This is an FBI investigation document from the Epstein Files collection (FBI VOL00009). Text has been machine-extracted from the original PDF file. Search more documents →
FBI VOL00009
EFTA00230786
1131 pages
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06-26-'09 13:39 FROMM & LOCICERO T-059 F001/005 F-889 THOMAS LOCICERO BRALOW 400 N. DriveeSuite 1100•Tam a FL 33602 (Phone) (Fax) Toll Free: 866.395-7100 L facsimile transmittal To: Marilyn, Judicial Assistant to Judge FAX 561-355-1616 Colbath R. Alexander Acosta, Esq., USAO Barbara Burns, Esq., ASAO Jack Alan Goldberger, Esq. Bradley J. Edwards, Esq. William J. Berger, Esq. Robert D. Critton, Esq. Spencer T. Kuvin, Esq. From: Deanna K. Shullman, Esq. Re: State v. J. Epstein Date: 06/04/2009 Pages: 5 urgent K For review D Please see attached proposed Order. Please comment D Please reply ta Please recycle 0 --CONFIDENTIALITY STATEMENT This electronic message transmission contains intermarket from the law turn of =. LoCicem B Bralow PL and is confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure. copying. distribution or use of the contents of this information Is prohibited. If you have received this clean:silt transmission in error, please notify us by telephone (813) 984-3060 immediately. Thank you for your cooperation IRS Circular 230 Disclosure. To the extent this corresponderce com ma federal tax edvict, such advice was not intended to be used, and cannot be used by any uncptyer, for the purpose of (I) avoidtg penalties under the Internal Revenue Code or (i) promoting. marketing, or recommending to another party any uansaction or matter addressed herein. !frau would like us to prepare written tax advice designed to provide penalty prorectim, please contact us and we will be happy to discuss the mesa with you bi more detail confidential EFTA00231166
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06-26-'09 13:39 FROM & LOCICERO T-059 P002/005 F-889 Tamp 400 N Dr., SW. 1100, Tampa, FL 33602 THOMAS I ()CICERO P.O. x Tampa ph, fax 1-2602 toll Ft. Lauderdale BRALOW 101 N.E. INS Ave,, SW. 1500 oFht..ISSIL 101111fee New York City 220 E 42nd St.. 10th Flom New York. NY 10017 ee tax WAN/ slo1eveirm rem Dee Direct Deanna.shu„manottoiawfirm.com Reply To Tampa June 26, 2009 VIA FASCIMILE The Honorable Jeffrey Colbath Fifteenth Judicial Circuit-Palm Beach Palm Beach County Courthouse Main Judicial Complex 205 N. Dixie Highway, Room 11F West Palm Beach, FL 33401 Re: State of Florida v. Jeffrey Epstein Dear Judge Colbath: This law firm represents the Palm Beach Post in the above matter. I have prepared a proposed Order, which I believe accurately reflects your ruling at the hearing on June 26, 2009 on Defendant Jeffrey Epstein's Motion to Stay Disclosure of the Non-Prosecution Agreement and Addendum Pending Review. By copy of this letter, I am providing all counsel of record a copy of the proposed Order. If the attached Order meets with Your Honor's approval, please enter the same. If you would like to have an electronic copy of this proposed order, please have your Judicial Assistant call my office to make arrangements for us to send you the order via email. Sincerely, THOMAS, LOCICERO & BRALOW PL ,atlena.0-0 K Deanna K. Shullman EFTA00231167
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06-26-'09 13:40 FROM-THOMAS & L0CICER0 T-059 P003/005 F-889 Hon. J. Colbath 06/26/09 Page 2 of 2 DKS/kb Enclosures cc: U.S. Attorney's Office (via facsimile) State Attorney's Office (via facsimile) Jack Alan Goldberger, Esq. (via facsimile) Bradley J. Edwards, Esq. (via facsimile) Deanna K. Shullman, Esq. (via facsimile) Spencer T. Kuvin, Esq. (via facsimile) EFTA00231168
