On February 24th, Harvey Weinstein was found guilty of one count of criminal sexual assault – and one count of rape in the third degree – at his trial in the New York State Supreme Court in Manhattan.
He is going to be sentenced on Wednesday, March 11th – just a little more than 2 weeks after his conviction.
Meanwhile, all six of the NXIVM gangsters who were defendants in the U.S. v. Raniere Et Al case are still awaiting sentencing even though they pleaded guilty – or, in the case of NXIVM leader Keith Raniere, got convicted at trial – many months ago.
So, why does it take so much longer for sentencing to take place in the federal system than it does in the New York State system?
*****
Just How Long Has It Been?
Let’s take a look at just how long the NXIVM defendants have been waiting to be sentenced.
Nancy Salzman
On March 13, 2019, Nancy appeared in open court before U.S. District Court Judge Nicholas G. Garaufis and pleaded guilty to one count of Racketeering Conspiracy – a crime that carries a maximum penalty of 20 years.
During the course of her allocution, Nancy sobbed as she apologized for bringing her daughter, Lauren, into the NXIVM cult – and admitted that she herself had committed criminal acts.
“I want you to know I am pleading guilty because I am, in fact, guilty,” she testified. “I accept that some of the things I did were not just wrong, but sometimes criminal…I still believe that some of what we did was good,” she added.
It has been 364 days since Nancy pleaded guilty.
*****
Lauren Salzman
On March 25, 2019, Lauren slipped into federal court – and pleaded guilty in a closed hearing to one count each of Racketeering and Racketeering Conspiracy. Lauren’s plea was done “under seal” in an apparent attempt to keep her remaining co-defendants from learning about the details.
Although each of the counts to which Lauren pleaded guilty carries a maximum sentence of 20 years, she is expected to get a much lighter sentence. That’s because she was the “star witness” for the prosecution during Raniere’s trial.
It has been 352 days since Lauren pleaded guilty.
*****
Allison Mack
On April 8, 2019, Allison Mack appeared in open court before Judge Garaufis – and pleaded guilty to one count each of Racketeering and Racketeering Conspiracy.
Allison also pleaded guilty to two of the predicate acts related to the Racketeering charge: State Law Extortion – and Forced Labor.
During the course of her allocution, Allison said that she “…joined NXIVM to find purpose…I truly believed I found a group of individuals who believed as I did.” She also said “I believed Keith Raniere’s intentions were to help people. I was wrong.”
Allison was not called as a prosecution witness at Raniere’s trial – and was, in fact, maligned by several of the witnesses who did testify.
Each of the counts to which Allison pleaded guilty carries a maximum sentence of 20 years. She will not, however, face any additional time for the predicate acts to which she also pleaded guilty.
It has been 338 days since Allison pleaded guilty.
*****
Clare Bronfman
On April 19, 2019, Clare Bronfman appeared in open court before Judge Garaufis – and pleaded guilty to two minor felonies: one count of Concealing and Harboring Illegal Aliens for Financial Gain – and one count of Fraudulent Use of Another’s Identification.
Clare also agreed to forfeit $6 million in cash in lieu of having any of her properties seized for restitution.
During the course of her allocution, Clare said “I am truly remorseful. I endeavored to do good in the world and help people — however, I have made mistakes.”
It has been 327 days since Clare pleaded guilty.
*****
Kathy Russell
On April 19, 2019, Kathy Russell appeared in open court before Judge Garaufis – and pleaded guilty to one count of Visa Fraud concerning a letter that contained false information that she had written on behalf of Loretta Garza, the head of Raniere’s child-rearing experiment known as the Rainbow Cultural Garden.
During the course of her allocution, Kathy said “I know what I did was wrong. I’m very sorry for the trouble I have caused. I have compromised my own principles, and I’m going to have to live with that for the rest of my life.”
It has been 327 days since Kathy pleaded guilty.
*****
Meanwhile, Harvey Weinstein Is Having a Rough Time at Riker’s Island
As noted in an earlier post, Weinstein was transferred to the Rikers Island prison complex on March 5th. Prior to that, he had been confined at Bellevue Hospital because of chest pains and high blood pressure (He had a stent installed in his heart on March 4th).
Since arriving at Rikers Island, Weinstein has encountered several problems.
As soon as he arrived, prison officials took away the walker that he had been using because of back problems (Such devices are considered to be a potential “weapon” in most prisons).
To replace the walker, Weinstein was given a wheelchair – which apparently worked out OK except for all the places throughout the complex that are not accessible by wheelchair.
On the morning of March 8th, Weinstein sustained lacerations and an apparent concussion when he fell while trying to walk on his own.
*****
Weinstein’s Lawyers Say He Will Die in Prison if He Has to Serve More Than 5 Years
Per New York State’s sentencing guidelines, Weinstein will be facing a minimum of 5 years – and a maximum of 29 years – when he is sentenced tomorrow.
On Monday, March 9th, his attorneys submitted a filing to the court in which they indicated that any sentence that is more than 5 years will be a “de facto death sentence”.
