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.
[…] where women were starved, branded on their groins, forced into sexual acts, and made to hand over damaging collateral, such as naked […]
You know…does Clyne have a regular job? Do any of the pro-DOS people? Wonder if this is a follow the money situation.
I suspect Clyne plans on reviving the cult. Not necessarily as its leader but definitely revive it in some form or fashion. That collateral sure would be useful in such plans.
I doubt that Nicki Clyne is the rightful owner or holder of this extortion material. It could be that Nicki Clyne only kept this material for NXIVM or Keith Alan Raniere, but did not acquire ownership of this material. If the court confiscates the property, possessions and assets of Raniere and NXIVM, then this extortion material is also part of the property and assets that must be confiscated by the court.
Can we just be done with the Covid-19 and Nicki Clyne ahem Canada you can have them both.
Have they checked Hunter Biden’s laptop for the missing collateral?
This is the first time you ever made me laugh.
I was trying to make Shadow laugh, Nice guy. I figured he might be a bit depressed since Nicki has not yet addressed him personally.
C’mon Nicki, Shadow is your biggest fan.
No joke. A laptop just gets mysteriously dropped off and never picked up from a repair center.
And the laptop just mysteriously seems to have incriminating evidence against Hunter Biden, right before the Presidential election.
FSB op? No way. It’s not like the Dirty Commie Ruskies would ever try to influence an election in the USA.
I’m looking to shy away from political stories and try to stay at the topic at hand. Thanks
I guess a white woman from Canada in a sham marriage with a woman guilty of multiple felony charges would not pique the interest of Immigration. She is huge trouble and needs to go bye-bye.
There is no evidence of the marriage being illegal, it’s exactly what the Libtards always wanted and now they have it. LOL
I am afraid I think it is more of a nonissue as to where it is than those women think because anything supposedly deleted these days is usually in tons of places from someone’s automatic back up to their cloud account from theirs to the hard drive to KR’s – it is probably in quite a few places.
I believe it has never been released and they go on about having any released any so if they now did that would be very bad so I don’t think anyone still in would release it.
The case was only won because the authorities did what they always have to do in these cases: narrow it all down to only a very very few of the best points and issues. If you do a scatter-gun approach, you lose everything.
From the very beginning I have harped on the importance of this blackmail material.
As long as it is floating around these Vow slaves are at risk of blackmail.
As long as this blackmail material exists the crimes of NXIVM are still ongoing.
From the Joe Biden case we can see how easy it is to make duplicate copies of digital files.
From Hunter Biden’s original hard drive, now in the hands of the FBI, Rudy Giuliani, Trump’s lawyer, has a copy as does the New York Post and the Delaware State Police.
And there are rumors that Steve Bannon, Trump’s political strategist, has a copy of Hunter’s hard drive.
Now it is clear that NXIVM DOS still exists.
And attorney Neil Glazer claims that Allison Mack and Lauren Salzman were editing a digital file of Sara Edmondson’s material in order to make her appear less believable.
This alleged editing took place after Raniere’s arrest but before Mack’s arrest.
Shadow, at this point, I think it’s safe to say that we are all sick and tired of Rudy and his “hard drive”.
Rudy has zero credibility now. He has literally been caught on film with his hands down his pants…how can anyone believe anything he says now?
Where is the video of Rudy with his hands down his pants, or are you thinking of Jeffrey Toobin, since he is so similar to Rudy? LOL
Scott, you must have seen the news…Rudy was reaching for his “hard drive” while reclining on a hotel bed, with a young lady in the room who he believed was a journalist…
She was actually an actress, and the movie just premiered yesterday.
Poor Rudy. Lol
I have seen the news, but not that story – that’s why I asked for a link to the video, where is it? LOL
I like Rudy, so no, not all of us are sick and tired of him. LOL
Clyne is probably not being arrested because it will likely turn out that she is cooperating with the Government. Delivery of the collateral to her attorney certainly sounds like part of a deal. Of course, she would vehemently deny this.
RE Clyne’s Attorney Holding Collateral:
I agree in part.
