FOR OFFICE USE ONLY DATE RECEIVED: ___ CASE NUMBER: ___ # COMPLAINT ALLEGING FAILURE OF DEPARTMENT OF JUSTICE EMPLOYEE TO PROVIDE RIGHTS TO A CRIME VICTIM UNDER THE CRIME VICTIMS' RIGHTS ACT OF 2004
Return the signed complaint, including any additional pages or documents, directly to the Department of Justice component, or local United States Attorney's Office, that is named in your complaint. If you do not know where to send the complaint, you may send it directly to the Office of the Victims' Rights Ombudsman, who will forward your complaint to the office that is the subject of your complaint.Jennifer Hodge Criminal Division Office of Enforcement Operations 1301 New York Avenue, N.W. Washington, DC 20530 Fax: (202) 514-0163
This Complaint form is not designed for the correction of specific victims’ rights violations, but is instead to request corrective or disciplinary action against Department of Justice employees who may have failed to provide or have violated the rights of a crime victim under the Crime Victims’ Rights Act of 2004. A crime victim includes any person who has been directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. All complaints must be submitted within sixty (60) days of the victim’s knowledge of a violation by the Department of Justice employee, but not more than one year after the actual violation. Receipt of complaints will be acknowledged in writing. The information provided herein will be used along with other information developed during the investigation to resolve or otherwise determine the merits of this complaint. The information may be furnished to designated officers and employees of agencies and departments of the Federal Government in order to resolve or otherwise determine the merits of this complaint. Please check the box that applies to the person filing this complaint. - [ ] Victim - [ ] Legal Guardian X Attorney representing victim - [ ] Other representative (describe) ___ Name, phone number and relationship to victim of person completing this form (if not the victim). Professor Paul G. Cassell, S.J. Quinney College of Law, University of Utah - attorney the victim represented by an attorney in this complaint? X Yes No If yes, please provide the attorney's name and contact information. All future contacts with the victim regarding this complaint will be made through the attorney. Professor Paul G. Cassell, S.J. Quinney College of Law, University of Utah, 383 S. University St., Salt Lake City, UT 84112 Page 1 of 5 EFTA00068215 ## 1. PERSONAL INFORMATION ABOUT THE VICTIM
First Name:Middle Name:Last Name: Jane Does 1&2(pseudonym)
Title:Mr. __Mrs. __Ms. __Miss __Other __
Street Address:
City:State:Country:Zip Code:
Home Telephone No:Work Telephone No:Cell Phone No:
Email Address:
## 2. INFORMATION ABOUT THE CRIMINAL CASE The following section requests important information about the criminal investigation or case in which you are a victim. Please provide as much information as you can.
Stage of the Criminal Justice Process - Select most recent event:
X Investigation□ Arrest□ Arraignment□ Preliminary Hearing□ Guilty Plea□ Trial□ Sentencing□ Parole Hearing
□ Other
Defendant(s) Name(s): Subject/Target Bruce Reinhart
Case Number:District Court:Judge:
## 3. INFORMATION ABOUT THE VICTIM'S COMPLAINT What is the location and name of the office(s) or organization(s) of the Department of Justice that is/are the subject of your complaint? U. S. Attorney’s Office for the District of Puerto Rico, Torre Chardón, Suite 1201 350 Carlos Chardón Street, San Juan, PR 00918 Is your complaint against a specific person in that office? X Yes No If yes, please identify the person(s) (include position or title, if known) who failed to provide the right(s) about which you are complaining. U. S. Attorney Rodriguez-Velez and other attorneys Page 2 of 5 EFTA00068216 Which of the following rights afforded by the Crime Victims' Rights Act of 2004, 18 U.S.C. § 3771, do you feel you were denied? Please check all that apply. The right to be reasonably protected from the accused. The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused. [ ] The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding. X The reasonable right to confer with the attorney for the Government in the case. The right to full and timely restitution as provided by law. The right to proceedings free from unreasonable delay. X The right to be treated with fairness and with respect for the victim's dignity and privacy. The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement. X The right to be informed of the rights under this section and the services described in section 503(c) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) and provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice. ## 4. STATEMENT OF COMPLAINANT Please provide as much detailed information about your complaint against the Department of Justice employee(s) as possible, including the date(s) of the alleged violation(s), and an explanation of how the violation(s) occurred. However, you should not discuss the facts of the criminal investigation or case in which you are a victim. You may attach additional pages or documents to this complaint. This case involves a request for an investigation of a former Assistant U.S. Attorney who filed a false statement in a Crime Victims Rights Act (CVRA) case in the Southern District of Florida. The recognized victims in that CVRA case – Jane Doe 1 and Jane Doe 2 – through undersigned legal counsel ( ) requested a criminal investigation. See Exhibit 1. Attorney’s Office for the District of Puerto Rico (USAOPR). The case bounced around there from AUSA to AUSA. Finally, it came to rest on the desk of AUSA , and we had good discussions with him about the issues in October. He indicated he would stay in touch. When we didn’t hear back from him for several months, we called the USAOPR. It took weeks of phone calls, but we finally were able to reach in the Office. She said that AUSA had left the Office and that the matter was now on the desk of the First Assistant and was pending reassignment. She also said we should call for further information. See Exhibit 2. We then called on December 28, 2015, January 5, 2016, January 14, 2016, and January 19, 2016. None of those telephone calls were returned. Accordingly, on January 19, 2016, we faxed and mailed a letter to the U.S. Attorney expressing concern about the lack of a response. Having received no response to the letter, on February 2, 2016, we called the U.S. Attorney and left a message for her. Again, that call was not returned. Page 3 of 5 EFTA00068217 It appears obvious that the U.S. Attorney’s Office is giving us the run-around – not having the courtesy to even take the simple step of returning a telephone call from legal counsel for two crime victims. The Office’s failure is particularly disturbing, because the underlying case involves a breach of trust by the former AUSA – the failure to respond creates the definite impression that the matter is being swept under the rug. In any event, the Office’s failure to respond in any way clearly violates the CVRA in several ways, including a failure to afford victims their right to confer with the attorney for the Government in the case and their right to be treated with fairness. ## 5. PRIOR NOTIFICATION TO THE DEPARTMENT OF JUSTICE Although you are not required to do so, did you notify the Department of Justice employee, or any employee of the office described above, of the alleged violation before filing this complaint? X Yes No If yes, please describe your efforts to resolve this matter, including the date(s) that you notified the Department of Justice employee or any employee of the office described above; the name, address and telephone number of the person with whom you attempted to resolve this matter; and the actions taken by the Department of Justice employee or office to resolve your complaint. You may attach additional pages or documents to this complaint. I have tried repeatedly to contact the U.S. Attorney’s Office. They have not had the courtesy to return any of the five phone calls or my letter. Page 4 of 5 EFTA00068218 ## 6. OTHER RELEVANT INFORMATION Provide any other relevant information or event(s). You may attach additional pages or documents to this complaint. ## The information set forth herein is true and correct to the best of my knowledge. Signature: ___ Date: ___ (Must be signed by Victim) If the crime victim is under 18 years of age, incompetent, incapacitated, or deceased, this form must be signed by the Legal Guardian of the crime victim or the representative of the crime victim's estate, family member, or any other person appointed by the court. Please check all that apply to the victim: □ Under 18 years of age □ Incapacitated □ Incompetent □ Deceased Signature: /s/ Paul G. Cassell Date: 2/17/16 Rev. 1/2016 Page 5 of 5 EFTA00068219 # EXHIBIT 1