Moira Penza opposes Clare Bronfman's request to contact up to 1000 NXIVM members.

Prosecutors and defense agree on discovery rules for sensitive info [i.e collateral] in Raniere-Bronfman case

An agreement has been reached on how to treat sensitive discovery information in the Bronfman-Raniere crime syndicate case between most of the defense attorneys involved in the case and the U.S. Department of Justice.

A stipulation was signed by the United States Attorney and attorneys for five of the six defendants: NIXVM leaders Keith Raniere, Clare Bronfman, Nancy Salzman, Allison Mack, and Lauren Salzman. Only the attorney for hapless peon Kathy Russell failed to sign the document.

The Stipulation and Order will govern the sensitive discovery material [collateral, etc.] that the prosecution has to provide to the defense.

Here are some provisions:

1. Discovery material… to be provided by the government in the above-captioned case and any and all copies, notes, transcripts, documents or other information derived or prepared from such discovery material, can be used by each defendant and each defendant’s counsel in this matter …  only for the purposes of preparing and defending the …. case…;

2. Some Discovery Materials … contain personal financial information and personally identifiable information regarding individuals other than the defendants (collectively, “PII Material”), including … bank accounts, email accounts, telephone numbers, addresses, social security numbers and dates of birth of those other individuals;

3. Some Discovery Materials identify or tend to identify, alleged victims of human smuggling, alien harboring, physical or mental abuse towards an intimate partner, stalking, sexual abuse or sex trafficking, both of the charged crimes and other crimes or bad conduct of the defendants (the “Victim Discovery Material”);

[This is a very important revelation on the part of the prosecution for it hints at further charges and another superseding indictment.]

4. Some Victim Discovery Material is composed of highly sensitive information including … medical information, discussion of mental and physical conditions, photographs and videos of victims, letters and videos that alleged victims provided as “collateral,” sexual history, and sexual conversations (the “Highly Sensitive Material”);

[This proves the government is in possession of some or all of the collateral that Raniere, Mack, Lauren Salzman and others collected on DOS slaves. This is highly embarrassing and hugely sensitive material for it contains graphic nude pictures and videos of victims and some of the perpetrators – and likely Lauren and Allison – as well as confessions to crimes [true and untrue]. How this is to be used in court before a jury is anybody’s guess. But let us feel a little sympathy for the Jane Does who will testify at trial and expose themselves in many ways. Their victimization continues.]

5. With the exceptions noted in paragraphs 6 and 7, any and all Discovery Materials disclosed to the defendant and defense counsel … shall not be further disclosed, disseminated or discussed by the defendant or defense counsel to, or with, any individuals (including without limitation co-defendants), organizations or other entities, other than to non-lawyer personnel (including but not limited to private investigators, analysts and potential experts) directly employed by defense counsel and subject to defense counsel’s supervision, provided such personnel have been provided with a copy of this Stipulation and Order and have signed Attachment A to this Stipulation and Order;

[This means that other than the defense team, their direct employees -such as private investigators etc. and the defendants, the material cannot be shared or discussed – with certain exceptions]

6. Defense counsel or defense staff may disclose or discuss Discovery Materials… with … a potential witness, provided that such potential witness has been provided with a copy of this Stipulation and Order and has signed Attachment A. …  provided that neither the potential witness nor any counsel for the potential witness is permitted to review, handle or otherwise possess any Discovery Materials outside the presence of defense counsel or defense staff. Before disclosing Discovery Materials to anyone pursuant to this paragraph, defense counsel must (1) redact any Highly Sensitive Material, (2) redact any PII and (3) redact any …. information from any Victim Discovery Material, including … name, address, email address, phone number, date of birth, Social Security number, any photograph or visual depiction, work history, educational history, family history, sexual history, medical history, and history of mental health treatment including any history of therapy (“victim identifying information”).

If defense counsel does not wish to make any of these redactions, defense counsel must obtain the government’s consent to make such disclosure or must make an application to the Court for authorization to make such a disclosure…

In no case, however, may defense … allow potential witnesses or their counsel to maintain a physical or electronic copy of any Discovery Materials outside the presence of defense counsel or defense staff;

[This means that should the defense need to share personal information and especially the collateral with potential witnesses, they either need to get the prosecution’s consent or the court’s consent and they would view it in the presence of the defense attorneys.]

