Court Hearing: Prosecution confirms there will be superseding indictment in March

Photo by Tom Gargiulo

There were several major developments at today’s Status Conference in the case of the U.S. v. Raniere Et Al – but like a great orchestra conductor, the presiding judge, Nicholas G. Garaufis, made it clear that the prosecution and the defense attorneys are both going to play the way he wants them to play.

The biggest news was the prosecution’s announcement that a superseding indictment will definitely be issued “…in the next few weeks”.

No more “maybes” – no more “it’s possible that”…

A superseding indictment is going to be issued sometime between now and mid-March.

Which is exactly what the Frank Report indicated was going to happen in an earlier post.

“We do intend to supersede,” U.S. attorney Moira Penza told Judge Garaufis.

Penza explained the superseding indictment is based off of an “additional piece of evidence” that has been seized. The attorney did not state whether or not this means additional defendants will be brought forward.

The indictment is to come in the “next several weeks,” according to Penza.

The prosecution also told the court that there’s not likely going to be anything in the superseding indictment that should surprise the defense attorneys – and that because the prosecution has been very liberal with regard to its discovery productions, the defense should already have most of what it will need to respond to whatever new charges are in the superseding indictment.

Although the defense attorneys are still whining about not knowing exactly what evidence the prosecution is going to use at trial, lead prosecutor, AUSA Moira Kim Penza, has, in fact, turned over copies of all the evidence that was seized from Nancy Salzman’s former home.

That’s going to make it very difficult for the defense attorneys to convince the judge that the trial should be delayed because of the superseding indictment.

That will be especially true for the about-to-no-longer-be-the-lead-dog defense attorney, Marc Agnifilo, who has been claiming that his client, Keith Raniere, wants to go to trial as soon as possible.

Agnifilo also raised the possibility that Judge Garaufis could treat whatever charges are in the superseding indictment as a separate matter – and hold a second trial just on them. The judge indicated he would do that only if it was “in the interest of justice” – but that he’ll wait to actually see what’s in the superseding indictment before considering any such action.

Meanwhile, the judge also laid out how the jury selection process will work – which is another indication that he’s planning for the trial to start, as currently scheduled, on April 29th.

So, what does all this mean?

First and foremost, at least some of the current defendants – Keith Raniere, Clare Bronfman, Allison Mack, Nancy Salzman, Lauren Salzman, and Kathy Russell – are definitely going to be facing some new charges.

Whether there will also be some new defendants named in the superseding indictment is an open question at this time – but it’s hard to see how the attorneys for any new defendants could be ready for an April 29th start date if the superseding indictment isn’t served until mid-March.

There will undoubtedly be a slew of new motions by the defense attorneys – especially on the question of what evidence the prosecution can use at the trial.

But Judge Garaufis has made it clear that he wants to keep the trial on track – and that unless the superseding indictment makes it impossible for the defense attorneys to prepare in time, the trial will start on April 29th.

A couple of side-notes:
– Raniere is rapidly deteriorating physically – and it appears that one of his fellow inmates may have stolen his glasses again because he looked like Mr. Magoo as he squinted throughout the proceeding without any glasses on today.  He was clean-shaven.  His skin appeared extremely red.

Throughout the hearing, Raniere was staring at his ex-girlfriend Toni Natalie seated in the back of the courtroom.

More on Raniere  – and an update on what’s going on with him at MDC – sometime in the next few days.

– The rest of the co-defendants all appeared very friendly with another with lots of hugs and air kisses all around. Apparently, all the rats are going down on this ship together.

– The judge noted that celebrity attorney Mark Geragos had requested permission to join Clare Bronfman’s defense team – and gave the prosecution until Friday to raise any objections it may have about him representing Clare while his daughter, Teny Geragos, serves as one of Raniere’s defense attorneys. Daddy Geragos strutted into the proceeding in his blue sharkskin suit – and preened for the media outside the courthouse.

– Later today, Allison Mack, who was dressed in a black floral outfit, with her hair pulled back in a bun, will have her Curcio hearing. If it’s open to the public, we’ll have a report on what happened at it sometime later.

The next court hearing has been scheduled for March 18.

