A letter to Judge Falk from one of Barbara Bouchey’s attorneys gives some insight into the way NXIVM instructs its attorneys to play ball.
Read the letter in full:2011 04 28 Elberg letter to Judge Falk
During an all day deposition, (April 18, 2011) Barbara Bouchey was asked few questions that had anything to do with the issues being litigated which was NXIVMt)s practices and record keeping.
Rather, NXIVM counsel spent the day asking Ms. Bouchey about her tax filings which they somehow (possibly illegally) obtained and showed her that they had it in their possession at her deposition, records of telephone conferences she had with others who were formerly associated with NXIVM — letting her know through their questions that they had somehow learned of conversations that occurred on specific days and times in the last year — and questions about Ms. Bouchey’s personal life.
Her attorney, “The intended message to her was clear. Even when Mr. Crockett did ask about NXIVM’s practices with respect to what they claim is confidential, he asked the questions and used a tone of voice that was clearly intended to try to trick the witness, and I use the word ‘trick’ in its most pejorative sense. If there is any question about this, I am certain Your Honor can obtain access to the videotape of the deposition. ….
“The record demonstrates that the deposition tactics used against Ms. Bouchey, including the side trip to Federal Court in Albany, by the NXIVM side of this case has been motivated not by an effort to demonstrate her bias to a jury but rather by an effort to demonstrate to Ms. Bouchey the extent of the litigants bias against her and their goal of using litigation tactics to scare her into silence. The best and most recent proof of that is not just their making sure she saw, while testifying, that the 3 NXIVM ‘observers’ in the courtroom were reviewing her personal tax returns while Mr. Crockett asked questions about them. Even worse from my perspective is a series of emails that Mr. Crockett somehow felt compelled to send me taunting Ms. Bouchey within minutes after receiving a verdict in his California case. I have never seen anything like it.”
The email exchange in question : 2011 04 28 crocket emails to elberg
Robert Crockett wrote to Elberg just after winning the Plyam case (which I set up for the Bronfmans – right down to originally selecting and retaining Crockett and framing the entire case for them. The Bronfmans won a $10.3 million judgment thanks to my efforts then as is thier nature, turned again and went to rend me.)
Friday, April 15.,6:59 PM
Robert Crockett To: Phil Elberg;
Thank you thank you thank you Barbara Bouchey for her contribution to
our Plyam case and the help with malice. May she be as effective in the case against the Suttons and Ross. Yes sir.
Elberg responded:
Maybe I’m• supposed to know what this means,· I don’t
Crockett replied:
You will, thank her for me.
Elberg responded:
I assume you must have won your case. Congratulations but don’t you have more important things to do than sarcastically asking me to thank Barbara Bouchey? I really don’t get it.
Crockett: She was the reason we won. No sarcasm here.
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