New NCVLI Child-Victim Bulletin: Seeking Release Conditions and Protective Orders That Benefit Child-Victims

NCVLI is excited to announce the publication of a new Bulletin titled ”Seeking Release Conditions and Protective Orders That Benefit Child-Victims.”  To access this Bulletin, please visit NCVLI’s Safeguarding Child-Victims’ Rights Initiative page at http://law.lclark.edu/centers/national_crime_victim_law_

New & Noteworthy Court Opinion: Johnson v. Dep’t of Pub. Safety Standards and Training, — P.3d —, No. A147361, 2012 WL 5429461 (Or. Ct. App. Nov. 7, 2012).

Petitioner, a private investigator whose license was revoked by the Department of Public Safety Standards and Training (DPSST), sought judicial review of the revocation order, which was based in part on the determination that petitioner—while working for private criminal defense attorneys—interviewed crime victims without disclosing his true identity and role and without informing the victims of their right to refuse defense interviews.  The Oregon Constitution grants crime victims the right to refuse an interview request by a criminal defendant or anyone acting on the behalf of the cr

New & Noteworthy Court Opinion: United States v. Murray, --- F.3d ---, No. 11–20622, 2012 WL 5330889 (5th Cir. Oct. 30, 2012).

Defendants, separately convicted of various federal fraud charges arising out of a Ponzi scheme, appealed the district court’s order reopening their sentences and awarding about $17 million in restitution to the victims under the Mandatory Victims Restitution Act (MVRA), 18 U.S.C.

New & Noteworthy Court Opinion: State v. Shepherd, — A.3d —, No. 2010-336, 2012 WL 5275420 (Vt. Oct. 26, 2012).

Defendant pled guilty to aggravated assault, lewd and lascivious conduct with a child, and sexual exploitation of a child, arising out of his sexual assault of a 10-year-old child-victim.  Defendant appealed the trial court’s order that he pay restitution for the costs of relocating the child-victim’s family to Hawaii that were not covered by state victims’ compensation program funds.  Defendant, who was the live-in nanny for the child-victim’s twin, sexually assaulted the child-victim over a period of several months.  The child-victim and his family lived in a small, rural t

New & Noteworthy Court Opinion: United States v. Keifer, No. 11-3942 (6th Cir. Nov. 5, 2012) (order).

Defendant created the fictitious McPherson Property Group and induced the victim-investor into purchasing worthless shares of the company.  Additionally, defendant opened bank and merchant accounts under 56 different names and received payment from numerous entities for work never performed.  The federal government eventually charged defendant with two counts of bank fraud, one count of uttering a forged and counterfeit security, and one count of fraud and related activity in connection with access devices.  The government later moved to dismiss the forged security charge, an

New & Noteworthy Court Opinion: New & Noteworthy Court Opinion: Kovaleski v. State, No. SC09-536, — So. 3d —, 2012 WL 5258677 (Fla. Oct. 25, 2012).

Defendant appealed, arguing that the statutory closure provision conflicted with the requirements established by the Supreme Court in Waller v. Georgia, 467 U.S.

Huge Win for Victims of Child Abuse Imagery

On October 1, 2012 the Fifth Circuit Court of Appeals found that victims depicted in child abuse imagery have a right to restitution when a defendant is found in possession of the images, regardless of whether the defendant created or distributed them.  This ruling is significant for victims of these crimes, whose images are often spread widely among networks of criminals who view their abuse, resulting in thousands and thousands of viewings.  Imagine knowing that images of your abuse as a child are being viewed around the world for years, with no way to halt this re-victimization

Save the Date for the 12th Annual Crime Victim Law Conference

June 7th-8th, 2013  |  Portland, Oregon

Mark your calendars for NCVLI’s 12th Annual Crime Victim Law Conference!  NCVLI’s Conference is the only conference in the country focused on rights enforcement.  Join us for this invaluable opportunity to learn the practical skills necessary to serve victims and to participate in key conversations that will shape the future of victims’ rights.

Partnering in the Fight to Protect a Minor Victim’s Privacy

A minor victim of sexual assault recently found herself under attack again - this time from a barrage of subpoenas from the defense seeking records ranging from her rape crises center records, to 17 months of her Facebook page, to her diary.  Fortunately, this victim was working with a great system-based advocate and prosecutor in Santa Maria, California.  That prosecution team put the victim in contact with NCVLI and we quickly paired this victim with a pro bono attorney.  Together we are fighting to quash the subpoenas and protect this victim’s state constitutional right to

New & Noteworthy Court Opinion: United States v. Citgo Petroleum Corp., Crim. Action No. C-06-563, 2012 WL 4068675 (S.D. Tex. Sept. 14, 2012) (slip copy)

A jury convicted corporate defendants CITGO Petroleum Corporation and CITGO Refining and Chemicals Company, L.P. (CITGO), of illegally operating two large tanks in a Texas refinery without first installing emission control devices as required by the Clean Air Act.  As a result of this crime, members of a residential community adjacent to the refinery were exposed to noxious chemical air emissions, including more than 300 community members for whom the government sought victim status under the Crime Victims’ Rights Act, 18 U.S.C.

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This project was supported in part by Grant No. 2008-DD-BX-K001, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect those of the U.S. Department of Justice.