Marc Agnifilo, the brilliant and high-priced attorney for Keith Raniere, is now accusing the government of behaving unethically. What he claims all but amounts to de facto witness tampering.
He writes in his affirmation to the court that the government is withholding information from the defense and is actually trying to get witnesses to change their stories.
Agnifilo writes the government has interviewed a number of DOS slaves as potential witnesses.
He writes, “…in some instances, after witnesses provided an account of their experience in DOS, the Government subsequently attempted (and sometimes succeeded) to have these witnesses change their accounts, in whole or in part, by confronting these witnesses with purported statements by a defendant or the Government’s opinions about the evidence.”
He writes that the government knows that much of what they are alleging is untrue.
He wrote, “In a novel effort to fabricate the element of coercion as part of the sex trafficking count, the Government artificially links collateral to a requirement of sex with Keith Raniere. However, we expect that the Government has by now spoken with numerous women who have stated to the investigators and prosecutors that collateral was wholly unrelated to sex or an expectation of having sex with
anyone, let alone Raniere…. The evidence is overwhelming that the collateral was a function of a woman’s membership in and commitment to DOS, and nothing more….
“We believe that the Government has been told by a number of people the Government considers ‘DOS slaves’ during proffer sessions with the AUSAs and the FBI agents assigned that no sex trafficking or other illegal conduct took place.
“These witnesses provided information which contradicts the factual allegations and theory of the prosecution. Defense counsel believes, moreover, that when confronted with these accounts of alleged ‘DOS slaves’ that no illegal conduct took place that the Government attempted to ‘convince’ these witnesses to the contrary.
“The defense is concerned with the propriety of this investigation in light of this information.”
After suggesting that the government is engaged in, in effect, witness tampering, he then accuses the governmental prosecutors of withholding information they know would tend to prove Raniere’s innocence.
They have not turned over the required Brady Material [any evidence that might exonerate Raniere], he claims.
“Simply put,” Agnifilo writes, “if the Government has been told by someone it believes to be a ‘DOS slave’ that nothing inappropriate happened, contradicts information alleged by any of its witnesses or that any defendant did not act with the requisite mental state required for the commission of the crime, that is the very definition of Brady material, and it must be disclosed immediately…
“Notwithstanding assurances that it is aware of its ethical obligations, the Government has still not responded to counsel’s original Brady request (filed five months ago), counsel’s subsequent Brady demand (sent four months ago) or counsel’s most recent demand for immediate disclosure of Brady materials (filed two months ago).”
Agnifilo alleges several examples of the government withholding information.
He writes, “I also believe that at least one witness who was apparently given an assignment to seduce Raniere has spoken to the Government and told them that she did not fear the release of their collateral if she did not complete this assignment. Notably, she has informed law enforcement that this ‘assignment’ did not actually result in seducing Raniere.”
And again, “…counsel has provided numerous examples of witness statements to law enforcement that directly contradicted the Government’s theories. Yet, in the eight months since Raniere’s expulsion from Mexico and subsequent arrest, the Government has still failed to provide these exculpatory statement, clearly within the purview of Brady…
“While counsel is aware of some of these witnesses’ statements, this does not relieve the Government of its ethical obligations under Brady. Counsel were not present at these witness interviews and therefore do not know exactly what these witnesses told law enforcement.
“Moreover, while counsel know that some witnesses provided exculpatory information, we do not know how many other witnesses have provided similar information. Only the Government knows the full extent of the exculpatory information.”
The line of defense Agnifilo is evidently planning is that for every one victim the government produces at trial – he plans to call multiple non-victims who were in similar circumstances.
If, for example, a victim claims she was forced to have sex with Raneire, Agnifilo will produce 10 women who will testify they were not forced. Then he will try to impeach the victim claiming she is lying and/or misunderstood Raniere’s intentions. That the other 10 women understood it was not compulsory to have sex with Raniere.
This is over simplifying, but the rebuttal is: “I am innocent. I did not force 10 women to have sex with me – I only raped one.”
But, unfortunately for Raniere, one will be enough for him to go prison for a long, long time.
Time’s running out for NXIVM.
Good try there counselor, but you still cannot polish a turd.
The link above tells us why the vigilance of FR, the media, remains critical to bringing justice to Nx victims. (Please ignore the headline. Sad state of affairs when it has to have a political celebrity name or bipartisan slant in it to sell views.)
