The government submitted its response today to the “Motion For a New Trial” that was filed earlier this week by Keith Raniere’s attorneys. Rather than waste a lot of time on a motion that will likely be summarily denied, the government focused on two points in its response: the motion is “untimely” – and it is “meritless”.
We will delve into detail about the government’s response in another post.
However, we need to address the bombshell news that was contained in today’s filing: that Nicki Clyne gathered all the collateral from the slaves – told them to destroy the collateral on their hard drives –and then turned over the gathered collateral to her attorney.
…. the government learned that after the existence of DOS became known within the Nxivm community, Clyne instructed DOS “slaves,” including Michele Hatchette and India, to transfer DOS-related digital materials, including collateral, to hard drives that Clyne provided. After the materials were saved to the hard drives, Clyne instructed the group of DOS “slaves” to delete the DOS materials from their own computers.
Months later, Clyne told India that she had given the hard drives and other DOS-related materials to Clyne’s attorney.
New Assertions Emerge Concerning What Happened to the Collateral
According to today’s filing, the government was informed during the course of its trial preparations that Nicki Clyne was in control of DOS-related materials, including all the collateral and other records.
More specifically, the government claims it was informed by some unnamed party that “after the existence of DOS became known within the Nxivm community, Clyne instructed DOS ‘slaves’, including Michele Hatchette and India (Oxenberg), to transfer DOS-related digital materials, including collateral, to hard drives that Clyne provided.”
Thereafter, the government claims that Clyne instructed the other DOS slaves to delete all the DOS-related materials – including any collateral – from their own computers. Once that was accomplished, the government says that Clyne turned over all the hard drives to her attorney, Edward Sapone.
When it attempted to subpoena Clyne to testify before the Grand Jury that was hearing evidence in the case, the government claims that Sapone indicated that she “would invoke her Fifth Amendment right against self-incrimination”.
The government also claims that Clyne declined to turn over “any and all records in (her) possession, custody or control related to ‘DOS,’ ‘the Vow,’ or ‘the Sorority,’ including but not limited to (1) audio or video recordings of Keith Raniere and DOS ‘slaves’; (2) records identifying current or former members of DOS; (3) ‘collateral’ provided by any current or former member of DOS; and (4) electronic devices containing such records.”
Instead, the government claims that it received a letter from her attorney indicating that Clyne was “asserting her act of production privilege with respect to the documents and other materials sought by the April 9, 2019 grand jury subpoena” – and requesting that the government seek formal act-of-production immunity from the Court. For some unexplained reason, the government claims that it did not seek an order of statutory act-of-production immunity for Clyne – and that it never obtained the collateral and other DOS materials.
So, as long as certain assumptions turn out to be accurate, it appears that the mystery of what happened to the collateral has been solved: it’s all in the possession of Edward Sapone.In order for that to be true, however, the following assumptions would need to be accurate:
- That all the DOS Masters downloaded all the collateral they had ever collected on hard drives provided by Nicki – and gave those hard drives to her (That would have to include Allison Mack and Lauren Salzman – both of whom were subsequently indicted for their role in DOS and other illegal activities);
- That all the DOS Masters destroyed all the collateral they had ever collected after they downloaded it on hard drives provided by Nicki – and gave those hard drives to her;
- That none of the DOS Masters made copies of any of the collateral for their own protection or future leverage options;
- That Nicki turned all the hard drives over to Edward Sapone; and
- That Nicki did not make copies of any of the collateral for her own protection or future leverage options.
Clyne Disputes the Government’s Assertions – Claims It Is “Total Fabrication”
In an exclusive interview with Frank Report, Nicki Clyne claims that the government’s assertions about her collection of the collateral and other DOS materials are “inaccurate.”
Clyne said, “The government’s assertion, which is apparently based on an unnamed source, that I handed out hard drives and collected collateral from DOS members then turned it over to my attorney never happened.”
Frank Report reached Michele Hatchette who was named as one of the slaves who allegedly gave collateral to Clyne. Hatchette also told Frank Report that what the government claimed to have happened is not true.
“I never was instructed to turn over collateral to Nicki and I never turned over the collateral. This is entirely untrue,” Hatchette said.
At Clyne’s request, two more DOS slaves sent emails to Frank Report.
The first email, from Angelica Hinojos, read: “My name is Angelica Hinojos; I was a member of DOS starting (in) September 2016. I want to make known that Nicole Clyne never asked me to upload any DOS related material, including collateral, to any hard drive. Nicole Clyne never asked me to transfer any DOS related digital materials, including collateral, to hard drives. Nicole Clyne never instructed me to delete any materials from my own computer.”
The second email is from Sahajo Haertel. She wrote, “My name is Sahajo Haertel and I was a member of DOS. Nicole Clyne has never given me a hard drive and asked me to copy DOS related materials to it, nor has she ever asked me to delete any DOS related materials from my computer.
And so, here we are just days away from the sentencing of Keith Raniere – and a major controversy has popped up regarding one of the great unsolved mysteries of the entire NXIVM saga: Where is all the collateral that was turned over by all the DOS slaves to their Masters?
For many women, that unsolved mystery is more important than the pending motion for a new trial for Keith Raniere.
For them, not a day goes by that they don’t think about the collateral they turned over – and wonder what happened to it.
Will they be embarrassed one day when some – or all – of it shows up on the internet?
Will they be forced to buy it back from whoever has possession of it in order to ensure that it never becomes public?
If we really care about the victims in this case, this is a matter that needs to get resolved as quickly as possible.
It has always bothered me that the government never issued any statement regarding the status of the collateral.
Now, it’s bothering me even more than the government has issued a story that may be totally fabricated as to what happened to it.
Why did the government not follow through – and seek an order of statutory act-of-production immunity for Clyne?
And why hasn’t the government done whatever is necessary to retrieve the collateral and other DOS-related materials from Edward Sapone if he actually has all that material in his possession?
Why would Nicki Clyne claim that the government’s tale is inaccurate? So what if she collected all the collateral – and turned it over to her attorney? Wouldn’t that be the responsible thing to do?
There are too many questions here – and not enough answers.