The federal Crime Victims’ Rights Act gives crime victims “the reasonable right to confer with the attorney for the Government in the case.” 18 U.S.C. sec. 3771. How far does this right extend?
In a previous post (found here) I noted the Eleventh Circuit’s recent decision interpreting the Crime Victims’ Rights Act as providing protection to victims’ of financial fraud even when they are not listed as victims in the indictment filed by the Government. In the wake of that ruling, the Government has filed a petition for panel rehearing with the Circuit. Now the victims (whom I represent along with other attorneys) have filed motion to strike the Government’s Rehearing Petition alleging a violation of their right to confer.
A few facts: The victims sought to confer with the Government before it filed any rehearing petition. The Govenrment refused, sending a note to the victims that the right to confer in the CVRA does not extend that far.
The victims’ motion to strike, found here, contends that the Government’s failure to confer with them about the rehearing petition violated the CVRA and that the proper remedy for that violation (and others) is to strike the rehearing petition.
Here is the introduction to the motion:
The victims come to the Court (reluctantly) because the Government has bluntly refused to confer with them and thus has clearly violated the CVRA. In brief, immediately after this Court granted the victims