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16 ¦ DECEMBER 7, 2020 NEWS

¦ From COULD JEFFREY on PAGE 15 involved had wanted to provide victims as broad a
Cassell stressed the whole point of the act was to range of rights as possible and, “Unfortunately, in
protect crime victims, most of whom have no law- doing so, I think people like Ms. Wild might have
yers, and he said its congressional sponsors included felt misled.” But she argued that didn’t change
provisions that demonstrate it applies before charges what the prosecutors strict requirements actually
are filed — such as references to officers detecting were.
and investigating crimes. If that wasn’t so, Cassell Steinberg called the episode “a lesson for people
claimed prosecutors and defense attorneys could in my position to be careful about what it is that we
just negotiate deals before filing charges, without say, and distinguish between policy and what we
telling victims. want to do as good human beings.”
Though a divided appellate panel rejected Cassell’s Steinberg conceded that, “There’s a lot of things
argument in April, the court did, at times, appear re- that are really peculiar about this case, undoubt-
ceptive to considering the logistics of it. But judges edly,” but explained that Cassell has since conferred
identified many possible snags. with prosecutors, seemingly fulfilling Wild’s request
Among them: Judge Charles Wilson, who said he to assert her rights.
shared concerns in the majority opinion about pros- That prompted Wilson to ask where’s there’s still
ecutorial discretion, and reminded Cassell that “not a controversy, to which Cassell responded that
everyone who enters into a nonprosecution agree- conferring is meaningless while the plea agreement
ment is as unsympathetic as the subject in this case.” stands.
“Mr. Epstein was a pretty bad guy, but you’re ask- “She [Wild] wants to go to the prosecutors in
ing the court to apply precedent that will apply to Florida and say, ‘Prosecute the men and women
future cases that may not be as bad as this one,” Wil- who abused me’ and the U.S. attorney’s position is,
son said. “If we accept your reading of the act, how ‘We can’t under the prosecution agreement,’ ” Cas-
does a U.S. attorney enter into a nonprosecution sell said.
agreement with the subject or target of an inves- Judge Kevin Newsom expressed concern about ”a
tigation who is cooperating, and the cooperation cart before the horse” situation, where judges might
requires confidentially, without which the safety of have to determine in advance whether a federal of-
the cooperator might be jeopardized or the investi- fense has occurred if there’s any mid-investigation
gation might be compromised?” controversy over whether or not someone is a crime
Cassell said such scenarios are why Congress victim.
added the word “reasonable” to a subsection on con- Cassell countered no such issue has arisen in 16
ferring with victims. years of the statute and said federal officers are sup-
posed to pinpoint victims as early as possible.
The arguments didn’t go off entirely without a
‘What changed?’
Steinberg countered that the government is hitch, as Judge Barbara Lagoa’s connection froze
sympathetic to and sorry about what happened to when it was her turn to ask a question, leading Chief
Wild, but her legal arguments are flawed because Judge William Pryor to remark, “ Zoom works well,
the Crime Victims’ Rights Act doesn’t attach until until it doesn’t.” The clock was stopped and a couple
charges are filed. minutes of awkward silence ensued while the panel
Judge Elizabeth Branch probed Steinberg on, awaited her return.
“What changed?” pointing to various letters the U.S. The court is yet to rule.
Attorney’s Office sent to victims and Epstein’s law- ¦

yers during investigations between 2006 and 2007, Raychel Lean reports on South Florida litigation
explaining its obligation under the act. for the Daily Business Review. Send an email to
The clarity of the issue changed, according to [email protected], or follow her on Twitter via @
Steinberg, who said the assistant U.S. attorney raychellean.

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