Case 9:08-cv-80736-KAM Document 77 Entered on FLSD Docket 05;02.2011 Page 1 of 29 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOE #1 and JANE DOE #2 1. UNITED STATES JANE DOE #1 AND JANE DOE #2'S REPLY TO GOVERNMENT'S RESPONSE TO THEIR MOTION FOR FINDING OF VIOLATIONS OF THE CRIME VICTIMS' RIGHTS ACT AND REQUEST FOR A HEARING ON APPROPRIATE REMEDIES COME NOW Jane Doe #1 and Jane Doe #2 (also referred to as "the victims"), by and through undersigned counsel, to reply to the Government's Response (DE #57) to their Motion for Finding of Violations of the Crime Victims Rights Act and Request for a Hearing on Appropriate Remedies (DE #48). The Government argues that because it chose not to formally file an indictment in this case, the victims had (for example) no CVRA right to confer with prosecutors about a secret non-prosecution agreement barring federal prosecution of Epstein for crimes committed against the victims. This position contravenes the CVRA's plain language. The CVRA covers agencies involved in the "detection" and "investigation" of federal crimes, 18 U.S.C. § 3771(c)(1), and allows victims to file for protection of CVRA rights even when "no prosecution is underway," 18 U.S.C. § 3771(d)(3). Moreover, a number of courts have ruled that the CVRA extends victims rights even before an indictment is filed. This Court should at least enter a narrow ruling that, on the facts of this case, the CVRA extends rights to Jane Doe #1 and Jane Doe #2 because the 1 EFTA00207984