GOV-5E-1RNM-8E-1NT E-1XHI-4BI-4T Case Document Entered on FLSD Docket Page of U.S Department of Justice Office of Justice Program Office for Victims of Crime ATTORNEY GENERAL GUIDELINES FOR VICTIM AND WITNESS ASSISTANCE May Case Document Entered on FLSD Docket Page of FOREWORD at the Departm ent of Justice have a duty not only to uphold the rights of individuals who are accused or convicted of a crim but to protect the rights of the victim of crim Dedicated professionals throughout the Departm ent of Justice work to vindicate the rights of crim victim under law to offer them aid through the Crim Victim Fund and generally to ease their interaction with the crim inal justice system Crim victim deserve no less This new edition of the Attorney General Guidelines for Victim and Witness Assistance will facilitate our critical work on behalf of crim victim It incorporates the any provisions for crim victim rights and rem edies including the Justice for All Act of that have been enacted since the publication of the last edition It also includes new guidance on assisting the victim of certain crim es such as hum an trafficking and identity theft that ay give rise to unique challenges These updates and im provem ents will inform the efforts of victim assistance specialists and other personnel throughout the Departm ent of Justice will never be able to reverse the suffering of crim victim or restore all that they have lost Nevertheless the Departm ent of Justice can do a great deal to i nim ize the frustration and confusion that victim of a crim endure in its wake These Guidelines will help us discharge our obligation to do so Alberto Gonzales Attorney General of the United States Case Document Entered on FLSD Docket Page of CONTENTS Forew7ord-34 Article I Victims Rights-11 Best Efforts To Accord Rights-26 Rights of Crim8e Victim8s Advice of Attorney Definition of Crim8e Victim-27 Enforcem8ent Mechanism8s for Victim8s Article II General Considerations-121 Statem8ent of Purpose Background-110 Construction of These AG Guidelines Definitions of 223Crim8e Victim8 Application-20 Responsible Officials-106 Cases W9ith Large Num8bers of Victim8s Cases Involving Juvenile Offenders Victim8s Declination of Services-101 Article I Guidelines Applicable to All Components Mandatory Reporting of Com9pliance W10ith the AG Guidelines Perform8ance Appraisal Sanctions-106 Mandatory Training Reporting Suspected Cases of Child Abuse Victim8 Notification System Victim8 Privacy Article IV Services to Victims and Witnesses Investigation Stage-41 Prosecution Stage-46 Corrections Stage-101 Article Restitution-99 Background-110 Statutory Fram8ework Consideration Affecting the Recovery of Restitution-10.38 Considerations in Plea Agreem8ents Restitution Procedures Sentencing-50 Enforcem8ent of Restitution-110 Interaction Between Restitution and Asset Forfeiture-81.46 Lim8itation on Liability-70 Case Document Entered on FLSD Docket Page of Article VI Guidelines for Child Victims and Child Witnesses Statem8ent of Purpose General Guidelines Investigation/Forensic Interviewing of Child Victim8s and W9itnesses Prosecutions Involving Child Victim8s and Child W9itnesses-120.51 Article VII Guidelines for Victims of Domestic Violence Sexual Assault or Stalking Statem8ent of Purpose General Guidelines Article VI Guidelines for Victims of Terrorism and Other Mass Casualt ies Statem8ent of Purpose Identification of Victim8s-106 Provision of Services Multijurisdictional Response to Dom9estic Terrorism9 and Mass Violence Victim8s Crim8inal Aviation Disasters-16 Article IX Guidelines for Victims of Human Trafficking-100.67 Statem8ent of Purpose General Guidelines Provision of Special Services for Victim8s of Hum8an Trafficking-85.68 Article Guidelines for Victims of Identity Theft Statem8ent of Purpose General Guidelines Article XI Nonlitigability-10 Case Document Entered on FLSD Docket Page of ARTICLE I VICTIMS RIGHTS A Best Efforts To Accord Rights Officers and em ployees of the Departm ent of Ju stice and other departm ents and agencies of the United States engaged in the detection investigation or prosecutio of crim shall ake their best efforts to see that crim victim are notified of and accorded the rights described below U.S.C Rights of Crime Victims A crim victim has the following rights under U.S.C a The right to be reasonably protected from the accused The right to reasonable accurate and tim ely notice of any public court proceeding or any parole proceeding involving the crim or of any release or escape of the accused The right not to be excluded from any such public court proceeding unless the court after receiving clear and convincing evidence determ ines that testim ony by the victim would be aterially altered if the victim heard other testim ony at that proceeding The right to be reasonably heard at any public proceeding in the distric court involving release plea or sentencing or any parole proceeding The reasonable right to confer with the attorney for the Governm ent in the case The right to full and tim ely restitution as provided in law The right to proceedings free from unreasonable delay The right to be treated with fairness and with respect for the victim dignity and privacy Advice of Attorney The prosecutor shall advise the crim victim that the crim victim ay seek the advice of an attorney with respect to the rights enum erated above U.S.C Enforcement Mechanisms for Victims The Justice for All Act of provides crim vic tim as defined in article II.D.1 with two echanism for enforcing the rights enum erated above Judicial Enforcem ent Crim victim or the Governm ent on their behalf ay ove in Federal district court for an order enforcing their rights U.S.C 223The district court shall take up and decide any tion asserting a victim 2s right forthwith If A 223crim victim for purposes of these rights is a pe rson who satisfies the definition in article II.D.1 of this docum ent Case Document Entered on FLSD Docket Page of the district court denies the relief sought the ovant ay petition the court of appeals for a writ of a ndam us Id Adm inistrative Com plaint A crim victim ay also file an adm inistrative com plaint if Departm ent em ployees fail to respect the victim 2s rights The Attorney General st take and 223investigate com plaints relating to the provision or violation of the rights of a crim victim and provide for disciplinary sanctions for Departm ent em ployees who 223willfully or wantonly fail to protect those rights U.S.C Case Document Entered on FLSD Docket Page of ARTICLE II GENERAL CONSIDERATIONS A Statement of Purpose The purpose of this docum ent the Attorney General Guidelines for Victim and Witness Assistance the AG Guidelines is to establish guidelines to be followed by officers and em ployees of Departm ent of Justice investigative prosecutorial and correctional com ponents in the treatm ent of victim of and witnesses to crim These AG Guidelines supersede the Attorney General Guidelines for Victim and Witness Assistance Background The first Federal victim rights legislation was the Victim and itness Protection Act of VW PA Congress am ended and expanded on the provisions of the Act in subsequent legislation prim arily the Victim of Crim Act of the Victim Rights and Restitution Act of the Violent Crim Control and Law Enforcem ent Act of the Antiterrorism and Effective Death Penalty Act of the Victim Rights Clarification Act of and the Justice for All Act of In VW PA Congress ade findings about the crim inal justice system 2s treatm ent of crim victim Congress recognized that without the cooperation of victim and witnesses the crim inal justice system would cease to function Yet often those individuals were either ignored by the system or sim ply viewed as 223tools to use to identify and punish offenders Congress found that all too often a victim suffers additional hardship as a result of contact with the system VW PA was enacted to enhance and protect the necessary role of cr im victim and witnesses in the crim inal justice process to ensure that the Federal Governm ent does all that is possible within lim its of available resources to assist victim and witnesses of crim without infringing on the constitutional rights of defendants and to provide a odel for legislation for State and local governm ents Pub No In VW PA Congress instructed the Attorney General to develop and im plem ent guidelines for the Departm ent of Justice consistent with the purposes of the Act Congress set for th the objectives of the guidelines which include the provision of services to victim notification about protection services and ajor case events consultation with the Governm ent attorney a separate waiting area at court the return of property noti fication of em ployers and training for law enforcem ent and others Congress also instructed the Attorney General to assure that all Federal law enforcem ent agencies outside the Departm ent of Justice adopt guidelines consistent with the purposes of VW PA U.S.C Historical and Statutory Notes Federal Guidelines for Treatm ent of Crim Victim and itnesses in the Crim inal Justice System In conform ance with the congressional directive the Attorney General prom ulgated the Attorney General Guidelines for Victim and Witness Assistance Periodically the AG Guidelines have been revised to incorporate new legislative provisions Case Document Entered on FLSD Docket Page of Starting with VW PA and continuing through the later legislation Congress established a list of victim rights and directed the Justice Departm ent and other departm ents and agencies of the Federal Governm ent engaged in the detection investigation or prosecution of crim to ake their 223best efforts to see that crim victim are accorded the rights The list of rights com only referred to as the 223victim bill of rights is now codified at U.S.C a Congress also defined a group of services that Federal agencies have the responsibility to provide to crim victim The basic list of responsibilities appears in U.S.C The Crim Control Act of later stated that those services A shall be provided Specialized provisions dealing with certain types of victim and crim es appear elsewhere in Titles and For exam ple provisions specifically dealing with child victim and witnesses appear in U.S.C Subsequent legislation has further expanded victim rights in a variety of ways The Violent Crim Control and Law Enforcem ent Act of established a ndatory restitution for victim of four categories of crim dom estic violence sexual assault the exploitation and abuse of children and telem arketing fraud The Antiterrorism and Effective Death Penalty Act of expanded andatory restitution to virtually all crim es com itted in violation of Title of the United States Code U.S.C The Victim Rights Clarification Act of gives victim the right to attend a trial even though they a testify during the sentencing portion of the trial U.S.C The Victim of Trafficking and Violence Protection Act of protects im i grant victim of dom estic violence hum an trafficking and other crim es from deportation in certain cases U.S.C U.S.C a The Justice for All Act of expanded and recodified the victim bill of rights and gave victim standing to enforce those rights Construction of These AG Guidelines The foundation for these AG Guidelines is the Federal victim rights laws The core statutes are U.S.C and U.S.C but additional rights and requirem ents exist in other statutes and rules of crim inal procedure In the text of these AG Guidelines all statutory requirem ents or rules of crim inal procedure are followed by a direct citation to the applicable statute or rule Guidelines that are purely Justice Departm ent policy as opposed to statutory law will not be followed by a citation Guidelines that are olicy intended to im plem ent a statutory right provision or procedural rule will be followed by a citation referring to the statute or rule The AG Guidelines use the word 223shall where 223shall appears in a statute Th use of the term 223shall eans that the relevant guideline is andatory though room ay rem ain for individual judgm ent in determ ining how best to com ply with the guideline en the AG Guidelines use the word 223should the em ployee is expected to take the action or provide the service described unless there is an appropriate articulable reason not to do so A strong presum ption exists in favor of providing rather than withholding assistance an services to victim and witnesses of crim Case Document Entered on FLSD Docket Page of Definitions of 223Crime Victim The term A crim10e victim is defined differently by different Federal statutes Unless otherwise noted these AG Guidelines use the following definitions 036-499Enforcem8ent of Rights For purposes of enforcing the rights enum9erated in article I.B a victim9 is person directly and proxim9ately harm9ed as a result of the com9m9i-1ssion of a Federal offense or an offense in the District of Colum8bia U.S.C if the offense is charged in Federal district court If a victim9 is under years of age incom9petent incapacitated or deceased a fam9ily m9em9b1er or legal guardian of the victim9 a representative of the victim9 2s estate or any other person so appointed by the court m9ay exercise the victim9 2s rights but in no event shall the accused serve as a guardian or representative for this purpose U.S.C A victim)9 m9ay be a corporation com9pany association firm9 partnership society or joint stock com9pany U.S.C 036-499Provision of Services For purposes of providing the services described in these AG Guidelines a victim9 is person that has suffered direct physical em9otional or pecuniary harm8 as a result of the com8m8i-2ssion of a crim8e U.S.C If a victim9 is an institutional entity services m9ay be provided to an authorized representative of the entity If a victim9 is under years of age incom9petent incapacitated or deceased services m9ay be provided to one of the following in order of preference for the victim)9 2s benefit a spouse legal guardian parent child sibling 036-669Another fam8ily m8e-1m8b1er Another person designated by the court U.S.C Application Providers of Rights and Services These AG Guidelines apply to those com ponents of the Departm ent of Justice engaged in investigative prosecutorial correctional or parole functions within the crim inal justice system The AG Guidelines are intended to Case Document Entered on FLSD Docket Page of serve as a odel for guidelines on the fair treatm ent of crim victim and witnesses for other State and Federal law enforcem ent agencies Departm ent com ponents should encourage non-Departm ent personnel specially assigned or deputized to work with Departm ent com ponents to learn and com ply with the victim rights laws and these AG Guidelines Recipients of Rights and Services The ajority of the rights and services in these AG Guidelines are applicable to victim of crim Som provisions apply to witnesses to crim For purposes of determ ining the applicability of these AG Guidelines to any victim refer to the definitions supra article II.D A person who is culpable for or accused of the crim being investigated or prosecuted should not be considered a victim for purposes of the rights and services described in these AG Guidelines U.S.C Nonetheless a person who a be culpable for violations or crim es other than the crim being investigated or prosecuted ay be considered a victim under this policy For exam ple victim of involuntary servitude or trafficking a be considered victim for purposes of the prosecution of those crim es despite any legal culpability that the victim ay have for ancillary im i gration or prostitution offenses In addition crim inal suspects who are subjected to excessive force by law enforcem ent officers and inm ates who are victim of crim during their incarceration for other offenses ay be considered victim An inm ate detention however ay prevent the inm ate from exercising the rights and receiving the services norm ally afforded to victim For exam ple Departm ent personnel are not required by these AG Guidelines to transport inm ates to court to attend hearings relating to crim es against those inm ates A person whose injuries stem only indirectly from an offense is not entitled to the rights or services described in the AG Guidelines Although bystanders are therefore not generally considered victim there ay be circum stances in which a bystander does suffer an unusually direct injury and Departm ent personnel have the discretion to treat this bystander as a victim Responsible Officials Pursuant to U.S.C a the Attorney General is required to designate persons in the Departm ent of Justice who will be responsible for identifying the victim of crim and perform ing the services described in that section These persons are referred as 223responsible officials in the statute and throughout these AG Guidelines U.S.C a The designation of responsible officials for each com ponent appears below and at the beginning of the sections indicating the stage in the process at which the relevant com ponent operates Responsible officials ay delegate their responsibilities under these AG Case Document Entered on FLSD Docket Page of Guidelines to subordinates in appropriate circum stances but responsible officials rem ain obliged to ensure that all such delegated responsibilities are discharge The Attorney General designates the following responsible officials Investigators a FBI 227the special agent-in-charge of the division having prim ary responsibility for conducting the investigation DEA 227the special agent-in-charge of the division having prim ary responsibility for conducting the investigation Bureau of Alcohol Tobacco Firearm and Explosives 227the special agent-in-charge of the division having prim ary responsibility for conducting the investigation U.S Marshals Service 227the U.S Marshal in whose district the case is being conducted Office of the Inspector General 227the Inspector General Prosecutors a For cases in which charges have been filed 227the U.S Attorney in whose district the prosecution is pending For cases in which a litigating division of the Justice Departm ent is solely responsible 227the chief of the section having responsibility for the ca se The chief of the section is responsible for perform ing the sam duties under these AG Guidelines as are required of a U.S Attorney By agreem ent between the litigating division and the Executive Office for United States Attorneys EOUSA the responsible official from the litigating division ay delegate som responsibilities to the U.S Attorney in whose district the prosecutio is pending For cases in which the U.S Marshals Service is the custodial agency the U.S Attorney in whose district the prosecution is pending Corrections Officials a For cases in which the U.S Marshals Service is the custodial agency the U.S Attorney in whose district the prosecution is pending Case Document Entered on FLSD Docket Page of For cases in which the Bureau of Prisons has becom involved 227the Director or a rden of each Bureau of Prisons BOP facility where the defendant is incarcerated Parole Officials a For proceedings relating to the revocation of parole or the revocation supervised release in the District of Colum bia 227the Chairm an of the U.S Parole Com i ssion The responsible official shall designate the individual or individuals ho will carry out victim witness services in each Departm ent of Justice investigating field office corrections facility parole office U.S Attorney 2s Office and Justice Departm ent litigating division The responsible official shall instruct such designated individuals to com ply with these AG Guidelines and shall delegate the authority to carry out the activities that are hereby required All responsible officials and other em ployees involved in com plying with these regulations st cooperate with other com ponents of the Departm ent of Justice in providing victim with the services required by Federal law and by these AG Guidelines In a ny instances when certain duties and responsibilities overlap duplicative provision of se rvices is not required but responsible officials should prom ote coordination and interagency team work between Departm ent em ployees and State local or tribal officials At each stage in the prov ision of services the transition of responsibility from one com ponent of the Departm ent of Justice to the next st include a sharing of inform ation in any cases prior to the actual transfer of responsibility In this way gaps in notification and other services a re elim inated and crim victim receive uniform rather than fragm ented treatm ent starting from the initial investigation and continuing throughout their entire involvem ent with the Federal crim inal justice system Responsible officials and the