••••••••••••••••••••••••••.••••••••••••••••••••••MN••••••••• United States Department of Justice Criminal Division, Appellate Section tel: fax: Ori inal Message From: (USAFLS) [mailto To: Sent: Sunda . March 27. 2011 1:58 PM (USAFLS) Subject: RE: Emailing: CVRA Omnibus Response.wpd and 18 U.S.C. 3771(d)(6) provides there is no cause of action for damages. From a civil attomey's viewpoint, damages means money damages. Therefore, a victim cannot sue the United States Government, or an official of the U.S. Government, for money damages, based on a claim that their rights under the CVRA were violated. Not having a cause of action for damages does not mean you cannot assert that your CVRA rights were violated, and you are entitled to non-monetary relief. Also, 18 U.S.C. 3771(d)(3) provides that, in cases where a criminal case has not been filed ("if no prosecution is underway"), the victim can file a motion for relief in the district court in the district in which the crime occurred. This plainly suggests that Congress intended a putative victim to have a forum where he could address his claim that his/her CVRA rights have been violated by the Government ---Ori inal Messa e From: ) Sent: Sunda . March 27, 2011 1:49 PM To: . (USAFLS); (USAFLS) Subject: RE: Emailing: CVRA Omnibus Response.wpd PS - Real quick, but the CVRA says it doesn't create a cause of action "for damages? My instinct is that we should emphasize the prosecutorial discretion angle over the "no cause of action" language of the CVRA, but I will do a little more digging. United States Department of Justice Criminal Division. Appellate Section tel: fax: EFTA00206440