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06-26-'09 13:41 FROM-THOMAS & L0CICER0 T-059 P004/005 F-889 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION STATE OF FLORIDA vs. JEFFREY EPSTEIN Case Nos.: 2006-CF9454-AXX & 2008-9381CF-AXX ORDER This matter came before the Court on Defendant Jeffrey Epstein's Motion to Stay Disclosure of the Non-Prosecution Agreement and Addendum Pending Review and upon further consideration of this Court's June 26, 2009 Order unsealing certain records in this case. A hearing was conducted on these matters on June 26, 2009. On June 26, 2009, this Court entered an order unsealing the non-prosecution agreement and an addendum on file in this case. Having inspected the documents, this Court finds that they do not name any victims and do not contain any material subject to confidentiality pursuant to Federal Rule of Criminal Procedure 6. Thus, the Court declines to make any redactions to the records before releasing them to the public. The Court further finds that Defendant has not demonstrated that a stay pending appeal is warranted. Defendant has not shown any irreparable harm or likelihood of success on the merits on appeal. These documents were not properly closed in the first instance, no present basis for closure exists, and good cause supports disclosure given the public interest in these proceedings and the lack of compelling interest in closure. Accordingly, it is ordered and adjudged as follows: 1. Effective at noon on July 2, 2009, the non-prosecution agreement (docketed July 2, 2008) and addendum (docketed August 25, 2008) are unsealed; EFTA00231169
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06-26-'09 13:42 FROM-THOMAS & L0CICER0 T-059 P005/005 F-889 2. Defendant's Motion for Stay pending appellate review is DENIED; 3. The Clerk of Court is directed to release the documents to the public at noon on Thursday, July 2, 2009. Done and ordered this day of June, 2009 in Palm Beach County, West Palm Beach, Florida. Hon. Jeffrey Colbath CIRCUIT JUDGE cc: U.S. Attorney's Office State Attorney's Office Jack Alan Goldberger, Esq. Bradley 1. Edwards, Esq. Deanna K. Shullman, Esq. Spencer T. Kuvin, Esq. 2 EFTA00231170
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KnEusixn-WALsit, COMPIANI & VARGAS, P.A. SUITE 5O3. FLAGLER CENTER 501 SOUTH FLAGLER DRIVE WEST PALM BEACH, FLORIDA 33401-5913 JANE KREUSLER-WALSH BARBARA J. COMPIANI REBECCA MERCIER VARGAS BOARD CERTIFIED APPELLATE LAWYERS By Hand Delivery Honorable Jeffrey Colbath Palm Beach County Courthouse Fifteenth Judicial Circuit 205 North Dixie Highway, Room 11F West Palm Beach, FL 33401 June 30, 2009 Re: Epstein v. State of Florida 15th Circuit Court Case No. 2008CF009381A Dear Judge Colbath: 'ELEPHONE FACSIMILE Enclosed is a copy of Epstein's Emergency Petition for Writ of Certiorari, Emergency Motion to Review Denial of Stay, Motion to Use One Appendix and Motion to Seal, as filed with the Fourth District Court of Appeal. Due to the volume of the appendix, we have only enclosed the table of contents. Please let us know if you wish to receive a copy of the appendix. Thank you. JKW/bl Enclosure seleno. Robert D. Critton Very truly yours, p 1CREUSLER-WALSH Jack A. Goldber er Judith Stevenson Arco William J. Berger Deanna K. Shullman Spencer T. Kuvin EFTA00231171
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FOURTH DISTRICT JEFFREY EPSTEIN, CASE NO. PALM BEACH COUNTY Petitioner, L.T. CASE NO. 2008 CF 009381A v. STATE OF FLORIDA, Respondent. APPENDIX TO EMERGENCY PETITION FOR WRIT OF CERTIORARI AND EMERGENCY MOTION TO REVIEW DENIAL OF STAY ROBERT D. CRITTON BURMAN, CRITTON, LUTTIER & COLEMAN 515 North Flagler Drive, West Palm Beach, FL 33401 and JACK A. GOLDBERGER ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 and JANE ICREUSLER-WALSH and BARBARA J. COMPIANI of KREUSTRB-WAT COMPIANI & VARGAS, P.A. 501 South Flagler Drive, Suite 503 West Palm Beach, FL 33401-5913 Counsel for Petitioner EFTA00231172
