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title: "House Oversight: Estate Documents (Nov 12) (HOUSE_OVERSIGHT_014054)"
source: "House Oversight: Estate Documents (Nov 12)"
sourceUrl: "https://www.justice.gov/epstein"
date: "2026-01-01"
category: "House Oversight"
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2014|
CRIME VICTIMS' RIGHTS
75
Perhaps the most extensive discussion of this issue has come from the
Epstein case discussed earlier." Overruling the Government's argument
that the CVRA only applies after the formal filing of charges, Does v.
United States held that "the statutory language clearly contemplates pre-
charge proceedings."78
The court in Does explained that "[clourt
proceedings involving the crime are not limited to post-complaint or post-
indictment proceedings, but can also include initial appearances and bond
hearings, both of which can take place before a formal charge."?9 The court
also noted that the CVRA's "requirement that officials engaged in
'detection [or] investigation' [of crimes] afford victims the rights
enumerated in subsection (a) surely contemplates pre-charge application of
the CVRA."" Finally, the court in Does noted that "[ilf the CVRA's rights
may be enforced before a prosecution is underway, then, to avoid a strained
reading of the statute, those rights must attach before a complaint or
indictment formally charges the defendant with the crime?81
In sum, the relevant case law unanimously agrees that the CVRA
extends rights to crime victims before charges have been filed.
III. THE JUSTICE DEPARTMENT'S UNPERSUASIVE POSITION
Despite the CVRA's broad remedial purposes, its expansive language
referring to investigations, and the unanimous case law extending rights to
victims prior to defendants being charged, the OLC released a
memorandum in 2011 concluding that CVRA rights attach only "from the
time that criminal proceedings are initiated (by complaint, information, or
indictment)."82 OLC's analysis is unpersuasive. Although OLC's opinion
Dean for support; but (as just explained above) Dean held exactly the opposite. Similarly,
Petersen cites other cases involving the right to confer after charges have been filed. Id. But
none of these cases actually presented the issue of the CVRA's application to pre-indictment
situations, since charges had already been filed in each of these cases.
Stewart, 552 F.3d 1285, 1289 (11th Cir. 2008).
" Does v. United States, 817 F. Supp. 2d 1337 (S.D. Fla. 2011).
78 Id. at 1341.
79 1d.
dismiss the action.
misa Rectily, the district court toe Does as also rected Got enorent el lars tol
allegations they have made, then they would be entitled to relief, including potentially the
relief of invalidating the nonprosecution agreement that Epstein obtained from the
Government. Does v. United States, No. 9:08-cv-80736-KAM, 2013 WL 3089046, at *3
(S.D. Fla. June 19. 2013).
82 OLC CVRA Rights Memo, supra note 2, at 1. Although the opinion is dated December
17, 2010, it was publicly released on May 20, 2011. See Letter from Jon Kyl, supra note 3.
HOUSE_OVERSIGHT_014054
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