Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Monday, July 07, 2008 4:07 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS); Atkinson, Karen (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Suit against United States Ann Marie, We will have this case assigned to a Civil AUSA. 18 U.S.C. 3771(d)(3) provides that a crime victim can file a petition for writ of mandamus In the district court where the crime occurred. Interestingly, 18 U.S.C. 3771(d)(6) provides that no cause of action for damages is created, and more importantly, "Nothing In this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction." I think the real issue is whether we owe the victim any duty under the statute which we have failed to perform, e.g. notify her of a public hearing, etc. I do not believe the statute allows the victim to interfere with the exercise of prosecutorial discretion by the Executive Branch. Dexter From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, July 07, 2008 3:43 PM To: Lee, Dexter (USAFLS) Cc: Sloman, Jeff (USAFLS); Acosta, Alex (USAFLS); Atkinson, Karen (USAFLS) Subject: Suit against United States Hi Dexter —The following has just been filed with the U.S. District Court in West Palm Beach. It is a suit brought by a victim under the Crime Victim's Rights Act, 18 USC 3771, asking the Court to intervene to prevent us from moving forward with an agreement to close one of our investigations. I am named as the attorney on the case. Obviously I have not agreed to accept service, but I need advice on how to proceed. <<File: DE2_080707 Ccrt of Emergency.pdf >> <<File: DE1_080707_Petition.pdf>> A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 • 688 EFTA00194328