The Attorney General Guidelines for Victim and Witness Assistance

The Attorney General
Guidelines for Victim
and Witness Assistance
2026 Edition
Effective April 1, 2027
U.S. Department of Justice

Todd Blanche
Attorney General
Trent McCotter
Acting Deputy Attorney General
Stanley E. Woodward, Jr.
Associate Attorney General
________________________________________
The following components contributed to update the 2026 edition of the Guidelines.
Antitrust Division
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Civil Division
Civil Rights Division
Community Oriented Policing Services
Criminal Division
Drug Enforcement Administration
Environment and Natural Resources Division
Executive Office for Immigration Review
Executive Office for United States Attorneys
Executive Office for United States Trustees
Federal Bureau of Investigation
Federal Bureau of Prisons
Justice Management Division
National Fraud Enforcement Division
National Security Division
Office of the Associate Attorney General
Office of the Deputy Attorney General
Office of Justice Programs
Office of Legal Policy
Office of the Pardon Attorney
Office of Privacy and Civil Liberties
Office of Professional Responsibility
Office of Tribal Justice
Office on Violence Against Women
Professional Responsibility Advisory Office
United States Marshals Service

Foreword
The Justice Department’s mission is to uphold the rule of law, to keep our country safe,
and to protect civil rights. In service of this mission, the Justice Department regularly
works with victims and witnesses of crime. Working with these individuals requires a
unique approach that recognizes the harm they have endured and minimizes the risk of
additional harm. I am therefore pleased to issue this updated edition of the Attorney
General Guidelines for Victim and Witness Assistance. The new Guidelines include
statutory and case law updates, discussion of relevant technological developments, and
reflection of our continued commitment to supporting victims and witnesses.
While we cannot reverse the damage many victims have suffered as a result of their
experiences, the Justice Department has a central role to play in victims’ recovery. We
are committed to empowering survivors and fulfilling our responsibilities to them as they
navigate the federal criminal justice system. I am honored to lead the Justice
Department in service of such a worthy duty.
Todd Blanche
Attorney General of the United States

Table of Contents
ARTICLE I: GENERAL CONSIDERATIONS ............................................................................. 1
A. 	Statement of Purpose ..................................................................................................... 1
B. 	How to Apply These Guidelines ...................................................................................... 1
ARTICLE II: GUIDELINES APPLICABLE TO ALL COMPONENTS ......................................... 2
A. 	Encouragement to Provide Services and Assistance ...................................................... 2
B. 	Protecting the Integrity of Investigations, Ensuring Security of Persons, and Providing for
Prosecutorial Discretion .................................................................................................. 2
C. 	Victim Declinations of Services and Exercise of Rights................................................... 3
D. 	Privacy Considerations for Victims and Witnesses ......................................................... 3
E. 	Mandatory Training ......................................................................................................... 6
F. 	Mandatory Reporting of AG Guidelines Compliance ....................................................... 7
G. 	AG Guidelines Compliance Measures ............................................................................ 7
H. 	Professional Responsibility Considerations .................................................................... 7
I. 	Performance Appraisal ..................................................................................................10
ARTICLE III: WHO IS A VICTIM ...............................................................................................11
A. 	Introduction ................................................................................................................... 11
B. 	Victims’ Rights and Restitution Act (VRRA) Definition ................................................... 11
C. 	Crime Victims’ Rights Act (CVRA) Definition ..................................................................12
D. 	Harm .............................................................................................................................13
E. 	Other Persons or Entities Significantly Harmed by a Crime ...........................................17
F. 	Culpability ......................................................................................................................19
G. 	Government Entities ......................................................................................................20
H. 	Victims in a Foreign Country and Foreign National Victims ............................................20
I. 	Foreign Proceedings .....................................................................................................21
J. 	Victims of Juvenile Offenders ........................................................................................22
K. 	Large Numbers of Victims .............................................................................................23
L. 	Specific Victim Populations ............................................................................................23
M. 	Policies Concerning Polygraph Examinations of Victims and Child Witnesses ..............45
ARTICLE IV: MANDATORY SERVICES TO BE PROVIDED UNDER THE VRRA ...................46
A. 	Background ...................................................................................................................46
B. 	Responsible Officials .....................................................................................................46
C. 	Timing of Services .........................................................................................................47
D. 	Coordination of Services ...............................................................................................47
E. 	Victim Identification........................................................................................................48
F. 	Reasonable Protection ..................................................................................................49
G. 	General Information .......................................................................................................50
H. 	Services Referrals .........................................................................................................51
I. 	Notice of Case Events ...................................................................................................52
J. 	Separate Waiting Area ...................................................................................................55

K. 	Return of Property .........................................................................................................55
L. 	Employer/Debt Notification ............................................................................................55
Article V: Victims’ Rights Under the CVRA............................................................................56
A. 	Background ...................................................................................................................56
B. 	Responsibilities of Department Personnel .....................................................................56
C. 	CVRA Right One: Right to Reasonable Protection .........................................................57
D. 	CVRA Right Two: Right to Reasonable, Accurate, and Timely Notice ............................58
E. 	CVRA Right Three: Right Not to Be Excluded from Court ..............................................59
F. 	CVRA Right Four: Right to Be Reasonably Heard .........................................................61
G. 	CVRA Right Five: Reasonable Right to Confer with the Prosecutor ...............................62
H. 	CVRA Right Six: Right to Full and Timely Restitution as Provided in Law ......................63
I. 	CVRA Right Seven: Right to Proceedings Free from Unreasonable Delay ....................71
J. 	CVRA Right Eight: Right to Fairness and Respect for Dignity and Privacy ....................71
K. 	CVRA Right Nine: Right to Be Informed in a Timely Manner of Any Plea Bargain or
Deferred Prosecution Agreement...................................................................................73
L. 	CVRA Right Ten: Right to Be Informed of Rights and Services ......................................74
M. 	In-Court Enforcement Mechanisms ...............................................................................75
Article VI: Witnesses...............................................................................................................76
A. 	Victims’ Services and Rights Laws Do Not Cover Witnesses .........................................76
B. 	Witness Security............................................................................................................76
C. 	Logistical Assistance .....................................................................................................77
D. 	Notification of Offender Release ....................................................................................77
Article VII: Nonlitigability ........................................................................................................78
Appendix A: Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141 .....................79
Appendix B: Crime Victims’ Rights Act (CVRA), 18 U.S.C. § 3771.......................................82

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Article I: General Considerations
A. 	Statement of Purpose
The purpose of this document, the Attorney General Guidelines for Victim and
Witness Assistance (AG Guidelines), is to establish guidelines to be followed by
officers and employees of the U.S. Department of Justice’s (Department)
investigative, prosecutorial, correctional, and parole components in the treatment
of victims and witnesses to crime. In 1982, Congress directed the Attorney
General to promulgate the first AG Guidelines, which have been revised
periodically to reflect changes in the law. See 18 U.S.C. § 1512 note (Federal
Guidelines for Treatment of Crime Victims and Witnesses in the Criminal Justice
System).
These AG Guidelines supersede the Attorney General Guidelines for Victim and
Witness Assistance (2022 ed., effective March 2023).
B. 	How to Apply These Guidelines
1. 	Underlying Authorities
Federal victims’ services and rights laws are the foundation for the AG
Guidelines. The core statutes are the Victims’ Rights and Restitution Act
(VRRA), 34 U.S.C. § 20141 (containing mandatory services), and the Crime
Victims’ Rights Act (CVRA), 18 U.S.C. § 3771 (containing court enforceable
rights), but additional rights and requirements exist in other statutes and rules
of criminal procedure. In the text of the AG Guidelines, all statutory
requirements or rules of criminal procedure are followed by a direct citation to
the applicable statute or rule. Guidelines that are purely Department policy, as
opposed to statutory law, will not be followed by a citation. Guidelines that are
policy intended to implement a statutory right, provision, or procedural rule will
be followed by a citation referring to the statute or rule.
2. 	Obligation Definitions
The AG Guidelines use the word “shall” where “shall” appears in a statute or
when the policy is mandatory. The use of the term “shall” means that the
relevant guideline is mandatory, though room may remain for individual
judgment in determining how best to comply with the guideline. When the AG
Guidelines use the word “should,” personnel are expected to take the action
or provide the service described unless there is an appropriate, articulable
reason not to do so. When the AG Guidelines use the word “may,” personnel
are permitted to use their discretion about whether and how to provide
assistance. Other language may be used in the AG Guidelines to describe the
obligations of personnel; phrases such as “are encouraged” or “make
reasonable efforts” are intended to have their usual and customary meaning.
3. 	Coverage
The AG Guidelines apply to all personnel in the Department who are engaged
in or support investigative, prosecutorial, correctional, or parole functions
within the criminal justice system. They apply to staff regardless of title, grade,
or job description who have contact with victims or take actions that impact

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victims. Department managers should require all contractors whose
employees come into contact with crime victims to provide employee training
on AG Guidelines compliance. Department components should encourage
non-Department personnel specially assigned or deputized to work with
Department components to learn and comply with federal victims’ services
and rights laws and the AG Guidelines.
The AG Guidelines are intended to serve as a model for guidelines on the fair
treatment of crime victims and witnesses for other state and federal law
enforcement agencies.
4. 	Organization
The AG Guidelines are organized around the two primary crime victims’
services and rights laws. Articles I and II deal with general policies affecting all
components and victims. Article III contains the basic definitions of victim
under both of the key laws, as well as sections on unique victim populations.
Article IV covers the government’s mandatory obligations to provide services
to victims of a crime under the VRRA. Article V covers the rights afforded to
victims under the CVRA. Article VI addresses witnesses only. Article VII
consists of the Department’s statement on nonlitigability.
Article II: Guidelines Applicable to All Components
A. 	Encouragement to Provide Services and Assistance
A strong presumption exists in favor of providing, rather than withholding,
assistance and services, including assistance from Department personnel, to
victims of crime. Federal statutes define mandatory services and court-
enforceable rights for federal crime victims that establish a minimum baseline for
the Department’s obligation to crime victims. Department personnel are
encouraged to provide additional assistance to crime victims where appropriate
and within available resources, as situations warrant.
B. 	Protecting the Integrity of Investigations, Ensuring Security of Persons,
and Providing for Prosecutorial Discretion
Protecting the integrity of an investigation, ensuring security of persons, and
providing for prosecutorial discretion are of essential importance to the
Department’s ability to pursue justice. Therefore, when taking action in
accordance with these guidelines, Department personnel are advised that:
(1) Nothing in these guidelines shall be construed to require Department
personnel to take any action that would interfere with or compromise an
investigation. See 34 U.S.C. § 20141(b) and (c)(3)(A).
(2) Nothing in these guidelines shall be construed to require Department
personnel to take any action that would endanger the security of any person.
See 34 U.S.C. § 20141(c)(2); 18 U.S.C. § 3771(a)(1).
(3) Nothing in these guidelines shall be construed to impair prosecutorial
discretion. See 18 U.S.C. § 3771(d)(6).

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C. 	Victim Declinations of Services and Exercise of Rights
Department personnel are required by law and under the AG Guidelines to identify
victims of a crime, notify them of their rights, and offer them services as described in
the AG Guidelines. Victims, however, are not required to exercise their rights or to
accept these services and may choose at any point in the criminal justice process to
decline to receive further services or to decline to exercise their rights. Department
personnel need not provide services or support the exercise of rights that victims
have made an informed decision to decline. Department personnel should attempt
to ascertain whether the victim wants to decline all future services and the exercise
of all rights or only specific services or rights. If the victim declines specific services
or rights, Department personnel should continue to provide any other services and
support the exercise of any other rights that have not been declined. Department
personnel should consider documenting the victim’s informed declination of services
and the exercise of rights.
Department personnel should be aware that victims may initially decline services
and rights for many reasons, including but not limited to: the impact of trauma;
the existence or development of a bond with the perpetrator of the crime,
including a “trauma bond”; actual or perceived threats by the perpetrator;
accessibility of services; or other concerns about interacting with Department
personnel. The extent of the injuries or trauma resulting from a crime may not be
fully known when victims are initially presented with the option to exercise their
rights or receive mandatory services. These underlying injuries or trauma could
impact a victim’s decision whether to accept services or exercise their rights. As
appropriate throughout the criminal justice process, Department personnel
should periodically consult with victims who previously declined to receive
services or exercise their rights to ascertain whether they may now wish to
accept services or exercise rights.
D. 	Privacy Considerations for Victims and Witnesses
Department personnel have a responsibility to protect the privacy of victims and
witnesses, including their personally identifiable information (PII) and other
sensitive information. This responsibility aligns with a victim’s right to be treated
with fairness and with respect for the victim’s dignity and privacy, which is a
broad-based right that should be applied in all contacts with victims. See 18
U.S.C. § 3771(a)(8). For further guidance regarding the Department’s obligations
related to victim privacy, see Article V.J.
1. 	Personally Identifiable Information and Other Sensitive
Information
Department personnel engaged in the investigation or prosecution of a
crime shall be mindful of the privacy concerns of victims and witnesses
throughout the criminal justice process, including detention
proceedings, pretrial hearings, trial, sentencing hearings, appeals, and
parole, probation, and supervised release proceedings. Department
personnel should use their best efforts to protect PII and other
sensitive information of victims and witnesses.

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PII is information that can be used to distinguish or trace an individual
victim’s or witness’s identity, either alone or when combined with other
personal or identifying information that is linked or linkable to a specific
victim or witness, such as name, Social Security Number, date of birth,
biometric records, or mother’s maiden name. PII may also include
bank account information or medical information, and in some
circumstances, may include address, contact information, location, or
place of employment. Department personnel should be aware that
information in multiple sources can be put together to trace the identity
of victims or witnesses.
Sensitive information may include private information, the disclosure or
use of which could cause harm, embarrassment, inconvenience, or
unfairness to the victim or witness, and other information, including
confidential business information, subject to protection under other
statutes (e.g., Trade Secrets Act, 18 U.S.C. § 1905), regulations, or
Department policies.
Best efforts to protect the PII and other sensitive information of victims
and witnesses should generally include omission of their PII and other
sensitive information from documents that will be placed in the public
record, and, where records or documents containing such information
are placed in the public record, they should be redacted consistent with
court rules and procedure. See, e.g., Fed. R. Crim. P. 49.1. When
necessary, Department personnel should also seek protective orders
or employ other means to safeguard the PII and other sensitive
information of victims and witnesses from becoming public or from
being used in court proceedings. If this information must be disclosed
in the course of discovery or in court proceedings, Department
personnel should seek protective orders to prevent dissemination of
this information outside of those proceedings.
In order to protect the dignity and privacy interests of victims,
Department personnel should exercise particular care to safeguard
victim impact statements. To the extent appropriate and legally
permissible, Department personnel should use redaction or other
options to avoid public filing of PII and other sensitive information
contained in those statements. For more information about victim
impact statements in light of victims’ CVRA right to be treated with
fairness and with respect for their dignity and privacy, see Article V.J.
In addition, Department personnel receiving requests for information
about a case or matter should be mindful that information generally
subject to release under other laws should be considered in light of the
CVRA’s intent to protect the dignity and privacy of victims. For further
guidance regarding the release of victims’ sensitive information in light
of their CVRA right to be treated with fairness and with respect for their
dignity and privacy, see Article V.J.

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Nothing in these Guidelines shall be construed to supersede a
prosecutor’s disclosure and discovery obligations under the
Constitution, case law, federal statutes, federal and court rules, or rules
of professional conduct.
COMMENTARY
Victims are “persons,” which are defined as “corporations, companies, associations,
firms, partnerships, societies, and joint stock companies, as well as individuals.” 1
U.S.C. § 1. However, only individual victims have PII and statutory privacy interests.
Other victims may have confidentiality protections for sensitive information under other
statutes (e.g., Trade Secrets Act, 18 U.S.C. § 1905), regulations, or Department
policies. Department personnel should be aware of which protections apply to any
particular victim and be familiar with the relevant statutes, regulations, or Department
policies. The Office of Privacy and Civil Liberties website contains additional
information on Department privacy policies and regulations.
2. 	Sharing of Information for Law Enforcement Purposes
Although Department personnel should employ their best efforts to
safeguard PII and other sensitive information from public disclosure,
there are circumstances in which it is lawful and appropriate to share
with, among others, investigative, prosecutorial, corrections, parole,
and other government agencies, the court or defense, and private
sector entities.
Department personnel directly involved with providing victim and
witness assistance should therefore inform victims and witnesses of
the possibility of necessary disclosures. For example, in those cases in
which the Department returns forfeited funds through the Department’s
Asset Forfeiture Program to victims who have suffered a pecuniary
loss as a result of fraud or financial crime, PII may also be shared
among Asset Forfeiture Program participants, trustees, receivers, or
other entities, as appropriate, to coordinate distributions to victims.
Additionally, it may be necessary to share PII and other sensitive
information with private sector entities or international partners, such
as cyber threat information concerning victims and targeted or affected
entities to assist with mitigation of the threat. For example, Department
personnel may share internet protocol (IP) addresses related to cyber
threats with law enforcement and private sector entities for
cybersecurity purposes or to facilitate threat mitigation, and by doing
so, protect individuals from malicious cyber actors. See, e.g., 6 U.S.C.
§ 1502; Department of Homeland Security & Department of Justice,
Privacy and Civil Liberties Final Guidelines: Cybersecurity Information
Sharing Act of 2015 (2018).
3. 	Dissemination of PII and Other Sensitive Information to the Media
or Public

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Department personnel should use their best efforts to refrain from
releasing PII and other sensitive information of victims and witnesses
to the press or public. In this context, PII may include information that
does not directly identify, but indirectly identifies or may be used to
distinguish or trace the identity of the victim or witness, such as the
defendant’s relationship to the victim (e.g., the name of a family
member or neighbor), the defendant or victim’s affiliation with a tribe or
group, residence in a community, relationship to the victim or their
family, or, in some circumstances, the defendant’s name.
Department personnel should refrain from making any public
statements that concern the identity, testimony, or credibility of any
prospective victim or witness. (Release of Information by Personnel of
the Department of Justice Relating to Criminal and Civil Proceedings,
28 C.F.R. § 50.2(b)(6)(iv) (2010).) Public Information Officers are
strongly encouraged to work with victim assistance personnel and
Department attorneys or agents prior to the publication of press
releases involving information about victims and witnesses.
E. 	Mandatory Training
All Department personnel whose primary job responsibilities affect crime victims
and witnesses, or who in the course of their duties are expected to come into
contact with victims and witnesses, shall complete basic training about the AG
Guidelines, the CVRA, and the VRRA, within a reasonable time after the AG
Guidelines 2026 edition goes into effect. Thereafter, all such personnel shall
complete a yearly training on the AG Guidelines, the CVRA, and the VRRA. If
practicable, new and newly assigned personnel whose primary job
responsibilities affect crime victims and witnesses, or who in the course of their
duties are expected to come into contact with victims and witnesses, should not
assume such duties until after they complete the required training described
above. If the required training cannot be completed before assuming such duties,
the training must be completed within a reasonable amount of time thereafter.
Additionally, components should provide regular training on victim-related topics
as necessary and are encouraged to develop and offer relevant training in
addition to the mandatory training required by these AG Guidelines, such as on
how to implement a victim-centered and trauma-informed response to victims of
crime.
For a discussion of training requirements in connection with Department
personnel’s obligation to report child abuse, refer to Article III.L.1.c.

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COMMENTARY
Components are encouraged to develop and offer relevant training in addition to the
mandatory training required by this guideline. Such training can be more frequent or
can be tailored to specific job responsibilities or frequency of victim and witness
contact.
At the discretion of the component, Department personnel whose primary
responsibilities are for civil cases and litigation may be exempted from this training
requirement. If exempting personnel from the training, components should be mindful
that some civil cases may directly or indirectly affect victims of and witnesses to a
crime, and personnel assigned to such cases should have a fundamental
understanding of the Department’s obligations.
F. 	Mandatory Reporting of AG Guidelines Compliance
The Director of the Office for Victims of Crime (OVC) has the statutory
responsibility for monitoring Department compliance with the AG Guidelines. See
34 U.S.C. § 20103(c)(3)(A). Components shall report to the Attorney General,
through the OVC Director, about their compliance by means of an Annual
Compliance Report containing the relevant data (including the numbers of crime
victims offered services) requested by the OVC Director. Unless directed
otherwise by OVC, a component’s Annual Compliance Report shall be submitted
to OVC no later than April 20 of the fiscal year following the fiscal year that is the
subject of the report.
G. 	AG Guidelines Compliance Measures
Each component shall devise and implement performance measures that will
ensure component compliance with the AG Guidelines and the statutes upon
which they are based. Implementation of compliance measures should be
included in the component’s Annual Compliance Report. See Art. II.I.
H. 	Professional Responsibility Considerations
Department attorneys should consider the applicable rules of professional
conduct when handling victim-related issues. Interactions with victims can be
nuanced and complex, and there is some variance in the applicable rules of
professional conduct from jurisdiction to jurisdiction; thus, Department attorneys
should consult with their Professional Responsibility Officer (PRO) or the
Professional Responsibility Advisory Office (PRAO) for case-specific advice.
Department attorneys may contact the PRAO duty attorneys for advice via phone
or email, and through the Justice Command Center for after-hours emergencies.
Some common issues that might be encountered are set forth below.
1. 	The United States Is the Department Attorney’s Only Client
Generally, a Department attorney’s client is the United States. 6 Op.
Off. Legal Counsel at 61-62 (discussing the “broad plenary authority”
conferred upon the Attorney General under substantive law to act in
the best interests of the United States “in litigation in which the United
States, its federal agencies or departments are involved”).