By that time or perhaps on that date we will see the superseding indictment released.

About the author

K.R. Claviger


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  • Bravo @niceguy – kindness, curiosity and empathy is the smart approach when you don’t want the door shut in your face when trying to gain intel.

    • Sooz,

      Can you please elaborate?


      Regarding intel, as far as I can tell, Frank Parlato is the only individual on the Frankreport that has actual “intel”; and Heidi to a lesser degree.

      All of this “intel”could have been gained just by visiting the website and not wasting hours of my life commenting incessantly.


  • I recall reading in some previous NXIVM articles that the Vanguard was a weightlifter and had the physique of a wrestler. And now he’s getting beaten up in jail? I have friends who are now in their 50s who were previously weightlifters and wrestlers, but even at their age, they would still be pretty formidable in a physical confrontation. Also, most inmates won’t tangle with another inmate who they know will fight back.

  • Does anyone know if there are a list of victims anywhere? We are scowering everywhere to find our Friend who has been missing for 5 years or so from Clifton Park NY… Was totally the kind of person they would target.

    • What is that even supposed to mean? A list of victims of WHAT exactly? People who attended NXIVM classes?
      If your relative is really missing, why don’t you file a missing person’s report with the police?

      • Really? Well, let’s see… There are (allegedly) victims of rape, statutory rape, fraud, intimidation, coercion, misrepresentation, identity theft, immigration fraud, false imprisonment – not enough room here to list them all.

        I don’t think there’s any central “list” of victims, but once again, someone came here possibly looking for help and got spit on.

  • – The rest of the co-defendants all appeared very friendly with another with lots of hugs and air kisses all around. Apparently, all the rats are going down on this ship together.

    Who orchestrated this asinine spectacle of air kisses. and hugs?

    Clare Bronfman? No way, Jose.

    Nancy Salzman?
    The reincarnation of Hitler?

    The ice cold Lauren Salzman?
    Forget about it.

    Only one of the defendants could have organized this clownish farce of air kisses and hugs.
    The wicked Allison Mack.

    • Shadow –

      Don’t you think they are just hanging on to all they have left? Regardless of fault or intent, where they are must be a very lonely place,

      I think that there is only sadness and desolation to come, and no real justice for any victim.

      EXCEPT: KAR in prison for life. Yeah, that would help.

      • Orange, I agree with you and don’t think they are feigning their affection for one another. These women spent the bulk of their time together and have been separated; left on their own to wonder what’s coming next (except the Salzmans who have each other). I also agree not all victims can be satisfied through the justice system. It’s such a shame these people happily and enthusiastically followed KAR down this path and find themselves as defendants with their fate in the hands of the American justice system. I also believe they still think they have done nothing wrong and would continue following KAR. It’s so hard for people to understand- this blind faith in someone who does not have anyone’s best interest at heart but his own – but it happens time and time again.

        • Leon Festinger,

          I have enjoyed your observations over the last year. I just started commenting this last month and half.

          Do have any observations or opinions regarding Dr. Welner and the trial?

          You are not a frequent comment contributor so I am guessing you are a busy person.

          If you have time I would, and I think other commentators would appreciate, your opinion. If you do not have time or don’t want to respond I completely understand.

          Link below is to the psychiatrist article.

          • I don’t know what I can offer you niceguy but I thank you for the kind words. I enjoy reading your writing as well. Dr. Welner is a well-respected forensic psychiatrist and will offer a very measured testimony. As in any trial, all will hinge on the jury and what they believe to be the truth and in violation of the laws of the land. Scott has mentioned, and rightly so, that being in a cult is not against the law so, I expect, the prosecution has chosen Dr Welner to testify since he has a proven track record of offerering expert testimony.

        • Oh, Dr. Leon! Thank GOD you are back!!!! We missed you so much!!!!! I bet you were too busy seeing your patients. My heart is warmed once again by your presence. Please let us know what you have been working on. Miss you!!! Love you!!!

        • Dr. Leon, I agree with your sentiments, but you have a strange way of expressing yourself and your thoughts. They tend to come off as canned statements.

          • That’s an odd thing to say – I have an odd way of expressing myself and my comments come off as canned – perhaps you find fault in my being polite.

