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Doe 1 v. United States

Citation: 359 F. Supp. 3d 1201Docket: CASE NO. 08-80736-CIV-MARRA

Court: District Court, S.D. Florida; February 20, 2019; Federal District Court

Narrative Opinion Summary

In this case, two petitioners, referred to as Jane Doe 1 and Jane Doe 2, filed a motion for partial summary judgment, claiming that their rights under the Crime Victims' Rights Act (CVRA) were violated due to the Government's failure to confer with them during the negotiation of a Non-Prosecution Agreement (NPA) with Jeffrey Epstein. The case revolves around Epstein's sexual abuse of minors and the subsequent federal investigation. The Government had entered into an NPA with Epstein without notifying the victims, which they argued was a violation of their rights to confer under the CVRA. The Court found that the CVRA applies to pre-charge phases, including NPAs, and ruled in favor of the petitioners, granting their motion for partial summary judgment while denying the Government's cross-motion. The Court emphasized that the victims should have been informed about the NPA to allow for their participation in prosecutorial decisions. The decision highlights the balance between prosecutorial discretion and the rights of victims to be informed and involved in significant case developments. The Court ordered the parties to discuss potential remedies for the CVRA violation and report back within 15 days.

Legal Issues Addressed

Crime Victims' Rights Act (CVRA) and Non-Prosecution Agreements

Application: The CVRA applies to pre-charge phases, and victims must be informed about non-prosecution agreements (NPAs) as part of their rights.

Reasoning: No meaningful conferral can occur if the Government conceals the existence of a non-prosecution agreement (NPA) from victims.

Estoppel and Victims' Rights

Application: The Government's argument that victims are estopped from challenging the NPA due to its use in state court actions does not negate their CVRA rights.

Reasoning: Furthermore, it argues that the Petitioners are equitably and judicially estopped from challenging the NPA, as they relied on it in their state court actions.

Prosecutorial Discretion and Victims' Rights

Application: While prosecutorial discretion is acknowledged under the CVRA, it cannot override the victims' rights to be informed and confer about significant agreements like NPAs.

Reasoning: The Court addressed the Government's claim regarding its prosecutorial discretion in entering a Non-Prosecution Agreement (NPA), clarifying that while the discretion exists under the Crime Victims' Rights Act (CVRA), a violation of the victims' rights occurred in this case.

Summary Judgment Standard in CVRA Context

Application: The Court must determine the absence of genuine disputes over material facts, with the burden on the moving party to demonstrate this absence in CVRA violation claims.

Reasoning: The summary judgment standard allows the court to grant judgment if there are no genuine disputes over material facts, placing the burden on the moving party to demonstrate this absence of a genuine issue.

Victims' Right to Confer Under the CVRA

Application: The victims' right to confer includes being informed and consulted about NPAs, ensuring they can participate in prosecutorial decisions before they are finalized.

Reasoning: The CVRA was intended to provide victims the opportunity to influence prosecutorial decisions before they were finalized, which was undermined by the Government's negotiations with Epstein.