October 24, 2013
by Sue Tuck Richmond
The Federal Murray Building Bombing and the prosecution of McVeigh and Terry Nichols had numerous victims for the DOJ, United States Attorney's Office in the Western District of Oklahoma and the FBI to deal with. It was a case like none other at the time. Another more recent example is the Madoff prosecution which also had lots of victims. The issue of who is a victim under federal law has even been litigated and tested.
Everyday in U.S Attorney's and FBI offices , and other federal agencies victim-witness coordinators are working hard behind the scenes. They often go unnoticed by the public unless you become a victim or a witness in a federal case. They do far more than anyone realizes on a daily basis-not only do they make sure the right people get the right notices as required by law but they also provide other services such as arranging travel for victims and witness to court proceedings. There can be a lot of stress on these coordinators and their staff to get things right in a case. The recent announcement about the collection of information in the NECC Compounding outbreak shows these people have already been working hard behind the scenes, but there is much more for them to do. So if you are a victim or know a victim in the NECC outbreak make sure they contact the FBI and DOJ. For a history of the laws and rules in this area, DOJ has great resources on-line. Here are a few:
GUIDELINES ON VICTIM AND WITNESS ASSISTANCE3-7.300 Guidelines on Victim and Witness Assistance—Introduction
3-7.320 Responsibilities
3-7.330 Procedures
3-7.340 Emergency Victim/Witness Programs
by Sue Tuck Richmond
The Federal Murray Building Bombing and the prosecution of McVeigh and Terry Nichols had numerous victims for the DOJ, United States Attorney's Office in the Western District of Oklahoma and the FBI to deal with. It was a case like none other at the time. Another more recent example is the Madoff prosecution which also had lots of victims. The issue of who is a victim under federal law has even been litigated and tested.
Everyday in U.S Attorney's and FBI offices , and other federal agencies victim-witness coordinators are working hard behind the scenes. They often go unnoticed by the public unless you become a victim or a witness in a federal case. They do far more than anyone realizes on a daily basis-not only do they make sure the right people get the right notices as required by law but they also provide other services such as arranging travel for victims and witness to court proceedings. There can be a lot of stress on these coordinators and their staff to get things right in a case. The recent announcement about the collection of information in the NECC Compounding outbreak shows these people have already been working hard behind the scenes, but there is much more for them to do. So if you are a victim or know a victim in the NECC outbreak make sure they contact the FBI and DOJ. For a history of the laws and rules in this area, DOJ has great resources on-line. Here are a few:
GUIDELINES ON VICTIM AND WITNESS ASSISTANCE3-7.300 Guidelines on Victim and Witness Assistance—Introduction
3-7.320 Responsibilities
3-7.330 Procedures
3-7.340 Emergency Victim/Witness Programs
VICTIM AND WITNESS ASSISTANCE GUIDELINESsee GUIDELINES ON VICTIM AND WITNESS ASSISTANCE
VICTIM AND WITNESS PROTECTION ACT OF 19823-7.100 History and Overview
3-7.300 Guidelines on Victim and Witness Assistance—Introduction
3-7.320 Responsibilities
3-7.330 Procedures
9-6.200 Pretrial Disclosure of Witness Identity
9-16.030 Investigative Agency and Victim to be Consulted
3-7.300 Guidelines on Victim and Witness Assistance—Introduction
3-7.320 Responsibilities
3-7.330 Procedures
9-6.200 Pretrial Disclosure of Witness Identity
9-16.030 Investigative Agency and Victim to be Consulted
VICTIM NOTIFICATION4-8.310 From Investigating to Sentencing
VICTIM RIGHTS3-7.300 Guidelines on Victim and Witness Assistance—Introduction
9-75.520 Child Victims' and Child Witnesses' Rights
9-75.520 Child Victims' and Child Witnesses' Rights
VICTIM'S FAMILY9-10.060 Notice to Family of Victim
VICTIM-WITNESS COORDINATOR3-7.100 History and Overview
3-7.200 Structure
3-12.600 Efforts for Victims of Crime
9-16.320 Plea Agreements and Restitution
9-21.010 Introduction
see also LAW ENFORCEMENT COORDINATING COMMITTEE/VICTIM-WITNESS
3-7.200 Structure
3-12.600 Efforts for Victims of Crime
9-16.320 Plea Agreements and Restitution
9-21.010 Introduction
see also LAW ENFORCEMENT COORDINATING COMMITTEE/VICTIM-WITNESS
But as a reader you may be asking has there been an indictment in the NECC case. Not yet. Will there be. Most likely federal charges will be filed. I have written about this before in my Criminal Procedure 101 series, but there could be an indictment by a grand jury already returned but filed under seal. There could be no indictment at this point. Instead the defendants could already be working out plea agreements, in which case an information with the charges the defendant will plead to will eventually be filed ...and there will never be an indictment. In any event, rest assured the FBI and DOJ are working hard to make sure all victims are accounted for and thus can receive the notices they are entitled to receive about future criminal proceedings in this case. Also note that the federal government through civil and criminal forfeiture and restitution are often very successful in obtaining monies to compensate victims. Another reasons victims will want to make sure they notify the FBI/DOJ that they are in fact a victim in this case.
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