individuals they have designated should al so work with the other Federal agencies that investigate and prosecute violations of Fede ral law to assist those agencies in providing these services to victim Cases i th Large Numbers of Victims Individual and personal contact with victim is recom ended whenever reasonably feasible Although im plem enting these AG Guidelines is relatively straightforward in cases in which the num ber of victim is lim ited doing so can present challenges as the num ber of victim grows into the hundreds and thousands Departm ent em ployees should use new technology and be creative in order to provide victim in large cases with the sam rights and services as victim in sm aller cases In carrying out their obligations under the AG Guidelines in cases with large num bers of victim responsible officials should use the eans given the circum stances st likely to achieve notice to the greatest possible num ber of victim Case Document Entered on FLSD Docket Page of If the responsible official as designated in these AG Guidelines deem it im practicable to afford all of the victim of a crim any of the rights enum erated in U.S.C a the attorney for the Governm ent should ove the appropriate district court at the earliest possible stage for an order fashioning a reasonable procedure to effectu ate those rights to the greatest practicable extent U.S.C Identification Identification of victim is the responsibility of the investigative agency see art IV.A.2 Identifying and locating victim can be one of the st difficult victim assistance tasks in a case with a large num ber of victim Both new technology and traditional law enforcem ent ethods can be utilized to identify victim regardless of whether the case involves a large-scale ass violence crim or a large-scale econom ic crim For exam ple officials ay use notices on official eb sites or in print or broadcast edia to ask victim to contact the agency Access to a toll-free num ber can be arranged so that victim can both provide identification inform ation and receive inform ation about available assistance and services Departm ent em ployees a also work with hospitals schools em ployers nonprofit organizations faith-based organizations and disaster-assistance center where appropriate to reach out to victim and to secure identification and contact inform ation In large white-collar crim cases nam es and addresses of victim ay be obtainable from the defendants records For crim es involving aviation disasters the FBI is the lead investigative agenc and has specialized protocols for collecting passenger and ground-casualty vict im inform ation Notices and Referrals The optim al eans of notifying and assisting crim victim will necessarily vary with the underlying offense and the victim own circum stances The anticipated needs of the victim and the likelihood of effecting actual notice should be the principal criteria for selecting the eans to be used In every case Departm ent em ployees should carefully evaluate the type of inform ation relayed and the thod of com unicating the inform ation to see that investigations are not com prom ised and that victim privacy is not inadvertently invaded Am ong the eans of notifying victim are the following a Autom ated Victim Notification System Departm ent personnel should strive to use the Autom ated Victim Notification System VNS whenever possible in cases with large num bers of victim ith VNS it is possible to send large num bers of victim an initial notification letter and to invite them either to request subsequent notifications by e-m ail or to obtain new inform ation as it develops through the VNS autom ated call center or the Internet As a general rule the VNS project will provide only one ass ailing per case en victim nam es and addresses are aintained in an electronic form at it ay be possible to transfer that inform ation directly into the system Case Document Entered on FLSD Docket Page of Electronic Mail Notice and ongoing com unications with victim in cases with large num bers of victim are also substantially facilitated by e-m ail Because e-m ail does not constitute a private and secure eans of com unication Departm ent em ployees should consider obtaining victim express consent before using e-m ail to transm it confidential com unications Especially in cases in which re personal com unication with the victim is called for such as cases involving violent crim and identity theft group e-m ail lists can ake com unication with large num bers practicable Departm ent staff can send periodic updates to the victim about case events and can answer requests for referrals to social services in an efficient anner E-m ail is also one of the best ways to com unicate with victim and witnesses in foreign countries Internet eb Sites In light of increasingly widespread access to the Internet eb sites can be created that contain inform ation concerning the progress of investigations and prosecutions Departm ent em ployees should avoid posting any inform ation on the Internet that is not for public dissem ination Inform ation that would norm ally be appropriate for a press release including the dates of a public court proceeding is generally appropriate for the Internet Depa rtm ent em ployees can place case inform ation on public agency or office eb sites at a arginal cost to the Departm ent Bridge or Conference Calls Bridge calls or conference calls allow Depar tm ent em ployees to speak to a large group of victim and witnesses in one telephone call Each victim or witness who wants to participate in the call is told the date and tim of the call and given a phone num ber and PIN At the designated tim victim and witnesses call in give their PIN and are connected to the discussion Toll-Free Telephone Num bers Budget perm itting a toll-free telephone num ber system ay be established to perm it victim to call in and receive inform ation about the status of a atter or to allow Departm ent em ployees to ake outgoing calls to the victim to alert them to a change in status Town Meetings en a crim results in a large num ber of victim who cannot be readily identified but reside in a lim ited geographic area a well-publicized town eeting a be an effective way to identify victim provide them with notice and pertinent inform ation and consult with them concerning the crim and the Governm ent investigation Public eetings ay be inappropriate for identifying or com unicating with child victim or victim of certain highly sensitive crim es Private Groups Private groups that com prise a significant num ber of victim of a particular crim ay have newsletters or other ethods of reaching their ers Som groups including those organized by court-appointed receivers or plaintiffs counsel in shareholder suits ay be willing to assist with Case Document Entered on FLSD Docket Page of preparing and dissem inating a newsletter targeted at victim or to assist in som other way Participation Technology can be helpful in enabling large num bers of victim to participate in the crim inal justice process E-m ail is one eans of collecting victim im pact statem ents from a large group located anywhere in the world The closed-circuit televising of court proceedings has been used in several large cases wit victim spread over a large geographic area If a courtroom 2s observation area is too sm all to accom odate all the victim who want to observe a proceeding Departm ent attorneys should consider advocating for oving the proceeding to a larger courtroom or providing a closed-circuit feed of the proceedings to another venue where victim can gather Departm ent attorneys should also consider advocating for the oral presentation in court of a represe ntative sam ple of victim im pact statem ents Cases Involving Juvenile Offenders Generally Victim of juvenile offenders shall be considered victim for purposes of these AG Guidelines and shall be entitled to the norm al rights and services except where Federal law specifically provides otherwise The Federal Juvenile Delinquency Act restricts the type of inform ation that ay be disclosed to victim regarding investigations and proceedings of juvenile offenders unless the juveni le has been transferred for crim inal prosecution as an adult U.S.C a Investigative Stage During the investigative stage a victim should receive the services to which he or she would norm ally be entitled but only a general statem ent about the progress of an investigation into the role of a juvenile suspect ay be disclosed Investigators and other departm ent em ployees are cautioned that the nam and other identifying data relating to a suspect who is known or believed to have been younger than when the crim occurred should not be disclosed Prosecutorial Stage Prosecutors in juvenile cases should solicit and receive victim views on appropriate disposition not only whether the prosecutor should ove to detain dism iss defer prosecution or accept a plea but also how severe a sentence is warranted Prosecutors should tell victim that presentence reports and victim im pact statem ents are not andated at dispositional hearings but that a victim ay prepare such a statem ent for the prosecutor to offer to the court Upon request prosecutors should ake reasonable efforts to assist the victim in preparing an accurate victim im pact statem ent The prosecutor ay also request that the court order the probation office to prepare a victim im pact statem ent Case Document Entered on FLSD Docket Page of Prosecutors are not perm itted to convey to the victim any prosecutorial inform ation about the progress of a juvenile proceeding unless and until the court has found the juvenile to be delinquent After a finding of delinquency Federal law explicitly perm its disclosure of inform ation about the final disposition to the victim or if the victim is deceased to the victim 2s im ediate fam ily U.S.C a Upon request a victim should be apprised of the final disposition of the case and the sentence im posed on the offender Corrections Stage A victim should not be notified when the juvenile offender in his or her case has actually been released from custody unless the victim has requested such notification I Victim Declination of Services Departm ent em ployees are required by law and under these AG Guidelines to identify victim of crim notify them of their rights and offer them services as described in these AG Guidelines Victim however are not required to exercise their rights or to accept these services and ay choose at any point in the crim inal justice process to decline to receive further services or assistance Departm ent em ployees need not provide services that victim have ade an inform ed decision to decline en a victim declines services Departm ent em ployees should attem pt to ascertain whether the victim wants to decline all future services or only one or re specific services In the latter case responsible officials should ontinue to provide services that have not been declined In any event the respo nsible official should consider properly docum enting the victim 2s inform ed declination of andatory rights and services Case Document Entered on FLSD Docket Page of ARTICLE I GUIDELINES APPLICABLE TO ALL COMPONENTS A Mandatory Reporting of Compliance i th the AG Guidelines The Director of the Office for Victim of Cr im OVC has the statutory responsibility for onitoring Justice Departm ent com pliance with the AG Guidelines U.S.C A Responsible officials shall report to the Attorn ey General through the OVC Director about their com pliance by eans of an Annual Com pliance Report containing the relevant data including the num bers of crim victim offered services requested by the OVC Director The Annual Com pliance Report shall be subm itted to OVC by February of the year following the year that is the subject of the report Performance Appraisal The annual work plans and perform ance appraisals of each appropriate Federal law enforcem ent officer supervisor investigator prosecutor corrections officer and parole official and appropriate staff of those agencies shall encom pass as a required activity im plem entation of and evaluation of adherence or nonadherence with the victim rights and victim and witnesses services provisions set forth in these AG Guidelines All investigative prosecutorial correctional and postcorrectional com ponents with responsibilities for providing rights and services to victim should include the discharge of such responsibilities am ong those com ponents criteria for reviews and evaluations Verification of the institution of this recom endation st be included in the Annual Com pliance Report Sanctions Pursuant to the Justice for All Act of U.S.C disciplinary sanctions up to and including suspension and term ination of em ploym ent ay result from a willful or wanton failure to com ply with provisions of Federal law pertaining to the treatm ent of crim victim Mandatory Training Responsible officials shall ensure that all em ployees whose prim ary responsibilities include contact with crim victim and witnesses receive a copy of these AG Guidelines and not less than hour of training concerning the Guidelines and victim and witnesses rights within days after assum ing such responsibilities Responsible officials shall also ensure that the sam em ployees undergo additional training with respect to any changes in the AG Guidelines or the law relating to victim rights within a reasonable tim after such changes take effect Case Document Entered on FLSD Docket Page of The Deputy Attorney General ay from tim to tim direct responsible officials to ensure that other Departm ent em ployees undergo additional training with respect to victim rights and these AG Guidelines Reporting Suspected Cases of Child Abuse All Federal law enforcem ent personnel have obligations under State and Federal law to report suspected child abuse All Federal em ployees should refer to their State child abuse reporting laws to determ ine the scope of the obligation in cases of suspected child abuse State laws vary substantially Som States require andatory reporting of child abuse or neglect by all persons within their boundaries others require such repo rting only from individuals engaged in expressly listed occupations en the suspected child abuse is observed on Federal lands the Federal child abuse reporting law also ap plies The Federal child abuse reporting law requires certain professionals listed below working on Federal land or in a federally operated or contracted facility in which chi ldren are cared for or reside to report suspected child abuse to an investigative agency desig nated by the Attorney General to receive and investigate such reports U.S.C A report should be ade even if the inform ation inadvertently com es to the em ployee 2s attention but not if the suspected child abuse has already been reporte and is the subject of an existing report or investigation Sanctions for Failure To Report A covered professional ile orking on Federal land or in a federally operated or contracted facility in ich children are cared for or reside learns of facts that give reason to suspect tha a child has suffered an incident of child abuse and fails to report such facts in a timely fashion shall be guilty of a Class misdemeanor U.S.C Mandated Reporters Covered Professionals Persons engaged in the following professions and activities on Federal land or in a federally operated or contracted facility are subject to the Federal child abuse reporting requirem ents a Health Care Professionals Physicians dentists edical residents or interns hospital personnel and adm inistrators nurses health care practitioners chiropractors osteopaths pharm acists optom etrists podiatrists em ergency edical technicians am bulance drivers undertakers coroners edical exam iners alcohol or drug treatm ent personnel and persons perform ing a healing role or practicing the healing arts Mental Health Professionals Psychologists psychiatrists and other ental health professionals Counselors Social workers and licensed or unlicensed arriage fam ily and individual counselors Educators Teachers teacher 2s aides or assistants school counselors and Case Document Entered on FLSD Docket Page of guidance personnel school officials and school adm inistrators Childcare rkers and Adm inistrators Law Enforcement Law enforcement personnel probation officers criminal prosecutors and juvenile rehabilitation or detention facility employees Foster Parents Com ercial Film and Photo Processors U.S.C Victim Assistance Personnel Should Report Child Abuse Victim witness personnel and others with a degree or license in social work edicine nursing ental health or a sim ilar profession ay be andatory reporters on that basis In any event Departm ent of Justice policy is that victim witness personnel should report suspected cases of child abuse as if they were a ndatory reporters under U.S.C Agencies Designated by the Attorney General To Receive Reports Reports of child abuse on Federal lands or in federally operated or contracted facili ties pursuant to U.S.C shall be ade to the local law enforcem ent agency or local child protective services agency that has jurisdiction to investigate reports of child abuse or to protect child abuse victim in the area or facility in question en no such agency has entered into a form al written agreem ent with the Attorney General to investigate such reports the FBI shall receive and investigate such reports F.R Part AG Order No Dec Reports of child abuse required by State or local law shall be ade to the agency or entity identified in accordance with that law Verbal Reports Preferred The report of suspected child abuse should be a de by a ethod best suited to giving im ediate notice usually verbally in person or by telephone or by facsim ile Reporters should docum ent their report in the sam anner that they docum ent other im portant work-related actions Responsible officials ay develop written reporting form for this purpose see U.S.C use of a form is encouraged but shall not take the place of the im ediate aking of oral reports when circum stances dictate Reports ay be ade anonym ously Reports are presum ed to have been a de in good faith and reporters are im une from civil and crim inal liability arising from the report unless they act in bad faith U.S.C Reporting in Indian Country Reporting child abuse in Indian Country is governed by U.S.C and U.S.C Health care professionals school em ployees and officials childcare providers social workers ental health professionals and counselors law enforcem ent officers probation officers workers in a juvenile rehabilitation or detention facility or persons em ployed in a public agency who are Case Document Entered on FLSD Docket Page of responsible for enforcing statutes and judicial orders are am ong those required to report reasonable suspicions that a child has been or ay reasonably be expected to be abused U.S.C a full list of andated reporters Reports are to be ade to the Federal State or tribal agency with prim ary responsibility for child protection or the investigation of child abuse within the portion of Ind ian Country involved If the report involves a potential crim and either an Indian child is involved or the alleged abuser is an Indian the local law enforcem ent agency if other than the FBI is required to ake an im ediate report to the FBI U.S.C The agency receiving the initial report is required to prepare a written rep ort describing the child the alleged abuser and the available facts relating to the abuse allegation within hours U.S.C Victim Notification System For com ponents participating in the autom ated Victim Notification System VNS victim contact inform ation and notice to victim of events described in article IV of these AG Guidelines shall absent exceptional circum stances such as cases involving juvenile or foreign victim be conducted and a intained using VNS In order for VNS to provide tim ely victim notification during the investigative prosecutorial and correctional phases of a case the responsible official st provide VNS with all necessary inform ation before transferring notification responsibilities to the next responsible offic ial Responsible officials shall ensure that em ployees with responsibilities related to VNS have received and continue to receive adequate training on the proper use of VNS As of the publication date of these AG Guidelines not all of the Departm ent 2s litigating divisions participate in VNS Regardless of whether a litigating divisio is a VNS participant however the attorney from the division who is handling the case st discharge the duties that are im posed upon a U.S Attorney under these AG Guidelines if the division is solely responsible for the case ith respect to cases handled by