          • Leon’s writing seems canned because his writing is excellent therefore it seems artificial and “canned” to you. The guy clearly is intelligent.

          • Tex2 ,

            Leon is smart that is why I have been trying to get him to contribute more. Unfortunately anytime anyone has something intelligent or heartfelt to contribute…Tex2 has to attack them.

            Well Tex2 at least you are a consistent fuckhead….

  • The Nxium saga continued to play out in the Brooklyn Federal Courthouse this morning.

    The five female defendants seemed pleased to be together today, exchanging warm embraces and smiles. Strangely, I did not witness any contact between the Salzmans: either Nancy and Lauren are spending enough time together in Clifton Park or they are not on speaking terms. Exiting the courtroom, Lauren went left and Nancy went right. Perhaps someone can shed some light on the situation?

    Nancy noticeably turned her head away from Keith as he leaned over to make contact as she chose to not sit at the table, instead sitting in the first row between her two attorneys.

    Keith was last to enter the courtroom, wearing a short sleeve beige jumpsuit with a white long john shirt underneath. His hair was shoulder length parted in the middle, dull frizzy and dyed brown. His facial complexion is a dark ruddy tone. I would say he is wearing foundation to enhance his appearance. Keith’s natural complexion is a paler olive tone.

    After nearly a year in MDC, without exposure to any sunlight, he can be suffering from a vitamin D deficiency. That would account for the frizzy dull hair without luster and very pale pasty skin tone concealed with foundation makeup.

    Keith has evidently misplaced his eyeglasses and he was squinting. He did not smile and his co-defendants did not make eye contact with him.

    SUGGESTION: Keith, if you want to see the light of day in your lifetime, I suggest you dump the Jesus look. For a moment, I thought Charlie Manson was back. A jury will not be sympathetic. You may insult their religious beliefs. A man with a 240 IQ should have figured that out. I don’t mind sharing my observations, Keith. Maybe you are not so smart after all since you are the one sitting at the defense table while we on the other side of the room enjoy life watching you serve time at MDC.

    Clare was smiling ear to ear when Mark Geragos took his seat at the table behind Clare Bear. Mark, her Savior or just another parasite that has joined the team?

    FACT: The EDNY DOJ has a 97% success rate! Today, you ladies looked like defeated sheep being led to slaughter.

    Nancy has aged and looked very thin, poorly groomed with disheveled hair and ill-fitting clothing. My memory of her was a well dressed, put together lady. She looks tired, defeated and depressed.

    Allison Mack seems to be eating and has gained weight but she does look frightened

    Clare and Kathy are so thin they look like a size zero hangs off their body. I would guess they are about 80 pounds each. Of all the female defendants, Clare and Kathy continue to drink the full dose of Kool-Aid.

    Lauren Salzman is very thin, wearing very loose clothing and her hair had grey roots. A possible sign she has passed her prime and will not be giving birth to an avatar baby anytime soon. She also looked frightened and angry.

    I would be interested in the feedback of others that attended today’s hearing. Four eyes are better than two!

  • Thank you for the update, Krclaviger. Very informative. I am sure KAR is attempting to evoke sympathy from everyone with his squinting. Look at poor little ol me, I couldn’t hurt anyone, I can’t even see!

  • Anyone check if the judge ever took NXIVM classes ? This is all like those bad network TV movies that were on in the 70s. All found not guilty and Keith goes on to be governor of NY or centers open in every major city. Yikes!

  • Things are getting very interesting… Can’t wait to find out what will be in the superseding indictment. BTW, could Vanguard’s tomato face be due to a reaction to the hair dye? You should always do a strand test. 😠

    • Several years ago, rumors romantically linked Bill Clinton to a Canadian woman, Belinda Stronach, who is the heiress to an autoparts company. Stronach was also a Canadian Member of Parliament.

      Clinton was also linked to Belinda Stronach, a divorced Canadian heiress and divorced neighbor Julie Tauber McMahon, dubbed ‘the energizer’

    • Lol
      Peterson has yet to provide a single piece of evidence about any of his claims. He attempts to link things together, but he can’t follow through with any logical conclusions.