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e EFTA00231173
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Document Tab Proceedings in Southern District Court Victim's (Doe) Petition for Enforcement of Crime Victim's Right Act, 18 U.S.C. Section 3771 Judge Marra's Order to Compel Production and Protective Order (8/21/08) Victims' (Doe #1 and Doe #2) Motion to Unseal Non- Prosecution Agreement (9/25/08) A-1 A-2 A-3 Respondent's (U.S. Attorney's Office) Opposition to Victims' Motion to Unseal Non-Prosecution Agreement (10/8/08) A-4 Victims' (Doe #1 and Doe #2) Reply to Respondent's A-5 Opposition to Victims' Motion to Unseal Non-Prosecution Agreement (10/16/08) Judge Marra's Order Denying Petitioners' (Doe #1 and Doe #2). Motion to Unseal Non-Prosecution Agreement (2/12/08 [sic should be 2/12/09]) Proceedings in 15th Judicial Circuit Transcript of Epstein's Plea Conference (6/30/08) Epstein's Plea (6/30/08) Agreed Order Sealing Document in Court File (7/2/08) NonParty M.'s Motion to Vacate Order Sealing Records And Unseal Records (5/12/09) A-6 A-7 A-8 A-9 A-l0 Palm Beach Post's Motion to Intervene and Petition for A-11 Access (6/1/09) Applicant, ■.'s Motion to Intervene and Supporting A-12 Memorandum of Law (6/11/09) EFTA00231174
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Document Tab Epstein's Motion to Make Court Records Confidential (6/11/09) A-13 Epstein's Motion to Stay Disclosure of the Non-Prosecution A-14 Agreement and Addendum Pending Review (6/25/09) Intervener's [..] Response to Motion to Stay and Supporting Memorandum of Law (6/26/09) A-15 Order of Judge Jeffrey J. Colbath granting motions to unseal (6/25/09) A-16 Order of Judge Jeffrey J. Colbath denying motion to stay (6/26/09) A-17 Transcript on non-parties' motions to unseal and Epstein's motion for confidentiality (6/25/09) A-18 Transcript on Epstein's motion to stay (6/26/09) A-19 EFTA00231175
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LEGAL RECYCLED PAPER TO REORDER CALL 954446-9399 EFTA00231176
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Case 9:08-cv-80736-KAM
Document 1
Entered on FLSD Docket 07/07/2008
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
08-80736-Civ-MARRA/JOHNSON
CASE NO.:
IN RE: JANE DOE,
Petitioner.
FI
cilio
ELaT
JULY 7, 2008
STEVEN IA. LARIUORE
CLERK M.S. GIST. CS.
5.0. Or ILA. • MIAMI
s,., ers end y VICTIM'S PETITION FOR ENFORCEMENT OF
CRIME VICTIM'S RIGHTS ACT. 18 U.S.0 . SECTION 3771
COMES NOW the Petitioner, JANE DOE (hereinafter "Petitioner"), by and through her
undersigned attorneys, pursuant to the Crime Victim's Rights Act, 18 U.S.C. Section 3771
(''CVR_A"), and files this Petition for Enforcement in the above styled action as follows:
I.
Petitioner, an adult, as a minor child was a victim of federal crimes committed by
JEFFREY EPSTEIN (hereinafter "Defendant").
These crimes included sex trafficking of
children by fraud, in violation of 18 U.S.C. § 1591, use of a means of interstate commerce to
entice a minor to commit prostitution, in violation of 18 U.S.C. § 2422, as well as wire fraud, in
violation of 18 U.S.C. § 1343. The Defendant committed these crimes within the jurisdiction of
the Southern District of Florida in Palm Beach County, Florida.
2.
Upon information and belief, the Defendant is the subject of a federal criminal
investigation conducted by the United States of America in the Southern District of Florida. The
Defendant has recently been prosecuted and pleaded guilty, on June 30, 2008, in the Circuit
Court for Palm Beach County to various similar slate offenses including solicitation of minors
for prostitution.
3.
