POE & BURTON PLLC MEMORANDUM Privileged & Confidential Attorney Work Product DRAFT To: Jeffrey Epstein File From: Gregory L. Poe Date: April 16, 2015 Re: Potential Participation by Amici in Does v. United States, No. 08-CV-80736-KAM (S.D. Ha.) Regarding Scope and Meaning of Crime Victims' Rights Act (18 U.S.C. § 3771) I. Introduction. This memorandum addresses why potential amici may wish to consider seeking to file a brief in Does v. United States, No. 08-CV-80736-KAM (S.D. Fla.), regarding the scope and meaning of the Crime Victims' Rights Act of 2004 ("CVRA") (codified at 18 U.S.C. § 3771). In Does, two asserted victims of Jeffrey Epstein in connection with a sex offense investigation filed a petition on July 7, 2008, claiming that the United States Department of Justice ("DOJ") had violated the CVRA by failing to notify them that Epstein and DOJ entered into a Non-Prosecution Agreement ("NPA") containing various obligations and conditions, and seeking rescission of the NPA as a remedy for the asserted violation. Dkt. 1.l Over the government's opposition, the district court ruled in two orders that (1) the rights of crime victims under the CVRA, including the right to confer with prosecutors, attach before charges are filed (see Does v. United States, 817 F. Supp. 2d 1337, 1341-43 (S.D. Fla. 2011); Does v. United States, 950 F. Supp. 2d 1262, 1266-68 (S.D. Fla. 2013)); and (2) a right of rescission is available to such crime victims as a potential remedy if the government violates their rights under the CVRA (Does, 950 F. Supp. 2d at 1266-70).2 ' References to the docket in Does (No. 08-CV-80736-KAM) are in the form "Dkt. 2 Among other things, the government and Mr. Epstein agreed in the NPA that Mr. Epstein would agree to enter guilty pleas to two solicitation offenses in the State of Florida and make a binding recommendation for an eighteen-month sentence in county jail followed by twelve months of community control. See 950 F. Sup