Just like NXIVM, the Epstein scam is another example of the lack of people coming forward. I didn’t read the entire story, but the first part didn’t mention the fact that the judge should not have accepted the settlement, as it broke the law regarding notifying victims. But don’t talk about other MLM scams, and instead keep harping on NXIVM, because it makes you feel good.
Any idea if Frank Report is going to put its focus on mlm scams or cults? My impression was the site was going to draw attention to the various “cults” recruiting people. Something like a Rick Ross “cult buster” type endeavor.
MLMs can be taken down through law enforcement. Cults as you said aren’t illegal. So the challenge is finding illegal activity that can be used to put a stop to them. At the least, Frank Report would be a place that family or friends could direct a member to look to and find information that is being hidden from them. By Frank and his associates own investigating or first hand accounts of former members.
MLMs are all over the web with such information. Someone thinking about joining Amway that does a search for “Is Amway a scam”? will get plenty of hits on blogs,articles and other sites that provide the information, not to mention and news items.
Cults tend to be discreet with information they put out online. Being as ambiguous, obscure as they can while still trying to raise interest.
MLMs will advertise and promote themselve, possibly even addressing claims of their detractors and refuting them. Few people care to read about Herbalife or Pampered Chef and the people that have their garages filled with the products they can’t sell.
I’d predict traffic to Frank Report would not be what it is. People are curious and fascinated by cults. The odd practices and lurid details and the cheap gossip. The claims of their leaders and members and anything taboo. The friends and family members of people involved in MLMs are usually more irritated than concerned about their safety or looking for help to get them out.
I agree. Even though Watts and his wife were in an MLM scam before declaring bankruptcy and in another one before he choked her (and possibly his two young daughters), and both MLM scams which obviously put financial and other stresses on their marriage, all people are interested in are the dramatic parts, such as putting his daughters in oil tanks after they died: http://allmlmfacts.org/2018/09/le-vel-its-a-killer-of/ Hardly any attention is being put on the significance that they were involved in MLM scams, and the comments on this website prove they don’t care about others being scammed, no what the consequences are, up to and including death. This is the gossipy, soap-opera, “reality TV” universe we live in.
Was there a significance? That sounds as reaching as Shadowstate. Is there even evidence that correlates the bankruptcy to his involvement in an mlm?
Many people get involved with mlms as a hobby, an attempt at extra income or to promote a product they enjoy with friends and family. Not as some half assed self employment bid at running “their own business”. The Avon Lady was always a tongue in cheek nod at independence by chauvinist at their wives, because it’s not an actual business. It’s similar to selling candy bars at school for new uniforms. The top sellers get a cheap prize.
Scott, you cant blame violence on an MLM scam. Obviously Watts was mentally unbalanced, and if he was having affairs, the reason he may snapped was possibly his wife found out what he was doing. Remember Scott Peterson? He killed his wife because he wanted to be free to pursue another relationship.
“After suggesting that the government is engaged in, in effect, witness tampering, he then accuses the governmental prosecutors of withholding information they know would tend to prove Raniere’s innocence.”
How can the government turn over Brady material exonerating Raniere when such material does not exist?
The prosecution most definitely has Brady material – and they will eventually turn it over to the defense attorneys. All Agnifilo is trying to do here is raise issues that can possibly be used on appeal – and perhaps speed up the process.
Sorry Big Ears, Shadow is infallible. You must be wrong because Mack intentionally steps on every single ant she can find as she walks down the sidewalk.
There is abundant truth in what Marc says. It should be pretty clear that Keith will be acquitted.
Where is Pea?
Preparing to be indicted?
Pea is likely being punished for the anti Nxivm propaganda she write so she is either very stupid or she’s a troll with nothing to do with nxivm.
Monte, my gut instinct says you are Clare Bronfman, even uneducated can be good writers. If so than you are paying Aggies bill, do you really think he cares if Keith gets out of jail, he’s made it clear Keith is hard to get away from and that’s while he is incarcerated. He’ll never get any peace if you know who gets out. I might even feel sorry for him.
Thank you for today’s “NXIVM Comedy Moment!”
Anytime Agnifilo writes something to the government, they should just respond with Raniere’s “fuck toy” email and tell him to STFU.
Everything about his defense is screaming that Mack is being set up to take the fall.