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Notwithstanding the duties that Department attorneys have to crime
victims under Department policy and federal victims’ services and
rights laws, victims, witnesses, law enforcement officers, and other
government officials are not a Department attorney’s clients and are
not owed the same professional responsibility duties as clients, such
as the duty of confidentiality (discussed further below). However,
Department policy and federal victims’ rights laws require Department
lawyers to inform crime victims of their rights and the statutory basis for
those rights; provide information about the legal process, consistent
with federal statutes and Department policy; and meaningfully consult
with them at critical junctures of the case.
2. 	Interactions with Unrepresented and Represented Victims
a. 	Interactions with Unrepresented Victims
When dealing with unrepresented victims, Department attorneys
should inform victims that Department attorneys are not the
victims’ attorney and that the Department attorneys do not have
an attorney-client relationship with the victims. Department
attorneys should not give victims legal advice and should
instead advise victims of their right to seek legal counsel as set
forth in the CVRA. See Art. V.B.2; 18 U.S.C. § 3771(c)(2). In the
course of informing crime victims of their statutory rights,
explaining court process, preparing them to testify, and
obtaining information for an award of restitution or other
compensation, among other duties, Department attorneys must
remain mindful that victims may misunderstand the Department
attorney’s role, and thus, must swiftly correct any
misunderstandings that might arise. See Model Rules of Prof’l
Conduct R. 4.3.
b. Interactions with Represented Victims
The rules of professional conduct generally prohibit ex parte
contact with represented persons on the subject on which they
are represented. However, depending on the facts of a specific
situation, a Department attorney may be permitted to have ex
parte contact with a represented victim for a valid investigative
purpose or to comply with statutory duties. See Model Rules of
Prof’l Conduct R. 4.2. Notwithstanding the permissibility of the
contact, Department attorneys are prohibited from seeking any
privileged or legally protected information from victims
concerning their communications with their attorney. Id. R.
4.4(a).
3. 	Other Duties
a. 	Duty of Confidentiality
A Department attorney may not reveal confidential information
(see definition below) related to the representation of the United

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States, unless the client gives informed consent, the disclosure
is impliedly authorized to carry out the representation, or the
disclosure is permitted by an exception to the rule. See Model
Rules of Prof’l Conduct R. 1.6 and the Commentary on
Determining Authorized Disclosures. Departmental rules,
regulations, standards of conduct, policies, and guidelines
permit Department attorneys to disclose confidential information
related to crime victims to the extent required to comply with
these AG Guidelines, the VRRA, or the CVRA. Department
attorneys should limit the nature and scope of the disclosure of
confidential information to information that is needed to
effectuate the Department attorneys’ representation of the
United States.
COMMENTARY
The rules of professional conduct define confidential information broadly to include
“all information relating to the representation, whatever its source.” Id. R. 1.6, cmt. [3].
The term “confidential information” in the rules of professional conduct is distinct from
the term “confidential” information in Executive Order 13526, which categorizes
different types of classified information. Certain disclosures of confidential information
are impliedly authorized to carry out the representation under the rules of professional
conduct. For example, notifying a victim of the date and time of a defendant’s
detention hearing—which is required by statutes, Department policy, and court
rules—would be authorized. By contrast, informing a victim that a fugitive-defendant
has been located and is expected to be arrested shortly is not necessary to carry out
the representation and would not be impliedly authorized.
b. Fairness to Opposing Party and Counsel and Access to
Victims
In criminal cases, professional responsibility rules prohibit
Department attorneys from instructing victims or witnesses not
to communicate with members of the criminal defense team.
When victims inquire about their obligation to speak to the
defense team, Department attorneys should advise victims and
witnesses that they may speak to the defense team, may
decline to speak to the defense team, or may request that
Department personnel, or the victim’s own attorney, be present
with them when speaking to the defense team. See Model
Rules of Prof’l Conduct R. 3.4(f).
c. 	Supervision of Non-Attorney Assistants
There are circumstances in which Department attorneys may be
held accountable under the rules of professional conduct for the
actions of non-attorneys with whom they work. Accordingly,
when working with non-attorneys, Department attorneys should
make reasonable efforts to ensure that the conduct of non-

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attorneys is compatible with a Department attorney’s
professional obligations. See Model Rules of Prof’l Conduct R. 5.3.
d. Conflicts of Interest
Department attorneys should be aware that their personal
feelings towards a crime victim may limit their ability to exercise
their normal professional judgment on behalf of the United
States, which could give rise to a conflict of interest. See Model
Rules of Prof’l Conduct R. 1.7(a)(2). For example, a crime victim
who has been severely traumatized or who is particularly
vulnerable may elicit extraordinary sympathy, which may cause
a prosecutor not to perceive legitimate credibility issues or other
weakness in the government’s proof. On the other hand, a
prosecutor may lack sympathy towards a victim who was
impaired due to voluntary consumption of alcohol or drugs or
who demands that the prosecutor’s case be handled in a way
prescribed by the victim. Department attorneys should remain
mindful that a conflict of interest may arise if their personal
feelings towards a victim interfere with their professional
judgment on behalf of the United States.
e. 	Department Attorneys’ Safe Harbor
When Department attorneys are uncertain about the
professional responsibility implications of their conduct, they
should consult their supervisor. A subordinate attorney does not
violate the rules of professional conduct when that attorney acts
in accordance with a supervisory attorney’s reasonable
resolution of an arguable question of professional duty. See
Model Rules of Prof’l Conduct R. 5.2(b). A supervisory attorney
will often be more experienced and provide an objective view of
professional responsibility issues and should be relied upon to
make the close calls. If desired, the attorney or the supervising
attorney may also contact the Professional Responsibility
Advisory Office for information or advice.
I. 	Performance Appraisal
The annual work plans and performance appraisals of each appropriate federal
law enforcement officer, supervisor, investigator, prosecutor, corrections officer,
and parole official (and appropriate staff of those agencies) shall encompass, as
a required activity, implementation and evaluation of adherence or nonadherence
with the victims’ rights and victims’ and witnesses’ services provisions set forth in
the AG Guidelines. All investigative, prosecutorial, correctional, and post-
correctional components with responsibilities for providing rights and services to
victims should include the discharge of such responsibilities among those
components’ criteria for reviews and evaluations. Verification of the institution of
this recommendation must be included in the Annual Compliance Report. See
Art. II.G.

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Article III: Who Is A Victim
A. 	Introduction
Determining who qualifies as a victim may be one of the most difficult aspects of
providing victim assistance. Federal statutes typically contain victim definitions
applicable only to a particular statute’s provisions. Two statutes describe the majority
of the Department’s responsibilities to crime victims. The VRRA, mandates services to
those directly harmed by a crime, whereas the CVRA establishes court-enforceable
rights for those who are directly and proximately harmed as a result of the commission
of a Federal offense or an offense in the District of Columbia.
B. 	Victims’ Rights and Restitution Act (VRRA) Definition
1. 	Basic Definition: For purposes of providing the services described in
Article IV of these AG Guidelines, a victim is “a person that has suffered
direct physical, emotional, or pecuniary harm as a result of the
commission of a crime.” See 34 U.S.C. § 20141(e)(2).
2. 	Institutional Victims: If a victim is an institutional entity (hereinafter,
“entity”), services should be provided through an authorized representative
of the entity. See 34 U.S.C. § 20141(e)(2)(A).
3. 	Representative Victims: If a victim is under 18 years of age,
incompetent, incapacitated, or deceased, services should be provided to
one of the following (in order of preference): a spouse, legal guardian,
parent, child, sibling, another family member, or another person
designated by the court. See 34 U.S.C. § 20141(e)(2)(B). An incapacitated
victim is any victim who is unable to interact with Department personnel
for the purpose of receiving services as a result of a cognitive impairment
or other physical limitation, or because of physical restraint or
disappearance. More than one representative victim can be identified and
provided with services depending upon the circumstances. It is
Department policy that under no circumstances shall a person culpable for
the crime be treated as a representative victim.
4. 	Timing: Department responsibilities to crime victims begin as soon as
possible after the detection of a crime at which they may be undertaken
without interfering in the investigation. See 34 U.S.C. § 20141(b).
Generally, this point in time is defined by the opening of a criminal
investigation.
In some situations, an investigation may be initiated at a point in time
when it is still unclear whether a crime was committed. In those situations,
personnel should follow the guidance of Article II.A.
The end point for Department services obligations may be difficult to
determine, and personnel should use their discretion and sound judgment
to assess whether an investigation or prosecution is finally concluded. At
that point, Department personnel may continue to provide services to the
extent permitted by law and by available resources.

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C. 	Crime Victims’ Rights Act (CVRA) Definition
1. 	Basic Definition: The CVRA defines a victim as “a person directly and
proximately harmed as a result of the commission of a Federal offense or
an offense in the District of Columbia.” 18 U.S.C. § 3771(e)(2)(A).
2. 	Institutional Victims: A victim may be a corporation, company,
association, firm, partnership, society, or joint stock company (hereinafter,
“entity”). See 1 U.S.C. § 1.
3. 	Representative Victims: If a victim is under 18 years of age,
incompetent, incapacitated, or deceased, a family member or legal
guardian of the victim, a representative of the victim’s estate or any other
person so appointed by the court may exercise the victim’s rights, but in
no event shall the defendant serve as a guardian or representative for this
purpose. See 18 U.S.C. § 3771(e). An incapacitated victim is any victim
who is unable to interact with Department personnel as a result of a
cognitive impairment or other physical limitation, or because of physical
restraint or disappearance.
4. 	Timing: Consistent with the considerations addressed in Articles II.B,
V.G.2, and V.K, Department personnel shall make their best efforts to
accord to victims the rights set forth in the Crime Victims’ Rights Act, 18
U.S.C. § 3771(a), as early in the criminal justice process as is feasible and
appropriate, including when the matter is resolved by a non-prosecution
agreement, deferred prosecution agreement, pretrial diversion agreement,
or plea agreement. Consistent with the considerations addressed in
Articles II.B, V.G.2, and V.K, in those limited instances when it is not
feasible or appropriate to accord rights earlier, Department personnel shall
commence their best efforts to accord rights when charges are initiated by
complaint, information, or indictment.
The obligation of Department personnel to make their best efforts to
accord crime victims their rights under Section 3771(a) continues
throughout federal or District of Columbia court proceedings, including any
appeals and post-conviction court proceedings, and through any period of
incarceration and any term of supervised release, probation, community
correction, alternatives to incarceration, or parole. This obligation ends
when: (1) the defendant’s sentence or pretrial diversion is complete; (2)
the defendant’s obligations under a deferred prosecution agreement or
non-prosecution agreement cease; (3) there are no further criminal
proceedings pertaining to that victim, including a pending appeal; or (4)
the government declines to bring charges pertaining to that victim.
If the obligation to accord CVRA rights to a specific victim ends, but the
case nevertheless continues, Department personnel should consult Article
III.E for guidance as to what assistance, if any, they should offer to that
person.

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COMMENTARY
As stated in Article II.B., nothing in these guidelines shall be construed to require
Department personnel to take any action that would interfere with or compromise an
investigation, endanger the security of any person, or impair prosecutorial discretion.
See Art. II.B. (Protecting the Integrity of Investigations, Ensuring Security of Persons,
and Providing for Prosecutorial Discretion).
The Department includes a few districts that, for jurisdictional reasons, handle a
disproportionate number of matters that would, in other districts, be state or local
crimes, such as the U.S. Attorney’s Office for the District of Columbia. Such districts
may seek written approval from the Deputy Attorney General of an alternative policy
under this subsection. Any such policy should explain the structural challenge(s) and
clearly delineate how the office will accord rights promptly in different types of cases,
in alignment with the Department’s general policy expressed above and consistent
with best practices for state and local prosecutors handling similar types of cases in
comparable jurisdictions.
When a person or entity is a victim of a charged offense, but that offense is not
among the charges to which the defendant pleads guilty pursuant to a plea
agreement, when appropriate and feasible, prosecutors should advocate for, or
incorporate into the plea agreement, the opportunity for that victim to speak at
sentencing. See also 18 U.S.C. § 3661. Prosecutors should also seek restitution for
that victim as part of the plea agreement when appropriate and feasible and to extent
that it does not compromise the rights of victims of the offenses of conviction. See
also Art. III.E, V.H.1.d.
5. 	Scope of the Offense: Prosecutors should carefully consider the scope of
the charged offense when crafting the charging document, which will
affect who qualifies as a CVRA victim from charging onward. Charging
decisions are within the discretion of the prosecution, and an individual
can qualify as a CVRA victim regardless of whether they are named in the
indictment. In cases with CVRA victims, prosecutors should give
consideration to CVRA compliance from the outset of the investigation or
prosecution through its conclusion.
D. 	Harm
1. 	Direct and Proximate Harm
Determining whether a person or entity meets the harm element of the
legal definition of victim under the VRRA or CVRA requires a fact-specific
analysis of both the nature of the harm allegedly suffered by the person or
entity and the crime that is alleged to have caused the harm. To qualify as
a victim, both statutes require the alleged harm must be a direct
consequence of the crime; that is, the harm must generally be a “but for”
consequence of the conduct that constitutes the crime or offense,
specifically the crime or offense under investigation, that has been
charged, or for which there has been a conviction, depending on the stage

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of the criminal justice process. Intervening or contributing actions of the
person or entity suffering harm, or of a third party, may preclude a
determination that the crime or offense charged directly caused the harm.
The CVRA requires an additional showing that the alleged harm must
have been proximately caused by the offense. This showing ordinarily
requires that the alleged harm must have been a reasonably foreseeable
result of the crime or offense under investigation, charged, or for which
there has been a conviction. If both conditions are met, the person or
entity at issue meets the CVRA harm element.
COMMENTARY
Case law regarding issues of direct and proximate harm should guide prosecutors’
analysis of who is a victim in certain cases.
For example, children who are depicted in child sexual abuse material (referred to in
federal law as “child pornography”) that has been advertised, transported, distributed,
received, accessed, or possessed are presumed to have been directly and
proximately harmed as an aggregate result of those crimes for purposes of
determining whether they are victims under the VRRA or CVRA. See Paroline v.
United States, 572 U.S. 434 (2014).
Antitrust jurisprudence concerning direct versus indirect purchasers is relevant to the
issue of when a person injured by an antitrust violation has suffered the requisite
harm under the VRRA and the CVRA.
There may also be cases in which a person suffers harm due in part to their own
willful participation in a scheme or transaction, such as criminal tax offenses or certain
other financial crimes. A person’s knowing and willful participation in a fraudulent or
otherwise criminal scheme or transaction, whether or not the person is charged with
an offense, generally negates a determination of direct harm from the crimes being
investigated or offenses charged.
2. 	Types of Harm
Victims may experience physical, emotional, psychological, and/or
pecuniary harm from crimes. Multiple types of harm may result from the
same crime. Emotional harm can be present in a variety of crimes,
including those that do not involve violence. Department personnel should
assess the existence of all possible types of harm on a factual, case-by-
case basis. Department personnel should presume that individuals suffer
emotional harm when they are a victim of or witness to a crime of violence
or when they learn that they were the target of an attempted crime of
violence. This presumption of emotional harm also applies to human
trafficking and child sexual exploitation offenses. The impact of
experiencing or witnessing a traumatic event cannot be overstated.
When implementing these AG Guidelines, Department personnel should
use their best efforts to follow a victim-centered, trauma-informed

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approach in order to recognize that victims may have experienced multiple
forms of trauma, including trauma from the crime itself, trauma from their
injuries or losses, trauma from their involvement in the criminal justice
process, and other forms of pre-existing trauma that may affect their
experience in the criminal justice process. A victim-centered approach
includes the following factors:
 	placing the crime victim’s priorities, needs, and interests at the
center of the work with the victim;
 	providing nonjudgmental assistance and helping victims make
informed choices;
 	striving to restore victims’ sense of safety and security and
safeguarding against policies and practices that may inadvertently
re-traumatize victims; and
 	endeavoring to ensure victims’ rights, voices, and perspectives are
incorporated when developing and implementing protocols that
impact crime victims.
A trauma-informed approach involves an understanding of the
vulnerabilities and experiences of trauma survivors, including the
prevalence and physical, social, and emotional impact of trauma. A
trauma-informed approach recognizes signs of trauma in victims and
witnesses and responds by integrating knowledge about trauma into
policies, procedures, practices, and settings. Trauma-informed
approaches seek to empower the survivor’s feelings of safety, choice, and
control.

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COMMENTARY
Emotional harm may result in a range of physiological and psychological reactions,
from temporary impairment in the ability to cope and function to acute stress reactions
and post-traumatic stress disorder. Visual imagery related to the event and the
emotional and physical reactions associated with reliving the experience may remain
with a victim for many years. Victims who have experienced violence, threats of
violence, intimidation, exploitation, or harassment over an extended period of time
may suffer additionally from complex trauma, which can entail severe emotional
injury.
The role of victim assistance personnel in investigative agencies is particularly critical
to ensuring victims who suffer emotional injury receive timely intervention,
information, and referrals. Later, criminal justice proceedings may reopen emotional
wounds, and timely and appropriate assistance from prosecution-based victim
assistance personnel can help meet victims’ needs at this critical stage. In situations
involving victims under 18 years of age who may have suffered emotional injury,
victim assistance personnel will need to involve a non-offending parent or guardian in
the provision of appropriate services.
In cyber intrusion crimes, the nature and extent of harm caused can take a variety of
forms. For example, damage to computer networks or internet-connected devices or
remediation necessary to restore or replace such systems may result in pecuniary
harm. In other cases, a computer intrusion or other similar crimes may cause
embarrassment, humiliation, or exploitation of a person or entity, such as in sextortion
or ransomware cases.
In cases involving tax administration, such as a tax shelter investigation, Department
personnel should not presume harm merely because participants paid a fee to the
promoter for participation or for some fraudulent benefit promised but not received. A
determination that a participant suffered harm should be based on all of the facts and
circumstances. For additional guidance, contact the National Fraud Enforcement
Division.
3. 	Harm in Cases Involving Theft, Improper Access, or Misuse of PII
and Other Sensitive Information
Determining harm in cases involving the theft, improper access, or misuse
of PII and other sensitive information, as defined in Article II.D.1, above,
can be particularly difficult.
A person or entity that legitimately holds information suffers direct harm if
that information is stolen, improperly accessed, or misused. Direct harm
may include out-of-pocket expenses as well as time spent to remediate
actual or intended harm. It may also include emotional harm, such as
harm resulting from the theft of photographs or videos, or the theft of
sensitive medical information.
A person or entity may also be harmed if information belonging to the
person or the entity is stolen from or improperly accessed through a third

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party and used to commit another crime. If there is no indication from the
facts known at the time and any reasonable additional investigation that
the information has been used or is reasonably likely to be used in the
future, then the direct harm may only be to the person or entity that
legitimately held the information.
Even in the absence of direct harm, Department personnel should, if
feasible and appropriate, notify such persons and entities that their
information was compromised to allow those affected to take appropriate
defensive measures, such as freezing their credit reports or seeking
removal of publicly posted information. In addition, the entity that
legitimately held the third-party information may be obligated by state
statutes or civil court orders to inform the persons or entities whose
information was compromised, so that they may take appropriate
defensive measures. In the absence of a legal obligation, Department
personnel should also encourage those entities to notify persons and
other entities that their information was compromised.
E. 	Other Persons or Entities Significantly Harmed by a Crime
In some cases, there may be persons or entities who do not fall under a statutory
definition of a crime victim but who nevertheless were significantly, even if
indirectly, harmed by the criminal conduct underlying the offense under
investigation, ultimately charged, or addressed in a non-prosecution agreement,
deferred prosecution agreement, pretrial diversion agreement, or plea
agreement. In determining who may be in this category, Department personnel
shall consider the full range of an offender’s relevant criminal conduct, including
any scheme, conspiracy, or pattern of criminal activity, as well as the full course
of conduct related to the offense. See generally 18 U.S.C. § 3663A(a)(2);
U.S.S.G. §§ 1B1.3(a)(1)-(3).
Department personnel should make their best efforts to provide these
significantly harmed persons or entities, when known to the government, with
assistance within available resources, to the extent reasonable, feasible, and
appropriate. This assistance may include: (1) information about the status of an
investigation; (2) the opportunity to communicate with the Department personnel
responsible for the prosecution, including prior to the execution of a non-
prosecution agreement, deferred prosecution agreement, pretrial diversion
agreement, or plea agreement; (3) information about public court proceedings
and potential opportunities for participation; and (4) consultation with prosecutors
regarding any agreement that would require an offender to pay restitution or
other compensation to, or for the benefit of, the significantly harmed persons or
entities.
When complying with this subsection, Department personnel shall act
consistently with: all applicable laws and rules of procedure; Article II.B
(Protecting the Integrity of Investigations, Ensuring Security of Persons, and
Providing for Prosecutorial Discretion); and the principles and factors articulated
in the provisions of these Guidelines that govern similar assistance to statutory

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victims, e.g., Art. V.G. Nothing in this subsection shall be construed to interfere
with or delay the provision of rights and services required by the VRRA and
CVRA to statutory victims or to require or encourage Department personnel to
act adversely to statutory victims’ interests.
COMMENTARY
In this subsection, “course of conduct” means acts that are part of a single episode,
spree, or ongoing series of offenses or that are otherwise substantially connected to
each other by at least one common factor, such as targets, accomplices, motivations,
or means. See U.S.S.G. § 1B1.3 cmt. 5(B) (2021).
Examples of when prosecutors should consider whether and to what extent this
subsection applies include the following:
In a prosecution of a cyber intrusion, a person, such as a user of a free internet-based
email service, or an entity, such as a company that contracts for cloud-based storage,
may be harmed in a way that warrants receiving information, even if that person or
entity does not meet the statutory definition of a victim. Cf. Art. III.D.3.
In a prosecution of a defendant for unlawful possession of a firearm, there may be a
domestic violence victim known to Department personnel to have a credible reason to
fear the defendant’s gun possession. Department personnel may provide assistance
in connection with the possessory crime prosecution.
In a prosecution for (1) making a false statement to any government entity, (2) perjury,
or (3) obstruction of justice, including witness tampering, related to an investigation or
prosecution of a federal offense, persons or entities who are victims of the underlying
offense under investigation or significantly harmed by the defendant’s lie or any
criminal conduct underlying that lie may be provided with assistance in connection
with the false statement, perjury, or obstruction prosecution.
In a prosecution in which the offense is statutorily predicated on another offense,
including non-federal offenses, persons or entities who are victims of the predicate
offense may be provided with assistance in connection with the prosecution
irrespective of whether the predicate is charged.
In a hate crime prosecution, members of the targeted group may feel intimidated or
threatened by criminal conduct even though they do not fall under the statutory
definition of a crime victim. For example, violence at a house of worship may affect
worshippers who were absent the day of the violence. A cross burning at the home of
an inter-racial couple might intimidate others in the neighborhood, particularly people
of color. These, and similar circumstances, may warrant providing the affected
individuals with the assistance set forth above.
Department personnel may also support the submission of a Community Impact
Statement (CIS) by a representative of a community affected by the crime of which
the defendant has been convicted. A CIS is different from a Victim Impact Statement
(VIS), which is a recognized mechanism by which a statutory victim exercises their
Right to Be Reasonably Heard. See Article V.F. If members of the affected community
fall under the CVRA definition of crime victim, then they have a right to be reasonably

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heard and may submit a VIS, regardless of whether the affected community also
submits a CIS.
As noted throughout these Guidelines, some cases—including those with large
numbers of victims, international victims, or unknown or only partially identified
victims—can present unique challenges and may require innovative or alternative
approaches. See, e.g., Art. III.H, III.K, V.D.2, V.E.4. Similar challenges can also occur
in cases with similar groups of significantly harmed persons, including cases involving
regulatory violations or schemes affecting a large number of consumers. In such
cases, Department personnel should offer assistance under this subsection to the
extent possible in light of the circumstances in the case and currently available
resources, recognizing that there may be cases in which it is unreasonable,
infeasible, or inappropriate to provide assistance or in which the scope of such
assistance may need to be limited. In addition, as noted in Article I.B.3, although
these Guidelines are intended to serve as a model for other law enforcement or
prosecutorial agencies, they apply only to Department personnel. Accordingly, this
subsection, as with other provisions of the Guidelines, may apply or be implemented
differently in cases investigated or handled by law enforcement outside the
Department, depending on the facts and circumstances of the case, the agency's
policies and resources, and other relevant factors.
F. 	Culpability
A person or entity who is culpable for or accused of the crime being investigated or
prosecuted should not be considered a victim for purposes of the rights and services
described in the AG Guidelines. Department personnel should determine whether a
person or entity is culpable based on the facts and circumstances known at the time
of investigation, prosecution, or post-conviction. Department personnel should
reevaluate that determination, however, as they learn additional facts and information.
Department personnel should be mindful that a person or entity who is a victim under
the VRRA or CVRA may be culpable for violations or crimes other than the crime for
which they are a victim. For example, a witness who is threatened or injured by
another person to prevent the witness from cooperating with law enforcement or
testifying should be treated as a victim of the intimidation crime even though the
witness may have some culpability in the underlying criminal matter. In such
situations, Department personnel should determine whether a person or entity is a
victim with respect to certain other violations or crimes based on the facts and
circumstances of the investigation or case and should reevaluate that determination
as needed.
Inmates who are victims of crime during their incarceration for other offenses may be
considered victims. An inmate’s detention, however, may prevent the inmate from
exercising the rights and receiving the services normally afforded to victims. For
example, Department personnel are not required by the AG Guidelines to transport
inmates to court to attend hearings relating to crimes against those inmates.
Department personnel should endeavor to assist incarcerated victims in exercising
their rights and accessing services to the extent possible.

