[Editor’s Note: This post concerns a lengthy filing by the prosecution with respect to the issue of attorney/client privilege as regards the various communications that were found on the electronic devices seized from Nancy Salzman’s former house. Although some may find it a bland and tedious, we are posting it because the issue of attorney/client privilege is going to be critical to the outcome of the case of U.S. v. Raniere Et Al]
The prosecution has apparently decided to stop “playing nice” when it comes to the issue of attorney/client privilege – especially with respect to the privilege claims that have been asserted by Clare Bronfman.
Frank Report readers will recall that the prosecution filed a Memorandum Of Law on this issue on December 28th. Thereafter, Bronfman’s attorneys filed their response on January 12th.
In its reply – which was submitted on Friday, January 18th – the prosecution responded to all the issues that Bronfman’s attorneys had raised.
The prosecution also revealed, for the first time, some of the foot-dragging and bizarre arguments that Bronfman and her attorneys are using to delay the resolution of exactly what evidence can be used at trial.
When it comes to the issue of attorney/client privilege, the prosecution has consistently made four major arguments:
(1) Bronfman’s claims of attorney/client privilege generally lack any factual or legal support and the government’s motion is not premature;
(2) Bronfman’s claims of attorney/client privilege as to her communications with Marianna Fernandez and Frontier Solutions lack any factual or legal support;
(3) Bronfman’s claims of attorney/client privilege as to her communications with Frontier Solutions [Dennis Burke and John Sandweg] and Jonathan Ware, Esq. lack any factual or legal support; and
(4) Nxivm’s claims of attorney/client privilege as to its communications with its Mexican attorneys lack any factual or legal support.
Let’s take a look at each of these arguments – and see what the government has to say in its latest filing.
RE: Bronfman’s claims of attorney/client privilege generally lack any factual or legal support and the government’s motion is not premature
– Bronfman’s attorneys have asserted that the courts have generally recognized a valid attorney-client privilege between an attorney, a visa applicant, and a third party.
– But, because they’ve been so busy filing other frivolous motions, they apparently didn’t have time to find any cases that support this assertion.
– Instead, they cited a journal article about “dual representation” that had already been rejected by another U.S. District Court in an unrelated case.
– Bronfman’s attorneys have also argued that the relationship between her, a visa applicant and the visa attorney would be a multiple representation or covered by a common interest agreement.
– But, once again, they didn’t cite any cases that support this assertion – which means that it’s nothing more than an unsupported conclusory assertion.
– Best of all is Bronfman’s response to the government’s assertion that she has refused to provide any legal or factual authority for her assertions of privilege.
– Rather than simply admit that she has no such authority, Bronfman asserts that to provide that information to the government would be a violation of her attorney/client privilege.
RE: Bronfman’s claims of attorney/client privilege as to her communications with Marianna Fernandez and Frontier Solutions lack any factual or legal support
– Bronfman has asserted that the intent of both her and Marianna Fernandez was that to have Frontier Solutions act as counsel for both of them – and that, as a result, any communications among the three of them would remain confidential.
– But the government points out that none of the communications in question actually involved Fernandez – and that, in any event, Bronfman shared all of them with Keith Raniere, thereby blowing up any attorney/client privilege that may have been established.
– The government then adds a slam dunk by noting that “Even if Bronfman could establish such a privilege, the communications between Frontier Solutions fall within the crime-fraud exception to the attorney-client privilege because there is probable cause to believe that the objective of Bronfman’s communications with Frontier Solutions was intended to facilitate or conceal immigration fraud”.
– The government also notes that Clare was an active participant in this immigration fraud because of her false claim that Fernandez “has never not complied with USA immigration laws” even though Bronfman was well aware that Fernandez had lived illegally in the U.S. for almost a decade.
– Finally, the government drops a new bombshell when it reveals, for the first time, that Raniere was planning to supply the $500,000 that Fernandez would need in order to apply for an EB-5 visa by raiding the estate of the late Pam Cafritz even though to do so would violate his fiduciary duties as the estate’s executor.
RE: Bronfman’s claims of attorney/client privilege as to her communications with Frontier Solutions and Jonathan Ware, Esq. lack any factual or legal support
– Bronfman also asserted that an attorney-client privilege existed with respect to communications between her (as owner of Ethical Science Foundation/ESF), Jonathan Ware, the Georgia-based attorney who was hired by ESF, and the various NXIVM-related visa applicants who applied through ESF.
