Raniere makes third attempt at bail – wants immediate release with ‘no bail conditions’

Keith Raniere’s attorney, Marc Agnifilo, has filed a motion with the court to have his client released on bail with “no conditions” whatsoever.

This represents Raniere’s third bail motion. His first bail request offered a $10 million bond. His second was $1 million. Now, he seeks to get out of jail with no bail at all.

Agnifilo claims it’s the prosecution’s fault that the trial has been delayed and out of “fundamental fairness” and “due process,” Raniere, who’s spent 10 months in jail already, should be released.

In the alternative, Agnifilo says Raniere stands ready to again offer a $1 million bond if he can get out of jail and live at home subject to home detention and GPS monitoring.

On January 25, Agnifilo submitted the motion requesting Raniere’s release based on “the Government’s violation of 18 U.S.C. § 3164 and the Fifth Amendment’s Due Process Clause.”

18 U.S.C. § 3164 reads that for “a detained person who is being held in detention solely because he is awaiting trial …. shall be accorded priority [and] The trial…  shall commence not later than ninety days following the beginning of such continuous detention… Failure to commence trial of a detainee as specified … shall result in the automatic review by the court of the conditions of release. No detainee, as defined in subsection (a), shall be held in custody pending trial after the expiration of such ninety-day period required for the commencement of his trial.”
Agnifilo argues that Raniere qualifies for release under the law.

“When Congress stated that incarcerated defendants SHALL get priority, this is specifically what Congress was seeking to prevent,” Agnifilo wrote and he blames the prosecution.

Agnifilo explains, “Raniere must be released as a matter of fundamental fairness under the Due Process Clause of the United States Constitution, as (1) the Government has NEVER stated it was ready to try this case, (2) the Government has stated repeatedly that it possessed discovery material that it was refusing to provide to an incarcerated defendant because of a ‘continuing investigation,’ and (3) the Government has engaged in a provable and intentional pattern of delay so as to avoid trying an incarcerated defendant who has continually proclaimed his innocence.

“Through no fault of Raniere’s, but through the Government’s efforts, he has now has been detained for ten months and will have been detained for fifteen months by the end of the trial. At virtually each adjournment, Raniere has demanded that the Government that incarcerated him with bold, false claims of his dangerousness and risk of flight actually try him. And, at each adjournment, the Government cleverly—using all the tricks in its apparently bottomless bag of adjournments—has managed to avoid a trial.

“In Title 18, United States Code, Section 3164, Congress stated with simple and remarkable clarity a principle that has been systematically violated in this case: ‘the trial … of cases involving a detained person who is being held in detention solely because he is awaiting trial… shall be accorded priority.’

“… the Government has systematically violated this rule. Rather than giving the trial of Keith Raniere the priority that Congress mandated, the Government has engaged in a clear campaign to avoid the trial by delaying discovery, refusing to meet and confer with defense counsel regarding discovery (even when ordered to do so by this Court), and refusing to turn over discovery in its possession due to the pending investigation since the inception of this case….”

In the event the judge won’t release Raniere based on his “Due Process application,” Agnifilo has renewed Raniere’s bail application with “an increase in the collateral supporting a bond.”

Agnifilo says there is a suretor [unnamed], who will post $300,000 in cash to secure the $1 million bond.

Aginfilo proposed 10 conditions for Raniere’s release:

(1) A $1M personal recognizance bond.

(2) The bond shall be secured by five properties, with the owners of the properties signing onto the bond. [The property addresses were redacted in the motion.]

Several other people—the identities of whom will be provided to the government and the Court in advance of any hearing, will also sign onto the bond, offering cash amounts to secure the bond: [The amounts of cash each will pledge have also been redacted in the motion.]

(4) The defendant shall be on full home confinement in Brooklyn, NY or Clifton Park, NY until the trial begins.

(5) The defendant will be electronically-monitored by a GPS device that tracks his every movement.

(6) The defendant shall not leave the location of his home confinement, except for emergent medical matters and scheduled court appearances; his lawyers will be obligated to travel to this location for any meetings, and he must check in with his pretrial officer every day.

(7) When the trial starts, or if the defendant’s presence at court is required on a more regular basis, he will live at a location near the courthouse and will be accompanied by one of his attorneys from that location to the courthouse.

(8) The defendant shall not communicate with anyone by phone or in person aside from his attorneys or authorized members of their staff or unless his attorneys are present.

