Raniere’s defense team replies to government’s opposition to his release on bail

Keith Raniere’s defense team has submitted their reply to the government’s motion to oppose Raniere getting bail.

See the document here:  https://frankreport.com/wp-content/uploads/2018/06/2018-06-11-raniere-sur-reply.pdf

There is so much wrong with this document – and it’s so chock full of flies – that a separate or maybe several separate posts will be necessary to show all of that.

Here is Raniere’s initial motion for release on bail.

Here is the government’s opposition.

Below is the three page present document.

It is dated June 10, 2018 and is called a Sur Reply.
BY HAND and ECF
Honorable Nicholas G. Garaufis
United States District Judge
Easter District of New York
225 Cadman Plaza East
Brooklyn, NY 11201

Re. United States v. Keith Raniere, Crim. No. 18-204 (NGG)
Dear Judge Garaufis:

We submit this brief letter in response to the Government’s letter in opposition to Keith Raniere’s motion for bail (see Dkt. No. 44, Government’s Letter dated June 8, 2018 (“Gov’t Ltr”)) and in further support of Raniere’s application for bail (see Dkt. No. 43 (“Raniere Bail Motion”)). In opposition to Raniere’s Bail Motion, the Government argues that there is no combination of conditions that would adequately protect the community, mitigate the risk that the defendant will obstruct justice or assure his continued appearance. (See Gov’t Ltr at 1.)

As set forth below and in Raniere’s Bail Motion, Raniere’s proposed set of conditions to the Court alleviate these concerns. The proposed combination of conditions including (i) 24-hour armed guards securing his presence, (ii) attorneys present at any meeting with potential witnesses or alleged co-conspirators, (iii) access to a telephone with the ability to only call pre-approved numbers, and (iv) no internet access will assure Raniere’s presence in court and will protect the community.

1. Raniere’s Participation in DOS

To highlight the stated strength of their case, the Government cherry-picked communications between Raniere and someone very close to him. (See Gov’t Ltr at 3-6.) These are (i) out of context and (ii) relate specifically to the long-term relationship between Raniere and this person at that particular time. As will be shown at trial, these communications are not evidence of sex trafficking or any other crime. Additionally, these communications do not negate representations in Raniere’s Bail Motion that Government faces weaknesses in their evidence.

Indeed, the Government’s discovery supports Raniere’s claim that DOS is a group by and for women, dedicated to female empowerment.
The Government also points to Raniere’s “participation in the psychological torture of a young woman” as apparently relevant to the charges at issue. (Gov’t Ltr at 6.)

The Government has apparently been severely misinformed about the “imprisonment” of this woman. The adult woman was living in a townhouse near Albany with her family (her mother, brother, and one sister). When it was discovered that the woman may have stolen other people’s property, she faced a choice:

(i) return to her home in Mexico,

(ii) make amends for the theft or

(iii) remain in an unlocked bedroom of her family’s residence with her family until she made such amends. She chose to stay with her family. Eventually, she voluntarily chose to return to Mexico and was driven there by her father and another person. Her father arranged for her to safely enter Mexico, where she is now living.

1 The Government has stated they are in possession of footage but has not turned it over to the defense or even described it.

2. Raniere’s Ties to Mexico

Without acknowledging their misstatements regarding Raniere’s trips to Mexico in three public filings over the course of months, the Government still resorts to Raniere’s “deep ties” to Mexico as a basis for the Court to determine that Raniere is a risk of flight. (Gov’t Ltr at 8.) However, this argument is faulty. Mexico is clearly not a place of refuge as the Mexican Government was willing to seize Raniere as a deportable person and hand him to the United States so he could be arrested upon his appearance in Texas in a matter of a few hours.

Additionally, Raniere was not “hiding on a luxury beach resort that was essentially a fortress.” (Id.) This housing complex, a common destination for North American tourists, is a gated community, which Raniere often left to have meals in the village. As further support of Raniere’s open and conspicuous whereabouts while living in Mexico, he sat for a multi-day interview with New York Times Magazine reporter Vanessa Grigoriadis in late December 2017 and then later sat for a New York Times photograph shoot on March 6, 2018. All of these factors, in addition to the unrebutted documentary evidence set forth in Raniere’s Bail Motion at pages 10-15, contradict the Government’s contention that Raniere hid in Mexico to evade the Government’s investigation.

3. Raniere’s Proposed Bond Conditions

First, while the Government states that Raniere does not specify who will bear the costs of TorchStone (Gov’t Ltr at 1), counsel informed the Government in a phone call before filing its Bail Motion that the proposed private security guards are paid by an irrevocable trust funded by
third-party contributors. The purpose of the trust is to pay for reasonable defense costs in connection with the instant prosecution.