the Crim inal Division the responsible official from the Crim inal Division ay delegate responsibilities to the U.S Attorney in whose district the prosecution is pending pursuant to an agr eem ent between the Crim inal Division and the Executive Office for United States Attorneys EOU SA Victim Privacy Consistent with the purposes of U.S.C a Departm ent em ployees engaged in the investigation or prosecution of a crim shall respect victim privacy and dignity In particular Departm ent em ployees should use their best efforts to respect the privacy and dignity of especially vulnerable victim such as elderly or juvenile victim and victim of sex offenses or dom estic violence Em ployees with access to private victim inform ation should not reveal that inform ation to anyone who does not have a need to know it Responsible officials should take special note of the Departm ent 2s policy disfavoring the subjection of sexual assault victim to polygraph exam inations See infra art VII.B.2.b Case Document Entered on FLSD Docket Page of Although victim privacy st be respected inform ation that ay be relevant to an ongoing crim or to an ongoing investigation or prosecution of a crim should be shared with the investigating agent or prosecuting attorney Departm ent em ployees who are directly involved in providing victim services should therefore inform victim when relevant that certain inform ation pertaining to victim ay be shared am ong Departm ent em ployees and other law enforcem ent officials Case Document Entered on FLSD Docket Page of ARTICLE IV SERVICES TO VICTIMS AND WITNESSES A Investigation Stage The investigative agency 2s responsibilities begin with the report of the crim and extend through the prosecution of the case In som instances when explicitly stated the investigative agency 2s responsibility for a certain task is transferr ed to the prosecuting agency when charges are filed Designation of Responsible Officials Application of article IV.A will be the responsibility of the following officials a In the FBI the responsible official is the special agent-in-charge of he division having prim ary responsibility for conducting the investigation In the DEA the responsible official is the special agent-in-charge of he office having prim ary responsibility for conducting the investigation In the Bureau of Alcohol Tobacco Firearm and Explosives the responsible official is the special agent-in-charge of the office having prim ary responsibility for conducting the investigation In the U.S Marshals Service the responsible official is the U.S Marsh al in whose district the case is being conducted In the Office of the Inspector General the responsible official is the Inspector General Responsible officials ay delegate their responsibilities under these AG Guidelines to subordinates in appropriate circum stances but responsible officials rem ain obliged to ensure that all such delegated responsibilities are discharged Identification of Victim At the earliest opportunity after the detection of a crim at which it ay be done without interfering with an investigation the responsible of ficial of the investigative agency shall identify the victim of the crim U.S.C Prior to the filing of crim inal charges com ponents participating in the Victim Notification System VNS shall enter the nam and available contact inform ation for known victim in that system and nonparticipating com ponents shall provide the responsible prosecuting official with a list containing the nam es of and available contact inform ation for known victim In cases with large num bers of victim the list shall if practicable be provided in an electronic form at capable of being readily entered into VNS Case Document Entered on FLSD Docket Page of Description of Services a Inform ation Notice and Referral Initial Inform ation and Notice Responsible officials st advise a victim pursuant to this section at the earliest opportunity after detection of a crim at which it ay be done without interfering with an investigation To com ply with this requirem ent it is recom ended that victim be given a printed brochure or card that briefly describes their rights and the available services identifies the local service provider and lists the nam es and telephone num bers of the victim witness coordinator or specialist and other key officials Models for such brochures in several different languages are available from the Office for Victim of Crim Personal contact should be ade whenever reasonably feasible A victim ust be inform ed of a His or her rights as enum erated in U.S.C a U.S.C His or her right entitlem ent on request to the services listed in U.S.C U.S.C The nam title business address and telephone num ber of the responsible official to whom such a request for services should be addressed U.S.C The place where the victim ay receive em ergency edical or social services U.S.C A The availability of any restitution or other relief including crim victim com pensation program to which the victim ay be entitled under this or any other applicable law and the anner in which such relief a be obtained U.S.C Public and private program that are available to provide counseling treatm ent and other support to the victim U.S.C The right to ake a statem ent about the pretrial release of the defendant in any case of interstate dom estic violence violation Contact by law enforcem ent agencies with foreign nationals residing in other countries st be coordinated with the appropriate officials of the host governm ent through the FBI Legal Attach Office responsible for the country in which the foreign national resides In th im diate afterm ath of a crim against a foreign national in the United States the State Departm ent will coordinate contact through the em bassy or consulate for the country of which the victim is a citizen Case Document Entered on FLSD Docket Page of of a protection order or stalking At the earliest opportunity after detection of an interstate dom estic violence or stalking offense or violation of a protective order at which it ay be done without interfering with an investigation the responsible official of the investigative agency shall inform the victim that he or she has the right to ake a statem ent regarding the danger posed by the defendant for the purposes of determ ining pretrial release of the defendant or conditions of such release U.S.C The availability of paym ent for testing and counseling in cases of sexual assaults The responsible official of the investigative agency shall inform victim of the Attorney General 2s obligation to provide for the paym ent of the cost of up to two anonym ous and confidential tests of the victim for sexually transm itted diseases during the onths following the assault and the cost of a counseling session by a edically trained professional regarding the accuracy of such tests and the risk of transm ission of sexually transm itted diseases to the victim as a result of the assault U.S.C The responsible official should advise the victim of a sexual assault that poses a 223risk of transm ission of the Acquired Im unodeficiency Syndrom AIDS virus of the circum stances under which the court ay order that a defendant be tested for this condition The official should explain that such an order is only available after the defendant has been charged U.S.C i The availability of services for victim of dom estic violence sexual assault or stalking Responsible officials should take appropriate steps to inform victim of dom estic violence sexual assault or stalking of assistance that ay be available to them under program that have received grants from the Attorney General such as legal assistance services funded by grants under U.S.C housing assistance for child victim of dom estic violence sexual assault or stalking funded by grants under U.S.C and other sim ilar services See also art VII offering additional guidance for dealing with victim of dom estic violence sexual assault or stalking The option of being included in VNS Victim shall be notified of their opportunity to receive notification of case developm ents through VNS as well as their right to decline to be included in the VNS database Case Document Entered on FLSD Docket Page of Available protections from intim idation and harassm ent enever appropriate victim should be notified of legal protections and rem edies including protective orders that are available to prevent intim idation and harassm ent Referral The responsible official designated in paragraph shall assist the victim in contacting the person or office responsible for providing the services and relief described in paragraph U.S.C en charges are filed the responsibility for aking referrals is transferred to the responsible official in the prosecutor office Notice during the investigation During the investigation of a crim a responsible official shall provide the victim with the earliest possible notice concerning a The status of the investigation of the crim to the extent that it is appropriate and will not interfere with the investigation U.S.C A The arrest of a suspected offender U.S.C Protection From Harassm ent/Intim idation The responsible official of the investigative agency shall arrange for a victim to receive reasonable protection from a suspected offender and persons acting in concert with or at the behes of the suspected offender U.S.C Such arrangem ents ay vary from aiding a victim in changing his or her telephone num ber to the extrem easure of proposing the victim for inclusion in the Federal itness Security Program which is available to witnesses only in lim ited situations and pursuant to very stringent adm ission guidelines These AG Guidelines shall not be construed to require personal physical protection of a victim such as by bodyguards Departm ent personnel should use their discretion and sound judgm ent when assessing and discussing possible threats and security easures with victim Return of Property Held as Evidence At all tim es a responsible official shall ensure that any property of a victim that is being held for evidentiary purposes is aintained in good condition and returned to the victim as soon as it is no longer needed for evidentiary purposes U.S.C There ay be circum stances however in which a victim 2s property will inevitably deteriorate or will be dam aged through legitim ate use in the law enforcem ent process Responsible officials a consider advising victim of such circum stances when they arise Contraband shall not be returned to victim Notification to Victim and itnesses Em ployers and Creditors Upon request by a victim or witness the responsible official should assist in notifying Case Document Entered on FLSD Docket Page of The em ployer of the victim or witness if cooperation in the investigation of the crim causes his or her absence from work The creditors of the victim or witness when appropriate if the crim or cooperation in its investigation affects his or her ability to ake tim ely paym ents Upon filing of charges by the prosecutor this responsibility transfers to the responsible official of the prosecutor 2s office Paym ent for Forensic Sexual Assault Exam inations The responsible official or the head of another departm ent or agency that conducts an investigation into a sexual assault shall pay either directly or by reim bursem ent of the victim the cost of a physical exam ination of the victim and the costs of aterials used to obtain evidence The departm ent or agency conducting the sexual assault investigation shall be responsible for the cost of the exam ination unless paym ent is provided by other eans U.S.C The sexual assault victim should be inform ed that he or she ay choose to have the departm ent or agency conducting the investigation pay the cost of the exam ination directly In no case shall the victim be held responsible for paym ent of the exam ination or be required to seek reim bursem ent for the exam ination from his or her insurer Moreover in no case shall a victim of sexual assault be required to cooperate with law enforcem ent in order to be provided with a forensic dical exam ination free of charge Logistical Inform ation Victim and witnesses should be provided inform ation or assistance with respect to transportation parking childcare transl ator services and other investigation-related services Upon filing of charg es by the prosecutorial agency this responsibility transfers to the responsible fficial of the prosecutorial agency Program for Departm ent Em ployees ho Are Victim of Crim Responsible officials should ensure that Departm ent em ployees have access to an Em ployee Assistance Program as well as generally available victim assistance program Responsible officials should assist em ployees in accessing appropriate victim services Prosecution Stage The prosecution stage begins when charges are filed and continues throug postsentencing legal proceedings including appeals and collateral attacks Responsible Officials For cases in which charges have been instituted the responsible official is the U.S Attorney in whose district the prosecution is pendi ng For cases in Case Document Entered on FLSD Docket Page of which a litigating division of the Departm ent of Justice is solely responsible the responsible official is the chief of the section having responsibility or the case The Departm ent attorney handling such a case shall perform the sam duties under these AG Guidelines as are required of a U.S Attorney By agreem ent between the litigating division and EOUSA the responsible official from the litigating division ay delegate som responsibilities to the U.S Attorney in whose district the prosecutio is pending For cases in which the U.S Marshals Service is the custodial agency and is housing Federal pretrial detainees at the sam tim the offender is being prosecuted by the U.S Attorney Office the responsible official for purposes of perform ing the duties of the corrections agencies contained in article IV.C shall be the U.S Attorne in whose district the prosecution is pending Responsible officials ay delegate their responsibilities under these AG Guidelines to subordinates in appropriate circum stances but responsible officials rem ain obliged to ensure that all such delegated responsibilities are discharged Services to Crim Victim a Victim and itness Security Departm ent em ployees should consider the security of victim and witnesses in every case ere necessary prosecutors should inform the court of the threat level risk and resources available to create a reasonable plan to prom ote the safety of victim and witnesses Departm ent em ployees ay ake victim and witnesses aware of the resources that ay be available to prom ote their safety including protective orders the Em ergency itness Assistance Program the Federal itness Security Program and State and local resources Prosecutors should consider oving for pretrial detention of the accused pursuant to U.S.C when circum stances warrant it Inform ation Notice and Referrals Notice of Rights Officers and em ployees of the Departm ent of Justice shall ake their best efforts to see that crim victim are notified of the rights enum erated in U.S.C a U.S.C Notice of Right To Seek Counsel The prosecutor shall advise the crim victim that the crim victim can seek the advice of an attorney with respect to the rights described in U.S.C a U.S.C If the victim is represented statutorily andated notifications and com unications ay still be directed to the victim but the attorney for the victim should be copied on those notifications and com unications whenever it is feasible to do so For other types of com unications Departm ent attorneys and their non-lawyer staff should consult and com ply with applicable rules of professional conduct which ay regulate contact with represented persons Case Document Entered on FLSD Docket Page of Notice of Right To Attend Trial The responsible official should inform the crim victim about the victim 2s right to attend the trial regardless of whether the victim intends to ake a statem ent or present any inform ation about the effect of the crim on the victim during sentencing U.S.C a Even if the victim is to testify at trial the victim ay not be excluded from the trial unless the court finds on a record of clear and convincing evidence that the victim 2s testim ony at trial would be altered by exposure to other testim ony If the prosecution would nevertheless prefer that the victim not attend the trial the prosecutor should consider explaining to the victim the need for the victim 2s sequestration in an effort to obtain it voluntarily Notice of Case Events During the prosecution of a crim a responsible official shall provide the victim using VNS where appropriate with reasonable notice of a The filing of charges against a suspected offender U.S.C The release or escape of an offender or suspected offender U.S.C a U.S.C The schedule of court proceedings i The responsible official shall provide the victim with reasonable accurate and tim ely notice of any public court proceeding or parole proceeding that involves the crim against the victim In the event of an em ergency or other last-m inute hearing or change in the tim or date of a hearing the responsible official should consider providing notice by telephone or expedited eans This notification requirem ent relates to postsentencing proceedings as well U.S.C a ii The responsible official shall also give reasonable notice of the scheduling or rescheduling of any other court proceeding that the victim or witness is required or entitled to attend U.S.C The acceptance of a plea of guilty or nolo contendere or the rendering of a verdict after trial U.S.C If the offender is convicted the sentence and conditions of supervised release if any that are im posed U.S.C Case Document Entered on FLSD Docket Page of Inform ation about the crim inal justice system During the prosecution of a crim if the victim has provided a current address or telephone num ber a responsible official should provide the victim with general inform ation about the crim inal justice process specifically including a The role of the victim in the crim inal justice process including what the victim can expect from the system as well as what the system expects from the victim The stages in the crim inal justice process of significance to a crim victim and the anner in which inform ation about such stages can be obtained U.S.C Historical and Statutory Notes cf Pub No a and Referrals Once charges are filed the responsible official shall assist the victim in contacting the persons or offices responsible for providing the services and relief listed in article IV.A.3.a a The responsible official should take appropriate steps to inform victim of dom estic violence stalking or sexual assault about assistance that ay be available to them such as legal assistance services funded by grants under U.S.C shelter services funded by grants under the Fam ily Violence Prevention and Services Act U.S.C et seq and housing assistance for child victim funded by grants under U.S.C Refer to article VII of these AG Guidelines for additional guidance on dealing with victim of dom estic violence stalking or sexual assault The responsible official should take appropriate steps to inform im i grant victim of dom estic violence that they ay petition for im i gration protections under the Battered Im i grant Protection Act of U.S.C a Consultation ith a Governm ent Attorney In General A victim has the reasonable right to confer with the attorney for the Governm ent in the case U.S.C a The victim 2s right to confer however shall not be construed to im pair prosecutorial discretion U.S.C Federal prosecutors should be available to consult with victim about ajor case decisions such as dism issals release of the accused pending judicial proceedings when such release is for noninvestigative purposes plea negotiations and pretrial diversion Because victim are not clients ay becom adverse Case Document Entered on FLSD Docket Page of to the Governm ent and a disclose whatever they have learned from consulting with prosecutors such consultations ay be lim ited to gathering inform ation from victim and conveying only nonsensitive data and public inform ation Consultations should com ply with the prosecutor 2s obligations under applicable rules of professional condu ct Representatives of the Departm ent should take care to inform victim that neither the Departm ent 2s advocacy for victim nor any other effort that the Departm ent ay ake on their behalf constitutes or creates an attorney-client relationship between such victim and the lawyers for the Governm ent Departm ent personnel should not provide legal advice to victim Prosecutor Availability Prosecutors should be reasonably available to consult