– But, once again, the government points out that Bronfman has cited no cases to back up this assertion.
– And, to further undercut her assertion, the government notes that Bronfman failed to establish that either of the two applicants involved in this matter – i.e., B.M., a South African national, and P.S.H., a German national – were ever employees of ESF.
– Finally, the government notes that “…it appears that ESF existed primarily as a vehicle through which employees of Rainbow Cultural Garden, LLC sought visas”.
[This runs completely contradictory to Bronfman’s claims that Ethical Science Foundation has a noble ethical mission and instead appears to be a front for illegally getting fuck toy nannies for Keith to profit from.]
RE: Nxivm’s claims of attorney/client privilege as to its communications with its Mexican attorneys lack any factual or legal support
– NXIVM has claimed that it has attorney/client privilege in terms of two Mexican lawyers who were carrying out various tasks for the company.
– But, as the government points out, NXIVM has failed to provide any documentation to substantiate such a relationship.
– And, as the government goes on to note, “Even if it had, the communications fall within the crime-fraud exception to the attorney-client privilege because there is probable cause to believe that these communications were made solely with the intent and for the purpose of intimidating and silencing DOS victims”.
In short the attorneys were retained to intimidate and threaten such as Catherine Oxenberg, certain DOS slaves and other potential witnesses, and not for any valid legal purpose.
– The government asserts “The communications between Bronfman and Raniere clearly demonstrate that, far from consulting an attorney to determine the possible legality of a particular course of action,” Bronfman and Raniere used attorneys in Mexico to send letters that Bronfman and Raniere drafted for the sole purpose of intimidating these victims.
So, there you have it. All of the attorney/client privilege arguments that have been asserted to date by Bronfman and NXIVM have been totally blown up by the prosecution.
And having accomplished that feat, the government now seeks the following rulings from the presiding judge in the case, Nicholas G. Garaufis:
(1) Bronfman has failed to meet her burden to establish a personal attorney/client privilege over written communications between Bronfman, Marianna Fernandez, and attorneys of Frontier Solutions LLC – and, even if she had, such communications are not privileged under the crime-fraud exception;
(2) Bronfman has failed to meet her burden to establish an attorney-client privilege as an owner of Ethical Science Foundation over written communications between her, various applicants for United States visas (including B.M. and P.S.H.), and Georgia-based attorney Jonathan Ware;
(3) Nxivm has failed to meet its burden to establish attorney-client privilege over written communications that were shared between Nxivm representatives, various visa applicants, and attorneys;
(4) Nxivm has failed to meet its burden to establish an attorney-client privilege over written communications with Mr. Ricardo Olmedo of Olmedo Gaxiola & Abogados and Diego Ruiz Durán of Bufete Ruiz Durán S.C. and formerly of CLG Abogados – even and, if it had, such communications are not privileged under the crime/fraud exception.
[Let’s take a break here from the dry legal arguments to show you some authentic photos from the Facebook of Bufete Ruiz Duran, Raniere and Bronfman’s Mexican attorney used to intimidate enemies. I think you’ll agree, he’s one scary guy.]
It is expected that Judge Garaufis will issue a ruling on these matters sometime before the next scheduled Status Conference on February 6th. If the judge rules in favor of the prosecution – which we believe he almost certainly will – then it’s quite possible that the NXIVM Numskulls will employ the same tactics that Raniere has used for the past twenty years and appeal this issue all the way up to the U.S. Supreme Court.
An April 29th “Start Date” for the trial?
Not a chance.
Anyone else think their court filings sound like Soverign Citizens?
No, just spoiled brats.
Anything having to do with Keith Raniere and legal matters comes from his clown court playbook.
Clare Bronfman with a gold spoon up her ass, believes she is above the law. Bronfman was born into privilege and believes, as a queen, she should be granted special rights just because she’s a Bronfman.
In regards to Scott’s comment about Jeffrey Peterson in an earlier thread, I wonder if Peterson once again heard voices instructing him to file, as happened with the original lawsuit.
And so consider for a moment what has happened. I heard voices instructing me, by my name, to wait to file my lawsuit on Dec. 14. Those voices told me to file the lawsuit in the first place. The same voices told me the truth would start to revealed before the end of the year.]
Jeffrey seems to believe that he was “chosen by God” to defeat the evil Democrats and ensure that the wall is built.
I wonder why God would meddle in politics, Jeffrey. I guess this means God is a Republican, right?