7. Defense counsel may disclose or discuss Discovery Materials to or with a co-defendant pursuant to a joint defense agreement, if the co-defendant and his or her counsel have signed Attachment A to this Stipulation and Order.

[If some or all of the defendants agree to a joint defense agreement – which, as far as is known, none have done so – then they can share the materials freely. Not all defendants are charged with the same crimes so discovery material will differ for different defendants]

9. With the exception of disclosure to potential witnesses and codefendants ….no Discovery Materials are to be disclosed to any person (other than the defendants and defense counsel) who is a current or former student or employee of Nxivm, Executive Success Programs, or the defendants, and/or any entity affiliated with Nxivm, Executive Success Programs, or the defendants, or to any person or entity that has worked as an independent contractor or that has previously provided any professional services to Nxivm, Executive Success Programs, or the defendants, or any entity affiliated with Nxivm, Executive Success Programs, or the defendants, without consent of the government, or if such consent is not granted [by] the Court …

[The reason for this requirement is not immediately clear, but I suspect the prosecution is trying to avoid having a cadre of NXIVM members working {for free?} on behalf of the defense and having access to the sensitive discovery. The prosecution then goes on to list the NXIVM affiliated and shell companies:]

10. This paragraph is to be broadly construed and applies to any people or entities affiliated in any way with Keith Raniere, his teachings, his purported “technology,” or his purported “tools.” These entities include but are not limited to the following:

  1. DOS (or “The Vow” or “The Sorority”),
  2. NXIVM CORPORATION
  3. DBA ESP;
  4. FIRST PRINCIPLES INCORPORATED;
  5. JNESS, LLC;
  6. THE ETHICAL SCIENCE FOUNDATION,
  7. EXO-ESO,
  8. THE SOURCE,
  9. ULTIMA LLC,
  10. AXIOLOGY, INC.;
  11. BUYER’S ADVOCATE, INC.;
  12. EQUIPT CORP.;
  13. NXV PROPERTY MANAGEMENT CORPORATION (NX PMC);
  14. SUNSHINE PROPERTIES, INC.;
  15. ELITE HOUSING CORP.;
  16. ETHICAL VALUE EXCHANGE, LLC;
  17. WEB EQUIPMENT, LLC;
  18. ELITE MARKETING PROFESSIONALS, INC.;
  19. POIESIS, INC.;
  20. RCG CORP LLC;
  21. RAINBOW CULTRUAL GARDEN, LLC;
  22. PRECISION DEVELOPMENT, LLC;
  23. ETHICAL PRINCIPLES, LLC;
  24. EXECUTIVE HOUSING & PROPERTIES, INC.;
  25. MOVING PIXELS, INC.;
  26. MY IMAGES, INC.;
  27. NX APPAREL, INC.;
  28. NX PROPERTY MANAGEMENT CORPORATION;
  29. THE ART OF MOVEMENT, INC.;
  30. GENERAL SERVICE PAYMENTS, INC.;
  31. GENIUSES, LLC;
  32. ONE ASIAN, LLC,
  33. WORLDWIDE NODES, LLC;
  34. BUNDLED ELEMENTS, LLC;
  35. SURE HOLDINGS, LLC;
  36. PSC I, LLC;
  37. E MALLARD WEB, CORP.;
  38. ETHICAL MEDIA, LLC;
  39. WORLDWIDE NETWORK, LLC;
  40. CREW HOLDINGS, LLC;
  41. EXECUTIVE SUCCESS PROGRAMS, INC. (NV);
  42. ETHOLUTIONS, INC.,
  43. DON’T BE DUMB, LLC;
  44. PLUGGEDIN TECHNOLOGIES, LLC;
  45. SOCIETY OF PROTECTORS, LLS;
  46. NXV TRUST;
  47. ETHOLUTIONS, INC.;
  48. PRINCIPLED PRODUCTS, INC.,
  49. NXIVM PROPERTIES, LLC;
  50. FOWL HOLDINGS, LLC;
  51. 2430AUT1 TRUST,
  52. BBFC TRUST,
  53. EMF TRUST,
  54. NX TRUST, INC.;
  55. APPLIED PRINCIPLES,
  56. THE ROOFING COMPANY,
  57. SUCCESS PROGRAMS UNLIMITED, LLC;
  58. LIFE LEARNING, INC. (NV);
  59. WORLD AUDIENCE PRODUCTIONS, INC.;
  60. WOLRD AUDIENCE PRODUCTIONS, INC.;
  61. ITS ENDEAVORS, INC.;
  62. MALLARD WEB CORPORATION;
  63. SWEET P’S, INC.;
  64. 7 SEVEN, LC,
  65. FRANKLIN, LLC;
  66. ACK KNOWLEDGE, LLC;
  67. ALOUSCH, LLC;
  68. COALITION OF ETHICISTS, LLC;
  69. DEVELOPMENT TRAINERS, LLC;
  70. ESSENCE INTERACTIVE, INC.;
  71. ETHICAL HUMANITARIAN FOUNDATION;
  72. EVENTS FOR HUMANITY, INC.;
  73. ETHELETICS, LLC;
  74. HOUSE OF EQUUS, LLC;
  75. IMPRESSIONATES, LLC;
  76. OCCAMS RAZOR, LLC;
  77. OUR EVOLUTION, LLC;
  78. RCG CORP LLC;
  79. RCG KIDS INTERNATIONAL, LLC;
  80. RETURN TO NATURE, LLC;
  81. RHYTHMS OF INFLUENCE, LLC;
  82. SPIRIT @ 19, INC.;
  83. THE RANIERE INITIATIVE, LLC;
  84. TRUTH, LLC;
  85. VEINTE-SEIZ, LLC;
  86. VILLAGE HALL LLC;
  87. WISDOM SYSTEMS, LLC;
  88. WORLDWIDE NODES LLC;
  89. ACK MANAGEMENT PTE LTD;
  90. NXIVN MEXICO SA DE CV;
  91. ACK WAKAYA HOLDINGS LLC
  92. and any subsidiaries or predecessor companies.

