What the CVRA Is
The Crime Victims’ Rights Act (18 U.S.C. 3771) was enacted in 2004 to codify rights for federal crime victims. Key rights include:
- The right to reasonable notice of public proceedings
- The right to be heard at such proceedings
- The right to be treated with fairness and dignity
- The right to be informed of any plea or non-prosecution agreement
The Epstein Violation
In the 2008 negotiations, SDFL prosecutors entered the NPA without notifying Epstein’s victims. They argued the NPA was not a traditional plea agreement requiring CVRA notice. Victims argued otherwise.
The 2019 Ruling
Judge Kenneth Marra ruled in 2019 that the government had violated the CVRA. The secret NPA, negotiated and entered without victim notification, violated victims’ statutory rights.
The Remedy Problem
Despite finding the violation, Judge Marra found no workable remedy since Epstein was by then facing new federal charges, there was nothing to do about the 2008 agreement.
Legislative Response
The CVRA violation in the Epstein case contributed to congressional interest in strengthening victim rights in federal prosecution agreements.