The Attorney General Guidelines for Victim and Witness Assistance 2022 Edition
The Attorney General Guidelines for Victim and Witness Assistance 2022 Edition) (source: Justice.gov).
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Page 5, D. Privacy Considerations for Victims and Witnesses:
“Department personnel have a responsibility to protect the privacy of victims and witnesses, including their personally identifiable information (PII) and other sensitive information. This responsibility aligns with a victim’s right to be treated with fairness and with respect for the victim’s dignity and privacy, which is a broad-based right that should be applied in all contacts with victims. See 18 U.S.C. § 3771(a)(8). For further guidance regarding the Department’s obligations related to victim privacy, see Article V.J.”
Page 21, H. Victims in a Foreign Country and Foreign National Victims:
“Due to sovereignty concerns, many countries limit or prohibit foreign government officials from directly contacting persons within that country’s borders. Therefore, contact with victims and witnesses residing in other countries, for any purpose, needs to be coordinated with the appropriate officials of the host government through either the Department’s Office of International Affairs (OIA) or the United States investigative attaché in the country where the victim resides.”
Page 22, H. Victims in a Foreign Country and Foreign National Victims:
“Department personnel should allow for extra time to notify victims in foreign countries. In cases with large numbers of victims, where Department personnel are using alternate means of notification, such as publication notice through media outlets or on a public website, coordination with an investigative attaché or OIA might not be necessary unless using a foreign media outlet or entity.”
Page 24, K. Large Numbers of Victims:
“Cases with a large number of victims present unique challenges in affording victims’ rights and services. While individual contact with victims is preferred, such contact may not be feasible in cases involving hundreds or thousands of victims—for example, data breach cases and cases involving compromises of multiple computers, such as botnets. Department personnel should use technology and be creative, with the goal of providing rights and services to the greatest extent possible given the circumstances and resources available.”
Page 48, E. Victim Identification:
“At the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, the responsible official of the investigative agency shall identify the victims of the crime. See 34 U.S.C. § 20141(b)(1). Victim identification means identifying the names and contact information for victims. The responsibility for identifying victims continues with the investigative agency throughout the criminal justice process. Other Department components or other investigative agencies may also identify victims, but all identifications should be coordinated with the lead case agent.”
Page 49, E. Victim Identification:
“Identifying and locating victims can be one of the most difficult tasks in a case with a large number of victims. Both technology and traditional law enforcement methods can be utilized to identify victims. For example, officials may use notices on official websites, social media, or in print or broadcast media to ask victims to contact the agency.”
“Department personnel, consistent with applicable law, may also work with banks, internet service providers, private sector entities, hospitals, schools, employers, nonprofit organizations, faith-based organizations, and disaster-assistance centers, where appropriate, to reach out to victims and to secure identification and contact information.” (I emphasize)
“In large white-collar crime cases, names and addresses of victims may be obtainable from the defendants’ records,” (I emphasize)
Page 49, F. Reasonable Protection:
“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 behest of the suspected offender. See 34 U.S.C. § 20141(c)(2).”
“Prosecutors should, in their discretion, consider using available resources to address victim security concerns, pursuant to existing rules and regulations governing such resources. See Article VI.B for a discussion regarding witness security and the federal witness security program.”
Page 50, F. Reasonable Protection:
“COMMENTARY
Investigations may involve multiple law enforcement agencies with differing investigative authorities and resources. In multi-agency investigations, the responsible officials of the agencies should coordinate to ensure that victims receive reasonable protection from a suspected offender or persons acting in concert with or at the behest of the suspected offender. See Art. V.C.”
Page 50, G. General Information:
“After the investigative agency opens a case, a responsible official should provide victims with the following general information as needed:
[…] Information About VNS: Victims should be informed that they generally will receive notification of case developments through VNS. […]
[…] Information About the Criminal Justice System: During all stages of the process, a responsible official should provide statutory victims with general information about the criminal justice process, specifically including:
[…] Role: The role of the victim, prosecutor, defense attorney, defendant, court, and other participants in the criminal justice process and what the victim can expect, including what requests may be made of the victim during the criminal justice process.
[…] Stages: The stages in the criminal justice process that are significant to a crime victim and the manner in which information about such stages can be obtained.
See 18 U.S.C. § 1512 note (Federal Guidelines for Treatment of Crime Victims and Witnesses in the Criminal Justice System); cf. Pub. L. No. 97-291, § 6(a)(1)(C), (D).”
Page 70, I. CVRA Right Seven: Right to Proceedings Free from Unreasonable Delay
“A crime victim has the right to proceedings free from unreasonable delay. See 18 U.S.C. § 3771(a)(7).
Prosecutors should be reasonably available to consult with victims regarding significant adversities they may suffer as a result of delays in the prosecution of the case and should, at the appropriate time, inform the court of the reasonable concerns that have been conveyed to the prosecutor. Prosecutors should consider raising the victim’s right to proceedings free from unreasonable delay when discussing trial dates and responding to defense motions for continuances. Prosecutors should also consider any victim adversities that may result from prosecution requests for continuances and make reasonable efforts to mitigate the delay where possible and consistent with the best interests of the prosecution.”
Page 73, L. CVRA Right Ten: Right to Be Informed of Rights and Services:
“A crime victim has the right to be informed of the rights under this section and the services described in section 503(c) of the VRRA, 34 U.S.C. § 20141(c), and to be provided with contact information for the Office of the Victims’ Rights Ombudsman of the Department of Justice. See 18 U.S.C. § 3771(a)(10).”
Page 74, M. In-Court Enforcement Mechanisms:
“Victims’ rights under the CVRA may be enforced by motions filed by the government or the victim. See 18 U.S.C. § 3771(d)(1); see also Fed. R. Crim. P. 60(b)(2). Department prosecutors are encouraged to assert victims’ rights when appropriate, taking into consideration the victim’s preferences and the interests of the United States. Prosecutors are urged to analyze any potential issues related to victims’ rights early in the case in order to be able to assert victims’ rights at the first opportunity. When filing a motion in court, prosecutors should give consideration to victim privacy and take steps to protect PII and other sensitive information from unnecessary disclosure. When a victim files a motion that the Department does not support or that the prosecutor believes is not legally warranted, the government may refrain from taking a position or oppose the motion. In such circumstances, and whenever prosecutors have questions about enforcement mechanisms, personnel in the United States Attorneys’ Offices are encouraged to consult with the Executive Office for United States Attorneys, and those in the litigating divisions are encouraged to consult with their responsible officials. […]” (I emphasize)
Page 77, B. Witness Security:
“Department personnel should take reasonable measures to address the security concerns of witnesses. Determining the nature and scope of such measures requires an evaluation of the threat level and identification of reasonable options to address that threat within available resources. Witnesses have the choice whether to accept the reasonable options the Department offers.
Department personnel should consider witness security concerns at every point during the criminal justice process, including during the investigation, prosecution, incarceration, and post-incarceration supervision stages. Department personnel should consult, collaborate, and coordinate with the responsible official of the investigative agency concerning witness security.”
Page 82, APPENDIX A
VICTIMS’ RIGHTS AND RESTITUTION ACT (VRRA), 34 U.S.C. § 20141:
“Designation of responsible officials
The head of each department and agency of the United States engaged in the detection, investigation, or prosecution of crime shall designate by names and office titles the persons who will be responsible for identifying the victims of crime and performing the services described in subsection (c) of this section at each stage of a criminal case.”