Epstein Secrets

. 6! Section 30A(£)(3)(B) of the Exchange Act, 15 US.C. § 78dd-1(f)(3) (B); 15 US.C. §§ 78dd-2(h) (4) (B), 78dd-3(F)(4)(B). 182 Ty a 2004 decision, the Fifth Circuit emphasized this precise point, commenting on the limited nature of the facilitating payments exception: A brief review of the types of routine govern

tions of the opinion before it is publicly released. 28 CER. § 80.14(c). 41898 CER. § 80.16. 120 HOUSE_OVERSIGHT_022622 FCPA Unit Fraud Section, Criminal Division U.S. Department of Justice 1400 New York Avenue, N.W. Washington, DC 20005 http://www.justice.gov/criminal/fraud/fcpa/ FCPA Unit Enforcement Divis

, 2005 WL 2875220, at 4 (E.D.N.Y. Sept. 7, 2005); Criminal Division's Victim Notification Program, U.S. Dep't of Justic

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

rorism cases to large numbers of victims. See, e.g., United States v. Ingrassia, No. CR-04-0455ADSJO, 2005 WL 2875220, at 4 (E.D.N.Y. Sept. 7, 2005); Criminal Division's Victim Notification Program, U.S. Dep't of Justice, hittp://goo.gl/6H6IEk (last visited Dec. 4, 2013). 201 527 F.3d 391 (Sth Cir. 2008). DAVID SCHO

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

orism cases to large numbers of victims. See, e.g., United States v. Ingrassia, No. CR-04-0455ADSJO, 2005 WL 2875220, at *4 (E.D.N.Y. Sept. 7, 2005); Criminal Division’s Victim Notification Program, U.S. DEP’T OF Justice, http://goo.gl/6H6IEk (last visited Dec. 4, 2013). HOUSE_OVERSIGHT_014073 --- PAGE BREAK --- 20

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

rime victims rights representative. See CVRA Subcommittee Memo, supra note 66, at 1 (noting that Deborah Rhodes, Counselor to the Asst. Atty. Gen. of the Criminal Division, served on the subcommittee drafting this language). 416 At another point in its memorandum, the CVRA Subcommittee refers to /8 U.S.C. § 3771(d)(6),