DOJ-OGR-00019999.pdf

Case 21-58, Document 39-2, 04/01/2021, 3068530, Page140 of 200 government submits that the statements of the victims certainly shed light on the gravity of the offense conduct, the harm it has caused, and how serious that conduct is. The court can and should take that into account. My point was a procedural one; that it is not the case that the government is submitting this as evidence in support of its motion, but it is certainly the case that the victims' experiences, the harms that they have been caused can be considered by the court with respect to the nature and circumstances of the offense conduct, which we submit is gravely serious. THE COURT: All right. Thank you. Mr. Cohen, very briefly, any final points? MR. COHEN: Yes, your Honor, very briefly. I won't get into it, but I don't think she just answered your question about what they are doing with respect to the CVRA victims, but I will leave that to the court. Just very quickly, two points, your Honor. The government says in its response now that the case to be relied upon and distinguished is U.S. v. Epstein. They didn't raise it in their opening memorandum or their reply or in their oral presentation before your Honor. To the extent your Honor considers it, and we have certainly looked at it and the transcript of the proceeding before Judge Berman, most of that case is about dangerousness, your Honor, which is something the government is expressly not proceeding under here SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00019999