No. 21-5428

Crystal V. L. Rivers v. United States District Court for the Western District of Virginia

Lower Court: Fourth Circuit
Docketed: 2021-08-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights crime-victims-rights-act criminal-procedure federal-investigation government-disclosure government-misconduct ongoing-investigation rico victim-notification
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-10-08
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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

Docket Entries

2021-10-12
Petition DENIED.
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-09-10
Waiver of right of respondent United States to respond filed.
2021-07-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2021)

Attorneys

Crystal V. L. Rivers
Crystal V. L. Rivers — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent