The “missing” – and now somewhat redacted – Memorandum-of-Law has finally shown up on PACER. It even has a new Document Number: i.e., 580 instead of 575.
Although it’s still unclear whether the original unredacted filing was done by mistake – or to intimidate some of the potential witnesses against Keith Raniere – the filing still does not address the gaping hole in Raniere’s argument that he was entitled to an expectation of privacy at 8 Hale Drive.
Basically, Raniere’s claim boils down to these four assertions (No tangible evidence was introduced to back up any of these assertions):
(1) After the property was purchased by Executive Housing & Properties, Inc. in 2004, Raniere renovated it (There is no explanation offered as to how a man with no assets and no income could afford to pay for any renovations – and even Raniere has never claimed to have any building trades skills: e.g., carpentry, electrical, plumbing, etc.).
(2) Raniere engaged in sexual activity at 8 Hale Drive.
(3) Raniere used 8 Hale Drive as his domicile at various times over the past several years.
(4) Raniere kept his books, clothing and other personal property at 8 Hale Drive.
Raniere offers no explanation as to why he should have any rights with respect to a property that is owned by a corporation in which he has no ownership interest – and to which he has no known association.
Nor does he address the fact that the corporation in question – Executive Housing & Properties, Inc. – was dissolved almost 10 years ago.
*****
The Memorandum-Of-Law does raise several interesting questions that the prosecution will need to address – and resolve – if it hopes to be able to introduce the photographs of Jane Doe 2 at Raniere’s upcoming trial.
These include the following:
(1) Were the photographs of Jane Doe 2 included in the original Search And Seizure Warrant?
The original Search and Seizure Warrant for 8 Hale Drive was signed by United States Magistrate Judge Daniel J. Stewart of the Northern District of New York on March 26, 2018.
It permitted federal agents to search the 8 Hale Drive premises “including any locked and closed containers and closed items at that location”.
It also limited the things that could be seized to “evidence, fruits and instrumentalities of certain listed crimes occurring (on) or after January 1, 2015”.
The photographs of Jane Doe 2 were taken sometime in 2005.
When the FBI searched the hard-drive that is at issue, it did not limit its search to items that were created on or after January 1, 2015.
Had it done so, it may not have discovered the photographs of Jane Doe 2.
(2) Why did the government fail to obtain an additional search warrant for the electronic devices that were seized at 8 Hale Drive?
On October 24, 2018, the government obtained an additional search warrant with respect to the electronic devices that had been seized at Nancy Salzman’s former house at 7 Oregon Trail.
But it did not do the same with respect to the electronic devices that had been seized from the property at 8 Hale Drive.
Why did the government feel the need to obtain an additional search warrant regarding the electronic devices it seized at 7 Oregon Trail but not do the same with respect to the electronic devices it seized at 8 Hale Drive?
(3) Are the photographs of Jane Doe 2 related to the NXIVM/ESP criminal enterprise?
The defense successfully moved to have the possession of child pornography charge against Raniere – which was added via the second superseding indictment – dismissed and severed from the current case.
One of the arguments the defense raised in its motion was that “there is no role that these unreviewed photographs could possibly have in the affairs of the enterprise.”
Although the court granted the motion to dismiss and sever, it did so on the basis that the alleged child pornography possession did not occur in the Eastern District of New York.
Thus, the issue of whether the charge has any link to the NXIVM/ESP criminal enterprise was not addressed by the court.
*****
One other piece of information that was in the Memorandum-Of-Law – and that Frank Report has previously reported on – is that there were 12 subfolders in the “Studies” subfolder on the backup hard-drive.
Each of those 12 subfolders contained “numerous sexually explicit photographs” of different women with whom Raniere had sexual relationships.
All of the photographs were taken sometime in 2005.
Three of the subfolders contained photographs of Jane Doe 2, Lauren Salzman and Kathy Russell.
Which, of course, leaves us wondering as to the names of the nine women whose “sexually explicit photographs” were in the other subfolders.
Hmm…2005?
I wonder who that might that have been?
Any guesses, Frank Report readers?
Frank Parlato 
Janine Morrison 
J.J. O'Hara 
Richard Luthmann 
Marie White 
Paul Serran
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[…] this week, Frank Report featured a post about Keith Raniere’s most recent attempt to keep the jury from learning about – and quite possibly seeing – the pornographic […]
[…] this week, Frank Report featured a post about Keith Raniere’s most recent attempt to keep the jury from learning about – and quite possibly seeing – the pornographic […]
[…] this week, Frank Report featured a post about Keith Raniere’s most recent attempt to keep the jury from learning about – and quite possibly seeing – the pornographic […]
Since you asked, I guess it’s ok to post this information. Here are some of the other women featured in the sexually explicit photos from 2005: Kristin Keefe, Karen Unterreiner, Robyn Casper, Barbara Bouchey, Pamela Cafritz, Brooke Wilson.
Did the renovations have a permit with KARs name on it?
How can he claim he did the the renovations?
Where’s the lease that gave him permission to use the property?
Who allowed him to use it for free?
Was it a gift?
Why didn’t he claim it on his taxes?
Who paid for the renovations?
If it was used for business, why did he have 24 hour access to the building?
It was zoned residential, not business property?
Was it a part time porn studio?
So many unknowns about 8 Hale Drive
“1) After the property was purchased by Executive Housing & Properties, Inc. in 2004, Raniere renovated it (There is no explanation offered as to how a man with no assets and no income could afford to pay for any renovations – and even Raniere has never claimed to have any building trades skills: e.g., carpentry, electrical, plumbing, etc.).”