…. You are the last person who should be mocking someone
What does that mean, Shameful? Its shameful that Frank allows comments from “people” like you- you are too stupid to realize how hypocritical it is to mock someone about mocking someone.
At least my comments about Peterson have a basis, while your comments on me are based on the fact that you’re an alt-right qmoron who thinks it’s your right to harass and threaten people who disagree with you.
Go fuck yourself.
While there’s no doubt that God is a Republican, Peterson’s story is more about the illegal behaviors, not the political behaviors, of others.
we also took a step back at first upon reading peterson’s dec. 14 claims, but consider all of what he wrote, not only the segments you extracted:
dec. 14, 2010: the day border patrol agent brian terry was shot and killed by a weapon trafficked to a mexican cartel by dennis burke’s fast and furious weapons trafficking scandal;
dec. 14, 2017: the day burke’s orchestrated “hit piece” news article about peterson ran in the arizona republic newspaper;
dec. 14, 2018: the day peterson filed his lawsuit against burke in federal court;
dec. 28, 2018: prosecution in the nxivm case files a memorandum of law revealing that lawyers dennis burke and john sandweg are under investigation in connection with an alleged “scheme to circumvent the immigration laws”
now. it is impossible peterson could have had anything to do with when the brian terry incident happened. it is impossible he could have influenced when the news article dennis burke put together against him ran. the fact that all three events happened on dec. 14th is enough to make you think, no matter how superstitious or not, you are. then consider the date from when peterson filed his lawsuit to when the truth about burke being a part of the nxivm investigation is also fourteen days. dec. 14th 2018 to dec 28th 2018 = 14 days. that is curious numerology.
then he said, if you go back to his twitter post, maybe he was hearing things because of sleep deprivation. he said he stayed up four days in a row writing the lawsuit after several attorneys declined representation due to the involvement of certain mexican persons in the case.
i have followed this board for a while and i notice you constantly attack him, flowers. are you a nxivm defender? if so do you believe you are on the right side of the argument in this case? i find peterson to be straightforward and brave against these creeps. his twitter channel is interesting, his posts are getting hundreds upon hundreds of retweets.
Questioning and pointing out illogical comments is not attacking, Cape. … – you… believe it’s impossible for me to be harassed by a group of alt-right criminals, but you are quick to believe Peterson is hearing the voice of God!
A quick Google search will show you many cases of alt-right people group bullying and threatening people who disagree with them.
You can also do a search for people who heard voices- some of them were miraculously saved by the voice- others were instructed by their neighbors dogs to kill people.
Somehow, I don’t think God and/or any of his/her Angel’s are advocating for a wall. (Unless God is willing to pay for the wall….)
Denny you have issues with some of your lackeys. You should tell them to shut their piehole. They are really making you and your fellow urinous democraps look every bit as evil as they are
No sweetheart God is not republican. However you and your fellow democraps are not gods. Always nice to hear from Denny’s toadie. Dennis we have it all, the rules have changed. This isn’t a fuckin game
Sweetheart? Does this mean we’re going steady? Of course God is a Republican, just look at the Republican vs. Democrat planks.
… my comment was to … flowers. Scooter … at least you have enough common sense to not be a demoncrap
Glad to hear that. I’m taken.
Hanoi, you sound confused. I have no connection to Burke, or to the Democratic party. I’m Canadian.
Scott, I hope your earlier comment does not mean you believe that Peterson’s claims of disembodied voices giving him instructions is NORMAL.
However, IMO, I think Peterson is lying about hearing the voices, and that he’s trying to preach to the strong Christian Trump supporters, and convince them that this is all part of a war against evil.
I don’t have any respect for liars and frauds.
I assumed Peterson was referring to his “inner voice,” or subconscious. However, I do not dismiss that it was God Almighty giving him a message, either. The bottom line is that issue is a minor one. The major part of the story is that the lawsuit was filed and revised, based on subsequent developments revealed here.
How exactly is the case against nxivm NOT a war against evil?
What proof do you have that Peterson is a “liar” or a “fraud”, other than what Dennis Burke has told you?
One slight difference between Burke and Peterson is that Burke has been called a liar by the deputy a.g. of the united states and the families of slain border patrol officers who lost their lives. Burke lied to the Terry family in their own home about the death of Brian Terry, saying there was no weapons trafficking involved. when there was.
“Burke also misled Assistant Attorney General James Cole when he confronted Burke about the leak, according to the IG report. It said Burke at first was “evasive” before admitting he was involved. Burke was “admonished” by Cole for “lying” to him and put him “on notice that such disclosures should not occur.”