Clyne’s attorney holding the collateral is probably some kind of legal tactic/technicality play. Maybe leverage for a plea deal?
I and many other readers would greatly appreciate if K.R. Claviger weighed in and shared his keen perspective.
Here’s the issue: ” Holding “. Different than “withholding.”
If a subpoena was issued, and no motion to quash, and no motion to hold in contempt, there’s more going on.
As if Claviger could possibly be associated with the word “keen” in any manner. LOL
I don’t think they realize they all are tap-dancing on the edge. But none of this matters because Keith is heading for a life time in prison. If he goes to the supermax, it’s gonna be years before they hear from him.
I love the new comments on the Frank section on Frank Report!!! Nice branding of yourself, Frank!
Frank needs to turn this into a dating site for all these pretty senioritas🙏
Lots of questions and no answers. The Nxivm 5 certainly have a flair for the dramatic.
If they have evidence of prosecutorial misconduct, why not release it now via Raniere’s attorney?
The evidence of prosecutorial misconduct does not exist.
A week or two ago, someone anonymously posted about an October Surprise right before sentencing. Could this be it?????
No, the surprise is that there will be no surprise. LOL
It probably is. Drama Queens love drama.
Thank you for posting your observation and adding to the discussion.
It is obvious the collateral is still being leveraged by NXIVM handlers and everyone who is still associated with excusing KR’s crimes is compromised. The government hasn’t retrieved the blackmail material because it is still being leveraged by NXIVM and held over the slaves’ heads.
Clyne is involved in the whole collateral blackmail scheme up to her eyeballs too. Clyne is very lucky she hasn’t been charged with obstruction of justice and tampering, concealing and destroying evidence yet.
Handing the blackmail material over to her NXIVM affiliated lawyer isn’t the most responsible thing to do, going to authorities and handing over the criminal blackmail material they used to extort people to the feds is the right thing to do.
These people better start thinking about saving their own asses first or a whole lot more of them could go down together with their Vanguard and run the risk of being lumped in with an abuser like Raniere and be branded for life as lowlifes who tried to help a molester escape justice. People like Raniere and those associated with him aren’t looked kindly upon in prison by the rest of the prison population.
“Clyne is involved in the whole collateral blackmail scheme up to her eyeballs too. Clyne is very lucky she hasn’t been charged with obstruction of justice and tampering, concealing and destroying evidence yet.” Malinwah
Maybe some of the delays in sentencing are for fear of the blackmail material being released on the internet.
I doubt that [some of the delays in sentencing are for fear of the blackmail material being released on the internet[. LOL
Very much. LOL
“These people” have already thought about saving their own a$$e$, they didn’t testify in Raniere’s favor. LOL
Those that are still IN Nxivm are lying. Due to a preponderance of evidence, I think Nxivm is a RICO scam. I agree with the government. I don’t understand how N. Clyne has not been arrested, her attempts, along with her fellow travelers, to obstruct the course of justice, should require it.
“Due to a preponderance of evidence, I think Nxivm is a RICO scam.” Anonymous
I believe that many of the people who pretend to be out of NXIVM are still in the gang and waiting for the heat to cool off.
Why hasn’t she been deported? She married Allison under false pretenses.
Clearly her marriage with Allison was a sham – so why hasn’t she been deported?
If it’s so clear, then explain WhY. LOL
You do it all the time….
Why can’t anybody else do the same?
WHICH false pretenses, and how is that different than any other marriage that was done under false pretences? LOL
OMG!!!!!! This sounds like a confession of some-kind or at the very least autobiographical.
—marriages that were done under false pretenses.
Here are some suggestions as potential answers to the claims of Clyne, Hatchette, Hinojos and Haertel.
Let’s not mince words. There is every possibility that Clyne had everything handled without her having acted in the specific ways that she has denied acting, here within her statement.
Dismissed. Ssssssss Boom bah
Now as to the DOS loyalists, Hinojos and Haertel. Tsk tsk. How about it. These two were lower ranking, less authoratatively positioned slave wimmens. In other words, these two unconscientious objectors might have given, and not ever have been the recipients of any collateral. In the frikking first place.