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COMMENTARY
Victims of human trafficking may be considered victims for purposes of the
prosecutions of such crimes despite any legal culpability that the victims may have for
ancillary offenses.
Department personnel should be aware that the rights of human trafficking victims
may conflict with the rights of any victim of their crimes and shall use best efforts to
afford all victims their rights as permissible and appropriate under the facts and
circumstances.
A person or entity that is the victim of a cyber intrusion remains a victim for purposes
of the rights and services described in these Guidelines even if the person or entity
may ultimately be subject to civil liability for failing to adequately protect data or to
mitigate the harm caused by an intrusion.
Persons who are knowing and willful participants in an illegal tax scheme or other
financial fraud are generally not considered victims of the crimes charged against the
scheme or fraud promoters, even when the persons are not criminally culpable for the
charged crimes or any of the crimes under investigation. See Article III.F commentary
(discussing willful participation in a fraudulent scheme).
G. 	Government Entities
Neither the federal government nor any state, local, tribal, or foreign government
or agency thereof fall under the definition of crime victim for either mandatory
services or court-enforceable rights; however, they may qualify for restitution
under federal restitution statutes. See 18 U.S.C. § 3664(i). If appropriate and
feasible, Department personnel may notify government entities if they are
impacted by a crime and may provide assistance to these entities pursuant to the
policy contained in section E of this Article. Nothing herein is intended to prevent
a government employee from asserting rights or receiving services as a victim of
crime, even if such crime against the employee arose out of that employee’s
duties.
H. 	Victims in a Foreign Country and Foreign National Victims
The victims’ services and rights laws apply to foreign nationals meeting the
definitions of victim under the VRRA and CVRA, regardless of whether they
reside in the United States. Each country has its own procedures and
requirements for contacting persons located in its territory. Due to sovereignty
concerns, many countries limit or prohibit foreign government officials from
directly contacting persons within that country’s borders. Therefore, contact
with victims and witnesses residing in other countries, for any purpose, needs
to be coordinated with the appropriate officials of the host government through
either the Department’s Office of International Affairs (OIA) or the United
States investigative attaché in the country where the victim resides. If victims
in other countries do not have the ability to speak or read English, Department
personnel should arrange for written communications to be translated.
Because the coordination process can take several weeks, Department

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personnel should allow for extra time to notify victims in foreign countries. In
cases with large numbers of victims, where Department personnel are using
alternate means of notification, such as publication notice through media
outlets or on a public website, coordination with an investigative attaché or
OIA might not be necessary unless using a foreign media outlet or entity.
In certain circumstances, immigration benefits or special status may be
available to victims or witnesses who are likely to be helpful to law
enforcement or government officials or assist in the investigation or
prosecution of certain criminal activity. Some forms of immigration benefits
may also be available to family members of victims. Department personnel
shall not offer victims or witnesses legal advice about immigration issues, but
may, as appropriate and permissible, refer the victim or witness to a legal
service provider. See Art. IV.H (Service Referrals). Department personnel
shall not offer victims or witnesses legal advice about immigration issues, but
may, as appropriate and permissible, refer the victim or witness to a legal
service provider. See Art. IV.H (Service Referrals). Department personnel
should inform the prosecutor immediately about any immigration issues in
the case.
COMMENTARY
Department personnel seeking to fulfill victim notification responsibilities should
consult the OIA attorney responsible for handling matters in the country where the
victim resides to obtain guidance and approval for appropriate victim notification
procedures. In addition, the Federal Bureau of Investigation (FBI), Drug Enforcement
Administration (DEA), or other investigative agency attaché stationed abroad, and
assigned to United States embassies in countries with which the United States has
diplomatic relations, may have information regarding appropriate notification
procedures for victims residing in those countries. Special status or potential
immigration benefits for victims or witnesses exists in many forms. The most updated
sources of information on availability of and eligibility for various humanitarian
programs is available from U.S. Citizenship and Immigration Services. Several forms
of immigration benefits also result in U.S. employment authorization. Department
personnel should be aware that immigration benefits offered to the victim or witness
must be disclosed prior to the victim or witness testifying at trial.
I. 	Foreign Proceedings
Some crimes perpetrated in foreign countries or by persons located in foreign
countries are also subject to United States jurisdiction. When a crime being
investigated or prosecuted in the United States is also the subject of a foreign
investigation or prosecution, victims in the United States investigation/
prosecution may need assistance in obtaining information about and participating
in the foreign prosecution. Department personnel may assist victims in the United
States investigation/prosecution with information about foreign prosecutions and
facilitate participation therein when appropriate and feasible with available
resources.

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J. 	Victims of Juvenile Offenders
Generally, victims of juvenile offenders are victims for purposes of the VRRA,
CVRA, and the AG Guidelines, but the Federal Juvenile Delinquency Act (FJDA)
(18 U.S.C. §§ 5031-5042) restricts the type of information that may be disclosed
to victims about investigations and proceedings regarding juvenile offenders
unless the juvenile waives the restrictions or has been transferred for criminal
prosecution as an adult. As outlined below, this law affects how the statutory
CVRA rights can be provided to victims.
a. 	Victim Services
During the investigative stage, a crime victim should receive the services
to which the victim would normally be entitled, but only a general
statement about the progress of an investigation into the role of a juvenile
suspect may be disclosed. Investigators and other Department personnel
are cautioned that the name and other identifying data about a suspect
who is known or believed to have been younger than 18 when the crime
occurred should not be disclosed.
b. Victim Rights
In federal juvenile delinquency proceedings, the FJDA nondisclosure
provisions circumscribe victims’ ability to exercise many CVRA rights.
Compare 18 U.S.C. § 3771(a) (2)-(4) with 18 U.S.C. § 5038(a).
Nonetheless, victims can, as in other criminal cases, be offered
reasonable protection when needed (see 18 U.S.C. § 3771(a)(1)); confer
with the attorney for the government (see 18 U.S.C. § 3771(a)(5)); and
make known their injuries and views on appropriate disposition including
whether the prosecutor should move to detain, dismiss, defer prosecution,
move to transfer to adult status or accept a plea, and how severe a
sentence is warranted. Prosecutors should inform victims that
presentence investigation reports and victim impact statements are not
mandated at dispositional hearings but that a victim may prepare such a
statement for the prosecutor to offer to the court. The prosecutor may also
request that the court order the probation office to include a victim impact
statement. Courts may order restitution in federal juvenile delinquency
proceedings (18 U.S.C. § 5037(a); see 18 U.S.C. § 3771(a)(6)), and
victims have the right to be treated with fairness and respect for their
dignity and privacy (see 18 U.S.C. § 3771(a)(8)). Prosecutors shall advise
victims that they can seek the advice of a private attorney. See 18 U.S.C.
§ 3771(c)(2). Department personnel are not permitted to convey to the
victim any prosecutorial information about the progress of a juvenile
proceeding unless the court makes a delinquency finding.
After a finding of delinquency, federal law explicitly permits disclosure, on
request, of information about the final disposition to the victim or, if the
victim is deceased, to the victim’s immediate family. See 18 U.S.C. §
5038(a)(6). Upon request, a victim should be apprised of the final
disposition of the case and the sentence imposed on the offender, but not

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the date when the juvenile offender in their case will be released from
custody, unless the victim has requested such notification at that time.
K. 	Large Numbers of Victims
Cases with a large number of victims present unique challenges in affording
victims’ rights and services. While individual contact with victims is preferred,
such contact may not be feasible in cases involving hundreds or thousands of
victims—for example, data breach cases and cases involving compromises of
multiple computers, such as botnets. Department personnel should use
technology and be creative, with the goal of providing rights and services to the
greatest extent possible given the circumstances and resources available. See
specific discussions in Articles IV.E (victim identification), V.D.2 (right to notice),
V.E.4 (right not to be excluded from court), V.F (right to be reasonably heard),
and V.G.2 (right to confer). In addition, Department personnel should coordinate
between victim assistance personnel at the investigating agency and the
prosecuting office in cases with large numbers of victims to maximize resources
and effectively communicate with victims.
L. 	Specific Victim Populations
This subsection of the Guidelines addresses the unique needs of the following
types of victims: child victims; victims of domestic violence, sexual assault,
stalking, and human trafficking; American Indian or Alaska Native victims; older
victims and persons living with disabilities; financially vulnerable victims; and
victims with limited or no proficiency in English. As appropriate, this subsection
describes practical and legal considerations when working with these types of
victims. Department personnel should be mindful that a victim may fall into more
than one of these categories and should be sensitive and accommodating to a
victim’s vulnerabilities.
Victims in each of these categories are considered to be vulnerable victims.
However, victims can be considered vulnerable for different reasons or due to
other circumstances. Vulnerable populations may be at higher risk of becoming
victims of crime and may have a more difficult time participating in the justice
system. When working with victims from any vulnerable population, it is important
to assess and identify any barriers that might limit their ability, capacity or
willingness to cooperate with investigators, prosecutors, and victim-witness staff,
and to identify resources, procedures, and other actions that can support them in
overcoming these challenges.
Certain accommodations may benefit many different types of vulnerable victims.
For example, Department personnel can support arrangements for victims and
witnesses to participate in court proceedings via teleconference or video-
conference when appropriate and legally permissible. In addition, Department
personnel should use best efforts to implement an approach that considers the
individualized needs of victims and witnesses during the investigation and
prosecution of crimes. See, e.g., Art. III.H (Victims in a Foreign Country and
Foreign National Victims), Art. III.L.3 (American Indian and Alaska Native Victims
of Crime).

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When declining prosecution of a matter that involves an ongoing threat or relates
to acts of violence or abuse against vulnerable victims, including minors, or
reviewing whether federal prosecution should be initiated for such a matter,
prosecutors should be mindful of the directive in the Justice Manual concerning
coordination with state, local, and tribal law enforcement authorities. See Justice
Manual 9-27.240.
Department personnel should comply with legal requirements and the following
practices when working with these vulnerable victim populations.
1. 	Child Victims
a. 	Department Obligations
Department personnel should be aware of the trauma that child
victims and witnesses may experience when they are asked to
recount the crime during the investigation and prosecution of a
criminal case, particularly when testifying in court. A primary goal of
Department personnel, therefore, shall be to reduce the potential
trauma to child victims and witnesses that may result from their
contact with the criminal justice system. To that end, Department
personnel should provide age-appropriate support services to these
victims, and referrals for community-based services to parents and
guardians as indicated. See Art. IV.H (Services Referrals).
b. Definitions
i. 	Child: For purposes of the AG Guidelines, a child is a person
under the age of 18 years. For guidance on notifying child
victims after they reach the age of majority, see Article IV.I.5
(Victim’s Age).
ii. 	Child Abuse: For the purposes of this section, “child abuse”
means the physical or mental injury, sexual abuse or sexual
exploitation, or negligent treatment of a child. “Sexual abuse”
includes rape, molestation, or incest with children. “Sexual
exploitation” includes the production, distribution, receipt,
possession, or access of child sexual abuse material
(referred to in federal law as “child pornography”), as well as
the commercial sexual exploitation of children (child sex
trafficking), and the employment, use, persuasion,
inducement, enticement, or coercion of a child to engage in,
or assist another person to engage in, sexual abuse or
sexual exploitation of children. The term “negligent
treatment” means the failure to provide, for reasons other
than poverty, adequate food, clothing, shelter, or medical
care so as to seriously endanger the physical health of the
child. “The term ‘child abuse’ does not include discipline
administered by a parent or legal guardian to his or her child
provided it is reasonable in manner and moderate in degree

U.S. Department of Justice | The Attorney General Guidelines for Victim and Witness Assistance 	25
and otherwise does not constitute cruelty.” See 34 U.S.C. §
20341(c)(8).
c. 	Child Abuse Reporting Requirements
i. 	Requirement to Report Suspected Child Abuse
Whenever Department personnel are required to report
suspected child abuse, whether pursuant to these
Guidelines or as required by any law, they shall do so
expeditiously and with a sense of urgency. Department
personnel who, in the course of official business, learn of
facts that give reason to suspect child abuse shall promptly
report the suspected child abuse to the appropriate law
enforcement or Child Protective Services agency, and
should also notify the Department personnel designated to
receive such reports in their agency, component, or office. In
addition, certain Department personnel may be legally
required to report suspected child abuse under state, tribal,
and/or federal law. These mandatory reporting requirements
and related reporting procedures are discussed below.
ii. 	Child Abuse Discovered from a Grand Jury, an Investigation,
or a Confidential Source
Information learned during a grand jury investigation could
implicate Federal Rule of Criminal Procedure 6(e). Grand
jury secrecy rules generally prohibit the disclosure of
“matters occurring before the grand jury.” Fed. R. Crim. P.
6(e). When Department personnel suspect that a child is
being abused based on information learned in connection
with grand jury testimony or a matter within the grand jury,
Department personnel shall immediately consult with the
Department attorney handling the grand jury investigation.
The Department attorney shall also immediately consult with
a supervisor, and if needed, a professional responsibility
officer, to determine how to properly report the suspected
abuse. Circumstances may allow Department personnel to
report child abuse without revealing grand jury information. If
reporting the suspected child abuse would require the
disclosure of grand jury information, the Department attorney
handling the grand jury investigation may need to obtain
court authorization to disclose the information. See Fed. R.
Crim. P. 6(e)(3)(E)(iv).
When Department personnel suspect that a child is being
abused based on information gathered during an
investigation or from a confidential source, they should make
every effort to report the abuse to the appropriate authorities
in order to protect the safety of the child. If it is not possible

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to report the suspected child abuse without compromising an
investigation, compromising a confidential source, disclosing
protected information (e.g., classified information, law
enforcement sensitive information, or information that could
compromise investigative sources or methods), or
endangering public safety, Department personnel shall,
without delay, obtain guidance from the designated
component responsible official. See Art. IV.B (Responsible
Officials) for a listing of component responsible officials. The
component responsible official shall not delegate this
responsibility. Component responsible officials are
encouraged to consult personnel with expertise in the
subject matter of child abuse and should be aware of the
penalties, some of them criminal, which could result from a
decision to delay reporting or not to report. See Art.
III.L.1.c.iv.b (Sanctions for Failure to Report).
iii. 	State Mandatory Reporting Laws
All Department personnel should refer to their state child
abuse reporting laws to determine the scope of their
obligations in cases of suspected child abuse. State laws
vary substantially. Some states require mandatory reporting
of child abuse or neglect by all persons within their
boundaries; others require such reporting only from persons
engaged in expressly listed occupations. A report should be
made even if the information inadvertently comes to the
Department personnel’s attention, but not if the suspected
child abuse has already been reported and is the subject of
an existing report or investigation. Reports of child abuse
required by state or local law shall be made to the agency or
entity identified in accordance with that law.
All 50 States, the District of Columbia, American Samoa,
Guam, the Northern Mariana Islands, Puerto Rico, and the
U.S. Virgin Islands have statutes specifying procedures that
state agencies must follow in handling reports of suspected
child abuse or neglect. In most states, these procedures
include requirements for cross-system reporting
(simultaneous reporting to different authorities, such as law
enforcement and Child Protective Services) and/or
information sharing among professional entities.
Whether or not required by state law, Department personnel
are encouraged to cross-report because it ensures that the
appropriate information gets to the agency that must conduct
the investigation or family assessment. Cross-reporting is in
the best interests of the child because it creates a holistic
response by engaging both law enforcement, which can

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investigate the crime, and Child Protective Services, which
can provide services and take measures to address the
health and safety of the child.
iv. 	Federal Reporting Requirement
(a) Mandated Reporters
The federal child abuse reporting law requires certain
professionals (including law enforcement personnel,
probation officers, criminal prosecutors, juvenile
rehabilitation or detention facility employees, and
social workers) who learn of facts that give reason to
suspect child abuse while working on federal land or
in a federally operated (or contracted) facility, to
report suspected child abuse, as defined in 34 U.S.C.
§ 20341 (regardless of where the child is cared for or
resides), to an investigative agency designated by the
Attorney General to receive and investigate such
reports. See 28 C.F.R. Part 81. This statutory
requirement to report suspected child abuse applies
regardless of whether the suspected abuse occurred
on federal land or in a federally operated facility. If the
Department employee is a mandated reporter
pursuant to 34 U.S.C. § 20341(a) and learns of the
suspected abuse while working on federal land or in a
federally operated facility, then it must be reported.
(b) Sanctions for Failure to Report
A covered professional who, while working on federal
land or in a federally operated (or contracted) facility,
learns of facts that give reason to suspect that a child
has suffered an incident of child abuse (regardless of
where the child is cared for or resides) and fails to
timely report shall be fined or imprisoned not more
than one year or both. See 18 U.S.C. § 2258.
(c) Reporting Suspected Child Abuse
As described in section (iv)(a) above, if a Department
employee is a mandated reporter pursuant to 34
U.S.C. § 20341, that employee must report suspected
child abuse regardless of where the abuse occurred.
However, the procedures for reporting may differ
depending on where the abuse occurred. Although
not required under federal law, Department personnel
should consider simultaneously reporting the matter
to law enforcement and the appropriate Child
Protective Services authority (as noted above, some
states require simultaneous reporting).

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i. 	Suspected Child Abuse Occurring Outside
Federal Land or a Federal Facility
Department personnel shall report suspected
child abuse that occurred anywhere other than
on federal land or in a federal facility to the
local Child Protective Services agency or local
law enforcement agency where the abuse
occurred.
ii. 	Suspected Child Abuse Occurring on Federal
Land or in a Federal Facility
If the suspected abuse occurred on federal
land or in a federal facility, then Department
personnel should report it the local law
enforcement agency or local Child Protective
Services agency that has jurisdiction to
investigate reports of child abuse or to protect
child abuse victims in the area or facility in
question. When no such agency has entered
into a formal written agreement with the
Attorney General to investigate such reports,
the FBI shall receive and investigate such
reports. See 28 C.F.R. § 81.3.
iii. 	Suspected Child Abuse in Indian Country
Reporting child abuse in Indian country is
governed by 18 U.S.C. § 1169 and 25 U.S.C. §
3203. (The Department uses the term “Indian
country” because it is a legal term that is
defined in federal law to include land within
reservations, “dependent Indian communities,”
and allotments. See 18 U.S.C. § 1151.)
Covered professionals shall report suspected
cases of child abuse to the federal, state, or
tribal agency with primary responsibility for
child protection or investigation of child abuse
within the portion of Indian country involved. If
the report involves a potential crime and either
involves an Indian child or an Indian suspect,
the local law enforcement agency is required to
make an immediate report to the FBI. See 25
U.S.C. § 3203(b)(2).
iv. 	Immediate Reports
Department personnel should report suspected
child abuse by a method best suited to giving
immediate notice. According to 34 U.S.C. §

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20341(f), Department personnel are
encouraged to use a standardized form, but
such use shall not take the place of the
immediate making of reports by other means
when circumstances dictate. Reports may be
made anonymously. Reports are presumed to
have been made in good faith and reporters
are immune from civil and criminal liability
arising from the report unless they act in bad
faith. See 34 U.S.C. § 20341(g). Reporters
should document their report in the same
manner that they document other important
work-related actions.
v. 	Mandatory Training
Mandated reporters, as defined in 34 U.S.C. §
20341, shall complete a yearly basic training
on the reporting requirements. Initial training
must be completed within a reasonable time
upon hire and/or upon assuming job
responsibilities that require the employee to be
a mandated reporter.
d. Privacy Protections for Child Victims and Witnesses
Department personnel should scrupulously protect children’s
privacy in accordance with 18 U.S.C. § 3509(d), the AG Guidelines,
and other Department policies. A child’s name or other identifying
information (other than a pseudonym) should not be reflected in
court documents or other public records unless otherwise required
by law.
i. 	Motion to Render Nonphysical Identifying Information
Inadmissible
Federal prosecutors may move in any prosecution under
Chapter 110 or section 1466A of title 18 for an order that the
name, address, Social Security Number, and other
nonphysical identifying information (other than the age or
approximate age) of any minor who is depicted in any child
sexual abuse material (referred to in federal law as “child
pornography”) shall not be admissible and may be redacted
from otherwise admissible evidence. See 18 U.S.C. §
2252A(e).
ii. 	Sanctions for Violating the Disclosure Rules
A knowing or intentional violation of the privacy protection
accorded children in 18 U.S.C. § 3509(d) is a criminal

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contempt punishable by not more than one year’s
imprisonment, or fine, or both. See 18 U.S.C. § 403.
e. 	Child Protections During Criminal Investigations
i. 	Multidisciplinary Child Abuse Teams
A multidisciplinary child abuse team is a professional unit
composed of representatives from health, social service, law
enforcement, and legal service agencies to coordinate
the assistance needed to handle cases of child abuse.
See 18 U.S.C. § 3509(a)(7). The goals of the
multidisciplinary team are (1) to minimize the number of
interviews to which the child is subjected to reduce the
risk of suggestibility in the interviewing process, (2) to
provide needed services to the child, and (3) to monitor
the child’s safety and well-being.
A multidisciplinary child abuse team shall be used when
feasible. See 18 U.S.C. § 3509(g)(1). Department
personnel should use existing multidisciplinary teams,
including Child Advocacy Centers, in their local
communities. Law enforcement personnel are
encouraged to bring other professionals onto the teams.
Local laws and guidelines concerning the teams may
vary, and federal personnel should become familiar with
the local provisions. If no multidisciplinary team is in
place in a particular community, Department personnel
should coordinate with the local Child Protective Services
or Child Advocacy Center and other agencies and
experts to assemble the expertise necessary to ensure
the most effective response to the crime and victim.
ii. 	Investigation and Forensic Interviewing of Child Victims and
Witnesses
The first investigator responding to a report of child abuse or
sexual abuse shall refer the child victim for a medical
examination. Whenever possible, interviews of child victims
and witnesses should be conducted by personnel properly
trained in child interviewing techniques. Child and
Adolescent Forensic Interviewers with the FBI or United
States Attorneys’ Offices (and other professional forensic
interviewers employed by other law enforcement agencies or
Child Advocacy Centers) use an evidence-based, legally
sound, developmentally appropriate, and child-sensitive
methodology that is designed to obtain accurate information
while minimizing trauma experienced by a minor victim or
witness. Although forensic interviews are primarily used as
an investigative tool, they may also yield information useful

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to the Child Protective Services (or other agencies) for
decisions concerning custodial placement and mental health
treatment. Before disclosing the substance of a forensic
interview to other agencies, Department personnel should
confirm that such disclosure is permissible and appropriate.
COMMENTARY
Evidence from medical examinations and forensic interviews of children may provide
the only corroboration for a successful prosecution of the case, particularly in cases of
child abuse. Medical examinations provide documentation of the event and injuries,
and forensic interviews gather factual information from a child to determine if the child
was the victim of a crime or witnessed a crime against another person. The forensic
interview should be appropriate for the child’s age and developmental level, but it
should not be confused with a therapeutic interview that is conducted for the purpose
of designing treatment for and providing treatment to a child.
iii. 	Addressing Child Well-Being
Investigators should try to determine whether children will be
on the scene of an arrest, search warrant, or other
enforcement action. If children are reasonably anticipated to
be present, investigators should take appropriate actions to
address the safety and well-being of children and reduce the
potential for the infliction of traumatic stress on any children
present. Such actions may include having victim specialists,
local child protection agencies, and/or multidisciplinary
response teams present at the scene before and during the
law enforcement action as appropriate under the
circumstances. Such specialists likely have appropriate
training on or expertise with working with children and
developmentally appropriate responses to trauma and
should assess the child’s well-being and make appropriate
recommendations for care or services.