As mentioned earlier, I have no link to Burke.
Read Peterson’s twitter page to see what he’s trying to do – he’s trying to paint Trump as a savior, and the opposition to the wall as proof of Democratic corruption, while totally ignoring the facts that are being revealed about the Trump/Russian collusion. Even Giuliani has admitted there was collusion.
Trying to distract from the real issues by introducing red herrings such as NXIVM, is ridiculous. Is anyone important taking Peterson seriously? Of course not. Lol.
What facts on collusion?. …. Have you read the testimony of Bruce Ohr or Jim Baker? …. Everyday more is being unraveled about the democrat-leftist coup that was being played out and is headed for failure and military tribunal. buzzfeed is not your friend lady.
Please cut it out, Flowers. I realize you feel picked on but being dubious about others’ sanity does not make you look any more or less sane yourself.
I’ll hazard a wild guess that Peterson’s religious beliefs include a little, whispering, inner “voice” known as the Holy Ghost to some. I’ve reckoned it as my unconscious mind myself — part of all our psyche’s that knows a lot more than our ego’s or conscious selves let on. I think a lot of especially religious folks view inspiration from their subconscious — that’s more tuned in to the zeitgeist, the consciousness — as the “still, small voice” aka the Holy Spirit. Doesn’t mean Peterson’s nuts for heeding the voice or that he’s hearing voices!
Peterson posted this on Twitter, so either it’s his own words or someone is hacking his twitter account.
I don’t feel picked on, lol. I feel very much vindicated by the craziness that I’m witnessing in regards to all this . The opinions of those with questionable ethics mean nothing to me.
If Peterson had said he had an initiative feeling to do this (instead of saying he heard voices) I would be more likely to believe him. I know a little bit about intuitive thoughts that turned out to eerily correct- ( I guess I should get out my tarot cards and crystal ball….)
Yep flower girl when in doubt just check with your occult tools.
cut/pasted from peterson’s twitter feed:
“I was not sure if it was real or just me imagining things as I’d been running on little sleep and sometimes you don’t know what to think.”
“I wrote earlier in this thread about hearing a voice that told me to file my lawsuit against Burke on December 14. At the time, I assumed it must have been my subconscious reminding me it was the anniversary date of the “hit piece” newspaper article Burke orchestrated against me.”
“I do not know exactly what all of this means. This is where I will turn to you, fellow #Patriots, #MAGA friends, for your continued feedback, guidance and prayers.”
craziness Flowers? reads pretty authentic to me.
…. I don’t spend hours searching all his comments….I wonder what the date is on this tweet- since you cut off the date.
It’s worth mentioning when Peterson admits something like that. But it makes me doubt his mental health.
It’s not good, especially if you know how it affects others, to let your own credibility come up in doubt.
I don’t doubt his mental health- I doubt his ethics, Anonymous. He fabricated the “voice of God” story to persuade the Trump supporters that this is all part of “Gods plan” …the Q-Planon, I guess. Lol.
Many here doubt your mental health. How you can support the evil that is the democrat party as well as your own evil Canadian PM. You protest way to much about what you have no clue about. Maybe you are just confused.
I doubt your mental health lady. You working for Denny is enough to realize you are not well. Your boy Dennis have been proven to be corrupt. You just speculate on Peterson and pretend it is fact. You post fake news tootsie.
You can’t rule out anything if you don’t know the answer or the reasons.
I think her FISA court strategy will fall flat, but then how many successes does Clare truly have in life ? I mean, other than successfully giving a fortune to a con-man.
I will be surprised if the judge does not agree with the prosecution.
Clare Bronfman’s attorney will probably try and get her to take plea bargain on the immigration fraud charges before the trial starts. She might not even go to prison and just get probation.
That may be dry but it’s important information and that’s what real court proceedings are like. Thank you for this.
I like the first photo of abogado (attorney) Diego Ruiz Duran.
The one where his t shirt says “I’ll be your Mickey Mouse.”
I took the trouble of looking up his Facebook page.
On December 12, 2018 Diego Ruiz Duran posted a video of a witch (A Bruja) removing curses from a soccer team and smashing coconuts.
La BRUJA ZULEMA hace su hechizo para alejar malas vibras en Cruz Azul.
The Bruja Zulema makes its spell to remove bad vibes in cruz azul.
Is that how Diego Ruiz Duran wins court cases?
By hiring witches?