No. 21-5428

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

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

The Petitioner/Victim, Crystal VL Rivers, filed her Crime Victim Rights Act Petition to aid in the enforcement of the CVRA rights currently in place and afforded to her, in the district court after learning, for the first time, in 2019 after viewing a CNN News story relating to Jeffrey Eppstein and the high profile Crime Victims' Rights Act case (in re Does v USA, filed in the United States District Court for the Southern District of Florida and currently pending in the Eleventh Circuit Court of Appeals, Record No 19-13843). Victim-Petitioner had never been informed by the Government or their employees at any time since she reporting crimes committed against her, that she had any such rights. Additionally, Petitioner has never received a victim notification under the CVRA and the Government attorneys have not conferred with her about the status of the investigation, any court proceedings related to the matter or agreements with subject John Wynne and other non-indicted co-conspirators. Petitioner filed her Petition for Enforcement under the CVRA in her Civil RICO matter, Crystal Rivers v USA 6:18-cv-00061, filed with the Western District of Virginia soon after learning that she had rights under the CVRA and believed she still had rights under the CVRA because there had been no known indictment and the crimes were ongoing continuing to be committed against her and learned of as "newly discovered" in Circuit Court litigation upon discovery. Because the Government had not divulged the status of their investigation including any identifying case numbers, Petitioner filed her underlying CVRA Petition in the District Court raising many issues in several years of on-going suffering and reporting state and federal crimes committed against her and other victims by Wynne (who operated an illegal banking enterprise ((Rivermont Banking Company Inc. between 2006 and 2014))). Wynne who was sued under RICO in the Western District Court of Virginia in 2012 ((in re: CVLR Performance Horses Inc v Wynne 6:11-cv-00035)) and the subject of grand jury investigation, prosecuted by the "Government", before, during, and after the Fourth Circuit's ruling in Record No. 12-1591.

Question Presented (AI Summary)

Whether the Crime Victims' Rights Act (CVRA) requires the government to inform a victim of her rights under the CVRA and the status of the investigation and prosecution, even when the victim has not been named as a defendant in the case

Docket Entries

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

Attorneys

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