with victim regarding significant adversities they ay suffer as a result of delays in the prosecution of the case and should at the appropriate tim inform the court of the reasonable concerns that have been conveyed to the prosecutor Proposed Plea Agreem ents Responsible officials should a ke reasonable efforts to notify identified victim of and consider victim views about prospective plea negotiations In determ ining what is reasonable the responsible official should consider factors relevant to the wisdom and practicality of giving notice and considering views in the context of the particular case including but not lim ited to the following factors a The im pact on public safety and risks to personal safety The num ber of victim ether tim is of the essence in negotiating or entering a proposed plea ether the proposed plea involves confidential inform ation or conditions ether there is another need for confidentiality ether the victim is a possible witness in the case and the effect that relaying any inform ation a have on the defendant 2s right to a fair trial Separate aiting Area During court proceedings the responsible official shall ensure that a victim is provided with a waiting area rem oved from and out of the Case Document Entered on FLSD Docket Page of sight and hearing of the defendant and defense witnesses U.S.C Notification to Victim and itnesses Em ployers and Creditors Upon request by a victim or witness the responsible official should assist in notifying The em ployer of the victim or witness if cooperation in the investigation or prosecution of the crim causes his or her absence from work The creditors of the victim or witness where appropriate if the crim or cooperation in its investigation or prosecution affects his or her abili ty to ake tim ely paym ents Logistical Inform ation Victim and witnesses should be provided with inform ation or assistance with respect to transportation parking childcare translator services and other prosecution-related services Lim ited Testing of Defendants In Sexual Assault Cases U.S.C Notice and Inform ation The responsible official should advise the victim of a sexual assault that poses a 223risk of transm ission of the Acquired Im unodeficiency Syndrom AIDS virus of the circum stances under which the victim ay obtain an order that the defendant be tested for this condition and that the results be shared wi th the victim Procedure The court a order such a test when the following requirem ents have been et a The defendant has been charged The victim requests that the defendant be tested The test would provide inform ation necessary to the victim 2s health Negative Test Results If the initial test is negative and upon the requ est of the victim the court ay order followup testing and counseling on dates and onths after the initial test U.S.C The responsible official should assist the victim in requesting the followup testing and counseling when appropriate Closed-Circuit Televising of Court Proceedings in Cases Involving a Chan ge of Venue If the court changes the trial venue out of the State in which th case was initially brought to a location that is re than iles from the location in which the proceedings originally would have taken place the court sh all Case Document Entered on FLSD Docket Page of order closed-circuit televising of the proceedings to the original locat ion to perm it victim who qualify under the statute to watch the trial proceedings U.S.C In any relevant case the responsible official should using VNS where appropriate inform victim of the provision and if requested by the victim bring it to the court attention and facilitate its im plem entation In cases in which there has been no change of venue but the prosecution is occurring far from where st victim reside prosecutors should consider oving for closed-circuit transm ission of the proceedings to a forum that is re convenient for the victim i Program for Departm ent Em ployees ho Are Victim of Crim The responsible official should ensure that Departm ent em ployees who are victim of crim have access to an Em ployee Assistance Program Sentencing Proceedings and Victim Im pact Statem ents a Victim Im pact Statem ent en a defendant is convicted a responsible official should inform victim a That the U.S probation officer is required to prepare a presentence investigation report that includes a section assessing the financial social psychological and edical im pact of the crim on any individual against whom the offense was com itted Fed Crim This section is called the 223Victim Im pact Statem ent and it includes a provision on restitution About how to com unicate directly with the probation officer if they so desire A responsible official should inform the probation officer about inform ation in the Governm ent 2s possession relevant to the topics addressed in the victim im pact statem ent so that the presentence report will fully reflect the effects of the crim on victim as well as the appropriate am ount of restitution if any The responsible official shall transm it the victim im pact statem ent for an offender to the responsible official in the corrections stage Sentencing Interests of Victim Federal prosecutors should advocate for the interests of victim including child victim at the tim of sentencing including in the setting of conditions for supervised release or parol Case Document Entered on FLSD Docket Page of where applicable in a anner that is consistent with available resources and prosecutorial objectives The Right of Victim To Be Reasonably Heard If a victim or a lawful representative appearing on behalf of the victim is present and wants to ake a statem ent at the sentencing of the convicted offender the prosecutor should advocate for the victim 2s right to ake a statem ent or present inform ation in relation to the offender 2s sentence Death Penalty Cases If the Governm ent decides to seek the death penalty it st file notice with the court of its intention to do so The notice sets forth the aggravating factors that the Governm ent proposes to prove as justifying a death sentence The factors for which notice is provided ay include factors concerning the effect of the offense on the victim and the victim 2s fam ily and ay include oral testim ony a victim im pact statem ent that identifies the victim of the offense the extent and scope of the injury and loss suffered by the victim and the victim 2s fam ily and any other relevant inform ation U.S.C a a If the Governm ent files the proper notice the responsible official should notify the victim and appropriate fam ily ers of their potential opportunity to address the court during the aggravation portion of the sentencing hearing and of the date tim and place of the scheduled hearing Corrections Stage Responsible Officials For cases in which the U.S Marshals Service is the custodial agency housing Federal pretrial detainees at the sam tim the offender is being concurrently prosecuted by the U.S Attorney 2s Office the responsi ble official is the U.S Attorney in whose district the prosecution is pending For cases in whi ch BOP has becom involved the responsible official is the Director or a rden of the BOP facility where the defendant is incarcerated In proceedings relating to the revo cation of parole or the revocation of supervised release in the District of Colum bia the responsible official is the Chairm an of the U.S Parole Com i ssion Responsible officials ay delegate their responsibilities under these AG Guidelines to subordinates in appropriate circum stances but responsible officials rem ain obliged to ensure that all such delegated responsibilities are discharged Services to Victim a Notice Case Document Entered on FLSD Docket Page of Custodial Release Eligibility Inform ation A responsible official of the custodial agency shall provide the victim with general inform ation regarding the corrections process including inform ation about work release furlough probation and eligibility for each U.S.C Custodial Release Notification a As soon after trial as reasonably feasible the responsible official shall provide a victim with notice through VNS where appropriate of the i Date on which an offender will be eligible for parole and the scheduling of a release hearing if any for the offender U.S.C and A ii Escape work release furlough or any other form of release of the offender from custody U.S.C i Death of the offender if the offender dies while in custody U.S.C en the victim is an inm ate the responsible official ay take into consideration in determ ining when notice is provided the security of the offender inm ate U.S.C If there is a serious security risk in inform ing an inm ate victim of an offender 2s status the corrections agency ay tim the notice to i nim ize that risk even if the notification takes place after the event This determ ination should be ade on a case-by-case basis and should not be interpreted to prevent an inm ate victim from providing written input in any parole proceeding The notice requirem ent in this guideline applies even in cases in which a Departm ent of Justice com ponent is holding a defendant such as a deportable alien after tim served Notice Relating to the Revocation of Parole a en a proceeding relating to the revocation of parole is scheduled due to the offender 2s violation of the conditions of his parole including the com i ssion of a new crim the responsible official shall in cooperation with BOP when appropriate notify the victim of the crim for which parole or supervised release was im posed of the date and tim of the revocation proceeding Case Document Entered on FLSD Docket Page of The responsible official should also provide victim9 with the earliest possible notice of i The release or detention status of the offender ii The victim9 rights to be heard at the parole proceeding to confer reasonably with the attorney for the Governm9 ent in the case and to be treated with fairness and respect U.S.C a i If the offender is found to have violated the conditions of parole or supervised release the sentence im9 posed the conditions of release if applicable and the availability of the BOP notification program8.8 Prisoner Reentry In anticipation of the offender 2s release from8 custody the responsible official shall prepare the following a Victim9 im9 pact statem9 ent If the offender is subject to supervised release in a district other than the district in which the offender was sentenced the responsible official shall ensure that the victim9 im9 pact statem9 ent portion of the presentence investigation report is transm8.9 itted to the U.S Probation Office in the supervising district Notification No later than days prior to release of the offender the responsible official shall provide a victim9 with notice of the date of the offender 2s release the city and State in which the offender will be released and if the offender is subject to supervised release the contact inform9 ation for the supervising U.S Probation Office Note This renewed notification shall not be shared with the offender or his counsel except as otherwise required by law Separate aiting Area During parole hearings the responsible official should coordinate with the U.S Marshals Service BOP or other entity responsi ble for the relevant facilities to ensure where possible that a victim8.9 is provided with a waiting area that is rem8 oved from8 and out of the sight and hearing of the inm8 ate and the inm8 ate 2s witnesses U.S.C Case Document Entered on FLSD Docket Page of Program for Departm ent Em ployees ho Are Victim of Crim Responsible officials should ensure that Departm ent em ployees have access to an Em ployee Assistance Program To the extent possible responsible officials should assist em ployees with identity changes when they are needed to escape dom estic violence sexual assault or stalking Case Document Entered on FLSD Docket Page of ARTICLE RESTITUTION A Background 223The principle of restitution is an integral part of virtually every form al system of crim inal justice of every culture and every tim It holds that whatever else the sanctioning power of society does to punish its wrongdoers it should also ensure that the wrongdoer is required to the degree possible to restore the victim to his or her prior state of ell-being Rep No at reprinted in U.S.C.C.A.N em phasis added The Mandatory Victim Restitution Act of MVRA requires that restitution be im posed in a wide variety of circum stances and that the term of paym ent shall be the shortest time in which full payment can reasonably be made U.S.C em phasis added Other statutes also authorize the im position of restitution as part of a crim inal sentence The Justice for All Act of provides that victim have the right to 223full and tim ely restitution U.S.C a This provision does not give rise to an independent basis for seeking or awarding restitution but it underscores the sense of Congress that restitution is a critical aspect of crim inal justice Prosecutors victim witness coordinators investigators probation officers clerks of the court and financial li tigation units all share an im portant role in ensuring that victim receive full and tim ely restitution DOJ em ployees working at each stage of a crim inal case 227investigating charging negotiating plea agreem ents advocating for appropriate sentences and enforcing crim inal judgm ents ust give careful consideration to the need to provide full restitution to th victim of the offenses and should work together as authorized by law to ensure that full and ti ely restitution is paid Indeed the responsibility to pursue restitution does not end when restitution is ordered but continues until restitution has been paid or the liability to pay re stitution term inates This article describes som of the echanism for recovering full and tim ely restitution Other references including the Prosecutor 2s Guide to Criminal Monetary Penalties a be found on USABook Online Topic Restitution Statutory Framew ork Restitution as part of a crim inal sentence can be im posed only as authorized by statute Som form of restitution is authorized for virtually every Federal offense that i nflicts a recoverable loss as described in re detail below on an identifiable victim Most of the procedural guidelines governing the im position of restitution it andatory or discretionary 227appear at U.S.C Mandatory Restitution The MVRA requires courts to im pose the full am ount of restitution without regard to the defendant 2s econom ic circum stances in st of the com only prosecuted Federal offenses including virtually all Title prope rty offenses and all crim es of violence U.S.C The only exception to andatory restitution is for an offense against property with respect to which the court akes a finding from facts on the record either that a the num ber of identifiable Case Document Entered on FLSD Docket Page of victim is so large that restitution is im practicable or determ ining com plex issues of fact related to the cause or am ount of the victim losses would com plicate or prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process U.S.C In addition to offenses covered by MVRA restitution is also required in certain cases involving sexual abuse child abuse and dom estic violence U.S.C Other andatory provisions apply to failure to pay legal child support obligations U.S.C peonage slavery and hum an trafficking U.S.C and the operation of illegal tham phetam ine labs and drug labs U.S.C a The procedures for issuing restitution under these sections now atch the relevant procedures for other types of andatory restitution and restitution under the general restitution statute These procedures are set forth in U.S.C Discretionary Restitution The general restitution statute U.S.C provides that a court ay order restitution for any Title offense not covered by the a ndatory restitution provisions of U.S.C For drug offenses listed under U.S.C a and restitution a be ordered as long as the victim is not a participant Sim ilarly restitution ay be ordered in air piracy offenses unless they fall within the andatory restitution provisions of U.S.C and in any crim inal case to the extent agreed to by the parties in a plea agreem ent U.S.C a If the sentencing court finds that the com plication and prolongation of the sentencing process involved in ordering restitution outweigh the need to provide re stitution to any victim the court a decline to do so U.S.C a ii Restitution as a Condition of Probation Restitution ay also be ordered as a discretionary condition of probation and supervised release for any offe nse and it is not lim ited in such circum stances to the offenses set forth in U.S.C a and A offenses for which an order of full restitution i authorized Restitution in this context expires with the term of parole or supervision U.S.C Prosecutors should seek im position of such a condition in appropriate cases Considerations Affecting the Recovery of Restitution Charging Decisions en exercising their discretion prosecutors shall give due consideration to the need to provide full restitution to the victim of Federal crim inal offenses This discretion is also governed by the Principles of Federal Prosecution An order of 223com unity restitution for certain drug offenses a be im posed in cases in which no identifiable victim exists The am ount of such com unity restitution will be based on the am ount of the public harm caused by a defendant in accordance with guidelines prom ul gated by the U.S Sentencing Com i ssion U.S.C U.S.S.G Case Document Entered on FLSD Docket Page of which currently are published in the United States Attorney 2s Manual at Even when a Federal offense has clearly been com itted for which restitution could be im posed other considerations ay lead to a decision not to charge an offense Those considerations include but are not lim ited to whether there is a substantial Federal interest whether the person is subject to effective prosecution in anot her jurisdiction and whether there exists an adequate noncrim inal alternative to prosecution Prejudgm ent Restraint of Assets If a decision is a de to charge an offense prosecutors should consider whether it is appropriate to seek the prior restraint of those assets that will be subject to the court 2s restitution order if the defendant is convicted An injunction prior to sentencing whether voluntary or pursuant to a prope rly supported tion ay prevent the dissipation or transfer of assets for the benefit of crim victim See e.g U.S.C Conferring with Victim Victim have the reasonable right to confer with the attorney for the Governm ent in the case U.S.C a see also U.S.C 223The attorney for the Governm ent after consulting to the extent practicable with all identified victim shall prom ptly provide the probation officer with a listing of the am ounts subject to restitution Considerations in Plea Agreements In all plea discussions prosecutors st consider 223requesting that the defendant provide full restitution to all victim of all charges contained in the indictm ent or inform ation without regard to the counts to which the defendant actually pleads Pub No U.S.C note Mandatory Restitution Offenses Section of Title andates that restitution be ordered for crim es of violence for offenses against property under the crim inal code unless the court akes a special finding described in subsection of that sectio and for offenses described in U.S.C if an identifiable victim or victim suffered a physical injury or pecuniary loss Several other previously nacted statutes also a ndate restitution U.S.C and In cases that fall under these statutes the court is obligated to im pose a restitution order Nonm andatory Restitution Offenses Even when restitution is not andatory Federal prosecutors should give careful consideration to seeking full restitutio to all victim of all charges contained in the indictm ent or inform ation as part of any plea agreem ent Both Mandatory and Nonm andatory Restitution Offenses en an indictm ent contains both charges for which restitution is andatory and charges for which restitution is not andatory prosecutors should give careful consideration to requiring eit her a plea to a andatory restitution charge or an acknowledgm ent by the defendant in the plea agreem ent that a andatory restitution charge gave rise to the plea agreem ent Either step will trigger the application of the andatory restitution provisions of U.S.C U.S.C Case Document Entered on FLSD Docket Page of Application of the Sentencing Guidelines Prosecutors should be i ndful that the United States Sentencing Guidelines generally require the im position of restitution when it is authorized by law and prosecutors should not enter into agre em ents on restitution that would violate the U.S.S.G U.S.S.G USAM