Upon information and beliefs the Defendant is engaged in plea negotiations-with
the Office of the United States Attorney for the Southern District of Florida concerning federal
0110
EFTA00231177
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Case 9:08-cv-80736-KAM Document 1 Entered on FLSD Docket 07/07/2008 Page 2 of 10 crimes which he is alleged to have committed against minor children, including the Petitioner. Such negotiations may likely result in a disposition of the charges in the next several days. 4. Under the CVRA, before any charges are filed against the Defendant, the Petitioner has the rights (among others) to notice of her rights under the CVRA, to confer with the prosecutors, and to be treated with fairness. As soon as charges are filed, the Petitioner has the rights (among others) to timely notice of court proceedings, the right not to be excluded from such proceedings, the right to be heard at such public proceedings regarding conditions of release, any plea, and any sentence, the right to confer with the attorney for the government, the right to restitution, and the right to be treated with fairness and with respect for her dignity and privacy. 5. The Petitioner has been denied her rights in that she has received no consultation with the attorney for the government regarding the possible disposition of the charges, no notice of any public court proceedings, no information regarding her right to restitution, and no notice of rights under the CVRA, as required under law. 6. The Petitioner is in jeopardy of losing her rights, as described above, if the government is able to negotiate a plea or agreement with the Defendant without her participation and knowledge. WHEREFORE, for the reasons outlined above, the Petitioner respectfully requests this Court to grant her Petition, and to order the United States Attorney to comply with the provisions of the CVRA prior to and including any plea or other agreement with the Defendant and any attendant proceedings. 2 2.110 EFTA00231178
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Case 9:08-cv-80736-KAM Document 1 Entered on FLSD Docket 07107/2008 Page 3 of 10 MEMORANDUM I. THE CRIME VICTIMS' RIGHTS ACT MAKES CRIME VICTIMS INDEPENDENT PARTICIPANTS THROUGHOUT THE CRIMINAL JUSTICE PROCESS. In October 2004, Congress passed and the President signed into law the Crime Victims' Rights Act, Pub. L. No. 108-405, 118 Stat. 2251 (codified at 18 U.S.C. § 3771). Because this appears to be the first case involving the Act to come before this Court, a bit of background may be in order. A. The CVRA Gives Crime Victims Rights to Participate in the Criminal Justice Process. Congress passed the CVRA "to give crime victims enforceable rights to participate in federal criminal proceedings." Opinion at 14. Congress was concerned that in the federal system crime victims were "treated as non-participants in a critical event in their lives. They were kept in the dark by prosecutors too busy to care enough ... and by a court system that simply did not have a place for them." 150 CONG. REC. S4262 (Apr. 22, 2004) (statement of Sen. Feinstein). To remedy this problem, Congress gave victims "the simple right to know what is going on, to participate in the process where the information that victims and their families can provide may be material and relevant ... ." Id. The CVRA gives victims of federal crimes a series of rights, including the right to notice of court proceedings, to be heard at plea and sentencing hearings, and to reasonably "confer with the attorney for the Government in the case." 18 U.S.C. § 3771(a). Victims also have a "right of access to the terms of a plea agreement ... ." In re Interested Parry 1, 530 F.Supp. 2d 136, 2008 WL 134233 at •7 (D.D.C. 2008). The CVRA also assures victims broadly that they will "be treated with fairness." 18 U.S.C. § 377I(a)(8). 3 1010 EFTA00231179
