Crystal V. L. Rivers v. United States District Court for the Western District of Virginia
Environmental SocialSecurity Securities Immigration
Whether the Crime Victims' Rights Act (CVRA) requires the government to inform a victim of her rights under the CVRA and the status of the investigation and prosecution, even when the victim has not been named as a defendant in the case
QUESTIONS PRESENTED | } The Petitioner/Victim, Crystal VL Rivers, filed her Crime Victim Rights Act | Petition to aid in the enforcement of the CVRA rights currently in place and | afforded to her, in the district court after learning, for the first time, in 2019 after viewing a CNN News story relating to Jeffrey Eppstein and the high profile Crime | | Victims’ Rights Act case (in re Does v USA, filed in the United States District | | Court for the Southern District of Florida and currently pending in the Eleventh | Circuit Court of Appeals, Record No 19-13843). Victim-Petitioner had never been | informed by the Government or their employees at any time since she reporting | crimes committed against her, that she had any such rights. Additionally, Petitioner | | has never received a victim notification under the,;CVRA and the Government \ attorneys have not conferred with her about the status of the investigation, any : court proceedings related to the matter or agreements with subject John Wynne and | other non-indicted co-conspirators. Petitioner filed her Petition for Enforcement | under the CVRA in her Civil RICO matter, Crystal Rivers v USA 6:18-cv-00061, | | filed with the Western District of Virginia soon after learning that she had rights | | under the CVRA and believed she still had rights under the CVRA because there | | had been no known indictment and the crimes were ongoing continuing to be | committed against her and learned of as “newly discovered” in Circuit Court | litigation upon discovery. Because the Goverment had not divulged the status of | i | | their investigation including any identifying case numbers, Petitioner filed her | | underlying CVRA Petition in the District Court raising many issues in several | | years of on-going suffering and reporting state and federal crimes committed . | against her and other victims by Wynne (who operated an illegal banking . enterprise ((Rivermont Banking Company Inc. between 2006 and 2014)). Wynne | who was sued under RICO in the Western District Court of Virginia in 2012 ((in ‘ | re: CVLR Performance Horses Inc v Wynne 6:1 1-ev-00035)) and the subject of | | grand jury investigation, prosecuted by the “Govemment before, during, and . | after the Fourth Circuit’s ruling in Record No. 12-1591. | | In the Fourth Circuit’s Opinion in CVLR, the Appeal’s Court reversed the | | district court’s dismissal of CVLR’s complaint, finding that, “[t]he RICO conduct . | ‘projected into the future with a threat of repetition, citing JJ Inc 492 US at 241, and there was no other indication that Wynne’s conduct was to be limited to only | the identified victims. Thus, the victim’s discovery of the Appellees misconduct does not prevent CVLR from establishing open-ended continuity.” VictimPetitioner was not named as a defendant in CVER but rather alluded to in the complaint with two other victims named. In sum, the Government’s ongoing investigation has not yielded indictment to the best of Victim-Petitioner’s knowledge, the criminal investigation is on-going, requests for status and case numbers have been refused, and no victim notices provided. The Government a . ii ‘ ' continues to obtain additional facts relevant to criminal activity committed against | the Victim-Petitioner filed in her pleadings in the District Court case in re: Crystal | VL Rivers v United States, et al 6:18-cv-00061 and in correspondence sent to the | “Government’s” counsel. The Government continues to bolster their “newly discovered” ongoing investigation case for the IRS, with the assistance of the . | Virginia State Police and other investigative agencies assigned to the federal and grand jury investigations as “government” employees under Rule 6(e). Reports | | were made, investigations ensued, and evidence was gathered from the Petitioner | which led to both the previous and the ongoing investigations, worked and | | | prosecuted by federal and government employees and several attorneys employed | | by th