11. Defense counsel and defense staff may disclose or discuss all of the unredacted Discovery Materials to or with their clients. Moreover, each defendant may possess one copy of the Discovery Materials, subject to the following limitations. Each defendant may possess one copy of PII Material, if the PII material has been redacted. Each defendant may possess one copy of the Victim Discovery Material, if the Victim Discovery Material has been redacted to remove (1) any Highly Sensitive Material and (2) any victim identifying information. If defense counsel does not wish to make any of these redactions, defense counsel must obtain the government’s consent to make such disclosure or must make an application to the Court for authorization to make such a disclosure….

12. No Highly Sensitive Material, or copies thereof, may be taken into any jail facility or possessed in any such facility, except to the extent it may be taken into a jail facility by defense counsel for the sole purpose of reviewing the Highly Sensitive Material with a defendant or potential witness in that defense counsel’s presence and will not leave that defense counsel’s sight or custody;

[This seems to apply specifically to Keith Raniere who is the only defendant in jail. It means Keith can view the sensitive materials – – the collateral – but only in the presence of the defense attorneys. It can never leave their sight for even a second. Funny, at one time he possessed the collateral and looked at it whenever he wanted.]

13. No other material that is the type of material that likely would have been designated Highly Sensitive Material had it been produced by the government, or copies thereof, may be taken into any jail facility or possessed in any such facility, except to the extent it may be taken into a jail facility by defense counsel for the sole purpose of reviewing that material with a defendant or potential witness in that defense counsel’s presence and will not leave that defense counsel’s sight or custody;

[In other words, if Keith knows where other collateral is – that the government does not have, Keith can’t keep it.]

14. No victim identifying information of any alleged victim or potential victim shall be included in any public filings made with the Court absent consent of the government or further order of the Court. Such information may be provided to the Court under seal;

15. In the event any defendant, defense counsel or defense staff wishes to attach any Highly Sensitive Information to public filings with the Court, defense counsel must obtain consent of the government, or …  make an application to the Court….

[During motion practice sometimes discovery material is referenced or attached. In this case, any court filings with sensitive material either must be redacted or filed under seal.]