now published at USAM et seq Moreover prosecutors should recognize that anticipatory paym ent of restitution is a factor to be considered in determ ining 223acceptance of responsibility U.S.S.G cm Approval of Plea Agreem ents by Supervisory Attorneys Supervisory attorneys who review plea agreem ents as required by the 223Principles of Federal Prosecution US AM and assistant U.S Attorneys who draft plea agreem ents should ensure that they com ply with the law and with these AG Guidelines The Principles of Federal Prosecution list the factors that should be considered when determ ining whether to enter into a plea agreem ent These factors include am ong other considerations the effect that the plea agreem ent will have on the victim 2s right to restitution USAM Other Considerations In general plea agreem ents should require the following a Accounting of Econom ic Circum stances A defendant st provide a com plete and accurate accounting of his or her econom ic circum stances including the disposition of any illegally received funds to both the U.S probation officer a nd the prosecutor Im ediate Enforceability of Crim inal Penalties Any crim inal onetary penalties st be paid im ediately and ay be enforced im ediately prosecutors should encourage the defendant to ake paym ent toward his restitution obligation before the im position of sentence U.S.S.G cm Prepaym ent of Special Assessm ents In order to reduce the adm inistrative burden im posed on the United States Attorney 2s Office USAO the Bureau of Prisons and the clerk of the court statutorily required special assess ents should be paid prior to sentencing Restitution Procedures en seeking to have restitution im posed prosecutors st follow the procedures that are set forth in U.S.C Determ ining the Am ount of Restitution a List of Am ounts Subject to Restitution An attorney for the Governm ent is statutorily required to provide prom ptly to the probation office upon request a Case Document Entered on FLSD Docket Page of list of the am ounts subject to restitution Prosecutors should provide such a list if appropriate even when it is not requested The statute further requires the attorney for the Governm ent to consult the extent practicable with all identified victim before providing this list U.S.C Responsible officials should contact victim directly whenever practicable In cases in which direct contact is im practicable such as cases involving large num bers of victim responsible officials ay publish a notice in a anner designed to reach as any victim as possible Verification of Loss The burden of dem onstrating the am ount of the loss sustained by a victim as a result of the offense is on the Governm ent U.S.C Because the attorney for the Governm ent bears this burden the attorney should work with the investigative agent to try to verify the a ount of loss claim ed by each victim After the required consultation with the victim the attorney for the Governm ent ay ake an independent determ ination regarding the am ount of the losses that can be proved by a preponderance of the evidence and that are appropriately attributable to the defendant 2s rim inal conduct Restitution in the Full Am ount In each order of restitution the court shall order restitution to each victim in the full am ount of each victim 2s loss without regard to the econom ic circum stances of the defendant U.S.C A In other words even though restitution ay not be andatory it st be ordered in full if it is to be ordered at all Thus for purposes of discretiona ry restitution under the am ount of the loss and the defendant 2s econom ic circum stances ay be considered by the court on the issue of whether to award restitution but those factors are irrelevant to the amount of restitution ordered U.S.C a i Deferral of Final Determ ination If the victim 2s or victim losses cannot be determ ined at least days prior to sentencing the attorney for the Governm ent or the probation officer should so inform the court and a date for final determ ination of the losses ay be set for up to days after the sentencing U.S.C Am ended Restitution Orders Even after a final determ ination of restitution a victim ay petition the court for an am ended restitution order within days after discovering additional losses A showing of good cause for failure to include such losses in the initial claim is required before such an order can be granted U.S.C Case Document Entered on FLSD Docket Page of Fine as Im pairm ent of Restitution A fine shall be im posed only to the extent that it would not im pair the defendant 2s ability to ake restitution to a victim other than the United States U.S.C Report of the Probation Officer After the attorney for the Governm ent gives the probation officer the list of the am ounts subject to restitution the probation officer is required to include in the presentence report or another re port if a presentence report is not prepared a com plete accounting of losses to each victim any restitution owed pursuant to a plea agreem ent and inform ation relating to the econom ic circum stances of each defendant Each defendant is required to provide to the probation officer with an affidavit describin his or her financial resources including a com plete list of all assets owned or controlled as of the date on which the defendant was arrested the finan cial needs and earning ability of the defendant and the defendant 2s depend ents and such other inform ation as the court ay require U.S.C If the num ber or identity of the victim cannot be ascertained or other circum stances ake it im practicable for the probation officer to com plete the report for the court the probation officer will so inform the court U.S.C a Notice to Victim Probation officers are responsible for notifying all identified victim of The offense of which the defendant was convicted The am ounts subject to restitution that were subm itted to the probation officer The victim opportunity to subm it inform ation to the probation officer concerning the am ount of their losses The scheduled date tim and place of the sentencing hearing The availability of a lien in favor of the victim pursuant to U.S.C The victim opportunity to com plete and file with the probation officer separate affidavits on a form provided by the probation officer relating to the am ount of their losses subject to restitution The statute perm its the prosecutor 2s office to coordinate with the probation office in a king such notices and responsible officials should assist in providing this notice in whatever way possible Much of this inform ation should be provided to the victim through VNS U.S.C Case Document Entered on FLSD Docket Page of i Additional Docum entation After reviewing the probation officer 2s report the court ay require additional docum entation or hear testim ony U.S.C These proceedings ay be done in cam era for privacy and are governed only by Fed Crim i chapter sentences and chapter iscellaneous sentencing provisions U.S.C Paym ent Provisions The attorney for the Governm ent should advocate im ediate paym ent of restitution unless the interests of justice require otherwise U.S.C If the court finds that the interests of justice so re quire the court ay provide for paym ent on a date certain or in installm ents U.S.C If the court does not require im ediate paym ent the length of tim over which scheduled paym ents are ade shall be the shortest tim in which full paym ent can reasonably be a de U.S.C Except in extraordinary circum stances prosecutors should request that the court order a paym ent schedule that requires a defendant to pay restitution to the full extent of his or her financial ability Prosecut ors should not agree to a paym ent plan that precludes enforcem ent pursuant to U.S.C Change in Defendant 2s Econom ic Circum stances A restitution order st provide that the defendant notify the court and the Attorney General through the Un ited States Attorney Office of any a terial change in econom ic circum stances that i ght affect his or her ability to pay restitution U.S.C This requirem ent should be in effect only for as long as the defendant rem ains liable for paym ent of restitution Victim and the United States ay also notify the court of any change in the defendant 2s econom ic condition U.S.C After receiving notice of any a terial change in the defendant 2s econom ic circum stances the U.S Attorney 2s Office st then notify all of the victim of this change in circum stances and st certify to the court that the victim have been notified After receiving this notification the court ay adjust the repaym ent schedule sua sponte or on the tion of any party U.S.C If an incarcerated defendant who is obligated to pay restitution receive 223substantial resources from any source the defendant is required to apply the value of the resources to any unpaid restitution or fine U.S.C During their incarceration inm ates who are liable for restitution should be encouraged to participate in program that enhance their incom and financial responsibility Sentencing en the court im poses a restitution obligation the prosecutor should seek to ensure tha the victim are clearly identified and that the am ount due as restitution to each victim is clearly specified If applicable the court should also clearly specify joint an several liability and the order of distribution am ong victim Case Document Entered on FLSD Docket Page of Additionally victim have the right be reasonably heard at any public proceeding in the district court involving sentencing U.S.C a which would include restitution en re than one defendant is liable for restitution prosecutors should ordi narily seek the im position of joint and several liability U.S.C However when the defendant had only a i nim al role in the offense the defendant has provided exceptional cooperati on or the adm inistration of the restitution obligation would be re efficient if the extent of a defendant 2s liability is lim ited the prosecutor ay recom end to the court that liability be apportioned or lim ited as long as the net result is that each victim is entitled to receive full restitution from som com bination of the defendants In lim ited circum stances the court ay determ ine that even though full restitution is authorized the im position of full restitution is not required because there are too any victim or unduly com plex issues of fact that outweigh the need to provide restitution This exception does not apply to crim es of violence U.S.C en this exception does apply the prosecutor should nevertheless seek restitutio for the benefit of the victim to the extent practicable If paym ent in full cannot be ade at the date of sentencing prosecutors should still seek to ensure that paym ent is ade in the shortest tim in which full paym ent can reasonably be a de U.S.C Paym ent plans should not lim it the ability of the United States or the victim to im ediately and fully enforce the restitution obligation using all available rem edies authorized by law Enforcement of Restitution Pursuant to of MVRA Pub No codified as a note under U.S.C the Attorney General was directed to issue guidelines to ensure that 223orders of restitution ade pursuant to the am endm ents ade by this subtitle the MVRA are enforced to the fullest extent of the law Restitution owed to victim of crim es is a critical part of the crim inal judgm ent The prim ary eans to enforce restitution obligations are found in U.S.C and U.S.C In addition State law a be used to enforce an order of restitution Enforcem ent by the United States Orders of restitution im posed under MVRA st be enforced to the fullest extent of the law Restitution owed to victim of crim es is a critical part of the crim inal judgm ent The Financial Litigation Units in the U.S Attorneys Offices should take all steps possible to help ensure that this oney is collected and that victim of crim are fully com pensated for their losses All prosecutors and victim witness coordinators should support the i ssion of crim inal debt collection Cooperation and coordination with the Financial Litigat ion Unit is in fact part of the perform ance appraisal of crim inal assistant U.S Attorneys Case Document Entered on FLSD Docket Page of Each U.S Attorney st develop and a intain a randum of understanding or plan which shall include a policy for addressing both the im position and enforcem ent of restitution obligations The Executive Office for United States Attor neys will provide a suggested odel randum of understanding The randum of understanding should address the role of the prosecutors probation offi cers victim witness assistance coordinators Asset Forfeiture Unit and Financial Li tigation Unit Each USAO should establish a priority schem to ensure that the st im portant and collectible restitution obligations receive priority attention Aggressive Efforts To Enforce Restitution The liability to pay a fine or restitution issued under MVRA lasts years plus any period of incarceration or unt il the death of the defendant U.S.C Absent a court-ordered stay on appeal a defendant who fails to pay restitution that is due im ediately or defaults on a paym ent plan should be aggressively pursued for collection of the debt Under MVRA rim inal defendants have very lim ited property that is exem pt from seizure The only property that is exem pt from enforcem ent is som of the sam property that is exem pt from an IRS levy for taxes U.S.C a Filing of Liens An order of restitution is a lien in favor of the United States on all property and rights to property of the person fined as if it were liabil ity for unpaid taxes U.S.C To guarantee enforcem ent to the fullest extent of the law a lien should be filed by the United States in all cases in which restitut ion is ordered to a non-Federal victim and not im ediately paid For Federal victim a lien should be filed in all cases in which restitution is ordered in an am ount greater than and not im ediately paid Notice to Victim of Certain Proceedings Victim are entitled to notice of postjudgm ent public court enforcem ent proceeding U.S.C a The right to notice does not apply to non-court proceedings such as depositions ot conducted before a judge nor does the right to notice apply to uncontested tions or orders that do not require a hearing For exam ple notice is not required for the entry of an uncontested Garnishm ent Disposition Order even if the local practice is that such orders are only entered when the judge is actually on the bench as oppos ed to in cham bers Each U.S Attorney Office should devise a procedure for ensuring that victim receive proper and tim ely notice such as through VNS Discovery of Assets Additionally discovery of the debtor 2s assets should be pursued to include but not lim ited to the following reviewing the presentence report for asset inform ation requesting a financial statem ent or com pleted interrogatories from the debtor regarding assets and liabilities or in the case of an incarcerat ed debtor consulting with the assigned case anager regarding assets and liabilities inquiring whether any victim have inform ation about the debtor 2s assets requesting asset inform ation from the prosecutor and case agent and researching online property locator services available to the Financial Litigation Unit Case Document Entered on FLSD Docket Page of Further Investigation In cases in which the U.S Attorney 2s Office has reason to believe that the debtor ay have assets based on the inquiries and research set forth above or other inform ation a credit report should be obtained and where practicable the deposition of the defendant or other parties who a have knowledge of the debtor 2s assets should be conducted Default If it is discovered that a defendant who has defaulted on paym ent of restitution has the ability to pay a default hearing under U.S.C or resentencing pursuant to U.S.C should be considered All enforcem ent rem edies including those under the Federal Debt Collection Procedures Act U.S should be pursued including garnishm ent of the debtor 2s wages execution of the debtor 2s nonexem pt property and filing of a fraudulent transfer action A victim ay be entitled to notice see paragraph under this subsection A vi ctim a also be entitled to be heard under U.S.C a if the public proceeding is deem ed to involve sentencing Enforcem ent Proceedings All enforcem ent proceedings st be in accordance with the law and justice Thus for exam ple garnishm ents should not issue against property that is clearly exem pt under U.S.C Crim inal actions for nonpaym ent should only be initiated when the defendant 2s failure to pay is willful Enf orcem ent actions should not be taken that will ake a defendant a public charge or absent circum stances approved by the U.S Attorney deprive the defendant 2s dependents of a residence A debtor is not entitled to use stolen oney to provide him self a residence Enforcem ent actions should ake econom ic and adm inistrative sense Victim ay be entitled to notice and an opportunity to be heard in accordance with U.S.C a and a also see paragraph and of this subsection Enforcem ent for Debtors ho Are Under Supervision by the Probation Office Enforced collection rem edies should only be used against debtors under the supervision of the probation office after consultation with that office Interaction Betw een Restitution and Asset Forfeiture Governm ent attorneys prosecuting civil or crim inal forfeiture cases should assist crim victim in obtaining restitution in the following anner If a defendant has sufficient assets to pay im ediately the restitution order without using property forfeitable to the Governm ent the defendant st use those assets not the forfeitable property to satisfy the restitution order If a defendant does not have sufficient assets to pay im ediately the restitution order without using forfeitable property however the Gover nm ent ay use the procedural provisions of the forfeiture statutes to preserve and recover forfeitable property and to apply such property toward satisfaction of the restitution order Case Document Entered on FLSD Docket Page of There are essentially three anners in which the United States can use assets seized for forfeiture to satisfy a defendant 2s restitution obligations petition for rem ission petitions for restoration and in som cases direct transfers prior to forfeiture The first thod for com pensating victim is through a Petition for Rem ission C.F.R et seq Petitions for Rem ission are subm itted by each individual victim to the Departm ent of Justice 2s Asset Forfeiture and Money Laundering Section AFML This option is particularly useful when there are victim of offenses that underlie civil forfeitures but no com panion crim inal case and thus no order of restitution It is also useful in cases that involve only corporate entities The second ethod for com pensating victim is through a Petition for Restoration Department of Justice Forfeiture Policy Directive 227Guidelines and Procedures for Restoration of Forfeited Property to Crime Victims via Restitution in Li eu of Remission allows AFMLS to restore crim inally forfeited assets to victim who are nam ed in a judicial restitution order The U.S Attorney Office subm its the Petition for Restoration on behalf of victim by certifying that the victim nam ed in the court 2s restitution order eet the criteria for restoration under the policy This option is particularly useful whe ltiple victim have incurred only econom ic losses when the interest of third-party claim ants st be determ ined or when property would be best liquidated by using asset forfeitur procedures The third ethod for com pensating victim is through the term ination of forfeiture proceedings before a final order of forfeiture is entered At the reques of the United States the district court ay order that funds seized but not finally forfeited to the United State be paid to the clerk of the court toward the satisfaction of the defendant restitution obligation This option is particularly useful when the assets seized are liquid and when there are no third-party claim ants I Limitation on Liability These AG Guidelines are issued in conform ance with the statutory requirem ents of MVRA Pursuant to that Act nothing in or of Title and arising out of the application of those sections and therefore noth ing in these AG Guidelines shall be construed to create a cause of action not otherwise authorize in favor of any person against the United States or any officer or em ployee of the United States U.S.C Case Document Entered on FLSD Docket Page of ARTICLE VI GUIDELINES FOR CHILD VICTIMS AND CHILD WITNESSES A Statement of Purpose These guidelines are intended to guide every Justice Departm ent law enforcem ent officer investigator prosecutor victim witness