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COMMENTARY
When assessing a child’s well-being, Department personnel should consider whether
the child lives in or is exposed to an environment where drugs, including
pharmaceuticals, are abused, or used, possessed, trafficked, diverted, or
manufactured illegally. In such environments, children may experience or be at risk of
experiencing physical, sexual, or emotional abuse; medical, educational, emotional,
or physical harm; or neglect, including harm resulting or possibly resulting from the
inhalation, ingestion, or absorption of drugs. Department personnel shall consult with
appropriate experts, including medical personnel and Child Protective Services, to
determine the appropriate care and services for children in such situations. Further,
such environments may foster other crimes involving children. For example, children
may be caused or forced to engage in criminal conduct or may participate in illegal or
sexual activity in exchange for drugs or money. When a child is forced, compelled, or
coerced to engage in criminal activity, is caused to engage in sexual activity in
exchange for drugs or money, or is caused to engage in any sexual activity on
account of which there is an exchange of anything of value by any person, that
constitutes human trafficking.
f. 	Child Protections During Judicial Proceedings
i. 	Child Witnesses
Section 3509 of Title 18 provides mechanisms for the
protection of child witnesses during judicial proceedings,
including closing the courtroom during a child’s testimony or
allowing the child to testify via alternative means, allowing
the use of adult attendants or testimonial aids, and
expediting proceedings. Department personnel prosecuting
cases involving children should review and are urged to
become familiar with the accommodations and protections
under applicable law and use them as necessary to protect
the interests of child witnesses.
For purposes of testifying, a child is presumed to be
competent. See 18 U.S.C. § 3509(c)(2). If competency is
challenged, the court may permit an attorney, but not a party
appearing pro se, to examine a child directly on competency,
if the court is satisfied that the child will not suffer emotional
trauma as a result of the examination. Federal prosecutors
should consider making this request of the court because in
many instances questioning by a familiar person may be less
traumatic for the child. Prosecutors should, however, be
aware that defense attorneys likewise may make such a
request. See 18 U.S.C. § 3509(c)(7).
ii. 	Guardian ad Litem
To protect the best interests of the child, the court may
appoint a guardian ad litem for a child who was a victim of,

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or a witness to, a crime involving abuse or exploitation. See
18 U.S.C. § 3509(h)(1). Prosecutors shall request that the
court appoint a guardian ad litem for a child who was a
victim of a crime committed by a legal guardian, parent,
someone who has custody over the child, or by someone
who resides with the child. Although 18 U.S.C. § 3509(h) by
its terms applies only to cases in which a child is a victim of
or witness to abuse or exploitation, prosecutors are strongly
encouraged to move for the appointment of a guardian ad
litem in any case in which a child is a victim of or witness to
a crime.
iii. 	Victim Impact Statements
Department personnel should obtain and report to the
probation officer accurate information concerning a child’s
victimization. Children may prepare victim impact
statements. Child victim impact statements should be in an
age-appropriate format that permits the child to express their
views concerning the personal consequences of their
victimization at a level and in a form of communication
commensurate with their age and ability.
Department personnel should request information from the
multidisciplinary child abuse team and other appropriate
sources to determine the impact of the offense on the child
victim and any other children who may have been affected,
in order to provide the probation officer with the most useful
and accurate information possible.
As stated in Article II.D, in order to protect the dignity and
privacy interests of victims, Department personnel should
exercise particular care to safeguard victim impact
statements. See Art. II.D.1.
2. 	Victims of Domestic Violence, Sexual Assault, Stalking, and Human
Trafficking
a. 	Statement of Purpose
Victims’ rights laws and policies are of particular importance to
victims of domestic violence, sexual assault, stalking, and human
trafficking. These crimes often cause emotional trauma in addition
to physical injury, which may make it more difficult for victims to
report these crimes. These victims often are in great danger of
future violence after reporting a crime, during the investigation and
prosecution of cases, and after defendants are released from
prison. Appropriate responses in these cases can save lives,
prevent future violence, and promote victim recovery.

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Department personnel who work with victims of domestic violence,
sexual assault, stalking, and human trafficking should recognize the
particular vulnerability of these victims, use their best efforts to
respect the privacy and dignity of these victims, and make victim
safety a high priority. These personnel should have received
training on or have experience with working with victims of these
crimes or should consult with Department personnel who have such
training or experience.
b. Specific Guidelines
i. 	Evidence of Past Sexual Behavior
Evidence about a victim’s past sexual behavior or alleged
sexual predisposition is generally inadmissible in court.
Prosecutors should be aware of this evidentiary rule and use
it when appropriate. See Fed. R. Evid. 412.
ii. 	Referrals for Assistance in Developing a Safety Plan for
Domestic Violence, Stalking, and Human Trafficking Victims
A safety plan is an individualized plan developed by
domestic violence, stalking, and human trafficking victims to
reduce the threats of harm they and their family members
face. Safety plans include strategies to get to safety in the
face of potential physical violence and physical or
psychological harm (e.g., obtaining a protective order) and
strategies to maintain basic human needs (e.g., housing and
income) in spite of the disruptions caused by the
victimization, which may include relocation, loss of
employment, and physical injury. Victims may need
assistance in identifying potential risks to safety and well-
being, options for addressing those risks, and information
about the types of services and support that may be required
from the criminal justice system and community-based
providers. Department victim assistance personnel should
consider providing referrals to community-based victim
assistance programs (including Child Advocacy Centers,
Family Justice Centers, and organizations focused on
particular crime victimizations or communities) with expertise to
address those needs. Victim assistance personnel should also
be familiar with any programs that exist in the jurisdiction that
allow for confidentiality of the victim’s address and the
requirements for enrollment in those programs.
iii. 	Limited Testing of Defendants in Sexual Assault Cases
The responsible official shall advise a victim of a sexual
assault that poses a “risk of transmission” of the Human
Immunodeficiency Virus of the circumstances under which
the victim may obtain an order that the defendant be tested

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for this condition and that the results be shared with the
victim. See 34 U.S.C. § 12391(b)(1).
iv. 	Payment for and Preservation of Medical Forensic
Examinations of Sexual Assault Victims
A victim of sexual assault under federal law, including cases
of sexual assault in Indian country, has the right not to be
prevented from, or charged for, receiving a medical forensic
examination. 18 U.S.C. § 3772(a)(1). Generally, a sexual
assault medical forensic examination (sometimes also called
a “forensic medical examination”) is an examination provided
to a victim of sexual assault by medical personnel to gather
evidence of a sexual assault in a manner suitable for use in
a court of law (see, e.g., 28 C.F.R. § 90.2(c)), as well as to
diagnose and treat the victim for possible injuries. Such an
examination should include, at a minimum: (i) gathering
information from the patient for the forensic medical history;
(ii) head-to-toe examination of the patient; (iii) documentation
of biological and physical findings; and (iv) collection of
evidence from the patient. See 28 C.F.R. § 90.2(c)(1).
It is critically important that the investigative agency fulfill its
responsibility to pay for medical forensic sexual assault
examinations as other resources may not be available, and
the absence of a medical forensic examination may hinder
the ability of prosecutors to proceed with a criminal case.
The responsible official or the head of another department or
agency that conducts an investigation into a sexual assault
shall pay, either directly or by reimbursement to the victim,
the cost of a physical examination of the victim and the costs
of materials used to obtain evidence as well as for testing for
sexually transmitted infections. See 34 U.S.C. § 20141(c)(7).
Department components with responsibility to investigate
sexual assault should develop policies and protocols that
govern how the component will pay for or arrange payment
for medical forensic examinations, train relevant staff on
those policies and protocols, and coordinate with medical
facilities that provide medical forensic examinations to
ensure timely and uniform payment for exams. It is a best
practice for the department or agency to pay the cost of the
examination directly to the health care provider rather than to
reimburse a victim who has paid for the examination. In no
case shall the victim be held responsible for payment for the
examination or be required to seek reimbursement for the
examination from their insurer. Moreover, in no case shall a
victim of sexual assault be required to participate in any

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investigation or prosecution in order to be provided with a
forensic medical examination free of charge.
A sexual assault victim has the right to: (i) have a sexual
assault evidence collection kit or its probative contents
preserved, without charge, for the duration of the maximum
applicable statute of limitations or 20 years, whichever is
shorter; (ii) be informed of any result of a sexual assault
evidence collection kit, including a DNA profile match,
toxicology report, or other information collected as part of a
medical forensic examination, if such disclosure would not
impede or compromise an ongoing investigation; and (iii) be
informed in writing of policies governing the collection and
preservation of a sexual assault evidence collection kit.
Further, a sexual assault victim has the right, upon written
request, to receive written notification from the appropriate
official with custody of the sexual assault evidence collection
kit not later than 60 days before the date of the intended
destruction or disposal of the kit; and upon written request,
be granted further preservation of the kit or its probative
contents. A sexual assault victim has the right to be informed
of the rights listed in this paragraph. See 18 U.S.C. §
3772(a)(2)-(4).
At the time of an assault, the victim may not be prepared to
make a decision to participate in the investigation and/or
prosecution of a sexual assault case. Provision of the free
medical examination ensures the evidence is collected and
will be available: (i) should the victim decide to participate,
(ii) if the government decides to prosecute without the
victim’s participation, or (iii) if the evidence is needed at a
later date.
Although the Violence Against Women Act of 1994 (VAWA),
Pub. L. No. 103-322, 108 Stat. 1796, certification requires
only that states or other governmental entities incur the full
out-of-pocket costs of the elements of a sexual assault
medical forensic exam listed in 28 C.F.R. § 90.2(c)(1), best
practice in the field considers such an exam to include both
forensic elements and medical elements, such as
information, treatment, and referrals, for sexually
transmissible infections, pregnancy, suicidal ideation, alcohol
and substance abuse, and other nonacute medical
concerns, and follow-up as needed to provide additional
healing and treatment. Department policies governing
medical forensic sexual assault examinations should
address the payment of these related medical services that
may be medically necessary, have evidentiary value, or

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otherwise be deemed appropriate. Department personnel
should be mindful that victims may incur expenses for
medical care beyond what is minimally related to the initial
collection of evidence, and help victims identify appropriate
financial resources. This might include helping victims apply
for victim compensation funds or medical benefits, or
arranging payment from departmental funds where
authorized.
v. 	Availability of Payment for Testing and Counseling in Cases
of Sexual Assault
The responsible official of the investigative agency shall
inform victims of the Attorney General’s obligation to pay the
costs for up to two anonymous and confidential tests of the
victim for sexually transmitted diseases during the 12
months following the assault, and to pay the cost of a
counseling session by a medically trained professional
regarding the accuracy of such tests and the risk of
transmission of sexually transmitted disease to the victim as
a result of the assault. See 34 U.S.C. § 20141(c)(7).
vi. 	Right to Make a Statement About Pretrial Release
The responsible official shall reasonably, and in a timely
manner, inform a victim of an interstate domestic violence,
violation of a protection order, or stalking offense that they
have the right to make a statement regarding the danger
posed by the defendant for the purpose of determining
pretrial release of the defendant or the conditions of such
release. See 18 U.S.C. § 2263.
vii. 	Mandatory Restitution
VAWA requires courts to order full restitution in cases of
sexual abuse (see 18 U.S.C. § 2248) and interstate
domestic violence, violation of a protection order, and
stalking (see 18 U.S.C. § 2264). The Trafficking Victims
Protection Act of 2000 (TVPA), Pub. L. No. 106-386, 114
Stat. 1488, requires courts to order restitution in cases of
trafficking in persons prosecuted under Chapter 77.
Restitution under the TVPA shall include “the full amount of
the victim’s losses” including “the greater of the gross
income or value to the defendant of the victim’s services or
labor or the value of the victim’s labor as guaranteed under
the minimum wage and overtime guarantees of the Fair
Labor Standards Act.” See 18 U.S.C. § 1593 as amended.
viii. 	VAWA Self-Petitioning

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VAWA allows certain foreign nationals who are victims of
physical abuse to file for immigration benefits without their
abusers’ assistance or knowledge. This benefit is available
only for the spouses and children of U.S. citizens or aliens
lawfully admitted for permanent residence. See 8 U.S.C. §
1154 and Article III.H (Victims in a Foreign Country and
Foreign National Victims) for additional guidance on
immigration issues.
3. 	American Indian and Alaska Native Victims of Crime
a. 	Background
American Indians and Alaska Natives (AI/AN) are impacted by
crime at rates far higher than most other populations in the United
States. Extreme poverty, a lack of local resources, geographic
isolation and other factors often compound the impact crime has on
these individuals, families, and communities. Because of these
factors, defending the rights of and providing services to AI/AN
victims of crime in Indian country are often especially challenging.
However, the Federal government has a trust responsibility to
tribes, requiring Department personnel who investigate, prosecute,
and respond to crimes in Indian country to make their best efforts to
afford AI/AN victims the rights and services provided by law.
In addition, Department personnel should be aware that they
may encounter AI/AN victims who are victims of federal crimes
outside Indian country. Department personnel should be aware
that those victims may share similar vulnerabilities and traditions
as those who live in Indian country and should treat them in
accordance with this section.
Finally, because of the complicated jurisdictional structure that
applies to many parts of Indian country, Department personnel
should explain to victims how responsibility for their cases will be
handled and ensure that any jurisdictional questions are resolved
as quickly and transparently as possible so that victims are not
without support from responsible officials.
b. The Government-to-Government Relationship
The Department’s Principles for Working with Federally Recognized
Indian Tribes reflect the deep commitment to working closely with
tribes, respecting their tribal sovereignty, and effectively responding
to victims. Department personnel working in Indian country should
be trained on the principle of tribal sovereignty and the unique
cultural history and traditions of the tribe or tribes with which such
personnel work. To achieve this goal, Department personnel
working on Indian country cases must receive training on how to
work effectively with tribal governments.

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c. 	Outreach and Coordination with Tribes
In keeping with the Department’s government-to-government
relationship with federally recognized tribes, and consistent with
federal law and Department policies and directives, appropriate
officials in Department components working in Indian country are
required to proactively reach out to tribal leadership to discuss how
to partner on public safety issues and to address the needs of
victims when cases arise. See, e.g., The Tribal Law and Order Act.
In conducting this outreach, federal prosecutors working Indian
country cases should coordinate with other federal prosecutors with
relevant expertise, particularly those who prosecute child sexual
exploitation and human trafficking offenses, along with members of
multidisciplinary child abuse teams. Proactive outreach will better
inform Department personnel of these practices up front, which will
inform their discussions with victims after a crime occurs.
Each tribe has unique cultural, spiritual, or language considerations
that may impact investigatory or prosecutorial procedures.
Department personnel working Indian country cases should learn
about the tribes in their district and shall consult with those tribes in
designing appropriate processes for both investigations and
prosecutions, including preferred terminology to reference the tribe.
Department personnel should also be mindful that individual AI/AN
victims may or may not share the same cultural practices as other
tribal members. Department personnel should discuss with victims
their individual needs.
Department personnel should offer to meet tribal members in their
own communities. Department personnel should endeavor to be
partners not only when crimes occur but also are encouraged to
participate in tribal community and cultural events to establish trust
and rapport with the tribe and its members. Department personnel
working in Indian country are encouraged to lead, or participate in,
efforts to build collaborative partnerships between federal, tribal,
and state or local law enforcement agencies to foster cooperation
and information-sharing in criminal cases that may have cross-
jurisdictional implications.
d. Case-Specific Communications
i. 	Resources
Personnel should use a victim-centered and trauma-
informed approach that accounts for AI/AN victim’s and
witnesses’ cultural traditions during the investigation and
prosecution of crimes committed in Indian country. This
approach includes establishing a communications plan with
all relevant personnel early in a case and traveling to meet
with victims in their own community whenever possible.

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Participating in the court process is often financially and
logistically difficult for tribal victims. Department personnel
should seek to mitigate the effects of financial burdens
whenever permissible under Department policy regarding
advance witness fees, travel assistance, and reimbursement
of court-related travel expenses for fact witnesses
subpoenaed to testify at a scheduled federal judicial
proceeding. See Art. VI (Witnesses)
ii. 	Privacy
Many tribal communities are close-knit and Department
personnel must address victim confidentiality and privacy
concerns. This obligation aligns with a victim’s right to be
treated with fairness and with respect for the victim’s dignity
and privacy as further discussed in Article V.J (CVRA Right
Eight). Refer to Article II.D (Privacy Considerations for
Victims and Witnesses) for a discussion regarding privacy
considerations of victims. Immediate and extended family
members often play a significant role in AI/AN victims’ lives.
Department personnel should provide opportunities for these
victims to have the support of family throughout the criminal
justice process, to the extent the victim desires. Sometimes,
the absence of family support for a victim may indicate that
the victim could be a target for retaliation for cooperating
with the investigation and prosecution of the offender.
Federal personnel should be aware of the potential for
retaliation against the victim if they observe that the victim’s
family members do not appear to support the victim’s desire
to cooperate with the investigation or prosecution of their
offender. Department personnel must promptly address any
security concerns, as discussed in Article IV.F (VRRA) and
Article V.C (CVRA). When victim assistance personnel
discuss community resources, they should also discuss
resources outside the community that may allow the victim
more privacy.
iii. Media and Publicity
When issuing press releases, it is imperative that offices
refrain from including information that could potentially
identify the victim, embarrass the victim, or invade the
victim’s privacy. In a small tribal community, even the use of
initials or descriptions of family relationships may be enough
to identify a victim. Refer to Article II.D.2 (Sharing of
Information for Law Enforcement Purposes) for a discussion
of victim privacy considerations in the context of press
releases, along with Article V.J (CVRA Right Eight), which
discusses the issuance of press releases in accordance with

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victims’ right to be treated with fairness and with respect for
their dignity and privacy.
e. 	Cultural Practices and Evidence Collection
Consistent with the right to be treated with fairness and respect,
Department personnel should be aware of a particular tribe’s
preferred practices and take all reasonable steps to conduct
investigations in ways respectful of cultural traditions to the extent
that they do not create an unreasonable risk of interfering with the
investigation, leading to the possible destruction of evidence, or
otherwise being inappropriate or detrimental to the victims’
interests. See Art. V.J (CVRA Right Eight). Department personnel
should also afford opportunities for culturally based services
wherever appropriate.
In many tribes, spiritual and cultural practices around death and
burial are particularly sacred. Department personnel should be
mindful of those practices when collecting evidence or collecting
personal effects from the bodies of crime victims so that the body of
the decedent and their personal effects can be returned to the
family to observe traditional or cultural burial rites as soon as they
are no longer needed for evidentiary purposes. Similarly,
investigators collecting evidence shall make their best efforts to
ensure the maintenance and return of that property in a manner
that is consistent with the traditional or cultural practices of a victim.
See generally 34 U.S.C. § 20141(c)(6) (requiring responsible
officials to ensure that any property of a victim that is being held for
evidentiary purposes be maintained in good condition and returned
to the victim as soon as it is no longer needed for evidentiary
purposes). See also Art. IV.K (Return of Property). Burial costs or
the cost of repatriating the body of a homicide victim for burial, as
well as costs associated with a victim participating in traditional
cultural practices as part of recovering from a crime, may be
compensable through restitution, or through a state’s crime victim
compensation program. Department personnel should assist AI/AN
victims with accessing these financial resources where appropriate.
f. 	Sexual Violence Crimes
Some crimes—such as sexual violence—disproportionately affect
AI/AN adults and children. Due to the prevalence of these crimes in
Indian country, Department personnel should be aware of how the
trauma caused by these crimes may impact primary and secondary
victims, specific cultural practices that may facilitate a victim’s
healing, and how to observe trauma-informed practices when
communicating with victims in the aftermath of such crimes. A
prompt and respectful response to the disclosure of sexual violence
may be essential to the development of trust necessary for a viable

