What is document EFTA00029443?

This is an internal email from the U.S. Attorney's Office for the Eastern District of New York, sent on February 22, 2019, from a Deputy Chief of the Criminal Division to colleagues. It circulates Judge Kenneth Marra's February 21, 2019 ruling and warns prosecutors about their obligations under the Crime Victims' Rights Act.

Who is mentioned in this document?

The document mentions Jeffrey Epstein by name in the context of his 'trafficking and sexual abuse of minors' case. It was written by an Assistant U.S. Attorney who serves as Deputy Chief of the Criminal Division in the Eastern District of New York. The sender and recipient names are redacted.

What does this document reveal?

The document reveals how the DOJ responded internally to the Epstein victims' rights ruling. It shows prosecutors were immediately alerted to the decision and its implications, with explicit instructions to be mindful of victim notification requirements when negotiating pleas. It also shows the DOJ acknowledged the case's notoriety and expected it would influence judges' expectations going forward.

What was the Judge Marra ruling about?

Judge Kenneth Marra ruled on February 21, 2019 that the U.S. Attorney's Office in Miami violated the Crime Victims' Rights Act when it secretly entered a non-prosecution agreement with Jeffrey Epstein in 2007 without notifying his victims. The 33-page opinion found prosecutors 'actually deceived' victims by sending letters requesting patience while concealing that a deal had already been reached.

What is document EFTA00029443?

This is an internal email from the U.S. Attorney's Office for the Eastern District of New York, sent on February 22, 2019, from a Deputy Chief of the Criminal Division to colleagues. It circulates Judge Kenneth Marra's February 21, 2019 ruling and warns prosecutors about their obligations under the Crime Victims' Rights Act.

Who is mentioned in this document?

The document mentions Jeffrey Epstein by name in the context of his 'trafficking and sexual abuse of minors' case. It was written by an Assistant U.S. Attorney who serves as Deputy Chief of the Criminal Division in the Eastern District of New York. The sender and recipient names are redacted.

What does this document reveal?

The document reveals how the DOJ responded internally to the Epstein victims' rights ruling. It shows prosecutors were immediately alerted to the decision and its implications, with explicit instructions to be mindful of victim notification requirements when negotiating pleas. It also shows the DOJ acknowledged the case's notoriety and expected it would influence judges' expectations going forward.

What was the Judge Marra ruling about?

Judge Kenneth Marra ruled on February 21, 2019 that the U.S. Attorney's Office in Miami violated the Crime Victims' Rights Act when it secretly entered a non-prosecution agreement with Jeffrey Epstein in 2007 without notifying his victims. The 33-page opinion found prosecutors 'actually deceived' victims by sending letters requesting patience while concealing that a deal had already been reached.

EFTA00029443

An internal DOJ email from February 22, 2019, circulating the landmark Judge Marra ruling that found prosecutors violated victims' rights in the Epstein case, warning prosecutors to comply with the Crime Victims' Rights Act.

This is an internal email from a Deputy Chief of the Criminal Division at the U.S. Attorney's Office for the Eastern District of New York, sent the day after Judge Kenneth Marra issued his February 21, 2019 ruling. The email alerts fellow prosecutors that the Crime Victims' Rights Act (CVRA) requires victims to be notified of plea bargains and non-prosecution agreements. Using the Epstein case as a cautionary example, it attaches Judge Marra's opinion finding that the Miami U.S. Attorney's Office violated victims' rights by secretly entering a non-prosecution agreement without notifying Epstein's victims. The email instructs prosecutors to be mindful of CVRA obligations when negotiating pleas.

Key Highlights

•Internal DOJ communication circulating the landmark Judge Marra ruling the day after it was issued
•Explicitly warns that victims have the right to be informed of plea bargains under 18 U.S.C. § 3771(a)(9)
•Acknowledges the Epstein case involved 'trafficking and sexual abuse of minors' and is receiving significant press attention
•Notes the ruling found 'actual deception of the victims, rather than mere failure to notify'
•Instructs prosecutors to consult supervisors about 'whether, how and when to inform victims'

Frequently Asked Questions

Books for Further Reading

Perversion of Justice: The Jeffrey Epstein Story

Julie K. Brown

Investigative journalism that broke the Epstein case open

Filthy Rich: The Jeffrey Epstein Story

James Patterson

Bestselling account of Epstein's crimes and network

Relentless Pursuit: My Fight for the Victims of Jeffrey Epstein

Bradley J. Edwards

Victims' attorney's firsthand account

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From: To: Subject: FW: Victims' Rights Date: Fri, 22 Feb 2019 23:59:24 +0000 Importance: Normal Attachments: Epstein_OpinioniCVRAU2019-02-21).pdf From: Sent: Friday, February 22, 2019 2:29 PM To: Cc: Subject: Victims' Rights As a reminder, the Crime Victims' Rights Act applies in many if not most of our cases. We most often deal with the CVRA by making sure that victims know about court appearances and are allowed to be heard at sentencing, but the CVRA also provides inter alia, that victims have "(t]he right to be informed in a timely manner of any plea bargain or deferred prosecution agreement." 18 U.S.C. § 3771(a)(9). In the attached opinion, a district judge in Miami found that victims' rights were violated when the U.S. Attorney's Office entered into a non-prosecution agreement without notifying them. (See pp. 25, et seq.) This case is outside our Circuit, involved some unusual facts — including, arguably, actual deception of the victims, rather than mere failure to notify — and it does not order a remedy. That said, it is a case of some notoriety (Jeffrey Epstein's trafficking and sexual abuse of minors), so it is getting press attention and is likely to be on the minds of our judges. Please be mindful of the CVRA as you negotiate pleas, and talk to your supervisors about whether, how and when to inform victims. They don't get to determine how we dispose of cases, but they're generally entitled to notice. Thanks, Assistant U.S. Attorney Deputy Chief, Criminal Division Eastern District of New York Brooklyn, NY 11201 EFTA00029443