professional and staff er in the proper and appropriate treatm ent of child victim and witnesses At all tim es Departm ent personnel should be aware of the traum a child victim and witnesses experience when they are forced to relive the crim during the investigation and prosecution of a crim inal case particularly while they are testifying in court A prim ary goal of such officials therefore shall be to reduce the traum a to child victim and witnesses caused by their contact with the crim inal justice system To that end Departm ent personnel are required to provide child victim with referrals for services and should provide child witnesses with such refe rrals The basic victim rights laws discussed elsewhere in these AG Guidelines apply equally to child victim In addition Congress has enacted laws that specifically address the issues raised by children 2s participation in the crim inal justice process Congress enacted the Victim of Child Abuse Act of VCAA in response to an alarm ing increase in reports of suspected child abuse a de each year To address this nationwide em ergency the VCAA requires certain professionals to report suspected cases of child a buse under Federal jurisdiction and am ends the United States Crim inal Code to ensure protection of children 2s rights in court and throughout the crim inal justice system U.S.C Article VI of these AG Guidelines shall serve to ensure full im plem entation of VCAA by all investigative prosecutorial and correctional com ponents of the Departm ent of Justice Guidelines dealing with the reporting of suspected child abuse appear in article I.E General Guidelines Privacy Protections for Child Victim and itnesses a Confidentiality of Inform ation Departm ent personnel should scrupulously protect children 2s privacy in accordance with U.S.C and these AG Guidelines Departm ent personnel connected with a crim inal proceeding involving a child victim or witness shall keep all docum ents that disclose the nam or any other inform ation concerning the child in a secure place and shall disclose the docum ents only to persons who by reason of their participation in the proceed ing have reason to know the inform ation U.S.C Filing Under Seal Any Departm ent em ployee filing papers in court that disclose the nam of or any other inform ation concerning a child shall file the papers under seal See procedure described in U.S.C Motion To Render Nonphysical Identifying Inform ation Inadm issible Federal prosecutors should consider oving in any prosecution under chapter or section of Title for an order that the nam address social security Case Document Entered on FLSD Docket Page of num ber and other nonphysical identifying inform ation other than the age or approxim ate age of any i nor who is depicted in any child pornography shall not be adm issible and a be redacted from otherwise adm issible evidence U.S.C Protective Orders Federal prosecutors should seek protective orders whe never necessary to protect the privacy of a child Prosecutors should be aware that 223any person a seek such an order U.S.C see also U.S.C describing protective orders in the context of vi deotaped depositions Sanctions for Violating the Disclosure Rules A knowing or intentional iolation of the privacy protection accorded children in U.S.C is a crim inal contem pt punishable by not re than one year 2s im prisonm ent or fine or both U.S.C Disclosure to Certain Persons Title U.S.C does not prohibit disclosure of a child 2s nam or other inform ation about the child to the defendant the attorney for the defendant and others listed in the statute including anyone to whom in the opinion of the court disclosure is necessary to the welfare and well-be ing of the child U.S.C Guardian ad Litem a Appointm ent To protect the best interests of the child the court ay appoint a guardian ad litem for a child who was a victim of or a witness to a crim involving abuse or exploitation U.S.C Although U.S.C by its term applies only to cases in which a child is a victim of or witness to abuse or exploitation prosecutors should consider whether oving for the appointm ent of a guardian ad litem would be appropriate in any case in which a child is a victim of or a witness to a crim Attendance at Proceedings The court-appointed guardian ad litem ay attend all the depositions hearings and trial proceedings in which a child partic ipates and a ke recom ndations to the court concerning the welfare of the child U.S.C Access to Docum ents The guardian ad litem ay have access to all reports evaluations and records except attorney 2s work product necessary effectively advocate for the child Because of the grand jury secrecy provisions con tained in Fed Crim the extent of a guardian ad litem 2s access to grand jury aterials is lim ited to the access routinely provided to victim and their representatives U.S.C Case Document Entered on FLSD Docket Page of Duties The guardian ad litem shall arshal and coordinate the delivery of resources and special services to the child U.S.C Testim ony The guardian ad litem shall not be com pelled to testify in any court action or proceeding concerning any inform ation or opinion received from the child in the course of serving as a guardian ad litem U.S.C Extension of Child Statute of Lim itations The statute of lim itations for offenses involving the sexual or physical abuse of a child under the age of ye ars is extended for the life of the child U.S.C Multidisciplinary Child Abuse Team a Definition and Purpose A ltidisciplinary child abuse team is a professional unit com posed of representatives from health social service law enforcem ent and legal service agencies to coordinate the assistance needed to handle cases of child abuse U.S.C a The purpose of ltidisciplinary team is to aintain the credibility and reliability of the child 2s testim ony as well as to onitor the child 2s safety and well-being throughout the case The goals of the ltidisciplinary team are to i nim ize the num ber of interviews to which the child is subjected to reduce the risk of suggestibility in the interviewing process to provide needed services to the child and to onitor the child 2s safety and well-being Consultation with Multidisciplinary Child Abuse Team A ltidisciplinary child abuse team shall be used when it is feasible to do so U.S.C Departm ent personnel should use existing ltidisciplinary team in their local com unities Law enforcem ent personnel are encouraged to bring other professionals onto the team Local laws and guidelines concerning the team ay vary and Federal personnel should becom fam iliar with the local provisions If no ltidisciplinary team is in place in a particular com unity Departm ent personnel should develop a team if in their judgm ent it is feasible to do so Role of Multidisciplinary Child Abuse Team The role of the ltidisciplinary child abuse team shall be to provide services that the ers of the team in their professional roles are capable of providing including Case service coordination and assistance including the location of services available from public and private agencies in the com unity U.S.C This includes child support services court schools for children and sim ilar services Medical diagnoses and evaluation services including provision or interpretation of x-rays laboratory tests and related services as nee ded and docum entation of findings U.S.C A Case Document Entered on FLSD Docket Page of Telephone consultation services in em ergencies and in other situations U.S.C Medical evaluations related to abuse or neglect U.S.C Psychological and psychiatric diagnoses and evaluation services for the child parent or parents guardian or guardians or other caregivers or any other individual involved in a case with a child victim or witness U.S.C Expert edical psychological and related professional testim ony U.S.C Training services for judges litigators court officers and others tha are involved in child victim and child witness cases in handling child victim and child witnesses U.S.C Investigation/Forensic Interview ing of Child Victims and Witnesses Particularly in cases of child abuse evidence from edical exam inations and forensic interviews of children ay provide the only corroboration for a successful prosecution of the case Medical exam inations provide docum entation of the event and injuries and forensic interviews gather factual inform ation from a child to determ ine if the subject was the victim of a crim or witnessed a crim against another person The forensic interview should be appropriate for the age and developm ental level of the subject but it should not be confused with a therapeutic interview that is conducted for the purpose of design ing treatm ent for and providing treatm ent to a child Referral for Medical Exam The first investigator responding to a report of child abuse or sexual abuse shall refer the child victim for an em ergency edical exam ination Forensic Interviewing Procedures To Reduce Traum a to Children enever possible interviews of child victim and witnesses should be conducted by personnel properly trained in the techniques designed to best elicit truthful inform ation from a child while i nim izing additional traum a to the child Prosecutions Involving Child Victims and Child Witnesses Closing the Courtroom en a child testifies the court ay order the exclusion from the courtroom of all persons including ers of the press who do not have a direct interest in the case Such an order ay be ade if the court determ ines on the record that requiring the child to testify in open court would cause substantia psychological harm to the child or would result in the child 2s inability to com unicate effectively An order to close the courtroom shall be narrowly tailored to serve the Governm ent 2s specific com pelling interest Federal prosecutors should consider consulting an expe rt Case Document Entered on FLSD Docket Page of when evaluating whether testifying in open court ay cause a child 223substantial psychological harm U.S.C Speedy Trial In a proceeding in which a child is called to give testim ony the court ma sua sponte or on a tion by the attorney for the Governm ent or a guardian ad litem designate the case as being of special public im portance Attorneys for the Governm ent should consider oving the court to ake such a designation in any case involving a child witness for the Governm ent In cases so designated the court shall expedite the proceeding and ensure that it takes precedence over any oth er The court shall ensure a speedy trial to i nim ize the length of tim the child st endure the stress of involvem ent with the crim inal justice process en deciding whether to grant a continuance the court shall take into consideration the age of the ch ild and the potential adverse im pact the delay ay have on the child 2s well-being The court shall a ke written findings of fact and conclusions of law when granting a conti nuance in cases involving a child U.S.C Stay of Civil Action If at any tim that a cause of action for recovery of com pensation for dam age or injury to the person of a child exists a crim inal action is pending which arises out of the sam occurrence and in which the child is the victim the civil action shall be stayed until the end of all phases of the crim inal justice action and any ention of the civil action during the crim inal justice proceeding is prohibited A crim inal action is pending until its final adjudication in the trial court U.S.C Com petency a Presum ption A child is presum ed to be com petent U.S.C see also Fed Evid Requirem ents of itten Motion and Com pelling Reasons The court a conduct a com petency exam ination of a child witness only upon written tion and offer of proof of incom petency by a party To hold an exam ination the court st determ ine on the record that com pelling reasons exist A child 2s age alone is not a com pelling reason Psychological and psychiatric exam inations to assess the com petency of a child witness shall not be ordered without a showing of com pelling need U.S.C Conduct of the Exam ination A com petency exam ination regarding a child witness shall be conducted out of the sight and hearing of a jury Only persons listed in U.S.C are perm itted to be present Direct exam ination of the child shall norm ally be conducted by the court on the basis of questions subm itted by the attorney for the Governm ent and the attorney for the defendant including a party appearing pro se The court ay perm it an attorney but not a party appearing pro se to exam ine a child directly on com petency if the court is satisfied that the child will not suffer em otional traum a as a result of the exam ination Federal prosecutors should consider Case Document Entered on FLSD Docket Page of aking this request of the court because in any instances questioning by a fam iliar person ay be less traum atic for the child Prosecutors should however be aware that defense attorneys likewise ay ake such a request U.S.C Questions asked shall be appropriate to the age and developm ental level of the child shall not be related to the issues at trial a nd shall focus on determ ining the child 2s ability to understand and to answer sim ple questions U.S.C Adult Attendant A child testifying at or attending a judicial proceeding has the right to be accom panied by an adult attendant to provide em otional support for the child U.S.C i The statute perm its the court at its discretion to allow the adult attendant to rem ain in close physical proxim ity to or in contact with the child while the child testifies The court ay allow the adult attendant to hold the child 2s hand or allow the ch ild to sit on the adult attendant 2s lap throughout the course of the proceeding Th adult attendant shall not provide the child with an answer to any question directed to he child during the course of the child 2s testim ony or otherwise prom pt the child The im age of the adult attendant for the tim the child is testifying by closed-circuit television or being deposed shall be recorded on videotape contem poraneously with the im age of the child Federal prosecutors should inform children and their guardians of this right and facilitate its im plem entation U.S.C i Testim onial Aids The court ay perm it a child to use anatom ical dolls puppets drawings annequins or any other dem onstrative device the court deem appropriate for the purpose of assisting a child in testifying U.S.C Federal prosecutors have a wide variety of dem onstrative devices to choose from to assist children in testifying Prosecutors should use their sound judgm ent in deciding which device to use Som devices such as anatom ical dolls should be used only after training on their proper use and careful consideration of the case law egarding their use Alternatives to Live In-Court Testim ony by Child Victim a Reasons A Federal statute perm its prosecutors to use live testim ony by closed-circuit television and videotape depositions as alternatives to ive in-court testim ony from child witnesses in cases involving offenses against children when the court finds that the child is unable to testify in op en court for any of the following reasons The child is unable to testify because of fear There is a substantial likelihood established by expert testim ony that the child would suffer em otional traum a from testifying Case Document Entered on FLSD Docket Page of The child suffers a ental or other infirm ity Conduct by defendant or defense counsel causes the child to be unable to continue testifying U.S.C i iv and i I IV Notwithstanding the foregoing statutory authority prosecutors should be aware that constitutional constraints arguably require three criteria to be sa tisfied before any alternative to live in-court testim ony can be used In-court testim ony would traum atize the child witness The traum a would result from the presence of the defendant The traum a would render the child witness unable to com unicate See Maryland Craig U.S cf Crawford Washington U.S Som Federal appellate courts have held as ch See e.g United States Bordeaux F.3d 8th Cir reversing a conviction obtained by way of two-way closed-circuit testim ony from a child victim because the district court had failed to find that the child 2s ar of the defendant was the dom inant reason for her inability to testify in open court Prosecutors should therefore consider seeking to establish the presence of these three factors on the record before relying on alternatives to live in-c ourt testim ony ho May Apply In a proceeding involving an alleged offense against a chi ld the following persons ay apply to the court for an order for an alternative to live in-court testim ony the attorney for the Governm ent the child 2s attorney a guardian ad litem and the child 2s parent or legal guardian videotaped depositions only U.S.C A and A Child Victim Live Testim ony by Two-W ay Closed-Circuit Television Tim ing The person seeking the order shall apply for the order at least days before the trial date unless the court finds on the record that th need for such an order was not reasonably foreseeable Prelim inary Findings The court shall support a ruling on the child 2s inability to testify with findings on the record In determ ining whether the im pact on an individual child of one or re of the factors or reasons listed in paragraph above is so substantial as to justify an order allowing testim ony by closed-circuit television the court ay question the child in cham bers or at som other com fortable place other Case Document Entered on FLSD Docket Page of than the courtroom on the record for a reasonable period of tim with the child attendant the prosecutor the child 2s attorney the guardi an ad litem and the defense counsel present Conduct of the Televised Proceeding If the court orders the taking of the child 2s testim ony by closed-circuit television the attorney for the Governm ent and the attorney for the defendant not including a defendant appearing pro se shall be present in a room outside the courtroom with the child and the child shall be subjected to direct and cross-exam ination The only other persons who ay be perm itted in the room with the child during the child 2s testim ony are the child 2s attorney or guardian ad litem persons necessary to operate the closed-circuit television equipm ent a judicial officer appointed by the court and other persons whose presence is determ ined by the court to be necessary to the welfare and well-being of the child including an adult attendant as described in U.S.C i The child 2s testim ony shall be transm itted by closed-circuit television into the courtroom for viewing and hearing by the defendant jury judge and public The defendant shall be provided with the eans of private contem poraneous com unication with the defendant 2s attorney during the testim ony The closed-circuit television transm ission shall relay the defendant 2s im age and the voice of the judge into the room in which the child is testifying U.S.C Videotape Deposition of Child Victim A court ay issue an order that a deposition be taken of the child 2s testim ony and that the deposition be recorded and preserved on videotape If at the tim of trial the court finds that the child is unable to testify for the reasons set out above the court ay adm it into evidence the child 2s videotaped deposition in lieu of the child 2s testifying at the trial U.S.C Prelim inary Finding Upon receipt of an application for a videotaped deposition the court is required to ake a prelim inary finding regarding whether at the tim of trial the child is likely to be unable to testify in open court in the physical presence of the defendant jury judge and public for any of the reasons listed in above If the court finds hat the child is likely to be unable to testify in open court for any of the se reasons the court shall order that the child 2s deposition be taken a nd preserved by videotape Conduct of the Deposition The trial judge shall preside at the videotap deposition of a child and shall rule on all questions as if at trial Th only other persons who ay be perm itted to be present at the proceeding are the attorney for the Governm ent the attorney for the defendant the child 2s attorney or guardian ad litem persons necessary to operate the Case Document Entered on FLSD Docket Page of videotape equipm ent the defendant subject to U.S.C iv and other persons whose presence is determ ined by the court to be necessary to the welfare and well-being of the child including an adult attendant as described in U.S.C i Defendant 2s Rights The defendant shall be afforded the rights applicable to defendants during trial including the right to an attorne the right to be confronted with the witness against the defendant and he right to cross-exam ine