Bouchey affidavit #3 Bronfman’s litigiousness

Here are some excerpts of the Sept. 9 2015 affidavit of Barbara Bouchey in her criminal computer trespass case….




  1. Currently in Albany Northern District Federal Court, NXIVM served a lawsuit just last summer against reporters from Vanity Fairmagazine and the Albany Times Union newspaper, along with co-defendants O’Hara and Foley for civil damages based on the same alleged charges in this criminal case.  It is significant to note that I am not named in this lawsuit at all, because NXIVM knows and possesses no evidence, that I was a participant with those individuals and those allegations occurring back in 2010.  This is further evidence in supporting that I was wrongfully enjoined in this criminal case with co-defendants O’Hara and Foley for my single, isolated login done with permission looking at only non-proprietary information in 2014 – occurring years later and having absolutely no connection to their case at all.
  2. For over a decade, NXIVM has demonstrated an obvious, clear pattern of litigiousness, egregious and wrongful allegations, and spending millions legally attacking their detractors, or anyone revealing information perceived to be negative, which has resulted thus far in no favorable rulings on NXIVM’s behalf – but – has been extremely malicious and abusive to those they have attacked.
  3. Attorney David Shultz, representing Albany Times Union Newspaper reporter Odato, points out in his Motion to Dismiss, which was filed on October 1, 2014, numerous instances of NXIVM’s pattern of legal harassment and rulings against them in NXIVM vs Foley et al, in the Northern District of New York, by stating that,

NXIVM is also known to be highly litigious and vindictive.  It has launched multiple lawsuits against former members and others, often alleging only small losses, but inflicting huge litigation expense.  NXIVM engages in relentless motion practice and excessive discovery—abusive tactics that have not gone unnoticed by the courts.  One bankruptcy judge, for example, detailed NXIVM’s “deplorable” pursuit of a former NXIVM trainer (In NXIVM vs. Dones):


“Her “sin” was to attempt to walk away after discovering that NXIVM was not what she thought or hoped.  In return, she was labeled a “suppressive,” a term that NXIVM applies to former associates who leave the company or whom NXIVM perceives to be its enemies, and subjected to protracted litigation from two large law firms and a phalanx of attorneys.  Despite multiple depositions and extensive discovery, they were never able to prove that Woolhouse did anything wrong.  NXIVM’s treatment of Woolhouse in this adversary proceeding was, in a word, deplorable.” ~ Judge Brian Lynch

(See Attached Exh. : Judge Lynch Order)

  1. In regards to NXIVM’s improper use of discovery, in NXIVM vs Dones, Attorney Shultz states,

Earlier in that litigation, in asking the court to quash subpoenas issued by NXIVM, defendants documented how NXIVM was seeking to use discovery as a tool to “make a full sweep of their ex-members” who had spoken out publicly.


  1. NXIVM is no stranger in the Northern District of New York having launched a lawsuit in against a famous cult de-programmer, Rick Ross, in NXIVM v. Ross Institute (No. 06-cv-1051-KSH_D.N.J. 2006), for posting statements from two psychiatrists claiming NXIVM was a cult on his website, along with posting a few pages from a NXIVM student manual. In regards to that case Attorney Shultz states,

Magistrate Judge Randolph Treece, who handled one aspect of the Ross litigation despaired over NXIVM’s litigation tactics, including a “glaringly transparent” effort to do an end-run around one court ruling by withdrawing its federal lawsuit and immediately filing a state action alleging the same claims and seeking the same relief. 


  1. NXIVM Founder Raniere’s legal retaliation tactics have been duly noted, and not tolerated, by another local judge. Mr. Raniere had filed a complaint against former girlfriend, Toni Natalie Foley (also a co-defendant in this case); but, Judge Littlefield from Northern District Bankruptcy of New York, dismissed it giving a very telling statement in his decision stating,

This matter smacks of a jilted fellow’s (Raniere) attempt at revenge or retaliation against his former girlfriend, with many attempts at tripping her up along the way.

(See Attached Exh. : Judge Littlefield Order)

  1. Attorney Shultz then goes on to speak about how “NXIVM’s tactics do not stop with aggressive litigation” citing,

After leaving NXIVM, defendant Toni Foley had to obtain a restraining order against a NXIVM employee who, among other things, was caught tampering with her mailbox.


  1. Also mentioning NXIVM’s unlawful actions in NXIVM v Ross Institute in the Northern District of New York (No. 03-7952_2d Cir. 2004); wherein Ross presented tangible evidence of the same to the Court, with Attorney Shultz stating,

Rick Ross has alleged that NXIVM hired private investigators who unlawfully obtained his bank records and telephone records, rummaged through his garbage, and set up a ‘sting operation’ in an unlawful effort to manufacture evidence to use against him.


Magistrate Judge Treece took Ross’s allegations seriously when he filed claims against NXIVM for this unlawful act, and in his ruling stated,


What raised eyebrows…and is the linchpin of their argument for piercing the privileges, is the improper and probably illegal manner in which Interfor (hired by NXIVM) collected data on Ross’ banking and telephone information. Within this Report, a number of privacy breaches are divulged, including several of Ross’ banking transactions…burden of reasonable cause to believe that a crime of fraud has been committed.

(See Attached Exh. : Judge Treece Order)


  1. NXIVM’s legal pursuit against Mr. Ross has now spanned 11 years, while most claims have been dismissed except a copyright infringement, which the Judge has ordered the parties attend mediation.
  2. Even Albany County Criminal Court has had to dismiss a case due to NXIVM’s false allegations. Judge Thomas Breslin dismissed a case whereby NXIVM falsely accused Joseph O’Hara (also a co-defendant in this case) of stealing money from one of their charities.  Very shortly thereafter, all charges were dismissed with Judge Breslin stating,

The People presented a ‘bare bones’ case to the Grand Jury and the instructions were so brief as to fail to provide appropriate legal instruction”…”it is noted that the prosecutor posed numerous leading questions throughout the presentation.