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prosecution. See Art. III.L.2 (Victims of Domestic Violence, Sexual
Assault, Stalking, and Human Trafficking).
In cases involving sexual violence, a victim may desire to
participate in a spiritual or healing practice that could interfere with
documentation of any injuries or the collection of biological
evidence. For example, participation in a sweat lodge by a victim of
sexual assault could hinder the collection of evidence such as
semen, skin, or hair. As early as possible, Department personnel
should provide information to victims of sexual violence about the
potential impact on a case if biological evidence is compromised,
but also respect the wishes and choices of these victims to engage
in those practices, in accordance with the victims’ right to be treated
with fairness and with respect for their dignity and privacy. See Art.
V.J (CVRA Right Eight).
4. 	Older Victims and Persons Living with Disabilities
Older adults, persons with physical and mental disabilities including
emotional and behavioral disabilities, as well as persons with
developmental and intellectual differences, are distinctly different
groups. However, Department personnel should be aware that these
groups sometimes experience similar vulnerabilities that may present
unique challenges when working with these populations. These vulnerable
victims and witnesses may have difficulty walking, hearing, or seeing, or
be on significant medications or in chronic pain. Some may have an
impaired level of cognitive function, dementia, depression, post-traumatic
stress, ambivalence, or fear, which could cause them to be particularly
vulnerable and anxious about the criminal justice system. Some older
victims may lack familiarity or confidence with technology and internet use,
making them more vulnerable to victimization and less aware of their
victim status. Department personnel should take time to identify the
specific needs and requirements of these populations, and address those
needs and requirements in a victim-centered way.
To the extent possible (and whenever required by Section 504 referenced
below), Department personnel should consider the physical limitations of
vulnerable victims and witnesses when scheduling matters with the court
and should make arrangements with the court in advance to
accommodate any such limitations, if necessary. For example, whenever
permissible under Department policy regarding reimbursement of court-
related travel expenses for witnesses subpoenaed to testify, Department
personnel should consider helping to make transportation arrangements to
and from court for victims and witnesses who do not drive, have difficulty
walking, or have other physical limitations that make it challenging to
attend court proceedings. Department personnel should consider
arranging for the victim or witness to attend court proceedings via video
conference when permissible and appropriate. For victims and witnesses
with mobility issues, including persons with disabilities who are

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homebound, prosecutors should consider the use of video depositions.
Arrangements should be made for wheelchairs and assistive listening
devices, if needed.
For those vulnerable victims and witnesses living with intellectual
disabilities or with substance use disorders, Department personnel should
consider personal assistants or aides during court proceedings to ensure
appropriate access to support and medical assistance as needed. The
Department will provide training to recognize the symptoms of acute crisis,
such as a severe mental health crisis. Department personnel should
provide referrals, when appropriate, to organizations that can provide
wrap-around support and services.
Department personnel should be mindful of the mandates of Section 504
of the Rehabilitation Act and other relevant statutes. Department
personnel should account for a victim’s or witness’s disability when
providing rights and services. For example, Department personnel should
ensure that court-certified American Sign Language interpreters are
requested, where appropriate. In addition, victims with cognitive
disabilities can benefit when investigative interviews are conducted by
specially trained interviewers. Whenever possible, Department personnel
should ensure that interviewers are appropriate for a victim’s specific
needs.
Some older adult victims or victims with disabilities are also particularly
vulnerable to potentially exploitive familial or caretaker relationships.
Prosecutors should not share private information regarding adult victims
with any person except at the direction of the victim or, in the event of
death, incapacity, or incompetence, at the direction of a person described
in Articles III.B.3 and III.C.3 (Representative Victims).
Whenever Department personnel suspect that an older or otherwise
vulnerable adult victim or witness may be suffering from neglect, abuse,
exploitation, or threatened retaliation (whether or not the person is a victim
or witness in the matter being investigated or prosecuted), Department
personnel should promptly contact the local Adult Protective Services
agency and/or local law enforcement agency to report the concerns.
Department personnel should also be aware of any applicable obligations
to report such abuse and to work with Adult Protective Services pursuant
to state law. The grounds for reporting such abuse may include physical
evidence of abuse, sudden personality changes, disinterest in old habits,
and signs of caregiver neglect. Prior to making a report to Adult Protective
Services, Department personnel should inform the victim that such report
will be made, unless doing so is not feasible or practical, or would
endanger the victim. Department personnel should consider the effects
that reporting may have on the victim’s immediate safety, and make best
efforts, including consult with appropriate experts, to mitigate any risk to
the victim’s safety that may arise from the reporting process.

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In addition, Department personnel should provide referrals, where
appropriate, for any available services, including to local social service
agencies best able to meet the victim's needs. Department personnel
should also be aware of possible nursing home abuse and report potential
abuse to Adult Protective Services, law enforcement, and/or the state
Attorney General’s office, as appropriate. Adult Protective Services may
be able to assist in identifying resources and support.
Department personnel should also seek to mitigate the effects of financial
vulnerability whenever permissible under Department policy regarding
reimbursement of court-related travel expenses for fact witnesses
subpoenaed to testify. See Art. VI (Witnesses).
5. 	Financially Vulnerable Victims
Department personnel should seek to mitigate the effects of financial
vulnerability whenever permissible under Department policy regarding
reimbursement of court-related travel expenses for fact witnesses
subpoenaed to testify. See Art. VI (Witnesses). Department personnel
should coordinate these efforts with sufficient time to make arrangements.
Prosecutors shall undertake best efforts to maximize restitution awarded,
collected, and distributed for financially vulnerable victims. See Art. V.H
(CVRA Right Six).
Department personnel should also be aware of possible economic
consequences, retaliation, or intimidation to victims and witnesses who
have a direct or indirect financial relationship with the accused. For
instance, victims may be financially vulnerable because they are residing
in locations that are leased, owned, or paid for by the perpetrators, such
that the victims may be left without shelter as a result of reporting the
crime or cooperating with the prosecution. This form of consequence,
intimidation, or retaliation can be just as harmful to victims or witnesses as
physical threats.
Department personnel may need to take additional measures to protect
the identity of any victims or witnesses when there is an employer-
employee type of relationship or other form of financially dependent
relationship. Economic retaliation or intimidation can be used to prevent
victims or witnesses from participating in the criminal justice process.
Department personnel should be aware that there may be laws and
resources to protect victims and witnesses in these circumstances such as
whistleblower protection statutes, resources for emergency subsistence,
court orders of protection, and conditions of bond or release.
6. 	Victims with Limited or No Proficiency in English
Limited English Proficient (LEP) individuals are individuals who do not
speak English as their primary language and who have a limited ability to
read, write, speak, or understand English. Language proficiency may be
contextual. Individuals who possess English language proficiency in
certain types of interactions may find that their English language skills

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falter when faced with a stressful or unfamiliar situation (such as a law
enforcement encounter, legal proceeding, or medical encounter).
When required, Department personnel are responsible for providing
competent, quality-tested language assistance to LEP individuals in
investigations, cases, and matters. Such assistance may involve
interpretation (oral language assistance) and/or a translation (written
language assistance or assistance relating to documents). Federal
statutes (see, e.g., 28 U.S.C. § 1827, the Court Interpreters Act), the
Federal Rules of Evidence, and the Federal Rules of Criminal Procedure
are among the authorities that apply to interactions with LEP victims,
witnesses, and others.
In addition to language proficiency and the ability to communicate
accurately, it is also important that the interpreter have no association with
the victim or perpetrator, and not be another victim, family member, or
minor.
Qualified interpreters may be unavailable, particularly in less populated or
rural areas of the United States and its territories, or on short notice. In
those circumstances, Department personnel may consider using video
remote interpreters, or, if needed, toll-free telephonic interpreters.
However, before doing so Department personnel should consider that it is
more difficult to establish rapport with a victim remotely, and particularly
over the phone, where an interpreter cannot observe body language and
non-verbal cues.
M. 	Policies Concerning Polygraph Examinations of Victims and Child
Witnesses
1. 	Child Victims and Witnesses
Under no circumstances may Department personnel request or administer
a polygraph examination of a victim or witness who is under the age of 18.
This policy does not apply to individuals under the age of 18 who are the
subject of the investigation for which the examination is requested or
administered.
2. 	Victims Who Are Adults at the Time of the Investigation
Where the victim is an adult at the time of the investigation, the following
policies apply:
Department personnel are strongly discouraged from asking crime victims
to take polygraph examinations. Department personnel shall consider any
potential adverse impact on the victim that could be caused by even a
request to administer the examination. If requesting or administering a
polygraph examination on any crime victim, Department personnel shall
ensure that the victim freely, knowingly, and voluntarily consents to the
administration of the polygraph, and that the victim is told that
administration of the polygraph is not a condition of continuing the
investigation.

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In addition to the conditions noted above, in the course of investigating
sexual assault, domestic violence, stalking, human trafficking, or child
sexual exploitation, the investigating agent may not ask the victim to take
a polygraph examination in furtherance of such investigation except in
extraordinary circumstances and only with the approval of both the
appropriate senior supervisory Assistant U.S. Attorney (i.e., section/unit
chief or higher) with oversight of the investigation and/or with responsibility
for approving such requests, or their equivalent in a Department litigating
division, and the Special Agent in Charge of the investigating field office.
Such approval shall only be provided after all other reasonable
investigative methods have been exhausted.
Article IV: Mandatory Services to be Provided Under the VRRA
A. 	Background
The VRRA mandates that Department personnel provide certain services to
“crime victims” starting from the initiation of an investigation. The VRRA
provisions are referred to as “services” to be distinguished from victims’ “rights,”
which are contained in the CVRA and are covered in Article V. There is some
overlap between rights and services; for example, “reasonable protection” is
considered both a right and a service. Each statute, however, has its own
definition of crime victim. See Article III for the definitions under each statute.
Accordingly, there may be some victims who qualify to receive services who will
not be able to enforce crime victims’ rights under the CVRA. This Article primarily
addresses the VRRA victim services provisions.
B. 	Responsible Officials
The VRRA requires the Attorney General to designate persons in the Department
of Justice who will be responsible for identifying the victims of a crime and
performing the services described in that section at each stage of a criminal
case. These persons are referred to as “responsible officials” in the statute and
the AG Guidelines. See 34 U.S.C. § 20141(a). Responsible officials may
delegate their responsibilities under the AG Guidelines to subordinates in
appropriate circumstances, but responsible officials remain obligated to ensure
that delegated responsibilities are discharged.
The Attorney General designates the following responsible officials:
1. 	Investigations
a. 	Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug
Enforcement Administration (DEA), and the Federal Bureau of
Investigation (FBI) – the Special Agent in Charge (SAC) of the
division having primary responsibility for conducting the
investigation;
b. 	Office of the Inspector General (OIG) – the Inspector General; and
c. 	United States Marshals Service (USMS) – the United States
Marshal in whose district the case is being conducted.

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2. 	Once Charges Are Filed
The United States Attorney in whose district the prosecution is pending,
unless a Department litigating division is solely litigating the case in which
situation the responsible official is the section chief to whom the lead
prosecutor reports. By mutual agreement, the United States Attorney and
any Department litigating division can transfer responsible official status to
the other entity. Agreements should be in writing and detail how victim
obligations are to be fulfilled (see, e.g., Memorandum from the Acting
Assistant Attorney General, Criminal Division, on implementing the
Attorney General Guidelines for Victim and Witness Assistance to the
Director, Executive Office for United States Attorneys (June 17, 1993)).
3. 	Corrections
For cases in which the Bureau of Prisons (BOP) has become involved –
the Director or Warden of each BOP facility where the defendant/offender
is incarcerated.
4. 	Parole
For proceedings relating to parole, parole revocation, release to
supervision for all parole-eligible offenders, and supervised-release
revocation for District of Columbia offenders – the Chairman of the United
States Parole Commission.
The responsible official shall designate the personnel who will carry out
victim services in each Department of Justice investigating field office,
United States Attorney’s Office, litigating division, corrections facility, and
parole office. The responsible official shall instruct designated personnel
to comply with the AG Guidelines and shall delegate to such personnel the
authority to carry out the activities thereby required.
C. 	Timing of Services
Department responsibilities to crime victims begin as soon as possible after the
detection of a crime at which they may be undertaken without interfering with the
investigation. See 34 U.S.C. § 20141(b). Generally, this point in time is defined
by the opening of a criminal investigation. See Article III.B.4 for additional
guidance on the time parameters for Department obligations.
D. 	Coordination of Services
Department personnel should coordinate with each other in providing victims with
the services required by federal law and the AG Guidelines. Subject to available
resources, victim witness personnel of the United States Attorneys’ Offices are
strongly encouraged to assist Department components with victim matters in
criminal cases charged in their district.
The nature and extent of services provided may vary with the type of harm
experienced by the victim and other surrounding circumstances. When victims
require services provided by personnel from another Department component or
other agency, Department personnel should appropriately coordinate with and

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introduce victims to other components’ and agencies’ victim assistance
personnel. Introductions should include an explanation of each component’s role.
Department personnel should support each other as members of a team,
coordinating services to the greatest possible extent, with a goal of providing
consistent services to meet victims’ needs.
E. 	Victim Identification
At the earliest opportunity after the detection of a crime at which it may be done
without interfering with an investigation, the responsible official of the
investigative agency shall identify the victims of the crime. See 34 U.S.C.
§ 20141(b)(1). Victim identification means identifying the names and contact
information for victims. The responsibility for identifying victims continues with the
investigative agency throughout the criminal justice process. Other Department
components or other investigative agencies may also identify victims, but all
identifications should be coordinated with the lead case agent.
For those components having access to the automated Victim Notification
System (VNS), identified victims’ names and contact information should be
entered into VNS as soon as practicable, but no later than at criminal charging. In
cases where the identified victim is less than 18 years old, Department personnel
should enter the child’s date of birth into VNS to facilitate notification when
children (who may receive notification through parents or guardians) become
adults and are entitled to direct notification. Non-VNS participating components
should maintain victims’ names and contact information in a format that can be
easily converted to the VNS system should the investigation result in a
prosecution.
Some specialized types of cases are not entered into VNS during the investigative
stage. These include national security investigation/counterterrorism cases. In those
cases, responsible officials from the investigative agency should record identified
victims’ names and contact information in another secure manner.
Identifying and locating victims can be one of the most difficult tasks in a case
with a large number of victims. Both technology and traditional law enforcement
methods can be utilized to identify victims. For example, officials may use notices
on official websites, social media, or in print or broadcast media to ask victims to
contact the agency. Access to a toll-free number or email address can be
arranged so that victims can both provide identification information and receive
information about available assistance and services. Department personnel,
consistent with applicable law, may also work with banks, internet service
providers, private sector entities, hospitals, schools, employers, nonprofit
organizations, faith-based organizations, and disaster-assistance centers, where
appropriate, to reach out to victims and to secure identification and contact
information. In large white-collar crime cases, names and addresses of victims
may be obtainable from the defendants’ records, while in cyber intrusion or other
similar cases, it may be necessary to seek the assistance of an intrusion victim or
other entities to fully identify victims as well as other persons who may not be
statutory victims but nonetheless may wish to take defensive measures. For

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crimes involving aviation disasters, the FBI is the lead investigative agency and
has specialized protocols for collecting passenger- and ground-casualty victim
information.
F. 	Reasonable Protection
The responsible official of the investigative agency shall arrange for a victim to
receive reasonable protection from a suspected offender and persons acting in
concert with or at the behest of the suspected offender. See 34 U.S.C. §
20141(c)(2).
When a victim has been identified, the responsibility of arranging for reasonable
victim protection remains with the responsible official of the investigative agency
throughout the criminal justice process. Department personnel should consider
victims’ legitimate security concerns at every point during the criminal justice
process—to include the investigation, prosecution, incarceration, and post-
incarceration supervision stages—and should coordinate with the responsible
official of the investigative agency to promptly assess victim security concerns
and take reasonable measures.
Department prosecutors should seek reasonable legal protections for identified
victims. These measures may include requests for detention of the defendant or
appropriate conditions of release such as stay-away/no-contact orders,
heightened supervision, or drug and alcohol testing. When feasible, prosecutors
should coordinate with victim assistance personnel when addressing victim
security concerns, particularly regarding safety-planning, the provision of
information about civil protective orders, and referrals to crime victim
compensation programs that may have options available for emergency housing.
Prosecutors should, in their discretion, consider using available resources to
address victim security concerns, pursuant to existing rules and regulations
governing such resources. See Article VI.B for a discussion regarding witness
security and the federal witness security program.
Responsible officials shall take reasonable measures to address victims’
legitimate security concerns. Considerations set forth in Article II.B should inform
whether protection measures are reasonable. Moreover, determining the nature
and scope of such measures requires an evaluation of the threat level and
identification of reasonable options to address that threat within available agency
resources as well as the risk to the security of other individuals.
COMMENTARY
The right to reasonable protection does not guarantee victims physical protection. For
example, neither the CVRA nor the VRRA requires the Department to provide victims
with a security detail or bodyguards to ensure their physical security.
Department personnel should use their discretion and sound judgment when
discussing possible threats and protective measures with victims. Trained
personnel should make victims aware of the resources that may be available to

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promote their security. As with other rights and services, victims may choose to
accept or decline any option or options offered by the Department. See Art. II.C.
Prosecutors are expected to coordinate with designated responsible officials from
investigative components to develop collaborative procedures to address the
security concerns of victims in their districts. Department personnel should
immediately report articulable concerns about victim safety and reports of threats
to the lead case agent.
COMMENTARY
Investigations may involve multiple law enforcement agencies with differing
investigative authorities and resources. In multi-agency investigations, the
responsible officials of the agencies should coordinate to ensure that victims receive
reasonable protection from a suspected offender or persons acting in concert with or
at the behest of the suspected offender. See Art. V.C.
G. 	General Information
After the investigative agency opens a case, a responsible official should provide
victims with the following general information as needed:
1. 	Information About VNS: Victims should be informed that they generally will
receive notification of case developments through VNS. In some
circumstances, however, either alternative or additional means of victim
notification may be necessary or appropriate. Victims may decide at any
time to opt out of receiving VNS or other types of notifications. Department
personnel may direct victims to websites, or provide brochures, to provide
additional information about VNS.
2. 	Logistical Information: Victims should be informed of available assistance
with respect to transportation, parking, childcare, translator services, and
other investigation-related services. Once the prosecution agency files
charges, the responsible official of the prosecution agency is responsible
for informing and assisting victims with such information in connection with
prosecution-related services. Even before the prosecution files charges,
the responsible prosecution official should assist victims with logistical
information in connection with pre-charging court proceedings such as
grand jury appearances. The responsible official of the Parole
Commission is responsible for informing and assisting victims with similar
services in connection with parole hearings.
3. 	Department Personnel Who Are Victims of Crime: The responsible
officials of each agency should inform Department personnel that they can
access an Employee Assistance Program as well as generally available
victim assistance programs. Responsible officials should assist personnel
in accessing appropriate victim services.
4. 	Information About the Criminal Justice System: During all stages of the
process, a responsible official should provide statutory victims with

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general information about the criminal justice process, specifically
including:
a. 	Role: The role of the victim, prosecutor, defense attorney,
defendant, court, and other participants in the criminal justice
process and what the victim can expect, including what requests
may be made of the victim during the criminal justice process.
b. 	Stages: The stages in the criminal justice process that are
significant to a crime victim and the manner in which information
about such stages can be obtained.
See 18 U.S.C. § 1512 note (Federal Guidelines for Treatment of Crime
Victims and Witnesses in the Criminal Justice System); cf. Pub. L. No. 97-
291, § 6(a)(1)(C), (D).
5. 	Custodial Release Eligibility Information: A responsible official of the
custodial agency shall provide the victim with general information
regarding the corrections process, including information about work
release, furlough, probation, and eligibility for each. See 34 U.S.C.
§ 20141(c)(8).
H. 	Services Referrals
At the earliest opportunity after detection of a crime at which it may be done
without interfering with an investigation, a responsible official shall provide
identified victims with information about services available to them. See 34
U.S.C. § 20141(b)(2). The information shall include the name, title, business
address, and telephone number of the responsible official to whom services
requests should be addressed (see 34 U.S.C. § 20141(b)(3)), and the types of
services available, including, as appropriate:
1. 	The place where the victim may receive emergency medical or social
services. See 34 U.S.C. § 20141(c)(1)(A).
2. 	The availability of any restitution or other relief (including crime victim
compensation programs) to which the victim may be entitled under this or
any other applicable law and the manner in which such relief may be
obtained. See 34 U.S.C. § 20141(c)(1)(B).
3. 	Public and private programs that are available to provide counseling,
treatment, and other support to the victim. See 34 U.S.C. §
20141(c)(1)(C).
The responsibility for providing a victim with referrals for services during the
investigation lies with the responsible official for the investigative agency. Once
an investigation has transferred to the prosecutorial entity or charges are filed,
responsible officials from the prosecutorial entity are responsible for ensuring
referrals for services are made as appropriate. If a victim has already received
referrals for services from the investigative agency, the prosecutorial entity and
investigative agency shall employ their best efforts to coordinate any existing and
new referrals to ensure consistency, avoid duplication of services, and meet the
best interests of the victim and the case.

