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

Frank Parlato