| --- |
| 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" |
| eftaNumber: "HOUSE_OVERSIGHT_014054" |
| ocrPages: 1 |
| ocrChars: 2766 |
| ocrElapsed: 0.0 |
| parseTier: "external-legacy" |
| engine: "engine undisclosed (ep-nov-12.greg.technology mirror)" |
| externalSource: "greg-ep-nov-12" |
| externalLicense: "not granted" |
| externalCredit: "ep-nov-12.greg.technology" |
| externalUrl: "https://ep-nov-12.greg.technology" |
| --- |
| |
| 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 |
| |