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Under the CVRA, the prosecutor shall advise the crime victim that the crime
victim can seek the advice of an attorney with respect to their CVRA rights. See
Art. V.B.2; 18 U.S.C. § 3771(c)(2). In accordance with the VRRA (see 34 U.S.C.
§ 20141(c)), Department personnel are encouraged to provide victims with
general information on how to seek legal representation through non-profit
organizations, legal aid organizations, state bar associations, and law-school
affiliated clinics. Such general information must be provided in a manner
consistent with the Standards of Ethical Conduct for Employees of the Executive
Branch. See 5 C.F.R. § 2635. Department personnel should consult with their
ethics officials for additional guidance.
I. 	Notice of Case Events
1. 	During the Investigation
During the investigation of a crime, unless prohibited by a specific statute,
regulation, or Department policy, a responsible official for the investigative
agency shall use their best efforts to provide persons meeting the VRRA
victim definition (see Art. III.B (VRRA Definition)) with the earliest possible
notice concerning:
a. 	The status of the investigation of the crime, to the extent that it is
appropriate and feasible to inform the victim and to the extent that it
will not interfere with the investigation. See 34 U.S.C. §
20141(c)(3)(A).
b. 	The arrest of a suspected offender to the extent that it is
appropriate and feasible to inform the victim and to the extent that it
will not interfere with the investigation. See 34 U.S.C. §
20141(c)(3)(B).
COMMENTARY
Prosecutors and investigators often work collaboratively prior to formal charges being
filed. If providing notice of a declination, where appropriate and if resources permit,
prosecutors and investigators should coordinate and collaborate to the extent that it is
practicable and will not interfere with the investigation, in an effort to facilitate the
victim’s understanding of the declination. In those instances, a determination of the
appropriate responsible official (prosecutor’s office and/or investigative agency) to
provide such notice may vary depending on the circumstances and context of the
particular situation. See also Justice Manual 9-27.240 (Initiating and Declining
Charges – Prosecution in Another Jurisdiction).
2. 	During the Prosecution
Responsible officials from the prosecutor’s office shall provide notice of
court-related case events to victims meeting the VRRA victim definition to
the extent that it is appropriate and feasible to inform the victim and to the
extent that it will not interfere with the investigation. See Art. III.B (VRRA
Definition). Responsible officials from the prosecutor’s office shall provide

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the following notices unless prohibited by specific statute, regulation, or
Department policy:
a. 	The filing of charges against a suspected offender. See 34 U.S.C.
§ 20141(c)(3)(C).
b. 	The release or detention status of an offender or suspected
offender. See 34 U.S.C. § 20141(c)(3)(E).
c. 	The “scheduling of each court proceeding that the witness is either
required to attend or . . . is entitled to attend.” See 34 U.S.C. §
20141(c)(3)(D).
d. 	The acceptance of a plea of guilty or nolo contendere or the
rendering of a verdict after trial. See 34 U.S.C. § 20141(c)(3)(F).
e. 	If the offender is convicted, the sentence including the date on
which the offender will be eligible for parole, if any. See 34 U.S.C. §
20141(c)(3)(G).
COMMENTARY
Persons meeting the VRRA victim definition receiving investigative notices should
continue to receive prosecution notification either through VNS or other means if VNS
is not used. See generally Art. V.D.1 (CVRA Right Two; discussing VNS coverage).
Notices should explain that only victims meeting the CVRA crime victim definition will
be able to assert CVRA rights.
3. 	During the Corrections Process
a. 	Custodial Release Notification
i. 	After trial, a responsible official from the BOP shall provide a
crime victim as defined under the VRRA (see Art. III.B) the
earliest possible notice of:
 	The escape, work release, furlough, or any other form
of release from custody of the offender. See 34
U.S.C. § 20141(c)(5)(B).
 	The death of the offender, if the offender dies while in
custody. See 34 U.S.C. § 20141(c)(5)(C).
ii. 	Inmate Victims
When the victim is an inmate, the responsible official may
take into consideration, in determining when notice is
provided, the security of the offender inmate. If there is a
serious security risk in informing an inmate victim of an
offender’s status, the corrections agency may time the notice
to minimize that risk, even if the notification takes place after
the event. This determination should be made on a case-by-
case basis by the BOP responsible official and should not be
interpreted to prevent an inmate victim from providing written
input in any parole proceeding. The notice requirement in

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this guideline applies even in cases in which a Department
component is holding a defendant (such as a deportable
alien) after time served.
b. 	Offender Reentry
In anticipation of an offender’s release from custody, the BOP
responsible official should take the following actions:
i. 	Victim Impact Statement: If the offender is subject to
supervised release in a district other than the district in which
the offender was sentenced, the responsible official should
transmit the victim impact statement portion of the
presentence investigation report to the United States
Probation Office in the supervising district when the BOP
responsible official submits a relocation request to the
supervision district.
ii. 	Notification Contents: The responsible official should provide
a victim with notice of the offender’s release date no later
than 30 days prior to the offender’s release, unless
impracticable because of unexpected action by a court or
grant of executive clemency. The notice should also include
the city and state in which the offender will be released and,
if the offender is subject to supervised release, the
supervising United States Probation Office contact
information. This notice should also advise the victim to
contact the supervising United States Probation Office if the
victim receives any threatening communications from the
offender. This renewed notification should not be shared with
the offender or his counsel, except as otherwise required by
law.
4. 	During the Parole Process
After conviction, the responsible official from the Parole Commission shall
provide a crime victim as defined under the VRRA (see Art. III.B) with the
earliest possible notice of the date on which an offender will be eligible for
parole and the scheduling of a parole hearing, if any, for the offender. See
34 U.S.C. § 20141(c)(3)(G), (c)(5)(A).
The Parole Commission responsible official should notify identified victims
in advance of an offender’s release to supervision.
When an offender violates the conditions of release and a revocation
hearing is scheduled, the responsible official from the Parole Commission
shall notify the victims of the crime for which parole was granted or
supervised release was imposed of the date and time of the revocation
proceeding. If the alleged violation is the commission of a new crime,
whether or not the offender has been convicted of the crime, the Parole

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Commission responsible official should also notify the victims of the new
crime.
5. 	Victim’s Age
Once a child victim reaches 18 years of age, the Department is obligated
to provide that victim with notification in cases in which the crime occurred
when the victim was a minor. It is also the victim’s option to determine who
else may receive notification on their behalf. Department personnel should
take care when initiating the direct notifications, being mindful of the
impact on the victim. Department personnel are encouraged to develop
specialized procedures to deal with these sensitive situations. In general,
Department personnel are encouraged to contact a non-offending parent
or guardian before the victim’s 18th birthday to determine whether the
victim is aware of the crime and any special considerations that may be
helpful in providing notification. The FBI has developed specialized victim
notification procedures for cases involving child sexual abuse material
(referred to in federal law as “child pornography”). Any Department
personnel making notifications in such cases are encouraged to
coordinate with the FBI.
J. 	Separate Waiting Area
During court proceedings, the responsible official shall ensure that a victim is
provided with a waiting area removed from and out of the sight and hearing of the
defendant and defense witnesses. See 34 U.S.C. § 20141(c)(4).
During parole hearings, the responsible official should coordinate with the USMS,
BOP, or other entity responsible for the relevant facilities to ensure that a victim
is provided with a waiting area that is removed from and out of the sight and
hearing of the inmate and the inmate’s witnesses. See 34 U.S.C. § 20141(c)(4).
K. 	Return of Property
A responsible official from the investigative agency shall ensure that any property
of a victim that is being held for evidentiary purposes is maintained in good
condition and returned to the victim as soon as it is no longer needed for
evidentiary purposes. See 34 U.S.C. § 20141(c)(6). The responsible official from
the investigative agency should also, where it does not interfere with the
investigation, notify victims that the agency is holding property belonging to the
victim. There may be circumstances, however, in which a victim’s property will
inevitably deteriorate or will be damaged through its utilization in the law
enforcement process. Responsible officials may consider advising victims of
such circumstances when they arise. Contraband should not be returned to
victims.
L. 	Employer/Debt Notification
Upon request by a victim, the responsible official should assist in notifying:
1. 	The employer of the victim or witness if cooperation in the investigation/
prosecution of the crime causes their absence from work.

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2. 	The creditors of the victim or witness, when appropriate, if the crime or
cooperation in the investigation/prosecution affects their ability to make
timely payments.
Upon filing of charges by the prosecutor, this responsibility transfers to the
responsible official of the prosecutor’s office. See 18 U.S.C. § 1512 note (Federal
Guidelines for Treatment of Crime Victims and Witnesses in the Criminal Justice
System).
Article V: Victims’ Rights Under the CVRA
A. 	Background
The CVRA affords victims in criminal cases ten rights that are enforceable in
federal courts. The CVRA “rights” should be distinguished from crime victim
“services” contained in VRRA, which mandates Department personnel provide
certain services to crime victims starting from the initiation of an investigation.
See Art. IV. There is some overlap between the rights and services. For
example, “reasonable protection” is considered both a right and a service. Each
statute, however, has its own definition of “crime victim.” See Article III for the
definitions under each statute. Accordingly, there may be some victims who
qualify to receive services, but who will not have court enforceable rights under
the CVRA. This Article primarily addresses the victims’ rights provisions
contained in the CVRA.
B. 	Responsibilities of Department Personnel
1. 	Best Efforts
Department personnel engaged in the detection, investigation, or
prosecution of crime shall make their best efforts to see that crime victims
(as defined in Article III.C) are accorded the rights provided in 18 U.S.C. §
3771(a). See 18 U.S.C. § 3771(c)(1). See Article III.C.4 for a further
discussion of the timing and duration of these rights.
2. 	Advice of Attorney
The prosecutor shall advise the crime victim that the crime victim can seek
the advice of an attorney with respect to the CVRA rights. See 18 U.S.C. §
3771(c)(2). The prosecutor should provide this information as early in the
criminal justice process as is feasible and appropriate. See Art. II.H.2.a.
and Art. IV.H.
3. 	Complaint Process and Sanctions
The Department established the Office of the Victims’ Rights Ombudsman
(VRO), within the Executive Office for United States Attorneys, to receive
and investigate administrative complaints filed by crime victims against
Department employees, and has implemented procedures in compliance
with the CVRA. See Procedures to Promote Compliance With Crime
Victims’ Rights Obligations, 28 C.F.R. § 45.10(b). The complaint process
is not designed for the correction of an individual victim’s rights violation,
but instead is used to request corrective or disciplinary action against

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Department personnel who may have failed to provide crime victims with
one or more of the CVRA rights. A crime victim may file an administrative
complaint against Department personnel. All of the following offices have
identified Victims’ Rights Points of Contact, who are responsible for
reviewing and investigating victims’ complaints and reporting their findings
to the VRO for final determination: United States Attorneys’ Offices, the
Antitrust Division, ATF, BOP, Civil Division’s Office of Consumer Litigation,
Civil Rights Division, Criminal Division, DEA, Environment and Natural
Resources Division, FBI, National Fraud Enforcement Division, National
Security Division, , Parole Commission, and the USMS. The VRO may
recommend disciplinary sanctions for Department personnel who
“wantonly or willfully” fail to provide CVRA rights. See 28 C.F.R. § 45.10(e).
C. 	CVRA Right One: Right to Reasonable Protection
A crime victim has the right to be reasonably protected from the accused. See 18
U.S.C. § 3771(a)(1).
When a victim has been identified, the responsibility of arranging for reasonable
victim protection remains with the responsible official of the investigative agency
throughout the criminal justice process. Department personnel should consider
victims’ legitimate security concerns at every point during the criminal justice
process—to include the investigation, prosecution, incarceration, and post-
incarceration supervision stages—and should coordinate with the responsible
official of the investigative agency to promptly assess victim security concerns
and take reasonable measures.
Department prosecutors should seek reasonable legal protections for identified
victims. These measures may include requests for detention or appropriate
conditions of release such as stay-away/no-contact orders, heightened
supervision, or drug and alcohol testing. When feasible, prosecutors should
coordinate with victim assistance personnel when addressing victim security
concerns, particularly regarding safety-planning, the provision of information
about civil protective orders, and referrals to crime victim compensation
programs that may have options available for emergency housing. Prosecutors
should, in their discretion, consider using available resources to address victim
security concerns, pursuant to existing rules and regulations governing such
resources. See Article VI.B for a discussion regarding witness security and the
federal witness security program.
Responsible officials shall take reasonable measures to address victims’
legitimate security concerns. Considerations set forth in Article II.B should inform
whether protection measures are reasonable. Moreover, determining the nature
and scope of such measures requires an evaluation of the threat level and
identification of reasonable options to address that threat within available agency
resources as well as the risk to the security of other individuals.

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COMMENTARY
The right to reasonable protection does not guarantee victims physical protection. For
example, neither the CVRA nor the VRRA requires the Department to provide victims
with a security detail or bodyguards to ensure their physical security.
Department personnel should use their discretion and sound judgment when
discussing possible threats and protective measures with victims. Trained
personnel should make victims aware of the resources that may be available to
promote their security. As with other rights and services, victims may choose to
accept or decline any option or options offered by the Department. See Art. II.C.
Prosecutors are expected to coordinate with the designated responsible officials
from investigative components to develop collaborative procedures to address
the security concerns victims in their districts. Department personnel should
immediately report articulable concerns about victim safety and reports of threats
to the lead case agent.
COMMENTARY
Investigations may involve multiple law enforcement agencies with differing
investigative authorities and resources. In multi-agency investigations, the
responsible officials of the agencies should coordinate to ensure that victims receive
reasonable protection from a suspected offender or persons acting in concert with or
at the behest of the suspected offender. See Art. IV.F.
D. 	CVRA Right Two: Right to Reasonable, Accurate, and Timely Notice
A crime victim has 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. See 18 U.S.C. § 3771(a)(2); see also Fed. R.
Crim. P. 60(a)(1).
1. 	Automated Victim Notification System (VNS)
For components participating in VNS, victim contact information and
notice to victims should be maintained and conducted using VNS. In some
circumstances, however, either alternative or additional means of victim
notification may be necessary or appropriate. For example, during
terrorism investigations VNS is not used, and in some locations, like
Indian country, victims may not have access to postal or internet service,
thereby making VNS impractical.
Responsible officials with access to VNS should enter all necessary
information into VNS and shall ensure that the information is complete and
accurate before transferring notification responsibilities to the next
responsible official. In cases where the identified victim is a child, the
child’s date of birth should be entered into VNS. For specialized guidance
on notifying child victims once they become adults, see Article IV.I.5.
Responsible officials shall use their best efforts to provide all Department

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personnel with responsibilities related to VNS with adequate training on
the proper use of VNS. See Article III.H for information about notifying
victims located in foreign countries.
In the event of an emergency or other last-minute hearing or change in the
time or date of a hearing, the responsible official should consider providing
notice by telephone or expedited means.
2. 	Cases with Large Numbers of Victims
a. 	Individual Notice
According the right to notification in cases with a large number of
victims can be challenging. When necessary, Department
personnel may choose to provide notification solely through
electronic means such as via the VNS website, email, and call
center capabilities.
b. Publication or Proxy Notice
Where the number of victims is so large as to make individual
notice to victims impractical, prosecutors should file a motion
seeking the court’s permission for alternative notification under 18
U.S.C. § 3771(d)(2). Such alternative notification may include
publication of notices through media outlets or on public websites,
social media, or proxy notification to a person or entity that can
disseminate notice to other victims, such as banks, internet service
providers, community organizations, corporate entities, or counsel
for a class of victims. Multiple forms of outreach may be appropriate
in particular cases, and creativity is encouraged, with the goal of
achieving actual notice to the greatest number of victims possible
given the resources available. In every case, Department personnel
should carefully evaluate the type of information relayed and the
method of communication to minimize the risk that investigations
are compromised and that victims’ privacy interests are
inadvertently invaded. Consistent with Article V.C of these
guidelines, Department personnel should also carefully evaluate
whether any safeguards may be necessary to ensure the victim’s
privacy in order to protect the victim from the accused when using
publication or proxy notice. See 18 U.S.C. § 3771(a)(1).
E. 	CVRA Right Three: Right Not to Be Excluded from Court
A crime victim has the right not to be excluded from any 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. See 18 U.S.C. § 3771(a)(3); see also Fed. R. Crim.
P. 60(a)(2). Before making this determination, “the court shall make every effort
to permit the fullest attendance possible by the victim and shall consider
reasonable alternatives to the exclusion of the victim from the criminal
proceeding.” See 18 U.S.C. § 3771(b)(1); see also Fed. R. Crim. P. 60(a)(2). The

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reason for any decision denying relief shall be clearly stated on the record. See
18 U.S.C. § 3771(b)(1); see also Fed. R. Crim. P. 60(a)(2).
1. 	Victims Who Are Also Witnesses
The crime victim’s right not to be excluded provides statutory authorization
for an exception to the Federal Rules of Evidence, which mandate that,
upon request, the judge exclude witnesses from court so that they cannot
hear the testimony of other witnesses. See Fed. R. Evid. 615(4).
If a victim is a witness, and there is a potential detrimental impact from the
victim hearing other witnesses’ testimony, prosecutors should explain any
potential detrimental impact so that the victim can make an informed
decision whether to exercise this right. If the prosecutor believes that the
victim’s testimony would be materially altered if the victim heard other
testimony at the proceeding, the prosecutor should inform the victim of this
potential divergence of interests and remind the victim that they can seek
the advice of an attorney in connection with asserting their rights.
Where appropriate, prosecutors should also make courts aware of the
provisions of 18 U.S.C. § 3510, which prohibits a court from ordering a
victim excluded from a trial based only on the victim’s exercise of their
right to be heard during the sentencing hearing for both capital and non-
capital cases.
2. 	Facilitating Attendance
The Department is not required to pay a victim’s expenses to attend court.
Department personnel may, however, help victims to identify resources to
assist them with the financial burden of court attendance. In addition,
Department personnel are not required to transport inmate victims to court
for hearings. The travel expenses of victims who are also witnesses,
however, should be handled in accordance with Department policy for
witness expenses. See Art. VI (Witnesses).
3. 	Nonpublic Proceedings
Victims do not have rights to notice of, or to attend or participate in, closed
official proceedings. See 18 U.S.C. § 3771(a)(2)-(3). The government
attorney may neither move for nor consent to the closure of a judicial
proceeding that is ordinarily open to the public without the express prior
authorization of the Deputy Attorney General, based upon a request
processed through the Policy and Statutory Enforcement Unit of the
Criminal Division’s Office of Enforcement Operations. See Policy With
Regard to Open Judicial Proceedings, 28 C.F.R. § 50.9 (2010); Justice
Manual 9-5.150. As an example of the type of ordinarily public proceeding
falling in this category, closed proceedings will frequently be necessary
when a guilty plea is entered by a cooperator whose safety or investigative
usefulness might be compromised if information about the plea were
made public. Deputy Attorney General approval to close a hearing is not
required for traditionally nonpublic matters, such as grand jury and juvenile

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proceedings; to prevent psychological harm to a child witness (see 18
U.S.C. § 3509(d), (e); 28 C.F.R. § 50.9(e)(5)); and to protect national
security information or classified documents. Victims do not have rights to
notice of, or attendance or participation at, these closed hearings.
4. 	Cases with Large Numbers of Victims
In cases with a large number of victims, it may be impractical for each
victim to attend personally all the proceedings they may wish to attend. In
such circumstances, prosecutors should seek the court’s permission
under 18 U.S.C. § 3771(d)(2) for procedures to accord this right to the
greatest extent possible given the resources available. Options include the
use of closed-circuit television, broadcast of proceedings over a
conference call or website, or a lottery and schedule for attendance. If the
court changes the trial venue, prosecutors should be aware of the
provisions of 34 U.S.C. § 20142, which mandates the court to order
closed-circuit televising of the proceedings to the original location to permit
victims to watch the trial proceedings.
F. 	CVRA Right Four: Right to Be Reasonably Heard
A crime victim has the right to be reasonably heard at any public proceeding in
the district court involving release, plea, sentencing, or any parole proceeding.
See 18 U.S.C. § 3771(a)(4); see also Fed. R. Crim. P. 60(a)(3).
If a victim (or a lawful representative appearing on behalf of the victim) is present
at a covered proceeding and wishes to be heard, the government attorney or
prosecutor should advise the court of this fact at an appropriate point in the
proceeding. If the prosecutor is aware that a victim or victims will seek to be
heard at an upcoming proceeding that involves release, plea, sentencing, or
parole, the prosecutor should provide the court with advance notice in
accordance with any local rules of procedure or practice.
If the government is seeking the death penalty, and files the proper notice, the
responsible official should notify the victim and appropriate family members of
their potential opportunity to address the court during the aggravation portion of
the sentencing hearing and of the date, time, and place of the scheduled hearing.
See 18 U.S.C. § 3593(a).
In cases with a large number of victims, it may be impractical for each victim to
speak at each opportunity. In such circumstances, prosecutors should seek the
court’s permission under 18 U.S.C. § 3771(d)(2) for procedures to accord this
right to the greatest extent possible given the resources available. Options may
include allowing written submissions, limiting the length of oral presentation, or
using a lottery or other method for selecting a limited number of oral statements.
When a defendant is convicted, Department personnel should inform the victims
that they have a reasonable right to be heard at sentencing, which may be
exercised by submitting a victim impact statement (VIS) in writing, orally, or
possibly both. Department personnel should provide victims with information
describing the VIS and assist victims with preparation of the VIS, as needed.

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Whenever feasible, prosecutors should connect victims with victim assistance
personnel in order to help them through the VIS process. In consideration of
victims’ dignity and privacy, victim impact statements should be safeguarded and
not filed as part of the public record. Prosecutors should seek to include VIS in
pre-sentence reports, file them under seal, or provide them to defense counsel
pursuant to a protective order or nondisclosure agreement. If a VIS will be filed in
the public record, Department personnel should redact PII before filing. See Art.
II.D.1 (Privacy Considerations for Victims and Witnesses). Department personnel
should also inform the probation officer about any information in the VIS that
concerns the appropriate amount of restitution, if any.
For a discussion on potential opportunities for individuals who do not fall under a
statutory definition of crime victim to be heard or otherwise participate in public
court proceedings, see Article III.E. (Other Persons or Entities Substantially
Harmed by a Crime).
G. 	CVRA Right Five: Reasonable Right to Confer with the Prosecutor
A crime victim has the reasonable right to confer with the attorney for the
government in the case. See 18 U.S.C. § 3771(a)(5). However, the victim’s right
to confer shall not be construed to impair prosecutorial discretion. See 18 U.S.C.
§ 3771(d)(6).
1. 	General Principles
a. 	Prosecutors shall make their best efforts to confer with victims in
advance of and about major case decisions, such as non-
prosecution agreements, deferred prosecution agreements, pretrial
diversion agreements, voluntary dismissals, agreements or
recommendations in favor of release of the accused pending
judicial proceedings (when such release is for non-investigative
purposes), and plea agreements (pre- or post-charge).
b. 	Such conferences should be conducted in coordination with the
relevant investigative agency and be consistent with applicable
rules governing criminal procedure and professional conduct.
Ordinarily, prosecutors should use such conferences to obtain
relevant information from the victim and convey appropriate,
nonsensitive or public information to the victim. The conference
provides victims the opportunity to express their views, keeping in
mind that prosecution decisions are within the prosecutor’s
discretion. Department personnel shall not provide legal advice to
victims, either as part of these conferences or otherwise.
c. 	Unless authorized by court order, prosecutors shall not disclose PII,
classified information, information that is reasonably likely to
compromise investigative sources or methods, proprietary
information, information under seal, or any information otherwise
protected by law. See Art. II.H (Professional Responsibility
Considerations).

