The c

fore charges were filed but were subject to the outer limit that the Government has at least “contemplated” charges.” Similarly, in United States v. Oakum,” the District Court for the Easter District of Virginia considered a claim that CVRA nghts did not apply until after a defendant had been convicted.

for crime victims has arisen - specifically, the Jeffrey Epstein sex abuse case before a federal court in Florida. In that case, girls victimized by Epstein have argued that they should have been consulted about a federal nonprosecution agreement; Department attorneys have responded that because prosecuto

Congress sought to end that suffering by making victims meaningful participants in criminal cases. 3° C. AN ILLUSTRATION OF THE PRE-CHARGING ISSUE: THE JEFFREY EPSTEIN CASE Grven the potentially expansive scope of victims' rights under both state provisions and the CVRA, a critical question arises about how to appl

re charges were filed but were subject to the outer limit that the Government has at least "contemplated" charges. 7! Similarly, in United States v. Oakum, ” the District Court for the Eastern District of Virginia considered a claim that CVRA rights did not apply until after a defendant had been convict