In re: Courtney Wild, No. 19-13843 (11th Cir. 2020)
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Petitioner, one of more than 30 woman who were victimized by notorious sex trafficker and child abuser Jeffrey Epstein, sought mandamus relief, alleging that when federal prosecutors secretly negotiated and entered into a non-prosecution agreement with Epstein in 2007, they violated her rights under the Crime Victims' Rights Act of 2004. Specifically, petitioner alleged that federal prosecutors violated her rights to confer with the government's lawyers and to be treated fairly by them. In this case, Epstein entered into a non-prosecution agreement with federal prosecutors, and the prosecutors never conferred with the victims about the agreement or told them that such agreement was under consideration.
The Eleventh Circuit denied mandamus relief and held that rights under the CVRA do not attach until criminal proceedings have been initiated against a defendant, either by complaint, information, or indictment. Because the government never filed charges or otherwise commenced criminal proceedings against Epstein, the court held that the CVRA was never triggered.
The court issued a subsequent related opinion or order on August 7, 2020.
The court issued a subsequent related opinion or order on April 15, 2021.
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