They also warned that “The grave reality is that Mr. Weinstein may not even outlive that term,” in their letter to New York Supreme Court Justice James Burke – and asked the judge to take into consideration how Weinstein’s life had been “destroyed” and how he “lost everything” since the explosive 2017 New Yorker article by Ronan Farrow accusing him of sexual assault (I am not making this up – they actually wrote that drivel).
My guess is that Weinstein will probably be receive a sentence of 20-25 years.
*****
There’s Something Wrong With the Federal Sentencing Process
Thus far, the only explanation that’s been given for the delays in the sentencing of the NXIVM defendants is that it took extra time to complete some of their “Pre-Sentencing Reports”.
While that may be true, it’s hard to believe that any of those PSRs are any more complicated than Weinstein’s PSR.
So, why the hell is Weinstein getting sentenced within 15 days of his conviction – and some of the NXIVM criminals still don’t have sentencing dates?
The only one who hasn’t been harmed by the delayed sentencing is Raniere because every day he spends at MDC will count towards his eventual sentence.
The same is not true for the other defendants – all of whom have all been on some sort of home confinement since they were originally arraigned back in 2018.
I don’t have one ounce of sympathy for any of the NXIVM defendants – especially Clare Bronfman who just happens to have the most restrictive home confinement conditions – but this is another case where even though I’m OK with the “outcome” because of the specific people being mistreated I’m not OK with the “process” as it pertains to others.
Being on home confinement for almost 2-years – and not getting any credit for it – is just unfair.
Even if it’s happening to Clare Bronfman.
Ole Harv crying out to his fellow leftwing nut democrat buddies…..lol
Harvey Weinstein Sent Desperate Emails to Mike Bloomberg, Tim Cook, Jeff Bezos
https://variety.com/2020/biz/news/harvey-weinstein-emails-quentin-tarantino-jeff-bezos-mike-bloomberg-1203529459/
RE Weinstein sentencing and conviction:
Weinstein’s prosecution and other similar prosecutions are why Michael Jordan has a sexual consent relationship release form that is signed in front of “legal witnesses” before entering into a sexual relationship.
I believe Weinstein is 100% guilty.
The actual evidence against Weinstein and the other victim impact statements which Weinstein was not convicted is nuts.
Here is a question to ponder:
If I robbed a liquor store…and were convicted…..
……Are people outside of the trial allowed to show up and tell the court how I was the criminal who robbed them in other robberies?….and the judge will consider the other alleged victims in my sentencing without a trial to determine guilt?
Became that is what happened in this trial.
Again I believe Harvey Weinstein is a monster and a rapist; however, certain things about this trial and the conviction are completely insane.
When we as a society cross that line, where does it stop? And for whom?
Roll your eyes or be mad at me but Keith Raniere’s and Harvey Weinstein’s sentencing including the victim impact statements from victims outside of trial is Unconstitutional!!!
I have to agree with K.R. Claviger.
Harvey Weinstein sentenced to 23 years on sex crime convictions
Harvey Weinstein suggested Jennifer Aniston ‘should be killed’ over sex assault claim
Harvey Weinstein suggested that Jennifer Aniston “should be killed” upon learning that the National Enquirer was planning to report he sexually assaulted her, court papers revealed Tuesday.
https://pagesix.com/2020/03/10/harvey-weinstein-suggested-jennifer-aniston-should-be-killed-over-sex-assault-claim/
Can you explain why it is taking so long for Frank to have his day in court? He was indicted back in November of 2015, his superseding indictment was back in March or May of 2018. How can all of those Nxivm criminals with that mountain of evidence to sort through, Roger Stone, Michael Cohen, Felicity Huffman, etc. all have had their trials and in all but the Nx case, be sentenced already while Frank won’t get to his trial until May.
Poor thing. Is that the best you can do as character assassination of Frank? Others have come harder and failed only because of the truth, explained in great and copious detail on this Report. Frank shouldn’t have a trial – its both mendacious and vexatious litigation as per nxivm protocols, subsequently Raniere and Bronfman’s legal spite won’t amount to much. This may be hard for you to learn but Nxivm has been proven to be a straightforward Racketeering enterprise, all that thin esoterica couldn’t cover up or disguise the facts, as uncovered, mostly, here on the FR, thanks to Frank.
There have been a variety of delays caused by both sides, and of course the court’s prior commitments to other cases.
Another WB star flames out.
Amanda Bynes ordered into psychiatric facility
Amanda Bynes has been ordered to check into a psychiatric facility after meeting with a judge over her conservatorship case amid her split from fiancé Paul Michael, according to multiple reports.
A source close to the situation told The Blast that a secret court hearing was held last Thursday, involving both Bynes’ parents and Michael.
Bynes’ parents — who have been her conservators since the actress entered rehab years ago for drug addiction and mental health issues — weren’t legally permitting her to marry Michael.
Bynes, 33, reportedly agreed to enter the facility at the time but is now refusing to go. Apparently, she was supposed to check into a live-in facility over the weekend but never followed through and is now refusing to cooperate.
The “She’s the Man” star and Michael broke up just weeks after announcing their engagement.
https://pagesix.com/2020/03/09/amanda-bynes-ordered-into-psychiatric-facility/
I’ve never heard of her or the show. I guess we can conclude the world has been put “on notice” about her but didn’t notice.
