Plea Deals Just As Likely As Before Despite Dismissal Of Some Charges

MK10ART's painting of the world's most ethical man.

In an earlier post, we broke the news that the prosecution in the case of the U.S. v. Raniere Et Al has agreed to dismiss several charges.

The charges in question – and the affected parties – are as follows:
Count Three: Sexual Exploitation Of A Child – Jane Doe 2
– Keith Raniere

Count Four: Sexual Exploitation Of A Child – Jane Doe 2
– Keith Raniere

Count Five: Possession Of Child Pornography
– Keith Raniere

Count Eleven: Conspiracy To Commit Identity Theft Regarding Jane Doe 7
– Keith Raniere, Clare Bronfman & Others

In addition to streamlining the pending EDNY case, the dismissal of the listed charges all but ensures that the presiding judge, Nicholas G. Garaufis, will deny all of the pending motions to hold multiple trials, dismiss other charges, etc.

Which means that we are now pretty much in the countdown stage to the start of the trial…

*****

Let’s start by looking at what charges are still on the table for the four remaining defendants: Keith Raniere, Allison Mack, Clare Bronfman and Kathy Russell (Note: These remaining charges will likely be renumbered in a third superseding indictment that will be issued later this week).

Here’s a summary:

Count One: Racketeering Conspiracy: Keith Raniere, Clare Bronfman, Allison Mack, Kathy Russell, & Others
The pattern of activity through which the defendants, together with others, agreed to conduct and participate, directly and indirectly, in the conduct of the affairs of the Enterprise consisted of multiple acts indictable under:
– Title 18, United States Code, Section 1028 (Identification Document Fraud and Identification Document Fraud Conspiracy – and Identity Theft and Identity Theft Conspiracy);

– Title 18, United States Code, Section 1343 (Wire Fraud);

– Title 18, United States Code, Section 1512 (Obstruction of Justice – and Obstruction of Justice Conspiracy);

– Title 18, United States Code, Section 1546 (Visa Fraud);

– Title 18, United States Code, Section 1589 (Forced Labor);

– Title 18, United States Code, Section 1590 (Trafficking in Persons);

– Title 18, United States Code, Section 1591 (Sex Trafficking);

– Title 18, United States Code, Section 1592 (Document Servitude);

– Title 18, United States Code, Section 1952 (Interstate and Foreign Travel in Aid of Racketeering);

– Title 18, United States Code, Section 1956 and 1957 (Money Laundering and Money Laundering Conspiracy);

– Title 18, United States Code, Section 2251 (Child Exploitation); and

– Title 18, United States Code, Section 2252 (Possession of Child Pornography), and multiple acts involving extortion, in violation of New York Penal Law Sections 155.30(6) and 20.00.

Count Two: Racketeering
Racketeering Act One
A. Conspiracy To Commit Identity Theft Regarding Jane Doe 1: Keith Raniere & Others
B. Conspiracy To Unlawfully Possess Identification Document: Keith Raniere & Others

Racketeering Act Two
A. Sexual Exploitation Of A Child – Jane Doe 2: Keith Raniere

Racketeering Act Three
A. Sexual Exploitation Of A Child – Jane Doe 2: Keith Raniere

Racketeering Act Four
A. Possession Of Child Pornography: Keith Raniere

Racketeering Act Five
A. Conspiracy To Commit Identity Theft: Keith Raniere, Clare Bronfman & Others
B. Identity Theft Regarding John Doe 1: Keith Raniere & Others
C. Identity Theft Regarding John Doe 2: Keith Raniere, Clare Bronfman & Others

Racketeering Act Six
A. Conspiracy To Alter Records For Use In An Official Proceeding: Keith Raniere & Others

Racketeering Act Seven
A. Conspiracy To Commit Identity Theft Regarding Jane Doe 3: Keith Raniere & Others

Racketeering Act Eight
A. Money Laundering: Clare Bronfman & Others

Racketeering Act Nine
A. Trafficking Of Jane Doe 4 For Labor And Services: Keith Raniere & Others
B. Document Servitude Of Jane Done 4: Keith Raniere & Others