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Case 9:08-cv-80736-KAM Document 1 Entered on FLSD Docket 07/07/2008 Page 4 of 10 *a/ Of course, these rights would be of little use to most crime victims unless they were told about them. To ensure that victims are notified of their rights, the CVRA directs employees of the Justice Department "and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime" to use their "best efforts to see that crime victims are notified of the rights described (in the CVRA]." 18 U.S.C. § 3771(c)(1) (emphasis added).1 B. The CVRA Gives Victims Rights During the Investigation of a Crime. The CVRA gives victims rights during the investigation of a crime. The Fifth Circuit recently reached this conclusion, holding: The district court acknowledged that "(t]here are clearly rights under the CVRA that apply before any prosecution is underway." BP Prods., 2008 WL 501321 at '11, 200811.S. Dist. LEXIS 12893, at *36. Logically, this includes the CVRA's establishment of victims' "reasonable right to confer with the attorney for the Government." 18 U.S.C. & 3771(a)(5). At least in the posture of this case (and we do not speculate on the applicability to other situations), the government should have fashioned a reasonable way to inform the victims of the likelihood of criminal charges and to ascertain the victims' views on the possible details of a plea bargain. ha re Dean, 527 F.3d 391, 394 (5th Cir. 2008). The position that CVRA rights apply before charges have been filed is consistent with the Justice Department regulations under the CVRA, which explain that government officials "must advise a victim (about their rights under the CVRA) ... at the earliest opportunity at which it may be done without interfering with an investigation." A.G. GUIDELINES FOR VICTIM AND WrThrESS I Further supporting this requirement is another statute, 42 U.S.C. § I0607(c)(3), which directs government officials to provide victims with "the earliest possible notice of," among other things, "the filing of charges against a suspected offender." 4 loll@ EFTA00231180
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Case 9:08-cv-80736-KAM Document 1 Entered on FLSD Docket 07/07/2008 Page 5 of 10 yostr Nvor ASSISTANCE 23 (May 2005). And the plain language of the CVRA undergirds this conclusion, as it applies not simply to prosecutors but to government agencies "engaged in the detection [and) investigation ... of crime ... ." 18 U.S.C. § 3771(c)(1). Indeed, if there were any doubt, the plain language of the CVRA extends victims' right to situations "in which no prosecution is underway." 18 U.S.C. § 3771(dX3). H. PETITIONER IS A "VICTIM PROTECTED BY THE CVRA. Under the CVRA the crime victim is defined as "a person directly and proximately harmed as a result of the commission of a Federal offense ... ." 18 U.S.C. Section 3771(e). In particular, Defendant called Petitioner when she was a minor over a telephone (a means of interstate communication) requesting that she perform a massage in exchange for payment. As Defendant well knew, that request was fraudulent, as he not only intended to receive a massage, but also intended to have her perform sexual acts in exchange for a cash payment to Petitioner. Only when Petitioner arrived at a Defendant's mansion as directed by Defendant, did Defendant reveal his true purpose of obtaining sexual favors in exchange for payment This conduct violated 18 U.S.C. § 2422, which forbids using a means of interstate commerce to knowingly "induce" or "entice" a minor "to engage in prostitution." In addition, this conduct was both a use of "fraud" to obtain a commercial sex act, in violation of 18 U.S.0 § 1591, and use of wire communications to perpetrate a "scheme and artifice to defraud," in violation of 18 U.S.C. § 1343. It appears obvious that Petitioner was "directly and proximately" harmed by these crimes, thereby making her a victim under the CVRA. It should be emphasized that_the CVRA "was designed to be a 'broad and encompassing' statutory victims' bill of rights." United States' 5 lot 00 EFTA00231181
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Case 9:08-cv-80736-KAM Document 1 Entered on FLSD Docket 07/07/2008 Page 6 of 10 v Degenhardt, 405 F.Supp.2d 1341, 1342 (D. Utah 2005) (quoting 150 Cong. Rec. S4261 (daily ed. Apr. 22, 2004) (statement of Sen. Feinstein)). Congress intended the CVRA to dramatically rework the federal criminal justice system. In the course of construing the CVRA generously, the Ninth Circuit observed: "The criminal justice system has long flinctioned on the assumption that crime victims should behave like good Victorian children — seen but not heard. The Crime Victims' Rights Act sought to change this by making victims independent participants in the criminal justice process." Kenna v. U.S. Dist. Court for C.D. Cat, 435 F.3d 1011, 1013 (9th Cir. 2006). Accordingly, because the CVRA is remedial legislation, courts should interpret it "liberally to facilitate and accomplish its purposes and intent." Elliott Industries Ltd. Partnership v. BP America Production Co., 407 F.3d 