18. None of the Discovery Materials or any copies, notes, transcripts, documents or other information derived or prepared from the Discovery Materials shall be disclosed to the media directly or indirectly in any form;

19. Nothing in this Stipulation and Order prohibits the media from obtaining copies of any items that become public exhibits at any conference, hearing, trial or other proceeding;

20. Nothing in this Stipulation and Order releases counsel for the government or defense counsel or defense staff from their obligations to comply with the “Free Press—Fair  Trial Directives” of Local Rule 23 of the Local Criminal Rules of the Eastern District of New York;

23. The defendants and defense counsel will destroy or return to the government the Discovery Materials and all copies thereof, …  at the conclusion of the trial if the defendants are acquitted on all counts or, in the case of convictions either at trial or by guilty plea, upon completion of any sentencing, appeal or collateral attack on the convictions made by the defendants in this matter, with the exception that each defense counsel may retain one copy set for its records provided the defendants are not given access to that copy set.

[This means that at the end of the trial, or appeal, the discovery material must be returned – except that the defense may keep a copy of it – but the defendants may not. So the collateral will be protected to a degree and not become the property of the defendants – although once it was the property of Keith Raniere that he extracted by coercion and deception.]

Dated: Brooklyn, New York
July 25, 2018

RICHARD P. DONOGHUE
United States Attorney
Eastern District of New York
By:
Moira Kim Penza
Tanya Hajjar
Karin Orenstein
Assistant U.S. Attorneys

Marc Agnifilo, Esq.
Teny Geragos, Esq.
Jacob Kaplan, Esq.
Paul DerOhannesian, Esq.
Danielle Smith, Esq.
Attomeys for Keith Raniere

William McGovern, Esq.
Sean Buckiey, Esq.
Attorneys for Allison Mack

Hector Diaz, Esq.
James L. Burke, Esq.
Attorneys for Lauren Salzman

William P. Fanciullo, Esq.

Attorney for Kathy Russell

Susan Necheles, Esq.
Attorney for Clare Bronfman

David Stern

Attorney for Nancy Salzman

See the entire document:

https://frankreport.com/wp-content/uploads/2018/08/2018-07-31-discovery-agreement.pdf





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  • I examined the Discovery order relating to the handling of sensitive material.
    In Attachment A there are 34 lines for 34 potential victims of Allison Mack and Keith Raniere’s extortion scheme.

  • Here’s a question the media should be asking Marc Agnifilo:

    Are you in possession of: “Victim Discovery Material which is composed of highly sensitive information including … medical information, discussion of mental and physical conditions, photographs and videos of victims, letters and videos that alleged victims provided as “collateral,” sexual history, and sexual conversations (the “Highly Sensitive Material”?

    • You are one obsessed perv. Allie Whack told you to fuck off on twitter because another fact fuck perv was doing her. You just can’t let go. I really can’t believe you are 60. You have the mentality of a 13 year old boy who constantly jerks of to his grade school crush who won’t acknowledge his pathetic existence.

        • My son is a very obsessed perv. He was that way from nursery school till he dropped out of high school. He popped out of my womb crying Allie Allie…..and she wasn’t even born until almost 30 years later.

      • I haven’t seen any proof that SS tried to ask Allison out on a date.

        Show me some proof or you’re a lyin’ sack o’ shit. Show me these tweets. You keep saying it happened, but I haven’t seen any proof.

        Either way, you’re still a waste of a human being and I’d highly advise you to improve the world by exiting it.

        • Sounds like some is hitting to close to home on you shadow perv. You stalked Allison for over a decade and it ripped your heart out when she picked another old fart perv over you. Look at the bright side perv, you could also end up in prison with your competitor Keith both gratifying your selves to thoughts of Allie being a prison bitch.

    • Beginning to see your point. If Allison had taken you up on your offer and moved in with you and your mother, Mack would now be a has been B minus actress rather than an indicted has been B minus actress.

  • “This high heeled underage prosecutor” is bringing the entire fraudulent scam called Nexivm down to its final demise.

  • So Raniere and Clare cannot have their 15 dollar an hour legal team of Nxivm insiders working on this case?

    Clare is going to have to do BOAT (Break Out Another Thousand) hourly 24 hours a day, 7 days a week to pay for all these billable hours.