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COMMENTARY
The reasonable right to confer does not obligate the prosecutor to confer with victims
every time a term in a possible agreement with a defendant changes. The conference
can take place in person, by telephone, email, or other means.
2. 	Timing and Scope
Prosecutors shall use their best efforts to confer with victims in advance of
a major case decision. Prosecutors should seek to provide victims with a
meaningful opportunity to offer their views before a decision or agreement
is reached.
There may be limited instances where pre-decision consultation with
victims may be unreasonable or need to be limited in scope. Prosecutors,
in coordination with the relevant investigative agency, should consider the
following factors in determining if the scope of the conference should be
limited or whether the circumstances constitute one of the rare exceptions
in which conducting the conference would be unreasonable:
a. 	The impact on public safety and risks to personal safety of victims,
witnesses, and cooperators.
b. 	In cases with large numbers of victims, it may not be practical to
consult with each victim on an individual basis. Prosecutors shall
determine the best method to convey information to the victims and
to address victim concerns as part of the investigation or case. See
Art. III.K.
c. 	Time constraints imposed on the investigation or case, such as
whether time is of the essence in negotiating or entering a
proposed agreement.
d. 	The need for confidentiality regarding a case decision or agreement
with a defendant.
e. 	The defendant’s right to a fair trial.
f. 	The potential impact on the integrity of the investigation or case.
See Art. II.B (Protecting the Integrity of Investigations, Ensuring
Security of Persons, and Providing for Prosecutorial Discretion).
g. 	Whether a conference or the disclosure of an imminent case
decision may constitute material nonpublic information concerning
a company, security, or investment that would negatively affect one
or more victims or third-parties.
H. 	CVRA Right Six: Right to Full and Timely Restitution as Provided in Law
A crime victim has the right to “full and timely restitution as provided in law.” See
18 U.S.C. § 3771(a)(6).
The Department is responsible not only for ensuring that those who commit
crimes are prosecuted to the fullest extent of the law but also for achieving justice

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for victims. Crimes can have a devastating financial effect on victims. Congress
has recognized and reaffirmed the paramount importance of victim restitution in
the federal criminal justice system, and restitution for crime victims is an enduring
priority of the Department and its components. Department personnel’s obligation
to consider restitution begins before charging a case and continues until victims
have been paid in full or the liability to pay terminates.
Restitution is mandatory—regardless of the defendant’s ability to pay—for most
federal crimes, when the statutory criteria are met. See, e.g., 18 U.S.C. § 1593
(restitution for human trafficking victims); 18 U.S.C. §§ 2259 and 2429 (restitution
for victims of child sexual exploitation); and 18 U.S.C. § 3663A (restitution for
crimes of violence, property offenses, and fraud). Even when restitution is not
mandatory, the sentencing court may require restitution in accordance with a
plea agreement (see 18 U.S.C. § 3663A(a)(3)), or pursuant to the court’s
discretion (see 18 U.S.C. § 3663). The court may also require restitution as a
condition of probation or supervised release. See 18 U.S.C. § 3563(b)(2); 18
U.S.C. § 3583(d).
Restitution to victims is a critical element of a successful prosecution. Department
investigators, prosecutors, attorneys, victim-witness personnel, and financial
litigation and asset forfeiture personnel all share an important role in ensuring
that victims receive full and timely restitution. Department personnel working at
each stage of a criminal case—investigating, charging, negotiating plea
agreements, advocating for appropriate sentences, and enforcing criminal
judgments—must give careful consideration to the need to provide full and timely
restitution to the victims of the offenses and should work together to ensure that
restitution is ordered and paid.
The responsibility to consider restitution for crime victims begins before charging.
To that end, litigating components should have policies and procedures in place
to ensure that prosecutors coordinate early in the investigation with financial
litigation and asset forfeiture attorneys regarding asset investigations, collection
of criminal monetary penalties, and other issues relating to restitution. See
Justice Manual 9-143.200. Indeed, the best time to recover assets is as early as
possible—ideally at the very beginning of the investigation—before a defendant
has an opportunity to dissipate their assets. The Department has at its disposal a
broad array of statutory provisions and available strategies to maximize recovery
from criminal defendants to provide restitution for victims as well as to assure
that ill-gotten gains are seized, restrained, or forfeited and later restored to
victims of crime where authorized under federal law. See Attorney General’s
Guidelines on the Asset Forfeiture Program (July 2018), section II.
1. 	Focus on Restitution Early in the Investigation and Throughout the
Case
Actions taken at each stage of a case—from investigation, to charging,
plea negotiations, and sentencing—all affect whether victims will receive
full and timely restitution.
a. 	Investigation

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Investigators should, to the extent reasonably practicable, identify
victims and gather information on the extent of victims’ losses, the
nexus between those losses and the defendant’s criminal conduct,
and whether any assets exist that might be recovered, frozen,
forfeited, or otherwise used to pay restitution.
b. Charging
The amount of restitution that a court may order is affected by the
crimes charged because restitution is generally only legally
required for victims of the conduct of conviction. When exercising
their discretion to include or exclude charges in an indictment,
prosecutors should give due consideration to the need to provide
full restitution to the victims of federal criminal offenses. See also
Art. III.C.4 & commentary.
COMMENTARY
Restitution can only be imposed as authorized by statute. Accordingly, charging
decisions can have an effect on which victims are entitled to restitution as well as the
amount of restitution that a court can impose. For most offenses, restitution will be
imposed pursuant to the general restitution statute enacted by the Mandatory Victims
Restitution Act of 1996, which requires the court to order restitution to each victim in
the full amount of each victim’s losses. See 18 U.S.C. § 3664(f)(1)(A). For purposes
of the MVRA, restitution for a victim’s losses refers to “actual” losses or what might be
considered “out-of-pocket” expenses. See 18 U.S.C. § 3663A(b). Other restitution
statutes, however, define losses differently. Human trafficking victims are entitled to
restitution not only for actual losses but also for the defendant’s gains. See 18 U.S.C.
§ 1593(b)(3). As another example, under the MVRA, in order for a victim to recover
psychological counseling expenses the victim must also have suffered some type of
bodily injury (see 18 U.S.C. § 3663A(b)(2)(A)), whereas under 18 U.S.C. § 2259
(sexual exploitation of children offenses), no such bodily injury is required in order to
receive restitution for counseling expenses (see 18 U.S.C. § 2259(c)(2)(A)).
Prosecutors should consider these nuances in the restitution statutes when
determining the appropriate charges to file.
c. 	Prejudgment Restraint of Assets
Defendants may dissipate or hide their ill-gotten gains as time
passes. Prosecutors, during investigations, should consider
freezing assets under 18 U.S.C. § 1345, or where appropriate,
seizing or restraining assets for criminal, civil judicial, or
administrative forfeiture. In cases where defendants are
cooperative, prosecutors may also ask defendants for voluntary,
signed agreements not to dissipate assets.
d. Plea Discussions
In plea negotiations, prosecutors should be mindful that any
agreement to drop charges may impact whether victims of the
dismissed charges are eligible to receive restitution, unless

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restitution for dismissed charges is included in the plea agreement.
See, e.g., 18 U.S.C. § 3663A(c)(2). Prosecutors should also
consider “requesting that the defendant provide full restitution to all
victims of all charges contained in the indictment or information,
without regard to the counts to which the defendant actually
plead[s].” Justice Manual 9-16.320. When reasonably possible,
plea agreements should identify victims’ losses for purposes of
restitution. Prosecutors may also consider asking a defendant to
pay restitution to victims of uncharged or relevant conduct. Plea
agreements should require defendants to agree that any restitution
imposed by the Court shall be due and payable immediately. In the
event that the Court imposes a schedule for the payment of
restitution, the defendant also should agree that such a schedule
represents a minimum payment obligation and it does not preclude
the government from pursuing any other means by which to satisfy
the defendant’s full and immediately enforceable financial obligation
under applicable federal and/or state law.
Defendants who have the ability to pay some or all of their
restitution should be required as part of a plea to pay what they
reasonably can by the date of sentencing. See generally 18 U.S.C.
§ 3572(d)(1). Under the Sentencing Guidelines, anticipatory
payment of restitution is a factor in determining “acceptance of
responsibility.” U.S.S.G. § 3E1.1, cmt n.1(c).
e. 	Presentence Investigation
Prosecutors and victim witness personnel should help assure that
the probation office receives accurate information about victims’
names, addresses, and amounts subject to restitution. See 18
U.S.C. § 3664(d)(1) (“[T]he attorney for the government, after
consulting, to the extent practicable, with all identified victims, shall
promptly provide the probation officer with a listing of the amounts
subject to restitution.”). Additionally, if available, information should
be provided to the probation office reflecting the defendant’s ability
to pay. The presentence investigation report should contain, to the
extent reasonably possible, accurate information about the
defendant’s financial condition. Prosecutors and their staff should
review the presentence investigation report for accuracy as to
victim information and the defendant’s ability to pay, and
appropriate objections should be raised in a timely fashion.
f. 	Addressing Restitution Issues Prior to and at Sentencing
Prosecutors and victim witness personnel should help ensure
that the court has accurate information about victims’ names,
addresses, loss amounts (inaccurate information may prevent
the clerk of the court from disbursing restitution even when funds
are available), and other information relevant to calculating
restitution. Prosecutors should consider filing restitution

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pleadings, or including restitution calculations in sentencing
memoranda, particularly in cases governed by mandatory
restitution provisions. Federal law provides that “[i]f the victim’s
losses are not ascertainable by the date that is 10 days prior to
sentencing, the attorney for the Government or the probation
officer shall so inform the court, and the court shall set a date for
the final determination of the victim’s losses, not to exceed 90
days after sentencing.” See 18 U.S.C. § 3664(d)(5). In rare
cases, restitution may not be ordered “if the court finds, from
facts on the record, that – (A) the number of identifiable victims is
so large as to make restitution impracticable; or (B) determining
complex issues of fact related to the cause or amount of the
victim’s losses would complicate or prolong the sentencing
process to a degree that the need to provide restitution to any
victim is outweighed by the burden on the sentencing process.”
See 18 U.S.C. § 3663A(c)(3). In such cases, where forfeited
assets are involved, prosecutors should consult with the Criminal
Division’s Money Laundering, Narcotics and Forfeiture Section
(MNF) to determine the most effective way of returning forfeited
assets to victims. In cases with multiple defendants, the court
should be asked to address joint and several liability. See 18
U.S.C. § 3664(h). Additionally, “[i]n any case in which the United
States is a victim, the court shall ensure that all other victims
receive full restitution before the United States receives any
restitution.” See 18 U.S.C. § 3664(i).
Prosecutors should request that the court order restitution to be
due and payable immediately. If the court determines that the
interests of justice require a payment schedule be set,
prosecutors should request that the order also include language
stating that such a schedule represents a minimum payment
obligation and it does not preclude the government from
pursuing any other means by which to satisfy the defendant’s
full and immediately enforceable financial obligation under
applicable federal and/or state law. See 18 U.S.C. §§ 3613(f)
and 3664(m)(1)(A).
g. Orders of Restitution
To assure that restitution issues are addressed fully and accurately,
prosecutors should consider tendering a proposed order of
restitution prior to sentencing or with sentencing memoranda. If not
filed prior to sentencing, proposed restitution orders may be
tendered to the court at the time of sentencing proceedings or
subsequent restitution hearings. Any proposed order should identify
all victims entitled to restitution; the amount of restitution for each
victim; where appropriate, prioritization of payments among victims;

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methods and schedules for payment; and issues of joint and
several liability.
h. Payment Plans
By law, if a restitution order “permits other than immediate
payment, the length of time over which scheduled payments will be
made shall be set by the court, but shall be the shortest time in
which full payment can reasonably be made.” See 18 U.S.C. §
3572(d)(2). Payment plans should not be written or construed to
prevent enforcement activity post judgment.
COMMENTARY
There are unique restitution issues in tax cases. When the United States seeks
restitution in criminal tax cases, prosecutors should avoid compromising the Internal
Revenue Service’s ability to collect the civil tax liability. In collecting restitution,
prosecutors should be aware that there may be competing claims against the
defendant’s assets, including pre-existing tax liens, which may impact the actual
amount available for restitution. Prosecutors should consult additional resources and
the National Fraud Enforcement Division regarding restitution in criminal tax cases and
cases where defendants have tax liens.
2. 	Interplay Between Restitution and Asset Forfeiture
Forfeiture and restitution are both mandatory components of a sentence
for most federal crimes. They are not mutually exclusive; indeed, the
authorizing statutes have different purposes. Forfeiture punishes the
wrongdoer, while restitution compensates the victim. Accordingly, courts
routinely uphold sentences that require defendants to both forfeit property
and pay restitution to victims.
Whenever possible, prosecutors should use civil or criminal asset
forfeiture to recover assets to return to victims of crime, as permitted by
law. If a defendant has sufficient assets to pay the restitution order in a
timely manner without using property forfeitable to the government, the
defendant must use those assets (not the forfeitable property) to satisfy
the restitution order. If a defendant does not have sufficient assets to pay
the restitution order in a timely manner without using forfeitable property,
the government may use the procedural provisions of the forfeiture
statutes to preserve and recover forfeitable property and to apply such
property to the victims of the crime underlying the forfeiture.
There are several methods by which the United States can use assets
seized for forfeiture to compensate victims: (i) petitions for remission of
forfeited funds; (ii) requests for restoration of forfeited funds; (iii) “hybrid”
remission and restoration requests; and (iv) in limited circumstances,
termination of forfeiture before entry of a final order of forfeiture. The first
method—remission—is available in both criminal and civil cases. The

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other methods are intended for use in conjunction with, and to assist in the
satisfaction of, a restitution order entered in a criminal case.
a. 	Petition for Remission
Remission occurs when the Attorney General exercises discretion
to transfer forfeited funds to qualified victims, owners, or lienholders
of the crime underlying the forfeiture. For judicial forfeitures, this
authority has been delegated to MNF. Each individual victim can
submit a Petition for Remission of judicially forfeited assets to the
prosecuting office. The prosecuting office obtains a report and
recommendation from the seizing agency and then forwards the
petition to MNF for a final determination. In administrative forfeiture,
the authority to decide a petition for remission rests with the seizing
agency. Whether a victim may receive remission is governed by the
regulations at 28 C.F.R. Part 9.
Remission is particularly useful when there are victims of offenses
that underlie civil judicial and administrative forfeitures, but there is
no companion criminal case or criminal proceedings terminated
prior to conviction, and thus no order of restitution. This option is
also useful where there is a criminal judgment and order of
forfeiture, but the court has declined to issue an order of restitution;
for example, where due to the complexity of the proceedings, entry
of a restitution order in the criminal case would unduly prolong the
underlying criminal proceedings.
b. Request for Restoration
The restoration policy is set forth in the Asset Forfeiture Policy
Manual. That policy allows the government to restore assets that
have been forfeited judicially or administratively to victims of the
offense underlying the forfeiture, who are named in a judicial
restitution order. Restoration is based on the losses recognized in a
criminal restitution order, provided that all victims named in the
restitution order would otherwise qualify for remission under the
applicable regulations. The prosecuting office submits the request
for restoration to MNF on behalf of victims by certifying that the
victims named in the court’s restitution order meet the criteria for
restoration under the policy. This option is useful when multiple
victims have incurred pecuniary losses, when the interest of third-
party claimants must be determined, if there are both judicially and
administratively forfeited assets, or when the forfeiture involves
property that would be best liquidated by using asset forfeiture
procedures.
c. 	Hybrid Process of Remission and Restoration
If a restitution order omits victims and cannot be corrected, a
“hybrid” remission and restoration process may be an efficient and
just mechanism for compensating the victims. As described in the

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Asset Forfeiture Policy Manual, in certain cases, MNF may
determine that a hybrid request would be appropriate in light of,
among other things, the number of victims listed in the existing
restitution order, the number of victims omitted from the restitution
order, the reasons why victims were omitted from the restitution
order, and the amount of net proceeds available for distribution
from the forfeited assets. In those cases, MNF may request that the
prosecuting office obtain remission petitions from the omitted
victims, and MNF will process a restoration request together with
petitions for remission.
d. Termination of Forfeiture Proceedings Before Entry of a Final
Order of Forfeiture
At the request of the United States, the district court may order, or the
person from whom funds were seized may agree, that funds seized
but not finally forfeited to the United States be paid to the clerk of the
court toward the satisfaction of the defendant’s restitution obligation.
As set forth in the Asset Forfeiture Policy Manual, (2025), Chap. 14,
Sec. IIH, this option is appropriate only in extremely limited
circumstances and only if no final order of forfeiture has been entered.
This option could be considered, for example, where the victims are
entitled to restitution for non-pecuniary losses not compensable under
the remission regulations (e.g., physical or emotional injuries) and
there are no third-party claimants.
COMMENTARY
There are special considerations for victims of human trafficking cases. The Justice
for Trafficking Act (JVTA) directs the Attorney General to pay victim restitution orders
in cases where forfeiture occurs pursuant to 18 U.S.C. § 1594. See 18 U.S.C. §
1594(f)(1). Accordingly, MNF processes transfer requests from prosecutors in
accordance with this statutory language regardless of whether victims’ losses are
considered “pecuniary” as defined by the relevant remission regulations. If no
restitution order exists in cases where forfeiture occurs pursuant to § 1594, MNF will
consider petitions for remission that include a labor calculation as the victim’s
pecuniary loss, along with any other losses permitted by 28 C.F.R. Part 9.
3. 	Enforcement Post-Sentencing
After judgments are entered, Financial Litigation personnel should
prioritize collection activity so that victims may receive full and timely
restitution. Financial Litigation personnel should investigate defendants’
ability to pay, and should engage in vigorous enforcement methods, which
may include filing liens, obtaining writs of execution or garnishment, or
adding debtors to the Treasury Offset Program.
Victims shall receive timely notice of hearings involving enforcement
activities. See 18 U.S.C. § 3771(a)(2).

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Prosecutors should be mindful that defendants who knowingly refuse to
pay may be resentenced. See 18 U.S.C. § 3614(a).
I. 	CVRA Right Seven: Right to Proceedings Free from Unreasonable Delay
A crime victim has the right to proceedings free from unreasonable delay. See 18
U.S.C. § 3771(a)(7).
Prosecutors should be reasonably available to consult with victims regarding
significant adversities they may suffer as a result of delays in the prosecution of
the case and should, at the appropriate time, inform the court of the reasonable
concerns that have been conveyed to the prosecutor. Prosecutors should
consider raising the victim’s right to proceedings free from unreasonable delay
when discussing trial dates and responding to defense motions for continuances.
Prosecutors should also consider any victim adversities that may result from
prosecution requests for continuances and make reasonable efforts to mitigate
the delay where possible and consistent with the best interests of the
prosecution.
J. 	CVRA Right Eight: Right to Fairness and Respect for Dignity and Privacy
A crime victim has the right to be treated with fairness and with respect for the
victim’s dignity and privacy. See 18 U.S.C. § 3771(a)(8). This broad-based right
is central to the purpose of the CVRA and should serve as a guiding principle for
Department personnel that governs all interactions with crime victims. A victim’s
right to be treated with fairness and with respect for their dignity and privacy
should be considered in conjunction with all of the other CVRA rights.
Prosecutors shall continue to consider this right as the case progresses and rely
on it to inform decisions made in connection with the provision of other CVRA
rights. For example, if a prosecutor is dealing with an issue related to the victim’s
right to notice, the broader right to be treated with fairness and respect for dignity
and privacy should inform their analysis and decision in connection with the more
specific right.
Consistent with the purposes of 18 U.S.C. § 3771(a)(8), Department personnel
engaged in the investigation or prosecution of a crime shall respect victims’
privacy and employ best efforts to protect victims’ PII and other sensitive information
from unnecessary disclosure to the public. See Art. II.D.1. This includes PII and
other sensitive information collected by Department personnel via compulsory
means (e.g., grand jury subpoena) for the purpose of identifying a victim.
1. 	Presentation of Government’s Case
When responding to motions, arguments, and requests for continuances,
Department personnel should consider a victim’s right to fairness and to
not unreasonably delay the proceedings when developing and presenting
the government’s position. To the extent possible, Department personnel
should inform and prepare victims for what evidence or potential testimony
will be presented as well as what evidence may be revealed in proceedings.
Prosecutors should aim to present material at trial or in hearings in such a
manner that balances the presumption of public access to the courts with

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a victim’s right to be treated with fairness and with respect for their dignity
and privacy. Motions in limine, protective orders, and other means should
be used to prevent unnecessary disclosure in open court of evidence
affecting a victim’s dignity and privacy, unless disclosure is necessary for
legitimate evidentiary purposes or to ensure compliance with court rules or
rulings. Whenever possible, prosecutors should work closely with victim
assistance personnel to help prepare victims for the presentation of difficult or
sensitive information, which may include providing information to victim
assistance personnel so they can appropriately support the victim.
For information about protecting victims’ PII and other sensitive
information when making information available in open court or otherwise
revealing information to the public at large, see Article II.D.3.
2. 	Press Releases, Media Inquiries, and Public Announcements
Press inquiries and other attention from the media often implicate victim
privacy concerns. Department personnel should make best efforts to
protect a victim’s privacy and dignity when drafting and issuing press
releases, responding to media inquiries, or making public announcements.
Department personnel should refrain from providing public statements that
identify or otherwise allude to the identity of the victim unless warranted
for public safety reasons or other appropriate concerns. Department
personnel should avoid directly or inadvertently identifying the victim in
press releases. This means Department personnel should not only
exclude from press releases PII and other sensitive information about a
victim, but should also exclude information that may inadvertently identify
a victim, such as the defendant’s or victim’s affiliation with a tribe or group,
residence in a community, relationship to the victim or victim’s family, or
even the defendant’s name, where appropriate.
Department personnel should also avoid the inclusion of sensitive
information regarding the victim and the victimization in press releases or
public announcements. For example, while particulars of victimization may
be provided in court filings for legitimate purposes, descriptions of detailed
sexual and physical violence need not be described to the same extent in
a press release (absent a legitimate law enforcement concern such as a
need to inform the public of a particular modus operandi).
Department personnel drafting press releases and other public statements
should also avoid using language intended to provide the public with
information about the defendant’s motive, which may be perceived as
“victim blaming” or damaging to the victim.
In accordance with the Department’s obligations regarding reasonable
protection, prosecutors should consider any security-related implications
when releasing information to the public. See Arts. IV.F, V.C. Barring
legitimate law enforcement considerations, and when feasible under the
particular circumstances of the case, Department personnel should use
their best efforts to attempt to inform victims in advance of or concurrent