Racketeering Act Ten
A. State Law Extortion: Keith Raniere, Allison Mack & Others

Racketeering Act Eleven
A. Visa Fraud: Clare Bronfman & Others

Racketeering Act Twelve
A. Sex Trafficking Of Jane Doe 5: Keith Raniere, Allison Mack & Others
B. Forced Labor Of Jane Doe 5: Keith Raniere, Allison Mack & Others

Racketeering Act Thirteen
A. Forced Labor Of Jane Doe 9: Others

Racketeering Act Fourteen
A. Conspiracy To Commit Identity Theft: Keith Raniere, Clare Bronfman & Others

Count Six: Forced Labor Conspiracy: Keith Raniere, Allison Mack & Others

Count Seven: Wire Fraud Conspiracy: Keith Raniere, Allison Mack & Others

Count Eight: Sex Trafficking Conspiracy: Keith Raniere, Allison Mack & Others

Count Nine: Sex Trafficking Regarding Jane Doe 5: Keith Raniere, Allison Mack & Others

Count Ten: Attempted Sex Trafficking Regarding Jane Doe 8: Keith Raniere, Allison Mack & Others

*****

So, even with the dismissal of the four counts, all of the remaining defendants are facing two RICO charges – each of which carries a maximum sentence of 20 years.

And Raniere and Mack are facing five more charges – at least one of which carries a mandatory minimum of 10 years and a maximum of life imprisonment.

*****

The trial is scheduled to start in 4 weeks.

And the jury selection process is scheduled to start one week from tomorrow.

Things are starting to get very real for the remaining four defendants – and the pressure will continue to grow with each passing day now.

It has already been documented that both Mack and Bronfman have expressed interest in a plea deal. Whether either of them will be offered one that they’ll find acceptable remains to be seen.

It is not known if Raniere or Russell has indicated any interest in a plea deal.

But the dismissal of the four charges is not likely to have any effect whatsoever on whether any of the remaining defendants will end up taking a plea deal.

If all four of the remaining defendants end up taking plea deals – which is a distinct possibility – then it is quite possible that none of the dismissed charges will be pursued in the NDNY.

*****

One final note on the four charges that have been dismissed in the EDNY case – and that are expected to be prosecuted in the Northern District of New York (NDNY).

There is nothing that would prevent Moira Kim Penza – and the other members of her defense team – from prosecuting those charges in the NDNY because every Assistant U.S. Attorney can practice in any federal district.

While it would be unusual – and it probably won’t happen – it’s one more reason that no one should assume that those four charges are simply going away.

*****

And, finally, let’s not forget that there are still numerous state charges that could be brought against any/all of the original six defendants in the EDNY case – and scores of other high-ranking members of the NXIVM/ESP criminal enterprise (As long as the state charges do not duplicate the federal charges, there would be no issue with double jeopardy).

Such state charges could be brought by Letitia “Tish” James, the New York State Attorney General.

Although she’s only been in office for the past three months, James has already shown a willingness to get involved in cases involving crooked politicians in New York State.

And a case against the high-ranking members of the NXIVM/ESP cult – and the public officials who aided and abetted the cult’s illegal activities for almost 20 years – would certainly not hurt James’ chances of becoming the first female governor of New York State.

About the author

K.R. Claviger

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Scott Johnson
5 years ago

This is confusing:

“If all four of the remaining defendants end up taking plea deals – which is a distinct possibility – then it is quite possible that none of the dismissed charges will be pursued in the NDNY.

*****

One final note on the four charges that have been dismissed in the EDNY case – and that are expected to be prosecuted in the Northern District of New York (NDNY).”

Please explain.

Scott Johnson
5 years ago
Reply to  krclaviger

That makes more sense. Given the NDNY track record, I would prefer Moira & Co. go after NXIVM up there, or at least have a significant oversight role. Even if NDNY could be trusted, there’s a lot of “corporate knowledge” gain by Moira and her team that would be a shame to not leverage.

Kristoff
Kristoff
5 years ago
Reply to  krclaviger

Wrong again, asshole.

1) If the Feds in NDNY have already agreed to prosecute such charges (as you previously claimed) they will NOT change their decision based upon sufficiently long sentences being handed out in the EDNY case.

