MK10ART's painting of a happy Clare Bronfman.

Lawyer: Clare Bronfman Plea Deal Is ‘Not a Great Day for Justice’; But People Should Stop Being Afraid of Retribution from C.B.

  She’s Stupid – But Not That Stupid By A Lawyer Who Knows the Case For purposes of understanding Clare Bronfman’s plea deal in the context of the criminal case, permit me to share my observations. To begin with, I don’t think her plea deal was a great day for justice. I truly wish she […]

 

She’s Stupid – But Not That Stupid

By A Lawyer Who Knows the Case

For purposes of understanding Clare Bronfman’s plea deal in the context of the criminal case, permit me to share my observations.

To begin with, I don’t think her plea deal was a great day for justice. I truly wish she had been required to plead to a racketeering count.  I disagree with the apparent terms of this deal.

First, as to restitution, Clare is only responsible for paying restitution to the identified subjects of the charged offenses. Or, to put it another way, those persons who were harmed as “a direct and proximate cause of the charged offenses.”

[That means, in Clare’s case, the estate of Pamela Cafritz and the Jane Doe who Clare lied about regarding her salary on a visa application – the latter’s restitution is capped at $96,605.25. Clare will also pay a fine of $6 million to the government which, of course, will not go to victims.]

The government’s position is that, even for a racketeering charge, restitution is only available for the identified subjects of the particular defendant’s charged predicate racketeering acts.

Not sure I fully agree, but it is a complicated area.  I think broader restitution arguments could be made for some or all of the defendants, but criminal restitution is a very narrow area and is very likely one of the reasons 18 USC 1595 grants an express right of action for victims of peonage, forced labor, and human trafficking offenses.

Most of what people might expect to see in this case is simply not going to be there.  I’ve seen cases where child exploitation victims were awarded as little as $1,800 – the commercial value of the number of images the government could prove were distributed.  I’ve seen forced labor cases where the victims were awarded minimum wage, or the difference between what they were paid and what they should have been paid had they been paid minimum wage.  Personal injury damages are never awarded in criminal restitution.  Medical expenses may or may not be.  Lost earnings, almost never.  There have been racketeering cases where some of the charges involved law enforcement officers shot in the line of duty – and the courts denied them all their lost future earnings even when they were permanently disabled or killed.

Clare Bronfman has no non-prosecution agreement with any prosecutor’s office. This is important for people to understand: The investigation is still ongoing. Charges have been referred to the US Attorney’s Office for the Northern District of New York, which presumably is waiting for the conclusion of this trial to start making presentations to a grand jury, and Clare has no guarantees or promises and likely plenty of exposure in other areas of investigation.

I have not seen the plea agreement but I do not believe there is any cooperation component. This offers some insight into the balancing act both the prosecutors and Clare Bronfman’s lawyers had to undertake: She may not testify against Raniere at trial, but she has no guarantees that she won’t be charged later for other offenses.  And the court may take into account her lack of cooperation in sentencing her.

Because Raniere’s name appears in virtually every paragraph of the charges, people can probably expect that evidence regarding Clare’s conduct will be put on as part of the prosecution’s case against Raniere.

For all we know, the prosecutors for the US Attorney’s Office for the Eastern District of New York may have felt they didn’t need Clare’s testimony or that it would make the trial more complicated.  There are risks in every jury trial. Prosecutors sometimes make decisions based on issues of proof, and here we have the mastermind Raniere going to trial.

Some people seem to have expected too much.  Clare was not the subject of all that many charges or charged racketeering acts.  My initial prediction as to what her plea deal would include was somewhat off because it was based on a fairly expansive/aggressive reading of the indictment and sentencing guidelines.  Three to four years may have been a realistic expectation, but Allison’s and Lauren’s underlying racketeering acts were far more serious than Clare’s and look at their guidelines ranges.

I believe that as of right now it is highly likely Raniere will be going to trial.  I see little possibility of a deal for him.

The DOJ changed its policy in the late 2000s to stop demanding privilege waivers as a condition of cooperation agreements and plea deals.  This change in policy was due to widespread abuses by DOJ.

