New Victims' Rights Bill Expands Notification to Nonprosecution Deals and Adds Right to Sue the Government

The “Epstein Crime Victims Act” is a bill that deals with one thing: making sure crime victims are fully looped in when federal prosecutors cut deals, and giving them a powerful new tool if the government messes up that process.

Closing the Notification Loophole

Currently, federal law requires prosecutors to notify crime victims when they enter into a plea bargain or a deferred prosecution agreement with the accused. This bill closes a critical gap by requiring prosecutors to also notify victims when they enter into a nonprosecution agreement (NPA). Think of an NPA as a formal agreement where the government agrees not to charge someone with a crime, usually in exchange for cooperation or some other commitment. Until now, victims often didn't have a formal right to be notified about these deals, which can effectively end a criminal case. This update (to Section 3771 of title 18, U.S. Code) ensures victims are informed about all major pre-trial resolutions that bypass a trial.

The Enforcement Hammer: The Right to Sue

Here is the biggest change, and the part that gives this bill its teeth: If the government fails to notify a victim in a timely way about one of these three deals—a plea bargain, a deferred prosecution agreement, or the new nonprosecution agreement—the victim now has the right to sue the government.

This isn't about suing for damages or emotional distress. It’s a specific, procedural lawsuit filed in a U.S. district court designed to force the government to honor the victim's other rights under the law. For example, if a prosecutor secretly cut a deal and the victim found out later, the victim could sue to ensure they still get to exercise their right to be heard at any remaining court proceedings. This new enforcement mechanism gives victims a direct, specific remedy when their notification rights are violated, holding the government accountable for procedural errors.

Real-World Impact and Potential Friction

For victims, this is a clear win for transparency and enforcement. It means less chance of the government cutting a deal behind closed doors that effectively ends the case without the victim ever knowing. For example, if a victim of fraud is counting on the government to pursue charges, knowing about an NPA allows them to engage with the process sooner rather than finding out after the fact that the case is functionally over.

However, this new right to sue could create friction within the justice system. Federal prosecutors' offices will face an increased administrative burden, as they must be meticulous about timely notification to avoid potential litigation. While the law is clear that the lawsuit is only for procedural enforcement, the threat of legal action could potentially complicate or delay complex pre-trial negotiations. This bill prioritizes the procedural rights of victims, but it will require federal offices to significantly tighten up their internal notification processes to manage the increased litigation risk.