Why not?

…BECAUSE of future APPEALS of the EDNY sentences or verdicts. Dipshit.

2) The child porn charges will make nice news ‘headlines’ in Albany as separate charges in the NDNY case. However, not prosecuting such SERIOUS and PERVERTED charges would not make great headlines regardless of the EDNY sentences.

3) Any convictions in the NDNY will make Keith’s appellate chances twice as unlikely, as he’ll need to win 2 different sets of appeals to go free (instead of 1).

*If the NDNY does choose not to pursue those charges, it’s merely because they were never interested in pursuing those charges the first place (just like I predicted a few days ago) and NOT because of your lame brain theory about sufficiently long sentences in the EDNY trial.

Guess what?

If they don’t prosecute Keith in the NDNY then you will have EGG ON YOUR FACE for saying otherwise a few days ago. I’m not letting you off the hook with these ‘hedging’ posts, YOU LEGAL TURD.

4) Your claim that there’s NOTHING to PREVENT Moira from prosecuting Keith in the NDNY is bullshit and not true.

Why?

…BECAUSE the US Attorney for NDNY has full discretion on who would prosecute the case in their own district.

This means that Moira CANNOT ‘force’ the US Attorney for NDNY to allow her to indict and prosecute the case in the NDNY.

If that weren’t true —- then WHY THE FUCK would there even be a US Attorney for NDNY?

Dipshit. 🙂

Jess
Jess
5 years ago

Allison Mack deserves NO plea deal.

She was offered one after she was arrested, she refused.

And she wants a seperate trial from keith.

Allison has a few screws loose and she needs to go to prison the rest of her pathetic life.

shadowstate1958
5 years ago
Reply to  Jess

Jess:
The only reason that Allison Mack is even considering a plea deal is that Nancy and Lauren ratted her out on grooming children for sex.
That’s why Allison had a crying jag a few weeks ago.
She learned that Nancy and Lauren were ratting her out on everything.

And because of Nancy and Lauren the Feds now know that Clare Bronfman and Allison Mack are joined at the hip in both DOS and grooming children for sex.
That’s why Clare hired Mark Geragos, the lawyer who handled the Michael Jackson child molestation case over ten years ago.

No Plea Deals!
No Plea Deals!
No Plea Deals!

Jess
Jess
5 years ago

Shadow, Do you think Allison will take a plea deal at this point?

I watched her on Smallville and CAN’T believe she turned out this way.

I assume she made really good money with her acting career.

I have seen where her net worth was $2 million.

I also think she would take this to trial thinking that nobody will convict her.

This is mindbogling.

shadowstate1958
5 years ago
Reply to  Jess

Jess:
A logical person in Allison’s position would have struck a plea deal long ago.
I believe there are psychological reasons that will make it very difficult for Allison to plead guilty.
Allison suffers from Narcissistic Personality Disorder.
Narcissists regard themselves as perfect.
A guilty plea will be an admission of imperfection.
This link to the Mayo Clinic website describes her condition quite well.
Narcissistic personality disorder
https://www.mayoclinic.org/diseases-conditions/narcissistic-personality-disorder/symptoms-causes/syc-20366662

Somebody
Somebody
5 years ago
Reply to  Jess

Why? Why be so berating and bullying? Do you get off on that? Why criticize so sharply? It makes us think you have other deep rooted issues. Or, are you an asshole just for the sake of being an asshole? Either way, you are not someone I’d ever hang around. Pompous prick.

Somebody
Somebody
5 years ago
Reply to  Somebody

I was speaking to “Kristoff” above. Who sounds exactly like Retard aka Bangcock.

shadowstate1958
5 years ago

“The government plans to admit evidence that Bronfman, Mack, and Russell recruited and groomed sexual partners for Raniere, within and outside of DOS – and were aware of and facilitated Raniere’s sexual relationships with underage victims.”

Bronfman and Mack used their wealth and fame to facilitate the sexual abuse of children.

No Plea Deals!

If the EDNY cuts a plea deal with these two moral imbeciles, then the US DOJ has allowed wealth and fame to trump Justice. and run roughshod over the protection of children.