(9) The defendant shall have access to a computer to review the discovery provided in this case, but no internet access.

(10) Surrendering of the defendant’s passport and an agreement not to secure new travel documents.

***

Of course, home detention would provide Raniere an opportunity to escape, if he so chose.

He has been denied bail twice. It seems unlikely the judge will reverse himself and find Raniere is no longer a flight risk or danger to the community, after concluding he was in earlier decisions.

Raniere proposes to be left alone, in an unguarded home. Some of his followers have millions and are dedicated to him. The fact that he has to report daily to his pretrial officer by phone means little. He could call them by day and sneak out one evening, and board a private plane headed to a land where there is no extradition treaty.

Perhaps recognizing that he won’t be granted bail on a $1 million bond, Agnifilo put most of his emphasis on the alleged improper behavior of the prosecutor, laying out in detail how he believes the prosecution deliberately delayed the case as Raniere remains behind bars.

Agnifilo writes, “the constant adjournments of the trial date are solely due to the Prosecution’s conduct. When Raniere first stated he was not waiving anything [inc. speedy trial], the Government indicted Raniere and Mack, knowing Mack would not consent to a July [trial] date. When the Court set an October date, the Government superseded the Indictment adding four defendants, knowing they would not consent to an October date without the benefit of all discovery. Then, in disregard of this Court’s Order, the Government refused to meet and confer with defendants regarding discovery forcing defendants to file a discovery motion. When this Court sent the parties to meet with Judge Scanlon, the Government finally started turning over material that had been in their possession for six months, but then executed new warrants so that defendants would have even more terabytes to review after the December 7th deadline. Now, the Government is sitting on even more discovery that they will not produce until six weeks before jury selection. Now, after dumping 3 terabytes of discovery on defendants on January 11th and 44 gigabytes on December 7th, the Government tells this Court ‘it would be appropriate for the Court to adjourn [] the current trial date’ to accommodate the non-DOS defendants’ request to review the Government’s own tardy discovery. … A problem of the Prosecution’s own making is now leading them to request a trial adjournment, keeping Raniere in prison in violation of his rights, all the while insisting he sits in prison while they continue their investigation. Even if the Court ‘[does] not determine with precision the amount of pretrial delay attributable to the prosecution, nor assess the extent to which the Government may [be] at fault in contributing to the delay,’ it is clear that the Government ‘bears a responsibility for a portion of the delay significant enough to add considerable weight to [Raniere’s] claim that the duration of detention has exceeded constitutional limits.’”

***

In essence, Raniere has two shots to get out.  I would rate the probability of Raniere getting out on bail with $1 million bond – as extremely unlikely.  I can only imagine the chagrin and embarrassment of the judge if Raniere fled the jurisdiction, like any rat released from a cage might do. The media would blame the judge, not Raniere, especially if Pretrial and the prosecutor oppose his release if Raniere fled.

***

And although the likelihood of Raniere being released without any bond is also extremely remote, Agnifilo’s attack on the prosecution might produce what he really wants: i.e., the next superseding indictment. Because once he sees what other crimes Raniere (and at least some of his co-defendants) are going to be charged with, Agnifilo will be able to undertake all sorts of new filings – and get a good start on his billable hours target for 2019.

Viva Executive Success!

 

About the author

Frank Parlato

Frank Parlato is the founder of the FrankReport, publisher and editor-in-chief of Artvoice, The Niagara Falls Reporter, Front Page and the South Buffalo News.

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  • Raniere must be dictating his orders to Marc, because even a non-lawyer like me (thank you, God) can see right through this crap. Quoting Marc, the statute clearly states, “…a detained person who is being held in detention solely because he is awaiting trial….” The point is Raniere isn’t in jail SOLELY because he is awaiting trial, he is also a flight risk and a threat to others, as the judge has already clearly stated. QED

    However, it is hilarious that Raniere/Marc is giving the judge ultimatums, then giving him a choice to pick another choice if the ultimatum isn’t to the judge’s liking. Pure comedy.

  • Raniere and NXIVM love to hide their group lies by filling under seal so those that know the truth cannot point the DOJ in the right direction.

    The attorneys representing the Raniere, Salzman, NXIVM Criminal enterprise will never be told the truth so they have no options but to believe their clients.

    Keith Raniere is not a soft gentle man but he plays one for his bitch of a lawyer

    Marc Agnifilo. It appears Marc buys it hook, line and sinker.

