Villafana, Ann Marie C. (USAFLS) From: Patel, Krishna (USACT) Sent: Wednesday, March 12, 2008 9:42 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Appointment of counsel for victims? I believe so but we are permitted to appoint CJA to any potential witnesses. The way I normally do it is to subpoena my witnesses to the grand jury. Obviously anyone subpoenaed to the grand jury has a right to have an attorney. After talking to them, I let the court know that they want an attorney. I have had no problems at all. I am staring 1591 sex trafficking case on Monday involving many minors, some of which I have had CJA counsel appointed. In light of real witness tampering concerns I also had a protective order entered which required the defense counsel to inform us of the name of the investigator and then our FBI agent was permitted to call the witnesses to let them know only this individual could contact them and they were free to talk to the investigator or not. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, March 12, 2008 9:05 AM To: Patel, Krishna (USACT) Subject: RE: Appointment of counsel for victims? I know about the guardian ad litem provision but it is specifically limited to victims who arc currently minors. Have you ever done this for a minor-victim who is now an adult? Would you mind sending a sample? Thank you! A. Marie Villafidia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Patel, Krishna (USACT) Sent: Wednesday, March 12, 2008 9:02 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Appointment of counsel for victims? I routinely get CiA counsel appointed for victims. I don't know how it is done in your district but we talk to the victims about whether they want counsel and then write a letter (especially if they are minors or in their late teens►. There is a provision in the criminal code for appointing a guardian ad litem. From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, March 12, 2008 8:27 AM To: USAEO-PSC-Coordinators Subject: Appointment of counsel for victims? Good morning, everyone. Sorry to bother. 3 EFTA00192252

I am investigating a child exploitation case with a large number of victims. They were teenagers when they were victims and many are now over the age of 18. Investigators for the defense are following them around, showing up on campus, and making visits to their parents' homes. (Many victims' parents do not know about the conduct under investigation.) The victims have told the investigators that they do not want to talk, but they continue to be harassed. The case has not yet been indicted, so I can't simply ask the assigned district judge to rein in the defense. Does anyone have any experience or advice on getting counsel appointed for such victims? The guardian ad litem statute seems to be limited to victims who are currently minors and the material witness statute seems to be limited to situations where there is a strong possibility of flight. Any help and samples would be greatly appreciated. Thank you all. A. Marie Villajaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 4 EFTA00192253