1091, 1118 (10th Cir. 2005) (noting remedial legislation should be "interpreted liberally to facilitate and accomplish its purposes and intent"). The CVRA itself suggests this conclusion by requiring that courts must treat crime victims with "fairness." United States v. Patkar, 2008 WL 233062 at •3 (D. Haw. 2008) (citing United States v. Turner, 367 F.Supp.2d 319, 335 (ED.N.Y. 2005)). Not only must the CVRA as a whole be interpreted liberally, but its definition of "crime victim" requires a generous construction. After reciting the direct-and-proximate-harm language at issue here, one of the Act's two co-sponsors -- Senator Kyl -- explained that "Mills is an intentionally broad definition because all victims of crime deserve to have their rights protected ." 150 Cong. Rec. S10912 (Oct. 9, 2004) (emphasis added). The description of the victim definition as "intentionally broad" was in the course of floor colloquy with the other primary sponsor of the CVRA and therefore deserves significant weight. See Kenna, 435 F.3d at 1015T6 (discussing significance of CVRA sponsors.. floor statements). 6 EFTA00231182
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Case 9:08-cv-80736-KAM Document 1 Entered on FLSD Docket 07/07/2008 Page 7 of 10 4.•• The definition of "crime victims" must thus be construed broadly in favor of Petitioner. She obviously qualifies as a "victim" under the CVRA. III. PETITIONER IS ENTITLED TO NOTICE OF HER RIGHTS, AN OPPORTUNITY TO CONFER WITH THE PROSECUTORS AND TO BE TREATED WITH FAIRNESS. Because Petitioner is a "victim" under the CVRA, she has certain protected rights under the Act. Most important, the Act promises that she will have an opportunity to "confer with the attorney for the Government in the case." To date, Petitioner has not been given that right. This raises that very real possibility that the Government may negotiate and conclude a plea agreement with the Defendant without giving Petitioner her protected rights.2 Petitioner is entitled to have this conference with prosecutors before any final plea agreement is reached. The Fifth Circuit reached exactly this conclusion in a very recent case. In In re Dean, 527 F.3d 391 (5th Cir. 2008), the Government negotiated a plea agreement with the well-heeled corporate defendant without conferring with the victims. When the Government's failure was challenged in the Fifth Circuit, the Fifth Circuit concluded that the Government had indeed violated the CVRA. The Fifth Circuit observed: "in passing the [CVRAJ, Congress made the policy decision-which we are bound to enforce-that the victims have a right to inform the plea negotiation process by conferring with prosecutors before a plea agreement is reached." Id. at 394. This Court is obligated to protect the lights of Petitioner. The CVRA directs that "[i]n any court proceeding involving an offense against a crime victim, the court shall ensure that the 2 On information and belief, roughly the same crimes werc committed against several other young females. These victims, too, arc in danger of losing their right to confer under the CVRA. 7 7 of 10 EFTA00231183
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Case 9:08-cv-80736-KAM Document 1 Entered on FLSD Docket 07/07/2008 Page 8 of 10 crime victim is afforded the rights described in [the CVRA)." 18 U.S.C. § 3771(bX1). The CVRA also confers on crime victims the right to "assert the rights described in [the CVRA]." 18 U.S.C. § 3771(d)(I). Therefore, this Court has its own independent obligation to intercede and ensure that the Government respects the rights of Petitioner under the CVRA. CONCLUSION The Petitioner requests the intervention of this Court to ensure that her rights are respected and accorded, as promised in the Crime Victims' Rights Act. DATED this 7th day oil& 2008. Respectfully Submitted, THE LAW OFFICE OF BRAD EDWARDS & ASSOCIATES, LLC Brad Edwards, Esquire Attorney for Petitioner Florida Bar #542075 2028 Harrison Street Suite 202 Hollywood, Florida 33020 Telephone: Facsimile: 8 emu, EFTA00231184
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Case 9:08-cv-80736-KAM Document 1 Entered on FLSD Docket 07/07/2008 Page 9 of 10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been provided by United States mail and via facsimile to: United States Attorney's Office, 500 South Australian Avenue, Florida 33401, this ah day of July, 2008. c410 , AUSA, West Palm Beach, Brad Edwards, Esquire Attorney for Petitioner Florida Bar No. 542075 9 EFTA00231185