Second, the bond proposal was crafted specifically because Raniere lacks meaningful assets of his own. (See Gov’t Ltr at Attachment 2.) If Raniere had a house with substantial equity, for instance, counsel would not be putting forward a package with armed guards. We believe that this case is unlike those where armed guards were proposed. However, because of the defendant’s lack of meaningful assets, we have proposed armed guards in lieu of equity.

Third, Raniere has not participated in choosing the residence where he would be supervised if released. (See Gov’t Ltr at 8.) Mr. Mark Sullivan and Mr. Joe Funk of TorchStone have spearheaded this process, without input by Raniere. Moreover, any secure living arrangement is subject to Your Honor’s approval.

Fourth, the Government has repeatedly stated that the proposed conditions will not “mitigate the risk that the defendant will obstruct justice” (Gov’t Ltr at 1) by “intimidat[ing] witnesses against him” (Gov’t Ltr at 8). The Government’s position is that Raniere would be able to threaten the safety of witnesses with “momentary access to a cell phone.” (Gov’t Ltr at 11.)

The proposed conditions do not allow for Raniere to have access to a cell phone while on bail.

Raniere proposed access to one landline telephone with pre-approved phone numbers. The Government’s basis for their obstruction of justice concern is apparently that Raniere has demonstrated “willingness and ability” to obstruct justice in the past because he has filed lawsuits against people. Counsel is not aware of any precedent for the Government’s novel legal theory that using lawful judicial process is a basis for Obstruction of Justice charges under either 18 U.S.C. §§ 1510, 1512 or 1513.

Furthermore, the proposed bail conditions require that Mr. Raniere is present with counsel if he associates with any of his “co-defendants, alleged co-conspirators, or any individual currently or formerly employed by or associated with Nxivm or any affiliated or constituent entity.” (See Raniere Bail Motion at 4.) This condition is in fact more restrictive than Raniere’s current conditions at the MDC—where he can meet with any approved visitors without the presence of counsel.

2 This bail condition ameliorates any concern that Raniere will threaten the ability of the Government to properly investigate their case. Raniere’s attorneys are all in good standing in this court.

2 In fact, Raniere has not met with any visitors at the MDC except for the counsel of record.

Therefore, Raniere’s proposed bail conditions are more than sufficient to ensure Raniere’s appearance during the pendency of this case and adequately address any of the concerns the Government raised. We thank the Court for its attention to these matters.

Respectfully submitted,
/s/
Marc Agnifilo
Jacob Kaplan
Teny Geragos
Brafman & Associates
Paul DerOhannesian II
Danielle Smith
DerOhannesian &
DerOhannesian
cc: All Counsel (via ECF)





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  • Aren’t you supposed to be respectful & deferential when addressing the court? Wouldn’t that be wiser? And why is it always “the government?” At least say “the state,” to avoid coming off as complete weirdos. Wait, why am I helping these people?

  • Isn’t there a class where they say that “you can’t play as the law, the law is the one responsible for these “(ii) make amends for the theft or”,
    2. c´mon even “la joya” is a gated community, that is what he chose, most of Mexicans don’t live in gated communities. pre-approved phone numbers could contact him with non approved phone numbers, this is so ridiculous.
    3. “where he can meet with any approved visitors without the presence of counsel” Jails have cameras and security, a security they trust more than the private ones who could be espians.
    4. “In fact, Raniere has not met with any visitors at the MDC except for the counsel of record” Where are the followers? oops
    IS THIS A JOKE?

  • The government really needs to consult a CULT Expert and a Master Hypnotist like the one mentioned in this video. I will add the Harvard PHD who understand how this works. Raniere is desperate to get out because he uses cue words that have already been programmed into the minds of Clare Sara and all of his top members. He bragged about how he had 100ś of members that would come to his rescue. He bragged in the article of NYMagazine ¨anyone can be talked into anything¨ This is what #coverthypnosis and #hypnosis does. Allows for him to get them to do what he wants. He has to keep this up, because he is right, the more he stays away from them the LESS power he has over THEM> He can not use these techniques in prison behind glass visiting stations. A lapse in the re programming, in use of the cue words, and lapse in time allows doubt and the truth to settle in. And the more members to begin to THINK for themselves. Please Contact https://freedomofmind.com/

  • It’s clear Raniere’s defence team have no respect for the rule of law, the Judges authority and ability to exercise said authority, basic rules of grammar, spelling and punctuation, and finally and most tellingly – THE TRUTH. This is a poor show, but they can only really reflect and magnify a client of such questionable morality.

  • Why wouldn’t the defense team show example of text and emails between VanBoy and his followers to show what an ethical, honorable, moral man he is?

    Just calling the other team as Cherry Pickers is then just sitting around and picking something else, like their nose.

    It must be hard to defend a man who has no good defense. Guess the defense dream team is laughing all the way to the bank.

  • Definitely Scumbag legal team the VanButt has. Languishing in all the cash they are making off the “Third party trust fund” [loud couch happens, while saying Clare Bear at the same time].