No Plea Deals!

And as for New York State it will do what it does best — Absolutely Nothing!

By The Way the Frank Report has been mentioned on Crazy Days and Nights by someone calling himself Shadow State (Me).
https://www.crazydaysandnights.net/2019/03/blind-items-revealed-4_91.html

Kristoff
Kristoff
5 years ago

A nice article but you still haven’t addressed the elephant in the room.

A major severance issue is still present in the EDNY trial (child porn evidence to support a racketeering count against Keith).

The other defendants have said that all such evidence may prejudice the jury against their clients. That motion has not been addressed by the judge yet.

So WHY THE FUCK would judge Garaufis not consider granting those severance motions if the child porn evidence would still be present in the EDNY trial?

Please give us a thorough answer, dipshit.

Convince me why you’re so sure the judge will deny those motions. So far, you haven’t convinced me of SHIT.

The smell of fear
The smell of fear
5 years ago
Reply to  Kristoff

‘Kristoff’
Not necessary to convince you of anything, Troll. Your feelings, like your addled thoughts, are entirely irrelevant. You are clearly about to become a major recipient of Executive Success. Many Congratulations and Viva your panicked ass!

NoisyMouse
NoisyMouse
5 years ago
Reply to  Kristoff

Is that you Marc? Markie Marc of the AgniSTEALos? A crook from a family of crooks.

Clavinger has already explained that to you 3x. Although Raniere may not be prosecuted for child porn in this case, it still shows predicate acts and HABITS that constitute ongoing criminal activities. The evidence of a Child Molestor’s sexual habits ARE EXTREMELY RELEVANT if VanCreep is on trial for sex trafficking,

Wake up. And stop complaining. You’ve already taken $7 Million of blood money. Why the attitude?

NoisyMouse
NoisyMouse
5 years ago

Albany Jesus won’t plea. No way, no how, no can do. Just like the Unabomber would not plead not guilty by reason of insanity – because it would undermine his philosophy. Same with VanConArtist. He will give it one last shot and get crushed.

It would not be double jeopardy if the State of New York files the same charges against the Defendants because the States and Federal Government are considered different sovereigns.

Anonymous
Anonymous
5 years ago
Reply to  NoisyMouse

Don’t insult Jesus.

Scott Johnson
5 years ago
Reply to  NoisyMouse

New York should spend their time, money, and effort on going after the crooked politicians and others in NXIVM who are not currently defendants.

Dr Colgate
Dr Colgate
5 years ago
Reply to  Scott Johnson

This squid has big fat tentacles that wrap around some huge names. Call me crazy, but if a sincere investigation were to occur, Hillary would be holding the bag. Her clan uses Ranieres pyschotech at the very least, but more likely is a co-conspirator in a child trafficking ring harvesting maidens and children from the southern border, using NXIVM trained high profile media and politicals to pave the way to market, which is Saudi Arabia…the only other clan that is equally sick. Commandeering NXIVM provides a company of pre “made” Capos for the Clinton Initiative/progressive mafia. The sick ass Saudi’s are the # 1 buyer.

Of course, after posting this, I will soon be suicided by doorknob hanging. These miscreants make Caligula look like a puppy dog with smiley-faced marshmallow poop. The sickest of the sick. Mark it.
Says Q

AnonyMaker
AnonyMaker
5 years ago
Reply to  NoisyMouse

That’s a good point that the Unabomber is an example to think of in comparison. I agree, I think Raniere wants to fight for his ideas in court, and believes that he will be vindicated. It’s probably also the only way he can hang on to some of his following, and position himself as a martyr (and covert victim), even if it results in his being convicted and getting a longer sentence.

Charles Manson also chose to go to trial, and to take the stand and use it as a platform for his ideas, in in case that also provides some precedents. And it looks as if Raniere will end up with some of his own loyal girls, perhaps with Kathy Russell being like Susan “Sexy Sadie” Atkins and going down with him, or at least some like Lynnette “Squeaky” Fromme and Sandra Good who will remain in the gallery of diehard loyalists.

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
Email: frankreport76@gmail.com

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