    Does a heart good to see her continuing to go through her trust fund. Unless she is cashing in on her untracked bitcoins to pay for all these attorneys.

    • No such thing as an untracked Bitcoin. Early on it was possible to invest in bitcoin and remain anonymous. Back then it had low value and only IT people were buying it. There wasn’t any big money involved in bitcoin.

      Nowadays even using tools that make it harder to track still do not make it completely anonymous.

      • How do you translate bitcoin into fiat currency? Who does that for cryptocurrency holders that want to pay for say, a legal service?

        • Bitcoin exchanges facilitate the conversion of bitcoin to fiat currency and vice versa. The largest by far, and most secure, is Coinbase. Coinbase accounts are tied to brick & motor bank accounts. Coinbase reports all transactions to the IRS like any other brokerage firm.

          Holding bitcoin in private wallets on a PC or flash drive is an option, but it is much more risky. Bitcoin in private wallets could be transferred to other private wallets through foreign operated exchanges but the risk of having bitcoin stolen is much higher in this scenario. Mt. Gox was a Japanese exchange/online wallet that was “hacked” in 2014 and had hundreds of millions (currently worth billions) of dollars worth of bitcoin stolen. Most likely it was an inside job.

          Since bitcoin transactions are not anonymous, and every single transaction is part of a permanent public ledger that anyone can see, nearly all of the bitcoins from the Mt. Gox heist have been tracked through the public ledger since they were stolen. As soon as they are laundered into fiat currency, or are transferred into the possession of a legitimate organization, legal action will be taken against whoever was holding the coins. This has already happened for some of the coins stolen from Mt. Gox. There is no way for whoever stole the coins to convert them to real currency without revealing who they are. There is also no way to use the stolen coins in the bitcoin economy because the economy is still so small that there is nothing substantial that could be purchased, and any purchase where the coins were deposited into a legitimate organization’s bitcoin wallet in exchange for goods or services would immediately reveal who is holding the stolen coins.

          There are truly anonymous crypto currencies like zcash, but due to their wildly fluctuating values they are much riskier investments than bitcoin, which is already risky in itself. Zcash transactions cannot be followed through a permanent public ledger, but converting zcash into fiat currency would still reveal who was holding zcash, but not where the zcash originated.

          So regular old cash is still king for anonymous illegal transactions. Its much harder to track and way easier to launder than bitcoin.

      • What is Bitcoin?Son of Boris tell me ‘Papa,I need 1000 Amerikan dollar to buy Bitcoin’.This was many year ago,2009 I am thinking.I give him money,and he give me computer drive and tell me Bitcoin on drive.In March, Anatoly come and tell me ‘Papa you sellling Bitcoin,you are rich man now’ I have many Bitcoin,but not know where is Bitcoin.I ask wife where is Bitcoin?Wife of Boris delete file on drive to put funny picture of cat.Spasibo!

      • Kr has all his companies in others ppl names just as he taught the others. He has companies in mexico etc… so he could do the same with bitcoins

  • Keith owns the collateral. It is unjust that he cannot have his own property. Does no one keep their word. These women who gave the collateral vowed to stay true. Now they renig. Now this high heeled underage prosecutor thinks she can deprive Keith of the collateral he took to teach the women and hold to their word.

    • Pea, like now, you often expose your troll-nis with absurd support that only a troll would say.
      So I say, Come on, you, stop this idiocy.

    • I am a figment of your dirty mind and can do nothing but turn you on. The real prosecutor with her sharp legal brain and professional persistence will expose you and incarcerate you – before tripping lightly on her pointed heels in the direction of the nearest Louboutin stockist for a clean new pair, with blood red soles.

    • Keith Raniere is a pervert who doesn’t even own his own soul.

      Keith Raniere sold his soul to the Devil long ago.

      And as a loyal member of NXIVM, Pea Onyou, aren’t you supposed to call Raniere by his title? The Vanguard.

    • Pea Onyou:

      Assuming that you know Allison and are part of the NXIVM cult, how did you like having to hand over “collateral” that could be used to blackmail you in the future?

      If Allison Mack were really your friend would she collect materials that could later be used to hurt you?
      What kind of friend collects blackmail against another friend?

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