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Case 1:20-cr-00330-PAE Document 734-5 Filed 07/15/22 Page 11 of 17 Claimant during this process will be returned to the Claimant or destroyed within one year after the conclusion of the Program. Claimants are not bound through the Program by any rules of confidentiality. Claimants may always, if they choose, share information in their possession regarding their claim. 12.Can my attorney or someone else file a claim on my behalf? Yes. A claim may be filed on your behalf where that individual has been granted legal authority to act in a representative capacity pursuant to appropriate law. The “Legal Representative” of an individual Claimant shall mean: (1) in the case of a Claimant who is currently a minor, a parent or legal guardian authorized by law to serve as the minor’s legal representative; (2) in the case of an incompetent or legally incapacitated Claimant, a person who has been duly appointed as the Claimant’s legal representative in accordance with applicable law; (3) in the case of a deceased Claimant, a person who has been duly appointed to act as the personal representative of the Claimant’s estate by a court of competent jurisdiction and is authorized to file and compromise a claim; or (4) an attorney authorized to represent the Claimant for purposes of pursuing a claim through this Program. Legal Representatives must provide proper documentation demonstrating representative capacity. Such proof may include a power of attorney; documentation showing the individual’s appointment as guardian or guardian ad litem; documentation showing the individual’s appointment as personal representative of the Claimant’s estate (such as letters of administration); a copy of a retainer agreement showing legal representation signed by both the Claimant and the attorney or a signed statement by an adult Claimant that a licensed/admitted attorney is acting on her behalf. 13. Do attorneys need to submit documentation to demonstrate legal representation of a Claimant or do the Claimant's initials on page 10 of the Claim Form suffice? (added June 29, 2020) Attorneys must submit documentation demonstrating that they are authorized to represent the Claimant. The Protocol provides in relevant part: "Legal Representatives must provide proper documentation demonstrating representative capacity. Such proof may include ... a copy of a retainer agreement showing legal representation signed by both the Claimant and the attorney or a signed statement by an adult Claimant and the attorney that a licensed/admitted attorney is acting on her behalf. " 10|Page DOJ-OGR-00011497

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Filename DOJ-OGR-00011497.jpg
File Size 969.1 KB
OCR Confidence 94.6%
Has Readable Text Yes
Text Length 2,608 characters
Indexed 2026-02-03 18:08:45.543568