Any news that demonstrates the depravity of Hollyweird and its denizens is useful news.
The next #metoo accusation.
Corey Feldman comes out and claims Corey Haim accused Charlie Sheen of raping him when Haim was 13 and Sheen was 19.
Sheen denies the accusation.
From People Magazine
Corey Feldman Accuses Charlie Sheen of Sexually Assaulting Corey Haim, Sheen Calls Allegation ‘Sick’
Corey Feldman alleged Charlie Sheen sexually assaulted Corey Haim in his new documentary (My) Truth: The Rape of Two Coreys
Corey Feldman has named the man who he alleges sexually assaulted his friend Corey Haim as a child, as well as those he says abused Feldman himself.
In his new documentary (My) Truth: The Rape of Two Coreys, which premiered in Los Angeles on Monday, Feldman, 48, alleged that Haim told him that Charlie Sheen raped Haim on set of the 1986 film Lucas. At the time Sheen was 19 and Haim, who died at the age of 38 in 2010, was 13.
https://people.com/movies/corey-haim-accuses-charlie-sheen-molesting-corey-haim-sheen-calls-allegations-sick/
‘Being on home confinement for almost 2-years – and not getting any credit for it – is just unfair’
Or its very well balanced karma when factoring in Dani?
Fair point as regards Dani…
As I’ve stated on many occasions, I’m really not that worried about what happens to any of the NXIVM defendants. But I really don’t like policies and practices that end up with defendants being confined at home for long periods of time before they’re sentenced without receiving any credit for that time. I would give defendants the option to start serving their sentence as soon as they’re convicted – which is basically what happens to defendants like Weinstein who are remanded after a guilty verdict – or to remain on home confinement with an ankle bracelet and get a half-day credit for each day they do that.
Your thoughts?
They could get screwed if they elect to go to prison, it takes a year to sentence them, and then the judge gives them six months. Being confined at home is less restricting than being on a U.S. Navy ship at sea. You soy-boy snowflakes don’t have a clue when it comes to hardship. LOL
Yes Clav, to an unusually long confinement being factored into the ultimate sentencing, half-day credits- why not? seems just.
Of course, it would take longer to process the sentencing of a sizeable racketeering enterprise in which all the defendants participated to varying degrees with each requiring scrutiny and clarification. Weinstein’s crime involved less organization and definitely less paperwork!
Why didn’t they immediately start working on the Pre-Sentencing Reports for the five defendants who pleaded guilty back in 2018? Had they done so, they could have all been sentenced as soon as Raniere’s trial was over.
I agree it feels like moving through treacle atm but there is a certain poetic justice in the way due process is converging with the truth of the timescales of the long drawn out torments of the nxivm racket. Victims lost entire lifetimes if not decades. C. Bronfman is unlikely to be treated fairly at sentencing by all accounts, so as much curtailment of her freedoms has always been, well something at least, plus she can run every day, open her windows and breathe communicate with whoever she wants. She lives in an F. Scott Fitzgerald novel of which this sordid episode is merely a chapter.
How do you know they didn’t start the reports in 2018? Perhaps they started the reports and then held onto them pending the results of the trial, assuming the five were being cooperative with the prosecution. What if Salzman took the stand and it was shown she lied? Wouldn’t that have an impact on any deal she cut?
One reason it takes longer in the federal system is because you serve all/most of your sentence. With state sentences, you generally serve a small fraction of your sentence, such as this former Amway Diamond dirtbag: http://kellygrogers.blogspot.com/
Another reason why it’s taking so much longer for the NXIVM 6 (I can almost hear Tom Beaudette in the background, “We’ll leave the light on for ya…TWENTY FOUR SEVEN!” https://www.youtube.com/watch?v=SLqGDDMBCyc) is because Weinstein was a lone wolf, a very simple crime compared to the NXIVM tentacles, with hopefully LOTS more charges against LOTS more people coming to a courtroom near you. There’s probably been wheelin’ ‘n dealin’ going on for well over a year now. LOL
I so agree. Why is it taking so long for these people to get sentences? Not fair. Everyone I talk to agrees it’s strange.
In Weinstein’s case the the corpulent movie producer faces similar charges in Los Angeles.
From what I have read the prosecutors in New York and Los Angeles have been working very closely with one another in gathering evidence against Weinstein.
The DA in Manhattan is Cyrus Vance Junior who is the son of Jimmy Carter’s first Secretary of State.
Cyrus Roberts Vance (March 27, 1917 – January 12, 2002) was an American lawyer and United States Secretary of State under President Jimmy Carter from 1977 to 1980.[1] Prior to serving in that position he was the United States Deputy Secretary of Defense in the Johnson Administration. During the Kennedy administration he was Secretary of the Army and General Counsel of the Department of Defense[2].
He was the father of Manhattan District Attorney Cyrus Vance, Junior
Vance was the cousin (and adoptive son) of 1924 Democratic presidential nominee and lawyer John W. Davis.
Cyrus Vance Senior was also a cousin of the 1924 Democratic nominee for President.
https://en.wikipedia.org/wiki/Cyrus_Vance