Epstein Secrets

eached. In rejecting the Department’s posi- tion, the Fifth Circuit held that “the govern- ment should have fashioned

entitled to reg- ular appellate review. See In re W.R. Huff Asset Mgmt. Co., 409 F.3d 555, 562 (2d Cir. 2005); Kenna v. U

victims.” The victims sought appellate review in the Fifth Circuit.°’ There, the court concurred with the district c

Td. at *2. '2 Td. (However, ‘the CVRA does not grant victims any rights against individuals who have not been convicted of a crime.”” (quoting In re W.R. Huff Asset Mgmt. Co., 409 F.3d 555, 564 (2d Cir. 2005))). '3 Of course, a defendant cannot be ordered to pay restitution as part of his sentence until he has been found

before charges have been filed, courts have uniformly agreed with the victims’ position. Perhaps the leading case to date to assess this question is the Fifth Circuit's decision in In re Dean. °° There, a wealthy corporate criminal defendant reached a generous plea deal with the Government - a deal that the Governmen

27, 2007). ' Td. at 2. at 2 Id. ("However, "the CVRA does not grant victims any rights against individuals who have not been convicted of a crime. W.R. Huff Asset Mgmt. Co., 409 F.3d 555, 564 (2d Cir. 2005))). (quoting Jn re 3 Of course, a defendant cannot be ordered to pay restitution as part of his sentence until he

participants in the criminal justice process. As the Fifth Circuit explained in reversing a trial court which had al

harged crimes, it is also obvious that "the CVRA does not grant victims any rights against individuals who have not been convicted of a crime." Jn re W.R. Huff Asset Mgmt. Co., 409 F.3d 555, 564 (2d Cir. 2005) (emphasis added); accord Searcy v. Skinner, No. 6:06-1418-GRA-WMC, 2006 WL 1677177, at 2 (D.S.C. June 16, 2006). Li