If the world’s smartest man was in charge of the renovations, no wonder the hot tub fell through the ceiling.
It’s just like Raniere’s clothing, the renovations just “appeared.” The worst thing about the hottub failure is it didn’t fall through the ceiling while Raniere was in it.
Scott – Or under it. 🤕
Could be any unlucky girl, even the ones who “wised up” and got out. It appears that Keith was so horny that the crack of dawn wasn’t safe.
The crack of dawn was probably the safest time of day, as Raniere stayed up late at night and slept all day.
lol Jared very funny
In the computer trespassing case that NXIVM did with its enemies, how did they get away with using the child porn they found on John’s computer for his charges? Was the search warrant specific to dive into his computer for that?
I still think NXIVM planted the porn on John’s computer in the first place. That’s just my opinion
🤣
The 🤣 was @ Jarhead — not you, Anony.
While I’m here, IMO, NX planted the kiddie porn on John Tigue’s puter at his home before and knowing it would be and was confiscated. I was at John’s home, at his puter, observed how vulnerable he was and he knew it but never thought they’d go that far w/o being caught at it. He was in for a shock, we all were. At that time, we had no clue they had child porn to plant. They do, obviously, and that’s one of the things they do with it — plant it to extort or set-up “enemies.”
I wouldn’t have believed it and didn’t until they tried to do it to me.
The photo’s and videos are in good hands. Anyhow, KK is 36 so who the fuck cares if she is a slut. This whole circus is a disappointment to the public. Kar is buried in deepshit and probably will suicide himself. The cult will live on, thanks to the feds.
“The cult will live on, thanks to the feds.”
Thanks to the Feds, the Democratic Party and the Mexicans.
Viva Executive Success!
Gina passed before 2005, thank God. I do fear these pics may only be some stray “back-ups” with other years erased, however. I have a good idea who else may be in the pics.
How humiliating for these girls and, especially, the middle-aged women like Kathy Russell — already nearly 50 yrs. old in 2005.
How can anyone doubt that this was blackmail material to hold over the ladies’ heads, especially if the posed pics were collected in the same year KAR illegally, deliberately de-virginized the 15 yr. old underage Fernandez sister being groomed for him?
Must be difficult to get a face shot in with genitals. Especially in a selfie. And find bad ass chicks “willing” to do that in case taking those pics of underage chicks turns out to be nearly as illegal as fucking them.
Girls By Design sure tried, though, with that “Sexy 7” contest offer to win a free camera by sending in pics of yourself like that 12 yr old girl who wrote in to Kendra Voth and Kristin Kruek did. That was, what, in ‘08?
And that all occurred in the NDNY, Northern District, too.
If NDNY and/or the State don’t bring charges, especially with Court already ruling the evidence omitted as to jurisdiction, I fear Raniere will have grounds for appeal if now admitted in this court which cannot, anyway, rule on something that didn’t happen in its district — such as all the statuatory sex crimes on the underaged children.
Which, I’m sorry, is exactly what this is about in reality at its core.
Kristin Kreuk’s nude pics must be there. I am sure.
—Even though she didn’t join the cult till a year later?
If any end up being HRC, it would be a scarring scene just to see them.
Other guess might be a Mexican slave girl? Or is that the Jane Dough #2?
The house matches the activities inside. That’s a remarkably ugly house.
VillageDiane,
You are such a snob……
…..just kidding.
Nicki clyne, THe guy has no taste
Clyne’s one of the few whose nose doesn’t cross counties. Allie & Lauren’s beaks are reason enough to prosecute in both jurisdictions.
OMG, Anonymous everyone knows women with the largest beaks perform the best blumpkins.
Krclaviger,
What is the address that Keith Raniere uses for his United States passport?
He receives no mail, no bills, has no drivers license, pays no rent and he has no lease to the property in his name.
Is the passport address important and is the passport address enough to show his residency and afford Keith Raniere the expectation of privacy?
Interesting Fourth Amendment question…..
Krclaviger as always thank you for the insightful legal analysis analysis and and your time spent keeping us all informed.
I’m not sure what address he used for his passport – but I’m sure the prosecution will look into that. My guess would be 3 Flintlock Lane.
I don’t think the address on his passport will be conclusive on the issue but it might be a factor. But if it is 8 Hale Drive, I would have thought Agnifilo would have mentioned that in his filing.
The additional evidence is felonious in nature.
Example:
If the FBI, during the execution of the search warrant for 8 Hale Drive, had found a dead body in an unrelated criminal case, the FBI would not have to ignore the dead body.
Raniere received no mail, had no bills in his name, did not have a driver license with that address.
******
Krclaviger,
What did he use as the address for his passport? Maybe he does have an argument.
They might not be able to ignore a dead body – but some sorts of evidence regarding the death, and who might be responsible if it’s a homicide, might still be excluded.
I’d like to know if the issue with the search warrant and the hard drives is an egregious problem, or just the sort of thing that often comes up and is dealt with. Did the investigators and the prosecution really err, or was there some reasonable basis for their operating on the assumption that the warrant did in fact somehow cover the old hard drive?
And I think that this does show that in a case like this, which is large and complex to begin with, the defense’s strategy is in part to use their enormous resources to leverage that complexity to find and try to exploit the inevitable human errors made – and possibly even force the prosecution into making new ones, as well.
Maybe we should ask the sultan.
The 2005 photographs could be used for 2015 and later DOS collateral purposes, so I think they will be allowed to be used by the DOJ.
I think the usual suspects are in the other nine folders, including Barb, Jeske, Cafritz, and others in and out of the NXIVM 9.