DOJ-OGR-00021389.jpg

Case 22-1426, Document ON IBS 3536038, Page217 of 258 Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 215 of 348 CHAPTER THREE ISSUES RELATING TO THE GOVERNMENT?’S INTERACTIONS AND COMMUNICATIONS WITH VICTIMS PART ONE: FACTUAL BACKGROUND I. OVERVIEW Chapter Three describes the events pertaining to the federal government’s interactions and communications with victims in the Epstein case, and should be read in conjunction with the factual background set forth in Chapter Two, Part One. This chapter sets forth the pertinent legal authorities and Department policies and practices regarding victim notification and consultation, as well as OPR’s analysis and conclusions. OPR discusses key events relating to the USAO’s and the FBI’s interactions with victims before and after the signing of the NPA, beginning with the FBIs initial contact with victims through letters informing them that the FBI had initiated an investigation. A timeline of key events is provided on the following page. II. THE CVRA, 18 U.S.C. § 3771 A, History In December 1982, the President’s Task Force on Victims of Crime issued a final report outlining recommendations for the three branches of government to improve the treatment of crime victims. The Task Force concluded that victims have been “overlooked, their pleas for justice have gone unheeded, and their wounds—personal, emotional and financial—have gone unattended.” Thereafter, the government enacted various laws addressing victims’ roles in the criminal justice system: the Victim and Witness Protection Act of 1982, the Victims of Crime Act of 1984, the Victims’ Rights and Restitution Act of 1990 (VRRA), the Violent Crime Control and Law Enforcement Act of 1994, the Antiterrorism and Effective Death Penalty Act of 1996, the Victim Rights Clarification Act of 1997, and the Justice for All Act of 2004.7°! The CVRA, enacted on October 30, 2004, as part of the Justice for All Act, was designed to protect crime victims and to make them “full participants in the criminal justice system.”*°” The CVRA resulted from a multi-year bipartisan effort to approve a proposal for a constitutional amendment guaranteeing victims’ rights, some of which had previously been codified as a victims’ 200 President’s Task Force on Victims of Crime Final Report at ii (Dec. 1982). 261 See Pub. L. No. 97-291 (Victim and Witness Protection Act) (1982); Pub. L. No. 98-473 (Victims of Crime Act) (1984); Pub. L. No. 101-647 (Victims’ Rights and Restitution Act) (1990); Pub. L. No. 103-322 (Violent Crime Control and Law Enforcement Act) (1994); Pub. L. No. 104-132 (Antiterrorism and Effective Death Penalty Act) (1996); Pub. L. No. 105-6 (Victim Rights Clarification Act) (1997); and Pub. L. No. 108-405 (Justice for All Act) (2004). ann Kenna v. U.S. Dist. Court, 435 F.3d 1011, 1016 (9th Cir. 2006); United States v. Moussaoui, 483 F.3d 220, 234 (4th Cir. 2007); and Justice for All Act. 189 DOJ-OGR-00021389