EFTA00185359¶
Case 9:08-cv-80736-KAM¶
Entered on FLSD Docket 07/15/2008¶
U.S. Department of Justice¶
United States Attorney¶
Southern District of Florida¶
500 South Australian Ave., Suite 400¶
West Palm Beach, FL 33401¶
Facsimile:¶
August 11, 2006¶
DELIVERY BY HAND¶
Miss¶
Re: Crime Victims’ and Witnesses’ Rights¶
Dear Miss¶
Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of rights. Those rights are:¶
(1) The right to be reasonably protected from the accused.¶
(2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused.¶
(3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding.¶
(4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing.¶
(5) The reasonable right to confer with the attorney for the United States in the case.¶
(6) The right to full and timely restitution as provided in law.¶
(7) The right to proceedings free from unreasonable delay.¶
(8) The right to be treated with fairness and with respect for the victim’s dignity and privacy.¶
Members of the U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights are protected. If you have any concerns in this regard, please feel free to contact me at or Special Agent from the Federal Bureau of Investigation at You also can contact the Justice Department’s Office for Victims of Crime in Washington, D.C. at 202-307-5983. That Office has a website at www.ovc.gov.¶
You can seek the advice of an attorney with respect to the rights listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief.¶
EFTA00185360¶
Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008¶
Page 11 of 21¶
MISS¶
AUGUST 11, 2006¶
In addition to these rights, you are entitled to counseling and medical services, and from intimidation and harassment. If the Court determines that you are a victim, you are entitled to restitution from the perpetrator. A list of counseling and medical service providers is provided to you, if you so desire. If you or your family is subjected to any intimate harassment, please contact Special Agent or myself immediately. It is possible someone working on behalf of the targets of the investigation may contact you. Such contact cannot violate the law. However, if you are contacted, you have the choice of speaking to the person or refusing to do so. If you refuse and feel that you are being threatened or harassed, the contact Special Agent or myself.¶
You also are entitled to notification of upcoming case events. At this time, your investigation. If anyone is charged in connection with the investigation, you will be not¶
Sincerely,¶
EFTA00185361¶
Case 9:08-cv-80736-KAM Document 14 Entered on FLSD Docket 07/15/2008 Page 12 of 21¶
U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Flagler Drive West Palm Beach, FL 33401 Phone: Fax: (555) 762-8900¶
January 10, 2008¶
Re: Case Number:¶
Dear¶
This case is currently under investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation.¶
As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) 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; (3) 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; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated with fairness and with respect for the victim’s dignity and privacy.¶
We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an individual for the crime, and it will become the responsibility of the prosecuting United States Attorney’s Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights.¶
The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at WWW.Notify.USDOJ.GOV or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-365-4968) (TDD/TTY: 1-866-228-4619) (International: 1-502-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program. If you update your Information to include a current email address, VNS will send information to that address. You will need the following Victim Identification Number (VIN) ‘1941737’ and Personal Identification Number (PIN) ‘5502’ anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is¶
EFTA00185362¶
Case 9:08-cv-80736-KAM¶
Entered on FLSD Docket 07/15/2008 Page 13 of 21¶
If you have additional questions which involve this matter, please contact the office listed above. When you call, please provide the file number located at the top of this letter. Please remember, your participation in the notification part of this program is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact information current.¶
Sincerely,¶
Victim Specialist¶
EFTA00185363¶
Case 9:08-cv-80736-KAM .Document 14 Entered on FLSD Docket 07/15/2008 Page 14 of 21¶
U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Beach Suite 500 505 South Flagler Drive West Palm Beach, FL 33401 Phone: Fax:¶
January 10, 2008¶
James Elsenberg¶
One Cleartake Center Ste 704 Australian South¶
West Palm Beach, FL. 33401¶
Re:¶
Dear James Elsanberg:¶
You have requested to receive notifications for¶
This case is currently under Investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation.¶
As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) 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; (3) 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; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated with fairness and with respect for the victim’s dignity and privacy.¶
We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an individual for the crime, and it will become the responsibility of the prosecuting United States Attorney’s Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights.¶
The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at WWW.Notify.USDOJ.GOV or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-365-4968) (TDD/TTY: 1-866-228-4619) (International: 1-502-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program. If you update your information to Include a current email address, VNS will send information to that address. You will need the following Victim Identification Number (VIN) ‘1941741’ and Personal Identification Number (PIN) ‘7760’ anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is Eisenberg.¶
EFTA00185364¶
Case 9:08-cv-80736-KAM¶
If you have additional questions which involve this matter, please contact the office listed above. When you call, please provide the file number located at the top of this letter. Please remember, your participation in the notification part of this program is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact information current.¶
Sincerely.¶
Victim Specialist¶