      Peterson seems to think that because one of the Bronfman’s (one who was never involved in NXIVM) supports the Liberal party, that this automatically means the so-called political “scandal” has some connection to NXIVM. Peterson is connecting dots that don’t even exist.

      He should really worry about his own legal problems, not about Canadian politics.

        • Yes, you’ve figured it all out Herman. Burke has been posting here since fall 2017, using the name Flowers. That makes perfect sense.

          • It certainly makes more sense than your ludicrous comments. Your pattern of comments betrays you. In other words cut the Bullshit Denny

      • “Flowers,”

        Peterson doesn’t have “legal problems.” It is like you either have a dysfunctional memory or can’t read or you are in fact Burke who repeats the same false claims over regardless of evidence that disproves his rhetoric. I don’t like to participate in Burke’s “name salad” game where he tries to post many names and make many name accusations in an attempt to obfuscate the reality that he is in fact posting on Frank Report under several aliases. However the nature of your messages in which you constantly support Burke regardless of facts that are presented just doesn’t make sense.

        Dennis Burke’s name surfaced in the NXIVM prosecution documents as under investigation. You have said in your posts that you “don’t care” but that doesn’t make sense. You don’t care about the accuracy of your statements? Burke was disciplined by the Arizona and Washington, D.C. bar associations for lawyer misconduct. Burke is under investigation by committees of the United States legislature where he refused to testify. Dennis Burke is the one with “legal problems.”

        You ought to stop making false statements. The truth matters.

        • Them take your own advice and stop making false statements about me.

          I don’t support Burke in any way at all, and I have never posted any statements saying that I do support him. Criticism of Peterson is not support of Burke, except in your illogical mind.

          Peterson obviously has legal problems….he’s attempting to sue his former business associates, correct?

      • It’s very amusing, Flowers, that you find fault in Peterson’s logic when your own is so flawed. You say HE’S connecting dots that aren’t there and yet you’re here coloring outside the lines for more than a year now. People who live in glass houses shouldn’t cast stones.

  • Great report krclaviger

    Sounds like Clare Bear is feeling the bite of justice yp her ass and needs another lawyer to help defend her from her evil deeds.

    Little Lord KAR seems too busy eating to use his technology to fix his eyesight. How many months should it take?

    Air kisses is equal to orange is the new black. What fools, they believe they are going to win their case. They won’t get to take their sashes to prison.

About the Author

Frank Parlato is an investigative journalist.

His work has been cited in hundreds of news outlets, like The New York Times, The Daily Mail, VICE News, CBS News, Fox News, New York Post, New York Daily News, Oxygen, Rolling Stone, People Magazine, The Sun, The Times of London, CBS Inside Edition, among many others in all five continents.

His work to expose and take down NXIVM is featured in books like “Captive” by Catherine Oxenberg, “Scarred” by Sarah Edmonson, “The Program” by Toni Natalie, and “NXIVM. La Secta Que Sedujo al Poder en México” by Juan Alberto Vasquez.

Parlato has been prominently featured on HBO’s docuseries “The Vow” and was the lead investigator and coordinating producer for Investigation Discovery’s “The Lost Women of NXIVM.” Parlato was also credited in the Starz docuseries "Seduced" for saving 'slave' women from being branded and escaping the sex-slave cult known as DOS.

Additionally, Parlato’s coverage of the group OneTaste, starting in 2018, helped spark an FBI investigation, which led to indictments of two of its leaders in 2023.

Parlato appeared on the Nancy Grace Show, Beyond the Headlines with Gretchen Carlson, Dr. Oz, American Greed, Dateline NBC, and NBC Nightly News with Lester Holt, where Parlato conducted the first-ever interview with Keith Raniere after his arrest. This was ironic, as many credit Parlato as one of the primary architects of his arrest and the cratering of the cult he founded.

Parlato is a consulting producer and appears in TNT's The Heiress and the Sex Cult, which premiered on May 22, 2022. Most recently, he consulted and appeared on Tubi's "Branded and Brainwashed: Inside NXIVM," which aired January, 2023.

IMDb — Frank Parlato

Contact Frank with tips or for help.
Phone / Text: (305) 783-7083