the child U.S.C i and iv Procedures for Handling and Preserving the Videotape Procedures for handling and preserving the child 2s videotape deposition are listed i U.S.C and Protective Order In connection with the taking of a videotaped deposition the court ay enter a protective order to protect the privacy of the child U.S.C Victim Im pact Statem ent The directives concerning victim im pact statem ents appearing elsewhere in these AG Guidelines apply equally to cases in which children are victim U.S.C a see supra art IV.B.3.a Responsible officials should obtain and report to the probation officer accurate inform ation concerning a child 2s victim ization Children can prepare victim im pact statem ents Child victim im pact statem ents should be in an age-appropriate form at that perm its the child to express his or her views concerning the personal conseq uences of his or her victim ization at a level and in a form of com unication com ensurate with his or her age and ability To provide the probation officer with the st useful and accurate inform ation possible responsible officials should request inform ation from the ltidisciplinary child abuse team and other appropriate sources to determ ine the im pact of the offense on the child victim and any other children who a have been affected Sentencing A Federal prosecutor 2s responsibility for advocating the interests of victim at sentencing includes child victim Fed Crim see also supra art IV.B.3.b As with adult victim at the earliest opportunity and within sufficient tim for the victim to prepare a statem ent that can be presented at sentencing the responsible official should notify the victim by available and reasonable eans of the victim 2s right to address the court at sentencing and of the date tim and place of the scheduled hearing If the victim is present and if the victim wants to ake a statem ent at the sentencing the prosecutor should advise the court of the right of a vic tim to be reasonably heard at the sentencing hearing U.S.C a Case Document Entered on FLSD Docket Page of Regardless of whether the victim is present the right of allocution defined above ay be exercised instead by a parent or legal guardian of the victim who is present at the sentencing hearing if the victim is below the age of years or is incom petent If the victim is deceased or incapacitated this right of allocution by the victim ay be exercised by one or re fam ily ers or relatives designated by the court and present at the sentencing hearing U.S.C Case Document Entered on FLSD Docket Page of ARTICLE VII GUIDELINES FOR VICTIMS OF DOMESTIC VIOLENCE SEXUAL ASSAULT OR STALKING ith the passage of the Violence Against Act VAW A in Congress recognized that victim of dom estic violence sexual assault or stalking have special needs VAW A recognized the devastating consequences that violence has on victim fam ilies and society as a whole and acknowledged that these crim es require specialized responses to address unique barriers that prevent victim from seeking assistance and redress through the justice system A Statement of Purpose These guidelines are intended to provide guidance on the special needs victim of dom estic violence sexual assault or stalking Although the basic victim rights laws and policies discussed elsewhere in these guidelines apply equally to victim of dom estic violence sexual assault or stalking this section focuses on provision that are of particular im portance for victim of these crim es These crim es often cause ental and em otional traum a as well as physical injury It ay be re difficult for victim to report these crim es because of the associated social stigm a and because the victim often have an ongoing relationship with the offender In addition these crim es are generally com itted for the purpose of exerting power and control over the victim These victim are in great danger of future violence after reporting and during the investigation and prosecu tion of the case Appropriate responses in these cases can save lives prevent future viol ence and prom ote victim recovery For these reasons Departm ent personnel involved in investigating and prosecuting cases involving dom estic violence sexual assault or stalking should ake victim safety a high priority Although these crim es are com only referred to as 223violence against wom en because the ajority of victim are wom en these guidelines apply to all victim regardless of gender General Guidelines Victim Declination of Services Victim are not required to accept services and ay choose to decline to receive further services en victim do so Departm ent personnel should determ ine specifically what inform ation and services the victim wants to forgo In addition Departm ent personnel should ensure that victim are aking an inform ed decision about the rights and services available to them See supra art II.I Privacy Protections for Victim of Dom estic Violence Sexual Assault or Stalking As discussed in article I.G Departm ent em ployees should use their best efforts to respect the privacy and dignity of especially vulnerable victim including victim of dom estic violence sexual assault or stalking In sexual assault cases special consideration should be given to the appropriateness of using two types of evidence a Evidence about a victim 2s past sexual behavior or alleged sexual predisposition is generally inadm issible in court Prosecutors should be aware of this evidentiary rule and use it when appropriate Fed Evid Case Document Entered on FLSD Docket Page of Policy Disfavoring Polygraphs of Sexual Assault Victim Departm ent em ployees should not request that sexual assault victim take a polygraph except in extraordinary circum stances Services for Victim of Dom estic Violence Sexual Assault or Stalking at the Investigation Stage In addition to providing the services covered elsewhere in these AG Guidelines see supra art IV.A.3 responsible officials at the investigative stage should when appropriate give particular consideration to providing the following services to victim of dom estic violence sexual assault or stalking a Assistance in Developing a Safety Plan A safety plan is an individualiz ed plan developed by victim of crim to reduce the threats of harm that they and ers of their fam ily face Safety plans include strategies to reduce the risk of physical violence and harm such as obtaining a protective order and strategies to aintain basic hum an needs such as housing and incom despite the disruption caused by the victim ization including relocation loss of em ploym ent and physical injury Victim ay require and responsible officials should consider providing assistance in identifying potential risks to safety and well-being options for addressing those risks and the types of services and support that ay be required from the crim inal justice system and providers of com unity-based victim services Referrals to and Assistance in Accessing Victim Advocacy and Support Services in the Com unity Victim of dom estic violence sexual assault or stalking ay need support for an extended period of tim It is therefore highly advisable to assist victim in accessing ongoing support advocacy and legal services from com unity-based victim service providers Responsible officials should ake referrals to and em phasize the benefits of victim aking contact with com unity-based victim service program Assistance in Enrolling in Address-Confidentiality Program and Taking Other Safety Measures Responsible officials should be fam iliar with any victim address-confidentiality program that exists in the jurisdiction and the requirem ents for enrollm ent in those program Such program provide an alternate legal address for the victim and forward correspondence to the victim confidentially Services or Victim of Dom estic Violence Sexual Assault or Stalking at the Prosecution Stage A prosecuting official 2s responsibilities include providing victim of any crim with certain inform ation and notices referrals to services and consultation with the Governm ent attorney In cases involving victim of dom estic violence sexual assault or stalking Departm ent personnel should refer with special care to these AG Guidelines See supra art I.G Victim Privacy IV.B.2.d Separate aiting Area IV.B.2.g Lim ited Testing of Defendants in Sexual Assault Cases and IV.A.3.a Case Document Entered on FLSD Docket Page of Right to Make a Statem ent About Pretrial Release in an Interstate Dom estic Violence Stalking or Violation of a Protective Order Case Services for Victim of Dom estic Violence Sexual Assault or Stalking at the Corrections Stage In cases involving victim of dom estic violence sexual assault or stalking Departm ent personnel should refer with special attention to article IV.C.2.a Custodial Release Notification Mandatory Restitution for Victim of Sexual Abuse or Dom estic Violence The Violence Against en Act of requires courts to order full restitution in cases of sexual abuse U.S.C and dom estic violence U.S.C In cases of dom estic violence and sexual assault Departm ent personnel should consider the following when im plem enting restitution procedures a In order to protect the confidentiality of the victim 2s location and to increase the likelihood of locating victim after an extended period of tim victim should be encouraged to provide an alternate contact such as a fam ily er through whom they could be contacted in the event that restitution is ultim ately collected Because the victim and offender a own shared property care should be taken to ensure that seizure of property from an offender for paym ent of restitution or fines does not im pair the property rights of the crim victim Im i gration Relief for Victim of Dom estic Violence Sexual Assault or Stalking Certain aliens who are victim of dom estic violence sexual assault or stalking ay be eligible for special im i gration relief that would perm it them to gain legal residence in the United States Im i grant victim should be encouraged to consult with a qualified im i gration law practitioner for advice concerning the full range of benefit for which they ay be eligible a VAW A Self-Petitioning The im i gration provisions of the Violence Against en Act allow certain battered im i grants to file for im i gration relief without their abusers assistance or knowledge This relief is availa ble only for the spouses and children of U.S citizens or aliens lawfully adm itted for perm anent residence U.S.C Visa An visa a be granted when the applicant has reliable inform ation about an im portant aspect of a crim or the pending com i ssion of a crim is willing to share the inform ation with law enforcem ent officials or to testify in court and the applicant 2s presence in the United States i necessary to the successful investigation or prosecution of a case U.S.C a Visa visas a be available to aliens who have suffered substantial physical or ental abuse as a result of being the victim of certain crim es Case Document Entered on FLSD Docket Page of designated by the Violence Against Act of 227including rape dom estic violence trafficking sexual assault abusive sexual contact and sexual exploitation 227that violate Federal State or local laws and ha ve occurred while in the United States including in Indian Country and on ilitary installations or its territories or possessions To be eligible for a visa the victim st possess inform ation concerning the crim and the visa petition st include a certification from a Governm ent official as listed in the statute stating that the victim is helping has helped or is likely to be helpful in the investigation or prosecution of the crim Recipients of visas are eligible for em ploym ent authorization and ay after years adjust their status to that of a lawful perm anent resident in accordance with Federal law and regulations In appropriate circum stances these visas ay be available to fam ily ers of the victim U.S.C a Visa An im i grant victim of dom estic violence sexual assault or stalking a also be a victim of a severe form of trafficking in persons If so he or she a be eligible for a visa U.S.C a Case Document Entered on FLSD Docket Page of ARTICLE VI GUIDELINES FOR VICTIMS OF TERRORISM AND OTHER MASS CASUALTIES Som violent crim es ay involve large num bers of victim who suffer physical injury death or extrem psychological injury Terrorism involves extrem factors that exacerbate the im pact on victim and challenge the ability of Departm ent em ployees to eet victim assistance requirem ents and the com plex needs of the victim Responding to victim ay be ade re challenging due to the a gnitude of the event num bers of victim where they reside and where the crim occurred Acts of terrorism affecting U.S citizens overseas are investigated by the FBI and som etim es indicted by the Justice Departm ent If the crim occurs in another country that country ay arrest and prosecute those responsible Investigations and prosecutio ns of terrorism crim es by other countries present difficult challenges for victim and the Justice Departm ent officials who are responsible for providing services to these victim Som FBI and Justice Departm ent investigations ay be pending for years and even decades thus providing challenges for the com ponent responsible for aintaining contact with victim and keeping them inform ed In addition to terrorism other types of crim ay involve large num bers of victim Som of these crim es include aviation disasters and toxic spills caused by deliberate acti ons The term ass violence is not statutorily defined For purposes of these AG Guidelines ass violence eans an intentional violent crim inal act that results in physical em otional or psychological injury to so large a num ber of victim as to significantly increase the burden of victim assistance and com pensation for the responding jurisdiction A Statement of Purpose This article is intended to guide responsible officials and other Depart ent em ployees including investigators prosecutors and victim assistance personnel in eeting the dem ands of assisting victim of crim es involving terrorism ass violence or large-scale casualties Identification of Victims Responsible officials shall determ ine who has suffered direct harm as a result of an act of terrorism or other form of ass violence Determ ining who has suffered direct victim ization as a result of terrorism or other crim of ass violence involving hundreds or thousands of individuals ay be a difficult process In som situations it ay be necessary for FBI agents and victim specialists to conduct a joint victim identification and intake process with organizations such as the Red Cross or local responding agencies Accura te and tim ely identification of victim and developm ent of contact inform ation for surviving victim and fam ily ers of deceased victim a be com plicated when nongovernm ental relief agencies are the first to develop victim lists Som relief organizations have taken the position that they are prohibited from sharing victim inform ation with Governm ent agencies It ay becom necessary to subpoena victim nam es and contact inform ation in such cases but responsible officials should avoid taking such an adversarial approa ch if victim inform ation can be obtained in a tim ely anner by other eans Responsible officials should Case Document Entered on FLSD Docket Page of consider using any of the various eans of identifying victim that are surveyed with respect to crim es involving large num bers of victim See supra art.II.G.1 In cases involving terrorism or ass violence in a foreign country the State Departm ent should be consulted on its role in identifying and contacting victim In the event of a chem ical or biological incident affecting large num bers of victim Departm ent personnel should coordinate with the Centers for Disease Control and Prevention and other responsible agencies to identify victim The provision of inform ation and assistance to victim as required by Federal law and these AG Guidelines a then be handled as it would be in response to other crim es involving large num bers of victim Provision of Services The com ponent of the Justice Departm ent with responsibility for investigating the crim shall begin the process of providing inform ation and assistance to victim at the earliest practicable opportunity Fam ilies of victim ay be asked to identify the legal next-of-kin or provide a single point of-contact for purposes of receiving inform ation personal effects or benefits Nevertheless given the obility and com plexity of fam ilies responsible officials should consider defining broadly which fam ily ers are entitled to receive inform ation relating to a pending investigation Mechanism utilized to provide inform ation and assistance should be designed to ensure equality of treatm ent and to prom ote access by the largest num ber of victim Am ong the atters to be considered in cases involving large num bers of victim or geographically dispersed victim are the following Notifications Various eans of providing inform ation to victim ay be appropriate in cases involving terrorism and ass casualties They include the following a Toll-free hotlines Toll-free lines ay be established to handle ltiple cases or individual cases They ay be set up on a statewide nationwide or international basis These hotlines should be updated regularly in order to aintain credibility with victim Case-Specific Pages Case-specific pages have the benefits of being cost efficient aintainable over a long period of tim and unintrusive because use by victim is self-initiated They ay be used to post inform ation as diverse as trial transcripts and inform ation on attending the trial and coping with the em otional im pact of the trial Closed-Circuit Broadcast of Trial Proceedings U.S.C requires that victim have access to closed-circuit television CCTV viewing of trial proceedings when a change of venue is granted and a trial is oved out of state and re than iles from the location in which the proceeding would Case Document Entered on FLSD Docket Page of originally have been brought The law does not address the situation in which the location of the crim and the prosecution is not in the vicinity where st or all of the victim reside or circum stances involving victim who live in any different States or countries enever feasible prosecutors should encourage the trial court to cooperate in aking trial proceedings accessible to the greatest num ber of victim Inform ational Briefings Not all case inform ation is appropriately com unicated to victim through writing especially when victim or surviving fam ily ers have been extrem ely traum atized by the im pact of the crim or the inform ation provided is of an extrem ely personal or sensitive nature Personal contact and com unication can serve a num ber of im portant purposes including building better relationships between victim and Governm ent officials ensuring that victim have an opportunity to ask questions about com plex issues allowing ltiple victim to hear the sam inform ation at the sam tim and providing an opportunity for victim of the sam crim to share their experiences Briefings can be held in person or via telephone brid ge calls video conferencing or Internet eb casting Direct Assistance Victim of terrorism or ass violence ay receive assistance with travel to and lodging near crim inal justice proceedings support for crisis and ental health counseling access to 223safe havens or separate and secure designated areas near a courthouse or CCTV site for viewing a trial In addition the Departm ent akes funding available for victim com pensation and assistance program in each State and territory These program com plem ent Federal efforts and victim should be referred to them for assistance in atters beyond the scope of the Federal Governm ent Autopsies of Overseas Terrorism Victim The Departm ent has both investigative and hum anitarian interests in having access to critical forensic evidence in te rrorism cases including the rem ains of U.S citizen victim The FBI exercises lead agency responsibility in terrorism cases under U.S jurisdiction Under optim al circum stances recovery and processing of victim rem ains should be integrated into the investigation by the FBI FBI officials should consult with fam ilies of victim on the issue of an autopsy and provide an explanation of the process how rem ains will be returned to them and how they can receive inform ation about autopsy findings FBI officials should give due consideration to religious and cultural concerns express ed by the fam ily and try to accom odate their wishes to the extent possible The FBI should coordinate the return of rem ains personal effects and death certificates to fam ily ers following any autopsy that it orders Return