Epstein Secrets

dure do not allow them to intervene as parties to a prosecution." In re Amy Unknown, F.3d 2011 WL 988882 at *2 (5th Cir. Mar. 22, 2011). See also United Stases' Aguirre-Gonzalez, 597 F.3d 46, *Fed. R. Crim. P. 60 was adopted on April 23, 2008 and made effective on December 1, 2008. While this was after most

3/21/2011 Page 1 of 42 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOE #1 and JANE DOE #2 I. UNITED STATES I JANE DOE #1 AND JANE DOE #2'S MOTION FOR FINDING OF VIOLATIONS OF THE CRIME VICTIMS' RIGHTS ACT AND REQUEST FOR A HEARING ON APPROPRIATE REMEDI

he agreement secret. In particular, the agreement stated: "The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstei

d the government. 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' BP Products North America, Inc., the district court reasoned that because § 3771(d)(3) provided for the assertion of CVRA rights "in the district c

of 54 LI Li Li as they are commonly and ordinarily understood," and reads the statute to give full effect to each of its provisions. United States' DBB, Inc., 180 F.3d 1277, 1281(I Cir. 1999), citing United States' Mctymont, 45 F3d 400, 401 (11th Cir. 1995). Section 3771(aX5) grants a crime victim the r

employee as the source of the information. (2) Appearance. A former employee makes an appearance when he is physically present before an employee of the United Slates, in either a formal or informal setting. Although an appearance also may be accompanied by certain communications, an appearance need not involve an

id not participate as a Government employee. Example 7 to paragraph (hX2): An employee of the Department of State participated in the development of the United States' position with respect to a proposed treaty with a foreign government concerning transfer of ownership with respect to a parcel of real property and

esolving prisoner disputes. Construing the CVRA in the way that "See 18 U.S.C. § 113 (assault within territorial jurisdiction of the United States); United States. Anderson, 528 F.2d 590, 591 (5th Cir. 1976) (in prosecution for assault with intent to commit murder within territorial jurisdiction of United Stat

1 Page 9 of 54 as they are commonly and ordinarily understood," and reads the statute to give full effect to each of its provisions. United States' DBB, Inc., 180 F.3d 1277, 1281 (11th Cir. 1999), citing United States,. McLymont, 45 F3d 400, 401(11° Cir. 1995). Section 3771(aX5) grants a crime victim the

We do not look at one word or term in isolation, but instead we look to the entire statutory context.") (citation omitted). The Court also rejects the United States' argument that pre-charge CVRA rights could impair prosecutorial discretion and decision-making. Any encroachment into the prosecutors' discretion i

of a plea bargain. Id. at 394 (internal citation and quotation marks omitted). Federal district courts have reached similar conclusions. See, e.g., United States'. Rubin, 558 F. Supp. 2d 411, 417 n.5 (E.D.N.Y. 2008) (discussing victims' "ability to seek pre-prosecution relief' under the CVRA); United States..

Case 9:08-cv-80736-KAM Document 99 Entered on FLSD Docket 09/26/2011 Page 10 of 14 rights even if "no prosecution is underway." See United States.. DBB, Inc., 180 F.3d 1277, 1281 (11ih Cir. 1999) ("[W]e read the statute to give full effect to each of its provisions. We do not look at one word or term in

We do not look at one word or term in isolation, but instead we look to the entire statutory context.") (citation omitted). The Court also rejects the United States' argument that pre-charge CVRA rights could impair prosecutorial discretion and decision-making. Any encroachment into the prosecutors' discretion i

of a plea bargain. Id. at 394 (internal citation and quotation marks omitted). Federal district courts have reached similar conclusions. See, e.g., United States'. Rubin, 558 F. Supp. 2d 411, 417 n.5 (E.D.N.Y. 2008) (discussing victims' "ability to seek pre-prosecution relief' under the CVRA); United States..

Case 9:08-cv-80736-KAM Document 99 Entered on FLSD Docket 09/26/2011 Page 10 of 14 rights even if "no prosecution is underway." See United States.. DBB, Inc., 180 F.3d 1277, 1281 (11ih Cir. 1999) ("[W]e read the statute to give full effect to each of its provisions. We do not look at one word or term in

We do not look at one word or term in isolation, but instead we look to the entire statutory context.") (citation omitted). The Court also rejects the United States' argument that pre-charge CVRA rights could impair prosecutorial discretion and decision-making. Any encroachment into the prosecutors' discretion i

of a plea bargain. Id. at 394 (internal citation and quotation marks omitted). Federal district courts have reached similar conclusions. See, e.g., United States'. Rubin, 558 F. Supp. 2d 411, 417 n.5 (E.D.N.Y. 2008) (discussing victims' "ability to seek pre-prosecution relief' under the CVRA); United States..

Case 9:08-cv-80736-KAM Document 99 Entered on FLSD Docket 09/26/2011 Page 10 of 14 rights even if "no prosecution is underway." See United States.. DBB, Inc., 180 F.3d 1277, 1281 (11ih Cir. 1999) ("[W]e read the statute to give full effect to each of its provisions. We do not look at one word or term in