Sooner or later, the plea agreements of Clare Bronfman, Allison Mack, Lauren Salzman, Nancy Salzman, and Kathy Russell will most likely be unsealed and made part of the public record.  I don’t think the defendants can be sentenced without the plea agreements being made public.

People also need to know this:  People should stop being afraid of retribution from Clare Bronfman.  Simply put, it’s not happening.  First, the FBI is not taking its eyes off of Clare anytime soon.  Second, she will be going to prison, and then three years of parole.  She is not going to be engaging in any activities that could complicate her situation or get her into further trouble for a very long time to come.

This is all the more true for people who cooperated with the FBI investigation because they are protected federal witnesses. Clare may be stupid, but even she is not that stupid.

Upset as people are, Clare is going to prison for a couple of years and her exposure at trial was not really all that much more.  Whatever the government’s reasons for making trade-offs, they now have a very clean trial against Raniere.  And I do not think this trial will be the closing act for this play.

 


About the author

K.R. Claviger

13 Comments

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  • Let’s hope to God she is done suing people.

    What do you think the closing act will be?

  • Hey Frank.

    Remember when I said that Clare was only facing 3-4 years if she went to trial and got convicted?

    I totally disputed Claviger’s crappy prediction of 6-8 years. And I was RIGHT according this article.

    Remember when I said that HALF THAT TIME (24 months) is perfectly normal for a plea deal?

    Penza gave Clare EXACTLY the same type of plea deal as anybody else charged with Clare’s crimes.

    *Clare was NOT charged with the same offenses as Lauren, Nancy or Allison. Why can’t you accept that?

    You and Claviger pretty much tried to ban me and delete my posts.

    Yet this article proves I was right the whole time.

    What say you now, Frankie boy? 🙂

    Are you gonna fucken ban me for being right and rubbing your nose in it? 🙂

    I speak truth to power.

  • I still wonder if there is the possibility of retribution originating from south of the border. And I don’t mean an angry comment from Yolanda Cortez.

  • I still wonder if there is the possibility of retribution originating from south of the border. And I don’t mean an angry comment from Yolanda Cortez.

  • Since Clare’s fortune has been frittered away on frivolous law suits it might be that she has finally learned her lesson.

    If NXIVM is rebuilt it will probably be done with money from Mexico and be tightly controlled by Mexican political and business interests.

    And don’t expect any money from Raniere, a man who has little or nothing in his name.

  • Excellent article.

    Claviger, kindly bend over and attempt to kiss your own butt.

    Frank, please consider Seppuku.

    Heidi, please sell that ridiculous looking HAT.

    • Yolanda:
      Now that Allison and Lauren have agreed to rat out their NXIVM friends, including you, perhaps you should defend yourself by ratting out Allison and Lauren first.

      Allison and Lauren were planning to throw India under the bus and now they intend to throw everyone under the bus.
      The best defense is a good offense.

      Yolanda, you can either be a victim or a survivor.
      The choice is yours.
      ____________________________________________–

      Salzman & Mack: India Oxenberg to ‘take the fall’ for the sake of the mission
      According to an inside source in Brooklyn:

      Allison Mack has come back to the USA from Mexico to take control of her sex-slave pod. Following the arrest of Keith Raniere, head of the dangerous sex-trafficking NXIVM cult, Mack returned to take over where Raniere left off.

      Mack – the former Smalville star – is bent on keeping her NXIVM slaves from escaping –

      Mack – the former Smalville star – is bent on keeping her NXIVM slaves from escaping –

      https://frankreport.com/2018/04/17/salzman-mack-india-oxenberg-to-take-the-fall-for-the-sake-of-the-mission/

About Frank Parlato

About Frank Parlato

Frank Parlato is an investigative journalist.

His work has been cited in major publications all over the world, including The New York Times, The Daily Mail, VICE News, CNN, Fox News, Rolling Stone, People Magazine, and more.

Frank Parlato was the lead investigator and coordinating producer of Investigation Discovery's 2 hour blockbuster special 'The Lost Women of NXIVM.'

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