of Personal Effects A ass-casualty crim ay require that Departm ent personnel review all personal effects collected from the victim and their im ediate vicinity Sensitivity should be used in preparing and presenting persona effects to the victim fam ilies Departm ent personnel should return personal effects to the legal next-of-kin or another individual who is legally authorized to receive he item Case Document Entered on FLSD Docket Page of Ensuring that surviving victim and fam ily ers receive personal effects and other property belonging to victim ay be com plicated by several factors the volum of personal effects retained for evidence or forensic testing the le ngth of tim item ay need to be held and the condition of personal effects recovere after crim es involving high-im pact weapons Responsible officials should consider establishing operations if authorized and funded by Congress for processing persona effects or contracting with private com panies that specialize in decontam ination cleaning and restoration of personal effects Prosecutions in Foreign Countries en arrests and prosecutions occur in other countries the responsible official should attem pt to facilitate the provision of inform ation about those proceedings to victim through VNS if appropriate including notification of key events and proceedings inform ation on the crim inal justice system in that country and sum aries or updates on trial proceedings sentencing and any subsequent appeals These efforts should involve coo rdination with the FBI Legal Attach Office or U.S Em bassy or Consulate officials in the relevant country Transition of Victim Responsibilities Between Responsible Officials Once a case reaches the prosecution phase following an indictm ent the size of the victim population ay necessitate joint efforts by victim assistance personnel from both the investigative and prosecutorial com ponents Responsible officials should ensure a sm ooth transition of responsibilities Multijurisdictional Response to Domestic Terrorism and Mass Violence Vi ctims A ass-casualty crim occurring within the United States will necessitate a ltilevel response by local State and Federal agencies and nongovernm ental organizations The National Response Plan designates the FBI as the lead agency for crisis anagem ent and the Federal Em ergency Managem ent Agency FEMA in the Departm ent of Hom eland Security DHS as the lead agency for consequence anagem ent when the President has declared a ajor disaster Federal victim assistance personnel at the national and local levels should aintain effective relationships with State and local agencies and organi zations including State victim com pensation and assistance program to ensure that the Departm ent can discharge victim identification notification and assistance requirem ents and support the com unity response Victim assistance should be built into local planning efforts and the roles and responsibilities of individual agencies included in planning a nd exercises Victim assistance personnel should also coordinate with the Center for Mental Health Services in the Departm ent of Health and Hum an Services in arranging the delivery of appropriate ental health services to victim in the afterm ath of terrorism or ass violence Criminal Aviation Disasters The Aviation Disaster Fam ily Assistance Act of ADFAA includes specific requirem ents for providing assistance inform ation and support to fam ilies of victim Case Document Entered on FLSD Docket Page of ADFAA applies to ground casualties as well as passengers and crew on boa rd the aircraft The National Transportation Safety Board NTSB is responsible for coo rdinating fam ily assistance and ensuring that ADFAA is enforced unless the cause of the disaster is suspected or known to be crim inal If so the responsibility transfers to the FBI along with the lead for investigating the disaster Case Document Entered on FLSD Docket Page of ARTICLE IX GUIDELINES FOR VICTIMS OF HUMAN TRAFFICKING A Statement of Purpose Trafficking victim are particularly vulnerable because of the circum stances of their victim ization and require extra assistance to ensure that they are cared for a nd provided with essential services after rescue Many of these victim are children any do not speak English and a ny are not in the United States legally Therefore although trafficking victim possess all the rights and access to benefits that other victim possess they have also been granted additional rights and benefits under the Trafficking ictim Protection Act TVPA and the Trafficking Victim Protection Reauthorization Act TVPRA of codified at U.S.C et seq and regulations pursuant thereto This section describes those rights and benefits and directs the responsible official to ensure that trafficking victim are aware of and are provided with them General Guidelines Responsible Officials ith the following exceptions the responsible officials are those officials designated in article IV of these AG Guidelines a Investigation Stage In the investigation stage the FBI shall take reas onable steps to ensure that victim are provided with their rights as described in this section im ediately upon notification that potential trafficking victim have been located If the FBI is not the initial investigative agency to enco unter a potential victim the responsible official at the U.S Attorney Office or Civil Rights Division shall take steps to ensure that the rights of the potent ial victim are enforced Coordination with Other Agencies During Both Investigation and Prosecut ion Stages In both the investigation and prosecution stages the responsibl officials should coordinate with officials from other departm ents 227particularly the Departm ent of Hom eland Security and the Departm ent of Health and Hum an Services enforce the rights of victim of severe form of trafficking Identification of Victim In identifying victim at the earliest stage of an investigation U.S.C the responsible official should determ ine whether a potential victim eets the definition of a victim of a severe form of trafficking which involves a Sex Trafficking Recruiting harboring transporting providing or obta ining a person for the purpose of a com ercial sex act in which a com ercial sex act is induced by force fraud or coercion or in which the person induced to perform such act has not attained years of age or Case Document Entered on FLSD Docket Page of Forced Labor Recruiting harboring transporting providing or obtaini ng a person for labor or services through the use of force fraud or coercio for the purpose of subjection to involuntary servitude peonage debt bondage slavery U.S.C Provision of Special Services for Victims of Human Trafficking Generally Victim of severe form of trafficking are eligible for special services discussed in this article of these AG Guidelines The services are available without regard to whether an indictm ent is eventually filed or whether any indictm ent that is filed includes TVPA charges U.S citizen victim ay not be eligible for these services because of their citizenship status which entitles them to other program not available to alien victim Detention a To the extent practicable and allowed by law victim of severe form of trafficking should not be form ally detained C.F.R If detention is necessary such victim should not be detained in facilities inappropriate to their status as crim victim unless they are them selves charged with a crim U.S.C and C.F.R ere appropriate and practicable such victim should be housed separately from areas in which crim inals are detained C.F.R To the extent practicable trafficking victim in Federal custody shall Receive necessary edical care ental health assessm ent and treatm ent and other assistance U.S.C and C.F.R If their safety is at stake or if there is danger of additional harm be provided protection including a Measures to protect them and their fam ily ers from intim idation threats of reprisals and reprisals from traffickers and their associates U.S.C i and C.F.R Affirm ative steps to ensure that the victim nam es and identifying inform ation are not disclosed to the public U.S.C ii and C.F.R Case Document Entered on FLSD Docket Page of Inform ation Responsible officials shall provide victim with inform ation about their rights and applicable services including the following a Legal Services Pro bono and low-cost legal services including im i gration services Federal and State Benefits and Services The types of services and benef its available to trafficking victim are contingent upon whether a victim has been subjected to an act that satisfies the TVPA definition of a severe form of trafficking the victim 2s im i gration status and the victim 2s willingness to assist law enforcem ent Victim who are i nors and who have received benefits-eligibility letters and adult victim who have certification from the Departm ent of Health and Hum an Services HHS are eligible for assistance that is adm inistered or funded by Federal agencies to the sam extent as refugees Others ay be eligible for re lim ited benefits In addition i nor dependent children of victim of a severe form of trafficking are also eligible for services Victim Service Organizations and Assistance Program Relevant organizations ay include dom estic violence shelters and rape crisis centers In addition OVC funds program that provide specialized and com prehensive services to individuals who have been identified by Federal law enforcem ent officials as victim of a severe form of trafficking but have not yet been certified by HHS as described above A detailed list of OVC-funded program to help victim of trafficking in persons is available at atrix.htm Protections available especially against threats and intim idation and rem edies available as appropriate for the victim 2s circum stances Rights of individual privacy and confidentiality issues Victim com pensation and assistance program Im i gration benefits and program Restitution i Notification of case status Availability of edical services C.F.R Translation and Interpretation Services Trafficking victim shall have access to inform ation about their rights and to translation services The responsible of ficial shall ensure that trafficking victim have reasonable access to translation services and/or interpreter services if those victim are not able to com unicate in English or are illiterate Case Document Entered on FLSD Docket Page of in their own language C.F.R Interpreters should be thoroughly screened to ensure that they are not in any way involved in the trafficking or fam iliar with either the victim or the traffickers Im i gration Benefits If a Departm ent em ployee learns that a victim or witness does not have legal status in the United States the em ployee should determ ine whether im i gration relief as provided by TVPA or other Federal law is appropriate to ensure the ability of the victim or witness to rem ain in the United States Departm ent personnel should not offer victim or witnesses legal advice about legal status issues but should refer ictim and witnesses to services that provide referrals to legal counsel TVPA prov ides two form of im i gration relief continued presence and a visa Both form of relief are available only to victim of a severe form of trafficking Continued presence a be sought only by Federal law enforcem ent on behalf of potential witnesses but a visa a be sought independently by a victim If a victim has concluded that he or she would like to pursue legal status by applying for a visa Departm ent personnel should assist in the application process by providing in a tim ely fashion the supporting docum entation that st com from the Departm ent As a general atter types of legal status include a Continued Presence Aliens who are victim of a severe form of trafficking and who are potential witnesses are eligible to rem ain in the United States If the responsible official determ ines that an alien trafficking victim is a potential witness to a trafficking crim the responsible official ay request that the Departm ent of Hom eland Security perm it the continued presence of the victim for year Continued presence also provides the victim with em ploym ent authorization Law enforcem ent a seek extensions of continued presence when appropriate U.S.C C.F.R a Nonim i grant Status Individuals ay apply for a nonim i grant visa for them selves if a They are victim of a severe form of trafficking They are in the United States on account of trafficking They face extrem hardship involving unusual and severe harm if they were to be rem oved from the United States They have com plied with any reasonable request for assistance in the investigation or prosecution of the trafficking activities TVPA Section C.F.R Recipients of visas are eligible for em ploym ent authorization and ay after years adjust their status to that of a lawful perm anent resident in accordance with Federal law and regulations In appropriate Case Document Entered on FLSD Docket Page of circum stances visas ay be available to ers of a victim fam ily If warranted the responsible official should support the application of a trafficking victim who has com plied with any reasonable request for assistance in the investigation or prosecution by com pleting an I form for a visa If a prosecutor determ ines that supporting a visa would not be prudent in any case in which a trafficking victim seeks such a visa the prosecutor st provide written justification for that determ ination to the U.S Attorney for the district or in the alternative to the Office of the Assistant Attorney General for Civil Rights Visa visas a be available to aliens who have suffered substantial physical or ental abuse as a result of being the victim of certain crim es designated by the Violence Against Act of 227including rape dom estic violence trafficking sexual assault abusive sexual contact and sexual exploitation 227that violate Federal State or local laws and ha ve occurred while in the United States including in Indian Country and on ilitary installations or its territories or possessions To be eligible for a visa the victim st possess inform ation concerning the crim and the visa petition st include a certification from a Governm ent official as listed in the statute stating that the victim is helping has helped or is likely to be helpful in the investigation or prosecution of the crim Recipients of visas are eligible for em ploym ent authorization and ay after years adjust their status to that of a lawful perm anent resident in accordance with Federal law and regulations In appropriate circum stances these visas ay be available to fam ily ers of the victim U.S.C a Significant Public Benefit Parole or Deferred Action itnesses threatened fam ily ers and victim for whom there is insufficient evidence to eet the TVPA victim criteria ay be eligible for significant public benefit parole to enable them to enter or rem ain in the United States tem porarily The responsible official shall assist alien trafficking victim who want to be repatriated rather than avail them selves of the im i gration benefits provided in TVPA Visa visas ay be granted when the applicant has reliable inform ation about an im portant aspect of a crim or the pending com i ssion of a crim is willing to share the inform ation with law enforcem ent officials or to testify in court and the applicant 2s presence in the United States is necessary to the successful investigation or prosecution of a case U.S.C a Case Document Entered on FLSD Docket Page of Certification of Victim for Assistance a HHS Certification Adult victim are eligible for certification by the Departm ent of Health and Hum an Services for benefits equivalent to those that are available to refugees if the victim has been granted continued presence and is willing to assist law enforcem ent or has ade a bona fide application for nonim i grant status Minor victim are not required to have either continued presence or a bona fide visa to receive benefits Instead they receive services as provi ded by a letter of eligibility for benefits U.S.C A The responsible official shall support the certification of a traffickin victim if the victim has com plied with any reasonable request for assistance in the investigation or prosecution of trafficking activities If a prosecutor concludes that such certification is not prudent the prosecutor st provide written justification of that determ ination to the U.S Attorney for the district or in the alternative to the Office of the Assistant Attorney General for Civil Rights Case Document Entered on FLSD Docket Page of ARTICLE GUIDELINES FOR VICTIMS OF IDENTITY THEFT A Statement of Purpose This section contains special guidelines for ensuring that victim of identity theft are provided with the assistance that is appropriate to the unique circum stances of that crim Responsible officials should therefore consult the other relevant provisions of thes AG Guidelines in addition to this article when assisting victim of identity theft General Guidelines Identification of Victim Individuals do not have to know that their identity was i sused in order to be victim nor does the victim have to have incurred a financial loss to be considered a victim All individuals who have had financial or personal inform ation com prom ised in an identity theft crim should be identified and their nam es and contact inform ation should be entered into VNS The responsible official at the invest igative phase should take a proactive approach to identifying victim which ay include creating and publicizing a toll-free hotline for citizens concerned that they ay have been victim ized and edia advertising of a fraud case or investigation with instructions for potential victim to contact the investigative agency Description of Services In general Departm ent personnel should consider consulting the Federal Trade Com i ssion 2s site w.consum er.gov/idtheft/law_howhelp.htm for inform ation and guidance on assisting victim of identity theft a Referral In addition to all other services required under these AG Guidelines the responsible official should Refer victim to the particularly useful or relevant services specifically provided for victim of identity theft by other Federal agencies including the Federal Trade Com i ssion as well as by nongovernm ental organizations Refer victim to relevant credit reporting services Advise victim to file an individual police report Notification to Victim Em ployers and Creditors If requested to do so by the victim the responsible official should Assist in notifying creditors and em ployer The responsible official should assist in contacting a victim 2s em ployer and credit card com panies rtgagee and other creditors by letter or telephone call in order to notify them that the victim has been identified as a victim of an identity-theft crim Case Document Entered on FLSD Docket Page of Inform creditors of the nature and status of the case The responsible official should provide creditors with docum entation relating to the case if requested including appropriate charging sheets plea agreem ents and judgm ents Notify creditors of availability of restitution The responsible officia should notify creditors that if they absolve the victim of unlawfully incurred debt they ay becom entitled to restitution from the perpetrator U.S.C Inform ation From Businesses Available to Victim a The responsible official at the investigative phase should notify a vict im of identity theft that business entities that have entered into com ercial transactions with a person who has allegedly ade unauthorized use of a eans of identification of the victim ay be required at no cost to the victim to provide copies of transaction records in their control U.S.C In aking the notification under paragraph a the responsible official shall avoid providing legal advice and shall not be responsible for assisting the victim in requesting the inform ation and records to which the victim ay be entitled under the law Case Document Entered on FLSD Docket Page of ARTICLE XI NONLITIGABILITY These AG Guidelines provide only internal Departm ent of Justice guidance They are not intended to do not and ay not be relied upon to create any rights or standards of conduct or care substantive or procedural enforceable at law by any person in any atter civil or crim inal These AG Guidelines shall not be construed to create enlarge or im ply any duty or obligation to any victim witness or other person for which the United States or its em ployees could be held liable in dam ages No lim itations are hereby placed on otherwise lawful litigative prerogatives the Departm ent of Justice Case Document Entered on FLSD Docket Page of
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