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with any significant public announcements or statements by the
Department concerning the investigation or prosecution of the case.
Prosecutors should also consider the effect of the public release of
information on an investigation, including whether the public release of the
information could interfere with an investigation.
For information about protecting victims’ and witnesses’ PII and other
sensitive information when drafting and issuing press releases,
responding to media inquiries, or making public announcements, see
Article II.D.3.
3. 	Victim Impact Statements
In order to protect the dignity and privacy interests of victims, Department
personnel should exercise particular care to safeguard victim impact
statements. To the extent appropriate and legally permissible, Department
personnel should use redaction or other options to avoid public filing of PII
and other sensitive information contained in those statements. If victims
will be delivering an oral victim impact statement, Department personnel
should discuss the public nature of court proceedings to make victims
aware of the risks that may be involved in disclosing PII and other
sensitive information.
K. 	CVRA Right Nine: Right to Be Informed in a Timely Manner of Any Plea
Bargain or Deferred Prosecution Agreement
A crime victim has the right to be informed in a timely manner of any plea bargain
or deferred prosecution agreement. See 18 U.S.C. § 3771(a)(9). Prosecutors
shall also make best efforts to notify identified victims in a timely manner of any
non-prosecution agreement made with a defendant.
Prosecutors shall provide victims with notice of such agreements (except for
those entered into pursuant to a leniency agreement or nonpublic cooperation
agreement) as soon as possible, and at least with sufficient time to enable
victims to exercise any other applicable rights under the CVRA, including the
right not to be excluded from public court proceedings and the right to be
reasonably heard at any public hearing involving release, plea, sentencing, or
parole. See Arts. V.E, V.F.
There may be limited instances in which circumstances do not permit notice as
described above. For example, maintaining the integrity of an investigation;
avoiding premature disclosure of material nonpublic information concerning a
company, security, or investment; protecting the safety of a witness or
cooperator; or compliance with statute, rule, or regulation prohibiting disclosure
of information may require delaying notice. See also Art. II.B. In such exceptional
circumstances, prosecutors shall inform victims of the non-prosecution
agreement, deferred prosecution agreement, pretrial diversion agreement, or
plea agreement as soon as practicable. Prosecutors shall reevaluate the
conditions giving rise to the delay as necessary with the goal of informing victims
of these agreements as soon as possible, and no later than when the agreement

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is made public, to enable victims to exercise applicable rights under the CVRA.
This delayed notice may still be considered timely under the facts and
circumstances of the individual case.
When prosecutors enter into a pre-indictment non-prosecution agreement that
provides for prosecution by a state, local, tribal, or foreign authority in lieu of a
federal prosecution, prosecutors shall inform victims of such an agreement in a
timely manner, along with the contact information of the applicable state, local,
tribal, or foreign authority, unless such notice would interfere with the integrity of
an investigation or prosecution. See also Art. II.B.
COMMENTARY
Prosecutors are reminded that the notification requirements regarding the
agreements described above are in addition to, and not in lieu of, a crime victim’s
right to reasonably confer with the prosecutor regarding such an agreement. Such a
conference shall take place, except in limited instances, in advance of any such
agreement being finalized. See Art. V.G.
Prosecutors are further reminded of the obligation to provide notice to victims of the
acceptance of a plea pursuant to 34 U.S.C. § 20141(c)(3)(F). See Art. IV.I.
L. 	CVRA Right Ten: Right to Be Informed of Rights and Services
A crime victim has the right to be informed of the rights under this section and the
services described in section 503(c) of the VRRA, 34 U.S.C. § 20141(c), and to
be provided with contact information for the Office of the Victims' Rights
Ombudsman of the Department of Justice. See 18 U.S.C. § 3771(a)(10).
1. 	Crime Victims’ Rights Under the CVRA
Department personnel shall inform crime victims of the rights contained in
the CVRA, 18 U.S.C. § 3771(a). Notice of CVRA rights should be provided
through VNS, when available to the relevant component, unless an
alternative means of notice is appropriate or necessary under the
circumstances. See Art. V.D (Right to Reasonable, Accurate and Timely
Notice).
2. 	VRRA Services
The VRRA requires Department personnel to provide crime victims with
certain mandatory services, as outlined in 34 U.S.C. § 20141(c) and further
discussed in Article IV. See also Appendix A. The services mandated by the
VRRA generally begin upon the opening of a criminal investigation. See
Arts. III.B.4, IV.C. However, a victim’s need for services may change during
an investigation and prosecution. In accordance with the Department’s
presumption in favor of providing assistance and services to crime victims
(see Art. II.A), when practicable Department personnel are encouraged to
periodically review, with crime victims, the mandatory services available to
them. For further discussion of the services afforded to crime victims under

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the VRRA, and the corresponding responsibilities of Department personnel,
see Article IV (Mandatory Services).
3. 	Victims’ Rights Ombudsman
A federal crime victim may file a complaint against Department personnel
alleging a violation of, or failure to provide, the rights established under the
CVRA. See 18 U.S.C. § 3771(f). The Office of the Victims’ Rights
Ombudsman (Ombudsman) receives and investigates complaints filed by
crime victims against Department personnel. For further discussion of the
complaint process followed by the Department when victims file complaints
with the Ombudsman, see Title 28 C.F.R. § 45.10. See also Art. V.B.3.
Department personnel shall provide crime victims with the telephone
number, email address, and public website for the Ombudsman. If
practicable, this information should be provided as part of the initial written
contact with victims. Department components should consider including
information about the Ombudsman and a corresponding link to the
Ombudsman website on their public internet sites.
M. 	In-Court Enforcement Mechanisms
Victims’ rights under the CVRA may be enforced by motions filed by the
government or the victim. See 18 U.S.C. § 3771(d)(1); see also Fed. R. Crim. P.
60(b)(2). Department prosecutors are encouraged to assert victims’ rights when
appropriate, taking into consideration the victim’s preferences and the interests of
the United States. Prosecutors are urged to analyze any potential issues related
to victims’ rights early in the case in order to be able to assert victims’ rights at
the first opportunity. When filing a motion in court, prosecutors should give
consideration to victim privacy and take steps to protect PII and other sensitive
information from unnecessary disclosure. When a victim files a motion that the
Department does not support or that the prosecutor believes is not legally
warranted, the government may refrain from taking a position or oppose the
motion. In such circumstances, and whenever prosecutors have questions about
enforcement mechanisms, personnel in the United States Attorneys’ Offices
are encouraged to consult with the Executive Office for United States
Attorneys, and those in the litigating divisions are encouraged to consult with
their responsible officials.
If the trial court denies a CVRA rights enforcement motion, the movant may
petition the Court of Appeals for an expedited writ of mandamus that must issue
within 72 hours. See 18 U.S.C. § 3771(d)(3). In addition, on direct appeal, the
government may assert as error any denial of victims’ rights in the proceeding to
which the appeal relates. See 18 U.S.C. § 3771(d)(4). A government attorney
seeking to file a petition for a writ of mandamus or a direct appeal must obtain
written authorization from the Solicitor General, in addition to the approvals
required by that attorney’s office or section. See 28 C.F.R. § 0.20(b). To facilitate
the authorization process, the attorney must prepare a written recommendation
as to why appeal or mandamus is warranted in the case and transmit that
recommendation to the attorney’s appellate section for them to prepare their own

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recommendation for the Solicitor General. In cases involving appeals or
mandamus requests from divisions other than the Criminal Division, the attorney
or the division’s appellate section should consult with the Criminal Division’s
Appellate Section. Because the authorization process will generally extend
beyond the time period for filing a valid notice of appeal, the attorney should file a
protective notice of appeal within the applicable time period even though it has
not yet been authorized. If the Solicitor General declines to authorize an appeal,
the attorney must then file a motion to voluntarily dismiss the appeal.
Article VI: Witnesses
A. 	Victims’ Services and Rights Laws Do Not Cover Witnesses
A person who has information or evidence concerning a crime—and provides
information regarding their knowledge to a law enforcement agency—is a
witness. Witnesses who do not fit the CVRA definition of crime victim do not have
enforceable victims’ rights, and the VRRA does not require Department
personnel to provide witnesses with services. Department personnel should use
reasonable efforts to do all that is possible within the limits of available
resources, without infringing on the defendant’s constitutional rights, to assist
witnesses to crime during their interaction with the criminal justice system.
B. 	Witness Security
Department personnel should take reasonable measures to address the security
concerns of witnesses. Determining the nature and scope of such measures
requires an evaluation of the threat level and identification of reasonable options
to address that threat within available resources. Witnesses have the choice
whether to accept the reasonable options the Department offers.
Department personnel should consider witness security concerns at every point
during the criminal justice process, including during the investigation,
prosecution, incarceration, and post-incarceration supervision stages.
Department personnel should consult, collaborate, and coordinate with the
responsible official of the investigative agency concerning witness security.
Responsible officials from the investigation, prosecution, and corrections
components, as well as the Parole Commission, must work together to promptly
assess witness security concerns and take appropriate measures. For
prosecutors, these measures may include requests for detention or appropriate
conditions of release such as stay-away/no-contact orders, heightened
supervision, or drug and alcohol testing. See Articles IV.F (Reasonable
Protection) and V.C (Right to Reasonable Protection) for a discussion regarding
victim security concerns. Prosecutors should, in their discretion, consider using
available resources to address witness security concerns, pursuant to existing
rules and regulations governing such resources. Department personnel must
immediately report articulable witness concerns about safety and reports of
threats to the lead case agent.
Department personnel should use their discretion and sound judgment when
discussing possible threats and security measures with witnesses. During these

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conversations, Department personnel should be mindful of confidentiality and be
careful not to reveal any information that would interfere with or compromise the
integrity of an investigation or safety of any witness. See Art. II.B. Trained
personnel should make witnesses aware of the resources that may be available
to promote their safety.
Admission into the Federal Witness Security Program is an extreme measure
that is only available to crucial witnesses in significant prosecutions who are in
life-threatening danger. Admission to the Program must be sponsored by a
prosecutor and the final determination of Program availability is made by
designated officials in the Criminal Division’s Office of Enforcement Operations
(OEO). Responsible officials in law enforcement agencies and prosecutor’s
offices are not authorized to promise witnesses Program admission nor can
witnesses rely on such promises absent approval by appropriate OEO officials.
C. 	Logistical Assistance
Prosecution agencies are responsible for informing witnesses of available
assistance for transportation, parking, childcare, translator services, and other
logistical matters in connection with court appearances and witness conferences.
The Parole Commission is responsible for informing and assisting witnesses with
similar services in connection with parole hearings.
D. 	Notification of Offender Release
Department personnel may include witnesses in offender release notifications if
the situation warrants.

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Article VII: Nonlitigability
The AG Guidelines are intended to provide internal Department guidance for the
treatment of victims of and witnesses to crime, recognizing that the circumstances
presented by each case cannot be adequately predicted in advance. Consequently,
decisions regarding the treatment of victims of and witnesses to crime frequently will
require assessments, evaluations, and the exercise of independent judgment in light of
the circumstances presented. The AG Guidelines are not intended to, do not, and
should not be relied upon to create any procedural or substantive rights or to establish
procedural or substantive standards of conduct or care enforceable at law in any matter,
civil or criminal. No limitations are hereby intended or placed on otherwise lawful
prerogatives of the Department.

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Appendix A: Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141
34 U.S.C. § 20141
A. 	Designation of responsible officials
The head of each department and agency of the United States engaged in the
detection, investigation, or prosecution of crime shall designate by names and
office titles the persons who will be responsible for identifying the victims of crime
and performing the services described in subsection (c) of this section at each
stage of a criminal case.
B. 	Identification of victims
At the earliest opportunity after the detection of a crime at which it may be done
without interfering with an investigation, a responsible official shall –
(1) identify the victim or victims of a crime;
(2) inform the victims of their right to receive, on request, the services described
in subsection (c) of this section; and
(3) inform each victim of the name, title, and business address and telephone
number of the responsible official to whom the victim should address a
request for each of the services described in subsection (c) of this section.
C. 	Description of services
(1) A responsible official shall –
A. inform a victim of the place where the victim may receive emergency
medical and social services;
B. inform a victim of any restitution or other relief to which the victim may
be entitled under this or any other law and manner in which such relief
may be obtained;
C. inform a victim of public and private programs that are available to
provide counseling, treatment, and other support to the victim; and
D. assist a victim in contacting the persons who are responsible for
providing the services and relief described in subparagraphs (A), (B),
and (C).
(2) A responsible official shall arrange for a victim to receive reasonable
protection from a suspected offender and persons acting in concert with or at
the behest of the suspected offender.
(3) During the investigation and prosecution of a crime, a responsible official shall
provide a victim the earliest possible notice of –
A. the status of the investigation of the crime, to the extent it is
appropriate to inform the victim and to the extent that it will not interfere
with the investigation;
B. the arrest of a suspected offender;
C. the filing of charges against a suspected offender;

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D. the scheduling of each court proceeding that the witness is either
required to attend or, under section 10606(b)(4) of this title, is entitled
to attend;
E. the release or detention status of an offender or suspected offender;
F. the acceptance of a plea of guilty or nolo contendere or the rendering
of a verdict after trial; and
G. the sentence imposed on an offender, including the date on which the
offender will be eligible for parole.
(4) During court proceedings, a responsible official shall ensure that a victim is
provided a waiting area removed from and out of the sight and hearing of the
defendant and defense witnesses.
(5) After trial, a responsible official shall provide a victim the earliest possible
notice of –
A. the scheduling of a parole hearing for the offender;
B. the escape, work release, furlough, or any other form of release from
custody of the offender; and
C. the death of the offender, if the offender dies while in custody.
(6) At all times, a responsible official shall ensure that any property of a victim
that is being held for evidentiary purposes be maintained in good condition
and returned to the victim as soon as it is no longer needed for evidentiary
purposes.
(7) The Attorney General or the head of another department or agency that
conducts an investigation of a sexual assault shall pay, either directly or by
reimbursement of payment by the victim, the cost of a physical examination of
the victim which an investigating officer determines was necessary or useful
for evidentiary purposes. The Attorney General shall provide for the payment
of the cost of up to 2 anonymous and confidential tests of the victim for
sexually transmitted diseases, including HIV, gonorrhea, herpes, chlamydia,
and syphilis, during the 12 months following sexual assaults that pose a risk
of transmission, and the cost of a counseling session by a medically trained
professional on the accuracy of such tests and the risk of transmission of
sexually transmitted diseases to the victim as the result of the assault. A
victim may waive anonymity and confidentiality of any tests paid for under this
section.
(8) A responsible official shall provide the victim with general information
regarding the corrections process, including information about work release,

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D. 	No cause of action or defense
This section does not create a cause of action or defense in favor of any person
arising out of the failure of a responsible person to provide information as
required by subsection (b) or (c) of this section.
E. 	Definitions
For the purposes of this section –
(1) the term “responsible official” means a person designated pursuant to
subsection (a) of this section to perform the functions of a responsible
official under that section; and
(2) the term “victim” means a person that has suffered direct physical,
emotional, or pecuniary harm as a result of the commission of a crime,
including –
A. in the case of a victim that is an institutional entity, an authorized
representative of the entity; and
B. in the case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, one of the following (in order of
preference):
(i) 	a spouse;
(ii) 	a legal guardian;
(iii) 	a parent;
(iv) 	a child;
(v) 	a sibling;
(vi) 	another family member; or
(vii) 	another person designated by the court.

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Appendix B: Crime Victims’ Rights Act (CVRA), 18 U.S.C. § 3771
18 U.S.C. § 3771
A. 	Rights of crime victims – A crime victim has the following rights:
(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.
(9) The right to be informed in a timely manner of any plea bargain or
deferred prosecution agreement.
(10) 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 (34 U.S.C. § 10607(c) and provided contact information for the
Office of the Victims’ Rights Ombudsman of the Department of Justice.
B. 	Rights afforded. –
(1) In general. – In any court proceeding involving an offense against a crime
victim, the court shall ensure that the crime victim is afforded the rights
described in subsection (a). Before making a determination described in
subsection (a)(3), the court shall make every effort to permit the fullest
attendance possible by the victim and shall consider reasonable
alternatives to the exclusion of the victim from the criminal proceeding.
The reasons for any decision denying relief under this chapter shall be
clearly stated on the record.
(2) Habeas corpus proceedings. –
a. 	In general. – In a Federal habeas corpus proceeding arising out of a State
conviction, the court shall ensure that a crime victim is afforded the rights
described in paragraphs (3), (4), (7), and (8) of subsection (a).
b. 	Enforcement. –

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i. 	In general. – These rights may be enforced by the crime victim
or the crime victim’s lawful representative in the manner
described in paragraphs (1) and (3) of subsection (d).
ii. 	Multiple victims. – In a case involving multiple victims,
subsection (d)(2) shall also apply.
c. 	Limitation. – This paragraph relates to the duties of a court in relation
to the rights of a crime victim in Federal habeas corpus proceedings
arising out of a State conviction, and does not give rise to any
obligation or requirement applicable to personnel of any agency of the
Executive Branch of the Federal Government.
d. 	Definition. – For purposes of this paragraph, the term “crime victim”
means the person against whom the State offense is committed or, if
that person is killed or incapacitated, that person’s family member or
other lawful representative.
C. 	Best efforts to accord rights –
(1) Government. – Officers and employees of the Department of Justice and
other departments and agencies of the United States engaged in the
detection, investigation, or prosecution of crime shall make their best
efforts to see that crime victims are notified of, and accorded, the rights
described in subsection (a).
(2) Advice of attorney. – The prosecutor shall advise the crime victim that the
crime victim can seek the advice of an attorney with respect to the rights
described in subsection (a).
(3) Notice. – Notice of release otherwise required pursuant to this chapter
shall not be given if such notice may endanger the safety of any person.
D. 	Enforcement and limitations. –
(1) Rights. – The crime victim or the crime victim’s lawful representative, and
the attorney for the Government may assert the rights described in
subsection (a). A person accused of the crime may not obtain any form of
relief under this chapter.
(2) Multiple crime victims. – In a case where the court finds that the number of
crime victims makes it impracticable to accord all of the crime victims the
rights described in subsection (a), the court shall fashion a reasonable
procedure to give effect to this chapter that does not unduly complicate or
prolong the proceedings.
(3) Motion for relief and writ of mandamus. – The rights described in
subsection (a) shall be asserted in the district court in which a defendant is
being prosecuted for the crime or, if no prosecution is underway, in the
district court in the district in which the crime occurred. The district court
shall take up and decide any motion asserting a victim’s right forthwith. If
the district court denies the relief sought, the movant may petition the
court of appeals for a writ of mandamus. The court of appeals may issue

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the writ on the order of a single judge pursuant to circuit rule or the
Federal Rules of Appellate Procedure. The court of appeals shall take up
and decide such application forthwith within 72 hours after the petition has
been filed, unless the litigants, with the approval of the court, have
stipulated to a different time period for consideration. In deciding such
application, the court of appeals shall apply ordinary standards of
appellate review. In no event shall proceedings be stayed or subject to a
continuance of more than five days for purposes of enforcing this chapter.
If the court of appeals denies the relief sought, the reasons for the denial
shall be clearly stated on the record in a written opinion.
(4) Error. – In any appeal in a criminal case, the Government may assert as
error the district court’s denial of any crime victim’s right in the proceeding
to which the appeal relates.
(5) Limitation on relief. – In no case shall a failure to afford a right under this
chapter provide grounds for a new trial. A victim may make a motion to re-
open a plea or sentence only if –
a. 	the victim has asserted the right to be heard before or during the
proceeding at issue and such right was denied;
b. 	the victim petitions the court of appeals for a writ of mandamus within
14 days; and
c. 	in the case of a plea, the accused has not pled to the highest offense
charged.
This paragraph does not affect the victim’s right to restitution as provided
in title 18, United States Code.
(6) No cause of action. – Nothing in this chapter shall be construed to
authorize a cause of action for damages or to create, to enlarge, or to
imply any duty or obligation to any victim or other person for the breach of
which the United States or any of its officers or employees could be held
liable in damages. Nothing in this chapter shall be construed to impair the
prosecutorial discretion of the Attorney General or any officer under his
direction.
E. 	Definitions. – For the purposes of this chapter:
(1) Court of Appeals: —the term “court of appeals” means—
a. 	the United States Court of Appeals for the judicial district in which a
defendant is being prosecuted; or
b. 	for a prosecution in the Superior Court of the District of Columbia, the
District of Columbia Court of Appeals.
(2) Crime Victim—
a. 	In general, the term “crime victim” means a person directly and
proximately harmed as a result of the commission of a Federal offense
or an offense in the District of Columbia.

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b. 	Minors and certain other victims.—In the case of a crime victim who is
under 18 years of age, incompetent, incapacitated, or deceased, the
legal guardians of the crime victim or the representatives of the crime
victim’s estate, family members, or any other persons appointed as
suitable by the court, may assume the crime victim’s rights under this
chapter, but in no event shall the defendant be named as such
guardian or representative.
(3) District Court; court.—The terms “district court” and “court” include the
Superior Court of the District of Columbia.
F. 	Procedures to promote compliance. –
(1) Regulations. – Not later than 1 year after the date of enactment of this
chapter, the Attorney General of the United States shall promulgate
regulations to enforce the rights of crime victims and to ensure compliance
by responsible officials with the obligations described in law respecting
crime victims.
(2) Contents. – The regulations promulgated under paragraph (1) shall –
a. 	designate an administrative authority within the Department of Justice
to receive and investigate complaints relating to the provision or
violation of the rights of a crime victim;
b. 	require a course of training for employees and offices of the
Department of Justice that fail to comply with provisions of Federal law
pertaining to the treatment of crime victims, and otherwise assist such
employees and offices in responding more effectively to the needs of
crime victims;
c. 	contain disciplinary sanctions, including suspension or termination from
employment, for employees of the Department of Justice who willfully
or wantonly fail to comply with provisions of Federal law pertaining to
the treatment of crime victims; and
d. 	provide that the Attorney General, or the designee of the Attorney
General, shall be the final arbiter of the complaint, and that there shall
be no judicial review of the final decision of the Attorney General by a
complainant.

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Office of the Victims’ Rights Ombuds
It is the responsibility of the Victims’ Rights Ombuds to receive and investigate
complaints against Department of Justice employees who violate or fail to provide one
or more of the rights to which federal crime victims are entitled under the Crime Victims’
Rights Act (CVRA).
A federal crime victim may file a CVRA complaint against a Department of Justice
employee by using the CVRA complaint form found on the U.S. Attorneys | Office of the
Victims’ Rights Ombudsman website.
Ellen M. FitzGerald
Victims Rights Ombuds
Executive Office for United States Attorneys
Department of Justice
RFK Main Justice Building
950 Pennsylvania Ave., N.W. Room 2261
Washington, DC 20530
Toll-Free: (877) 574-9302 Phone: (202) 252-1010 Fax: (202) 252-1011
Email: usaeo.VictimOmbudsman@usdoj.gov
Office for Victims of Crime
The Office for Victims of Crime is committed to enhancing the Nation’s capacity to
assist crime victims and to providing leadership in changing attitudes, policies, and
practices to promote justice and healing for all victims of crime.
www.ovc.ojp.gov
The Office of Justice Programs is a federal agency that provides federal leadership,
grants, training, technical assistance, and other resources to improve the Nation’s
capacity to prevent and reduce crime, assist victims, and enhance the rule of law by
strengthening the criminal and juvenile justice systems. Its six program offices—the
Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute of
Justice, the Office for Victims of Crime, the Office of Juvenile Justice and Delinquency
Prevention, and the Office of Sex Offender Sentencing, Monitoring, Apprehending,
Registering, and Tracking—support state and local crime-fighting efforts, fund
thousands of victim service programs, help communities manage sex offenders,
address the needs of youth in the system and children in danger, and provide vital
research and data.