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of a public court proceeding or the right to restitution. In her memorandum, petitioner relies upon In Re Dean, 527 F.3d 391 (5th Cir. 2008), where the Fifth Circuit held that the CVRA required the government to "confer in some reasonable way with the victims before ultimately exercising its broad discretion." Id
g its broad discretion." Id. at 395. In Dean, the government sought and obtained an ex parte 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
tifiable victims and afford the victims of the rights set forth in the CVRA, prior to the actual entry of the guilty plea. Id. at 393. Ultimately, the Fifth Circuit found the district court erred in entering its ex parte order because the fewer than 200 victims "could be easily reached." Id. at 394-95. Additiona
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
of a public court proceeding or the right to restitution. In her memorandum, petitioner relies upon In Re Dean, 527 F.3d 391 (5th Cir. 2008), where the Fifth Circuit held that the CVRA required the government to "confer in some reasonable way with the victims before ultimately exercising its broad discretion." Id
g its broad discretion." Id. at 395. In Dean, the government sought and obtained an ex parte 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
tifiable victims and afford the victims of the rights set forth in the CVRA, prior to the actual entry of the guilty plea. Id. at 393. Ultimately, the Fifth Circuit found the district court erred in entering its ex parte order because the fewer than 200 victims "could be easily reached." Id. at 394-95. Additiona
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
e Constitution. Even in the case of In re Dean, 527 F.3d 391 (5th Cir. 2008), upon which the plaintiffs rely, the district court, after remand from the Fifth Circuit, denied the motion of the victims to invalidate the defendant's plea agreement as a remedy for the claimed violation of the Crime Victims' Rights A
ictims a right to approve or disapprove a proposed plea in advance or to participate in plea negotiations." In re Dean on remand as United States'. BP Products North America, Mc., 610 F. Supp. 2d 655, 727 (S.D. Tex. 2009). Instead, "[t]he purpose of the reasonable right to confer is for victims to provide information to
of a public court proceeding or the right to restitution. In her memorandum, petitioner relies upon In Re Dean, 527 F.3d 391 (5th Or. 2008), where the Fifth Circuit held that the CVRA required the government to "confer in some reasonable way with the victims before ultimately exercising its broad discretion." a
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
of a public court proceeding or the right to restitution. In her memorandum, petitioner relics upon In Re Dean, 527 F.3d 391 (5th Cir. 2008), where the Fifth Circuit held that the CVRA required the government to "confer in some reasonable way with the victims before ultimately exercising its broad discretion." Id
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
ntifiable victims and afford the victims of the rights set forth in the CVRA, prior to the actual entry of the guilty plea. Id at 393. Ultimately, the Fifth Circuit found the district court erred in entering its ex pane order because the fewer than 200 victims "could be easily reached." Id. at 394-95. Additional
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
eached. In rejecting the Department’s posi- tion, the Fifth Circuit held that “the govern- ment should have fashioned
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
Page: HOUSE_OVERSIGHT_012720 →Entities connected to both the Fifth Circuit and BP Products North America

Jeffrey Epstein
PERSONJane Doe
PERSON
United States
LOCATION
Scarlett Johansson
PERSON
Bradley Edwards
PERSON
Kenneth Marra
PERSON
Department of Justice
ORGANIZATIONthe Eleventh Circuit
ORGANIZATIONLeon Black
PERSON
Paul Cassell
PERSONthe Southern District
LOCATION
George W. Bush
PERSONFBI
ORGANIZATIONJames Eisenberg
PERSON
Supreme Court
ORGANIZATION
Alexander Acosta
PERSON
Harvey Weinstein
PERSONSecond Circuit
ORGANIZATION
A. Marie Villafana
PERSONAguirre-Gonzalez
PERSON