I meant to add for every victim is the jury going to care that 10 come forward saying they weren’t victims? Count me in. I wasn’t a victim either but I believe the women and men who were.
Agnifilo admits they are DOS slaves. From the beginning of this case, he has called the women who claim abuse liars on camera. Was he there? No. He is simply taking his clients’ word for it, now they even sound like the same person, especially in bail filings!
His behavior is similar to Clare and Keith’s many court cases, winning is not the real issue. Keeping the court tied up is!
Is the jury going to care that for every abused victim, many of whom are hopefully getting counseling, and hopefully working with cult deprogrammers?
They being Nxivm have never denied using NLP. It may take some time before many of the women realize they were victims as they have been told for years they are at fault.
The idea that any woman can testify that she never felt her collateral would be released is foolish. As long as that collateral was out there with more damaging collateral required monthly, you couldn’t possibly feel safe.
Raniere realized that as the victim got used to each piece of collateral being out there (they knew not where), he would need to up the fear level. JMO.
PS: the only decent thing I see about Aggie. As an attorney, is he is willing to do whatever his client asks of him, even if it makes him look like an idiot!!!
I heartily second Heather Anne. Sometimes I think “Aggie” 😁, Agnifilo, has either consumed so much Vanguard poison word salad he’ll need to have his brain pumped to survive OR he’s raking in so much moola on this case between the Bronfman’s and Salinas’ and who knows who else, he doesn’t care what kind of idiot he looks like, he’ll be hanging on Necker Island with Richard Branson sacrificing virgins for breakfast the rest of his born days.
Absolutely agree with you Heather Anne. Lot’s of defense attorneys in high profile cases tend to look idiots. Someone’s got to do the work. And, he gets paid with publicity to boot. He represented Martin Shkreli, so he’s well versed in how to powder his clients butts as the coin rolls in. It is quite interesting that the collateral seemed to always increase over time. Makes sense. How else to keep others under control. I would guess that a psychopath would prefer to keep the mind control in their favor by expected to receive new collateral on a regular basis for the sole purpose of keeping this threat front and center in the victims mind.
It’s nice to see you posting regularly under “Heather Anne” again. While I’m relatively still new to this site, thank you for sharing what you have. I know you are going through a very tough time in your life, and you are in my thoughts. I think you are really cool!
‘Aggie’ -that’s perfect. And i agree, raniere and co. will do everything to keep the court tied up. Its just that with so much form for using the justice system for the purpose of vexatious litigation, its difficult to imagine this nexivm M-O succeeding, especially as it involves such a degree of harassment for the witnesses. Aggie wins though. The brilliant and high-priced attorney will be one of very few to enjoy actual nxivm-related, executive success!!
Keeping the court tied up could be considered part of the plan IF another part of the plan would be to get Keith out on bail.
The next bail hearing will probably describe him as the long awaited Messiah.
Would a decent attorney do whatever a client asks of him, even if it makes him look like an idiot? Maybe you were joking, but a decent attorney wouldn’t do whatever a client wants if they dont think it’s the correct strategy. A lawyer is supposed to advise his client on what to do, so if Agnifilo was just following Keith’s wishes, would he be doing his job properly?
If Agnifilo comes out of this looking like a fool, its not going to be beneficial to his reputation.
He signed his name to the entire bail filing. I wish I was joking but if a potential client wants an attorney that they know will follow their lead he’s their man.
Rainere isn’t the only sociopathic/narcissistic criminal out there.
You’re missing my point. Would he be a “decent” attorney if he just followed the wishes of the people who he represents?….people who are not lawyers themselves?
1. The term “slave” includes the meaning of involuntary. Agnifilo doesn’t agree with that;
2. Both sides “take their word,” fortunately the Feds also have lots of supporting evidence as a result of the raids;
3. The Feds have infinite time and money if they want to tie up the court, while Raniere rots in jail;
4. NLP is not a crime; and
5. Agnifilo is doing his job to attempt to introduce reasonable doubts to the jury.
Other than that, great comment.
Does anyone know who the 2nd or 3rd level American DOS slaves that still support Raniere?
These people are hiding out now. I don’t think it’s likely they will testify on Nxivm behalf during trial.
You would think if they are so proud of who they are they would come forward in support, I think attorneys are exaggerating numbers.