Victim/Witness Assistance Program

You are a victim if you have “suffered direct and proximate harm as a result of the commission of a federal offense or an offense in the District of Columbia,” as defined by the Crime Victims’ Rights Act of 2004.

• If you are under 18, incompetent, or incapacitated, notifications of victims’ rights and case status is provided to a designated legal guardian.
• As a victim, if you die, all rights and services transfer to your designated next of kin. Designated legal guardian or next of kin includes one of the following:
  • legal guardian
  • spouse
  • parent
  • sibling
  • adult children / offspring
  • another family member
  • person designated by the court

You received a letter from ATF because you have been identified as a possible victim in an ATF investigation.

ATF Regional Victim/Witness Specialists and agents will make their best effort to ensure victims are afforded their rights as outlined by law. The Crime Victims’ Rights Act of 2004 provides that officers and employees of the Department of Justice make their best efforts to see that crime victims are notified of and accorded the following rights upon charges filed or indictment of an offender.

During the investigation, victims have several rights under the Victim Rights and Restitution Act (34 USC § 20141, previously 42 USC § 10607). Your foremost right is to be provided with privacy and treated with fairness, dignity, and respect.

• Be informed about where you can go to get emergency medical and social services, and public and private programs that can provide you with counseling, treatment, and other support;
• Be reasonably protected from the accused.
• Reasonable, accurate, and timely notice of any court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.
• Full and timely restitution as provided by law.
• Proceedings free from unreasonable delay.
• Be treated with fairness and with respect for your dignity and privacy.

Once charges are filed you will receive a notice from the U.S. Attorney’s Office informing you who was charged.

• Be informed about where you can go to get emergency medical and social services, and public and private programs that can provide you with counseling, treatment, and other support;
• Receive reasonable protection from a suspected offender and people acting in concert with or at the behest of the suspected offender;
• Know the status of the investigation of the crime, as long as it is appropriate and will not interfere with the investigation;
• Notification regarding the arrest of a suspected offender; and
• Have any property being held for evidentiary purposes be maintained in good condition and returned to you as soon as it is no longer needed for evidentiary purposes.

If you feel your rights have been violated, please reach out to:

Office of the Victims’ Rights; Victims’ Rights Ombudsman
Department of Justice, EOUSA, RFK Main Justice Building
950 Pennsylvania, Ave., N.W., Room 2261
Washington, D.C. 20530-0001

Website: https://www.justice.gov/usao/resources/crime-victims-rights-ombudsman.

The Attorney General Guidelines (2011) defines a witness as “a person who has information or evidence concerning a crime, and provides information regarding his/her knowledge to a law enforcement agency.”

As a witness, you are entitled to:

• Be treated with dignity and respect
• Reasonable protection from the offender
• Intercession with your employer
• Services of an interpreter, if needed

The Department of Justice created the Victim Notification System (VNS) to provide victims with information about case events. ATF works with the United States Attorneys’ Offices and the Bureau of Prisons to provide victims/witnesses with this information as the case events unfold.

Information provided through VNS is available in English and Spanish and is sent by U.S. mail or email. In many cases, the victim/witness may receive only one letter and then directed to enter an email address to receive further case notifications. VNS can be accessed via their website: https://www.notify.usdoj.gov/index.jsp

All states have crime victim compensation programs that may help cover specific expenses resulting from a violent crime.

Victim compensation is available for victims of both federal and state violent crimes. Your state program may pay for medical and mental health care costs, lost wages and funeral/burial expenses not covered by insurance or other benefits. Each state has its own government program, and determines the benefits, eligibility and application requirements for that program. Your Regional Victim/Witness Specialist can direct you to the crime victim compensation program in your state and assist you with the application process.

Regional Victim/Witness Specialists can provide you with additional assistance, such as referrals to other programs and services. These may include: emergency housing, mental health counseling, support groups and credit counseling services.

Every state has a Crime Victim Compensation program which may compensate you for out-of-pocket expenses that result from a violent crime, such as emergency and medical services, counseling etc. Each state program determines its own eligibility requirements and benefits.  

Yes. All of these programs receive federal funding and are required to provide services to victims of federal crimes.

Being a victim of crime can be traumatic. Although some people may have little or no reaction to being victimized, others may have a variety of reactions or symptoms that did not exist prior to the event. These may include:

• feeling of being overwhelmed, helpless
• sleeplessness, nightmares
• difficulty eating
• anger
• being unfocussed/unable to concentrate
• increased concern for personal safety and for that of loved ones
• continuously reliving the event; suffering flashbacks

Your Regional Victim/Witness Specialist can provide information for referrals to counselors and support groups in your area. Also, below is a list or resources for crime victims.