    • Just to clarify. Things that are filed “under seal” are not viewable by the general public but the DOJ attorneys do see them. Things that are filed “under seal” and “ex parte” are not viewable by the general public or the DOJ attorneys.

  • A twenty year long crime wave across Mexico, Canada and the United States with hundreds of potential victims of crimes.
    “I want the trial now.”

    Dozens of potential defendants.
    “I want the trial now.”

    Hundreds of potential witnesses.
    “I want the trial now.”

    Seventy one computers filled with twelve terabytes of data.
    “I want the trial now.”

    Over a million documents to be archived and investigated.
    “I want the trial now.”

    “And failing a swift trial I want to be guarded by henchmen of my good friend Emiliano Salinas.”

    Now Keith Raniere is starting to understand what Rick Ross went through with a fourteen year trial.

    “What Agnifilo really wants: i.e., the next superseding indictment.”
    Don’t worry, Marc, your client and his co-defendants will be buried in indictments.
    You’ll get your billable hours in.

    • Because KAR IS an extraordinary flight risk due, ironically, in no small part to his criminal genius — the only sort of genius he may have — in scheming long-term, elaborate get-away plans; some of which were already attempted along with efforts to destroy evidence and compromise witnesses and to scapegoat others, marking KAR and his accomplices as an endangerment to society, in addition.

      AND the delays in holding the trial are mostly, and most obviously, the fault of the defendants seeking “privileges,” grounds for appeals, making demands for separate trials, sealed motions, refusing to cooperate with investigators, taking the 5th, complicating matters as much as a billion dollars to spare Clare Bronfman and Emiliano Salinas from prison possibly can!

      But I say, fine, let him out — so long as he’s charged and extradited to Mexico to be tried…once the super security wall’s in place.

    • Hmm, playing devils advocate here, why is KR’s lawyer wrong?

      Status Conference: Raniere’s attorney invokes God as his witness in assenting to ‘complex case’ status – Judge limits his swearing to the court alone
      December 6, 2018

      The trial is still set for March, but because of the designating of the case as a “complex case” – and the possibility of there being a superseding indictment – few courtroom observers believe it will actually commence in March.

      The judge also required each of the attorneys to assent on the record that the case is complex. By doing so, the judge was helping to ensure that the normal “speedy trial” rules would not be applicable to this case,

      https://frankreport.com/2018/12/06/status-conference-ranieres-attorney-invokes-god-as-his-witness-in-assenting-to-complex-case-status-judge-limits-his-swearing-to-the-court-alone/

      Under the Federal Rules once a case is declared complex there are much looser time limits.
      If the NXIVM case was complex in December then it is complex today.

  • He’d have been out on bond from Day One if he hadn’t cleverly fled to Mexico with an $8 million bank card bearing Pam’s name, and then cleverly switched locations to avoid the authorities. He encrypted his email and stopped using his phone. Does that not spell FLIGHT?

    There are consequences to decisions, many unforeseen. Many have stewed in detention for 15 months awaiting trial, for various reasons. KAR is a clear flight risk and a threat to witnesses and even co-Defendants. Intimidation is his middle name, and no bail conditions are IMO going to prevent that.

  • Dear Keith,
    Patent pending technology not working??
    Being the only integrated deity on this planet, I’m sure you can tweak the technology to render you impervious to any harsh conditions at the MDC.

    Technology faulty?
    Keith just focus yourself on JOY and all will be well.

    I hope you are enjoying your stay at tax payer funded Hotel MDC.
    For someone that has not paid income taxes, you should be grateful we taxpaying citizens are providing housing, three meals daily and healthcare.
    All those privileges given to you for free. Perhaps a bit unethical of you?

    See you in court!

    Signed an Anonymous Admirer

  • Keith isn’t trying to SERIOUSLY get out of jail on bail with this motion.

    Marc Agnifilo is not a RETARD regardless of what people may think about his lack of morals. Thus, Marc’s not dumb enough to think he’s got even a .00000001% chance to get Keith out on bail with this motion. Nope.

    Also… Frank’s assessment of Keith’s chances to be released on bail is borderline RETARDED and sounds like something that Claviger would have said.

    Frank said that Keith is extremely UNLIKELY to get released on bail, either with or without the $1 Million dollar bond, thus implying it’s possible but unlikely.

    In reality there is ZERO chance this judge will reverse his previous rulings and let Keith out on bail with this watered down motion, since he’s already denied bail with more substantial bail amounts offered.

