-----Ori inal Mess e-- From: ) Sent: Sunda March 27, 2011 2:44 PM To: (USAFLS); . (USAFLS) Subject: RE: Emailing: CVRA Omnibus Response.wpd I must really be clueless here, but why would we have to consult with them if no charges have been brought. That's the OLC opinion. That doesn't mean we couldn't consult with them as a courtesy, but we have no legal compulsion to do so under the CVRA because no charges were ever brought. United States Department of Justice Criminal Division, Appellate Section tel: fax: ----Ori inal Message From: (USAFLS) [main° Sent: Sunda , March 27 2011 2:06 PM To: (USAFLS) Subject: RE: Emailing: CVRA Omnibus Response.wpd The remedy they seek is a vacatur of the non-prosecution agreement. Presumably, we would then have to consult with them pursuant to 18 U.S.C. 3771(a)(5). Cassell did agree that the district court had no authority to compel the government to prosecute Epstein. ---Ori inal Mess e-- From: ) Sent: Sunda March 27, 2011 2:03 PM To: (USAFLS); . (USAFLS) Subject RE: Emailing: CVRA Omnibus Response.wpd The "no prosecution is underway" language has a specific meaning addressed in the OLC opinion I sent earlier. It does not mean that it creates a forum for victims to bring a non-monetary cause of action when (as here) that cause of action is divorced from a criminal case. (What relief is being sought in this case, by the way? If it's a declaratory judgment that we bring charges, then he's barred by prosecutorial discretion - we're the govt, not him) The CVRA does not create any independent causes of action - the money damages clause was belts and suspenders, to make clear that sovereign immunity wasn't being waived. If a victim believes their rights were violated, they can, in theory, bring a cause of action under some other federal law, cf. 42 USC 1983, but the CVRA itself doesn't create a recoverable cause of action. EFTA00206439