(See Attached Exh. : Judge Breslin Order)


  1. Another local media firm, Metroland Magazine, has also experienced NXIVM’s litigiousness. After their investigations and then running controversial stories, NXIVM launched a $65 million lawsuit in the Western District of New York in NXIVM Corp. v. Metroland Magazine, No. 136445 (Sup. Ct. Niagara County. 2009) for product disparagement and tortious interference.  This case was dismissed shortly thereafter.
  2. There is now a long history establishing Mr. Raniere’s malicious patterns of filing baseless, meritless lawsuits, spending millions on a battalion of prominent law firms across the country whom are influential and politically connected (most likely lied to as well) while performing unlawful activities (many criminal) to gain access illegally to their detractors private affairs in an effort to use it for coercion – with the goal to continue silencing, and suppressing negative information about them.



  1. NXIVM has a long history and are far reaching in their extreme harassment of people possessing negative information about Mr. Raniere and his inner circle. Speaking up can cause someone to fear suffering negative repercussions, which is clearly the case with my key witness, Svetlana Kotlin.  She was too terrified to voluntarily step forward, sign an affidavit to clarify the facts and speak the truth about my having permission to use her password for NXIVM’s social website.  Kathy Ethier, and myself, both submitted affidavits attesting, and being witness to Ms. Kotlin admit this and why.  Ms. Kotlin at one time was Mr. Raniere’s business partner and personally involved with him, but severed ties leaving frightened and on bad terms.  She truly believes that she cannot be honest, because she feels threatened, and terrified, of what he might do to harm her either personally or professionally.  She stated to me, “he will torture me like he has done to you.”  If she wasn’t so afraid, this felony count would never have been brought.  Mr. Raniere’s manipulation of the courts and law enforcement to use as a weapon to scare and silence people – hoping to keep damaging information about him from coming out – has been extremely an effective strategy so far.   And, just when you think you have evidence – you then don’t – because there is such fear around honestly expressing, like with Ms. Kotlin.
  2. Sadly, an enormous amount of my time and resources has been spent these last six years defending against false allegations and salacious accusations in these frivolous, baseless lawsuits filed by NXIVM and the Bronfmans.  After spending over $500,000 over the last six years defending myself, I just incurred another $50,000 to defend against this ridiculous felony count, been further traumatized, inconvenienced traveling from Seattle while sleeping on couches. And, my passport was taken restricting my travel.  So far, the Prosecutor offered five plea offers, some quite favorable.  But, I have declined.  I have been falsely accused, arrested, and indicted.  I do not want nor deserve a criminal record, violation or fine.  I do not want NXIVM and the Bronfmans to then only enter NYS Supreme Court (where they each have a pending lawsuit) where they will surely put a negative spin on a plea offer somehow managing to make me look guilty, raise doubts, and gain an unfair advantage.  And so, I decided it was best to allow the facts, evidence and truth to be brought forward, and trust that even though NXIVM’s bizarre, egregious and far-reaching litigiousness against me does not overwhelm or confuse the Court.  But rather, that the Court is wise to these type of malicious patterns and meritless claims.  I pray this Court will see through the veil of these false allegations, and dismiss this indictment wherein I have been falsely accused of logging on one single time for mere minutes to NXIVM’s social website looking at nothing more than social workshop calendars and testimonials (which even NXIVM defines as non-proprietary), and can also be viewed by the general public without a member password.
  3. I continue to visit and share my life with my special brothers and friends.  I enjoy taking care of those clients who stayed loyal to me even through the travesty of negative publicity – still entrusting and having confidence in my continuing commitment to manage their retirements and estates. I attach herewith eight character references written by some of them (See Attached Exh. A: Character References).


















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Frank Parlato

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About the Author

Frank Parlato is an investigative journalist.

His work has been cited in hundreds of news outlets, like The New York Times, The Daily Mail, VICE News, CBS News, Fox News, New York Post, New York Daily News, Oxygen, Rolling Stone, People Magazine, The Sun, The Times of London, CBS Inside Edition, among many others in all five continents.

His work to expose and take down NXIVM is featured in books like “Captive” by Catherine Oxenberg, “Scarred” by Sarah Edmonson, “The Program” by Toni Natalie, and “NXIVM. La Secta Que Sedujo al Poder en México” by Juan Alberto Vasquez.

Parlato has been prominently featured on HBO’s docuseries “The Vow” and was the lead investigator and coordinating producer for Investigation Discovery’s “The Lost Women of NXIVM.” Parlato was also credited in the Starz docuseries "Seduced" for saving 'slave' women from being branded and escaping the sex-slave cult known as DOS.

Additionally, Parlato’s coverage of the group OneTaste, starting in 2018, helped spark an FBI investigation, which led to indictments of two of its leaders in 2023.

Parlato appeared on the Nancy Grace Show, Beyond the Headlines with Gretchen Carlson, Dr. Oz, American Greed, Dateline NBC, and NBC Nightly News with Lester Holt, where Parlato conducted the first-ever interview with Keith Raniere after his arrest. This was ironic, as many credit Parlato as one of the primary architects of his arrest and the cratering of the cult he founded.

Parlato is a consulting producer and appears in TNT's The Heiress and the Sex Cult, which premiered on May 22, 2022. Most recently, he consulted and appeared on Tubi's "Branded and Brainwashed: Inside NXIVM," which aired January, 2023.

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Contact Frank with tips or for help.
Phone / Text: (305) 783-7083


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