    Not only that, but the judge denied those previous motions using ‘logic’ that hasn’t changed during the last few months (i.e. the judge ruled that Keith is both a flight risk and a danger to witnesses). These 2 facts haven’t changed while his fat ass has been sitting in a prison cell getting beat up by prison bullies for the last 10 months.

    *Not to mention the fact that putting up a mere $300k cash (to secure a $1 Million bond) is just ‘tip’ money for any NXIVM followers, since they’re likely to be repaid by Bronfman cash in the future should they lose such money, if Keith flees.

    Thus, the judge has no basis to reverse his previous rulings without looking like a moron and becoming the laughingstock of NY, since by doing that he’d be admitting that his previous rulings were based upon bogus logic.

    The ONLY thing Frank is correct about is the TRUE reason for this motion.

    Marc Agnifilo simply wants to put ‘pressure’ on Penza to announce the next superseding indictment and/or to get Penza to begin giving the defense more discovery material. He’s just trying to move things along. That’s the ONLY reason for this motion. Marc is not a retard. He may be greedy but he’s not a retard.

  • This incessant filing for release on bail pending trial is reminiscent of a child who asks his parent for something and is told no. The child does not accept the no and continues to ask and ask and ask in the hope of wearing their parent down until the child achieves the desired result. The difference here is that KAR is an adult and is asking the same question of a long serving member of the bench. I don’t see KAR’s wish being granted but I can imagine the Judge growing more and more irritated with each filing.

    The other thing I am wondering is how much of the legal trust is being squandered with these filings for release? It doesn’t seem fair that the funds dwindling in this when so many others are preparing for trial. KAR doesn’t seem at all concerned that the money could run out before the case gets to trial but that isn’t at all surprising since his concern is only for himself and his here and now. He is suffering being held in custody and wants that to end and to end right now with bail being granted. He isn’t looking to the long game – he can’t fathom this, may well, be his home for many years to come.

  • The Capital District, especially Clifton Park, do NOT want Keith, or his minions, among us in any way, shape or form.

    If by some slim chance this judge lets him out, and I pray to God he doesn’t, then let him stay in Brooklyn. We upstate are well rid of him and want to be rid of Nancy, Lauren and the rest.

    Christ, haven’t we had enough of this scummy bunch?

  • KA Raniere is the man who for years tortured people using the legal system.

    He told people he’d see them in jail or dead.

    Raniere plotted with Mexican NXIVM leaders Emiliano Salinas and Alejandro Alex Betancourt to have defectors falsely accused of crimes in Mexico.

    According to Kristin Keeffe, Emiliano Salinas and Keith Raniere paid off a Mexican Judge to falsely accuse and convict several women of crimes they didn’t do in Mexico. Upon entering Mexico, they’d be arrested, put in a Mexican prison, tortured until they were willing to confess to lying about Raniere and NXIVM to stop the torture. After these confusions, they would be disposed of, never to be seen or heard from again. Luckily they saw through the plot to get them into Mexico.

    Now, Raniere has the nerve to be a crybaby about spending time at the MDC to await a fair and due process trial. His time since his arrest in Mexico is far less than any legal torture he’s put anyone through.

    Raniere/NXIVM is well known for data dumping in order to complicate legal matters. All that data at Salzmans was most likely planned.

    Raniere/NXIVM also liked to drag out legal cases. How long was NXIVM vs Ross? 11+ years.

    Raniere/NXIVM likes to file motion after motion that slow down any legal process. Now he’s being a crybaby when the shoe is on the other foot.

    Raniere/NXIVM like to gang lie in legal proceedings so the truth is harder to come out.

    Hasn’t Clare Bronfman’s claiming attorney/client privileges with every attorney who ever worked with anyone of NXIVMS legal battles, procedure, legal matters or retained held up discovery?

    Isn’t she who’s gonna pay the legal fees holding up discovery?

    Now everyone wants their own trial. Those motions take time away from working on discovery.

    How about taking the 5th over 75 times in a two-hour time frame. Isn’t that holding up the truth? How many others have done that?

    Keith Raniere sure doesn’t practice what he charged others so much to take.

    Nothing in the external world can mess with your inner joy, Crybaby Jane.

    How about going to your happy place? Maybe it’s all just bullshit or you’re not evolved enough to apply your own training.

    Someone call the wambulance

    • Isn’t it ironic how God teaches lessons about these little Pharoes via their negative ways of existence reflecting upon themselves?

      They plan and God plans. But God is the best of planners.

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