    Well we know Judges talk and so do their staff. This Judge has gotta know the scrum behind the jumpsuit and chains is not JoeSmoe honest “this is just a little white collar crime” BS.

    Odds are come tomorrow by 3 PM VanLanguish will know hes going back to the hell hole he deserves.

    Bahahahahahaha VanLanguish

  • If you have any hope of being a father and being a part of your child’s life, arrange a plea based upon sharing the real story about the imprisoned woman. It would be a kindness to the woman, long overdue, and it would be a kindness to your wife and future child, who would get to see you sooner rather than possibly much, much later.

    • It should have to include the truth about who planted the child porn images on John Tighe’s computer.

  • Holy S@#T – Who let that go out without proofreading? THE EASTER DISTRICT OF NY? Does the district represent the Easter Bunny, Peter Cottontail, Bugs Bunny and The Energizer Bunny? Embarrassing for a “top-notch” law firm to let that go to the Judge Garaufis.

    • I’m sure whoever’s written it was trying to get it out fast. A very funny picture you paint. Does Raniere have to wear has bonnet to court now? Maybe it’s because he’s acted like a jackrabbit these past few decades with all of his f toys

    • Only extra fancy typos for Keith. As he hippity hops his way to prison for life! A truly hoppy ending for somebunny so special.

  • LOL at the defense response.

    As for their claim that it’s an all female empowerment group and that Keith was merely talking about a personal relationship that was taken “out of context”…

    The text messages from Keith actually state that he is the master of all “first line” slaves and the Grandmaster of all slaves recruited under them. *He’s directly describing that it’s a “pyramid structure” of slaves created to serve under his own rank of Grandmaster. Allison’s name is also used as the highest ranking slave, thus proving it’s the DOS program being discussed.

    (That’s not a personal relationship discussion which was taken out of context, that’s a slave program with him as the Grandmaster, LOL)

    Keith additionally acknowledged that all of them are ‘life slaves’ who have collateralized their slavery forever with blackmail material (the word “forever” is actually used during this conversation to indicate that slaves will never be able to leave the group).

    (Again, that’s not an all female empowerment program taken out of context, that’s a male Grandmaster creating a lifetime pyramid of slaves for his own sexual benefit)

    Additionally, Keith states that it’s HIS monogram being branded on the slaves and that he can “command” them to be his sexual partners if he wishes. He also admitted that many of them don’t know about his presence as the Grandmaster……thus proving that many of the girls are being deceived into not knowing that a male is really running DOS.

    (That’s not taken out of context, that’s directly stated by Keith)

    The defense response is so ludicrous (bordering on the twilight zone) that I now feel very confident the judge won’t grant bail…..since even Pinocchio couldn’t tell so many lies with a straight face. LOL. He may grant a hearing to hear more details, but the government’s evidence proves that Keith is lying 100% about his claims of not being involved in the DOS pyramid slave scheme.

  • Liars, I believe you forgot something at the end of your statement:

    “Indeed, the Government’s discovery supports Raniere’s claim that DOS is a group by and for women, dedicated to female empowerment…”

    to serve the ego and sexual needs of a man.

    Don’t worry my services here are free. I won’t charge you for the quarter hour or whatever hourly fraction you charge others that comes out to a ridiculous amount of money that you people shouldn’t even be earning.

  • ‘An irrevocable trust funded by third-party contributors… ‘ GTFOH

    Hahahahahaha… More NXSCUM speak

    Should be, ‘An illegal trust founded by soon-to-be indicted Co-Conspirators’

    Some ppl are beyond brain dead. So, exactly how many $$$ does this trust have? And who is Clare’s trustee? I mean the trustee? Gees.

    • Just an endless stream of contempt for everything we ought to hold dear: democratic process, rule of law, mutual cooperation, the truth..
      Never any honour amongst thieves and ingrates.

  • Judge to Raniere: You are temporarily grounded for your ethical breach. You are free to come and go as you please about the luxurious bedroom we have generously provided at MDC. We fully trust you (to not get past your iron bars) and hope that you will use this opportunity to heal your ethical breach.

  • And so begins the victim shaming this law firm is known for. They destroyed the woman that Dominique Strauss-Kahn raped to get his charges to go away.

    So, unfortunately, it is only natural that Daniela Fernandez is an evil scumbag who allegedly stole some unknown item. This theft was not reported to the police, so that justice could be handled in a normal manner (since nothing was actually stolen). Instead, this non-existent theft was punished by internal NXIVM justice, which meant being imprisoned for 18 months, and it wasn’t really that bad that she was isolated in a bedroom by her own choice. Nevermind that they had to put cameras up to make sure she stayed in there. Obviously, it was completely voluntary.

    These lawyers make me sick. A pox upon your houses.

    • I bet any amount that there is electronic evidence about the truth of Daniela Fernandez’ imprisonment. You know they would not have brought up the videos of her imprisonment if they didn’t have further corroborating evidence.

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