Gotcha, Quickdraw MacRedraw. How do you like them apples? It is autumn.
Tapdancing. Ah, the Swan Song. Alas. Peel me a grape.
Shit. Authoritatively. By gum. Excuse me.
“Tapdancing. Ah, the Swan Song. Alas. Peel me a grape.” — Shivani
Is this a quote from obscure poetry? It has a familiarity to it.
Very obscure, it exists only between Shivani’s ears. LOL
The blackmail [aka collateral] material is being overblown. Everybody knows all of the claims are fake and there are so many nudie pictures on the internet that it’s one big yawn. LOL
Any more questions on why the DOJ didn’t pursue this issue? LOL
–there are so many nudie pictures on the internet that it’s one big yawn. LOL–
You have a Trumpian lack of empathy. The nudes of those DOS victims are not on internet for their family, friends, co-workers and neighbors to see.
Then they shouldn’t go looking for them. LOL
Could Michele Hatchette’s sudden statement be a victim and consequence of this hard drive?
That’s an interesting theory. Blackmailing the left over DOS slaves with the collateral to write supportive letters and witness statements to prosecutorial misconduct. They always seem have some scam up their sleeves!
Sahajo and Angelica’s letters use several of the same exact words
There are only so many words in a word salad. LOL
Willful destruction of evidence by Nicki Clyne is obstruction in the Federal system.
If Nicki pled the 5th Amendment, she cannot complain that she was not allowed to testify because SHE CHOSE not to testify because she would incriminate herself.
Clyne is an airhead actress that quit her only paying gig – a minor role on a minor cable channel.
Instead of bending over and twerking her vajayay, she should open a book and read. Hon, your body won’t last forever.
Another question would be were any of the DOS slaves’ computers confiscated and if so were they sent through forensics? Just because you delete a file doesn’t mean it’s not retrievable. Unless maybe if the hard drives were destroyed. Any info on this, Frank?
If Nikki releases the collateral, it won’t be “revenge porn.”
Although revenge porn has been against the law in New York since last year, the statute only goes after anyone who shares an “intimate image” — or photo of someone naked or exposed — without that person’s consent, according to Law & Crime.
The collateral porn was made by the victims consensually, and they consented to its release when they broke their vow.
Extortion doesn’t equal consent, which is exactly why Raniere was found guilty, and everybody else volunteered to plead guilty in the hope of getting a lesser sentence.
The DOS victims were NOT “extorted” to give their original collateral (however, they were lied to about what the “sorority” was) but they gave it willingly, and consented to have it made public if they broke their vow. Raniere wasn’t convicted for having his harpies get the original collateral.
Don’t confuse the later blackmail and/or extortion used to keep them as slaves with the original consensual collateral that was later used against them. The continued demand for more photos etc. was extortion.
The pro-NXIVM people claim they never said the collateral would be released, even if the slaves broke their vow, so how did you conclude that? LOL
It all becomes the same blackmail threat. LOL
October 22, 2020 at 8:49 pm
If Nckki releases the collateral, it won’t be “revenge porn.”
I’m responding here simply to tell you that when I read your response, I felt the blackest void of nothingness I’ve ever experienced in my life. Are you a former member?
Is it just my imagination or does that sound sinister as frack
It could be Nicki commenting. She said on Twitter she was now reading the comments on Frank Report. It could have been that you recognized that energy and you felt the trauma. I am sorry you experienced that. A warm hug to you. Nicki, Raniere, and NXVIM don’t deserve you. Best of luck
Sounds psychopathic to me, Anon 10:44. not to mention wilfully criminal.
You are completely misinterpreting the law.
See the absence emanating from the eyes of Nicki Clyne? That is a look one can note as being the facial expression which one frequently sees coming out of cows. Moooo moooo. Moo. Moo.
If you hapoen to be acquianted with any cows, that is, since most people are more familiar with grocery stores aisles than with our bovine friends. Cows seem to listen to words because they have a rather blank stare like Nicki Clyne’s. She is playing at being a truant from her very self, turning her life force over to a cause, composed of festering group madness.
The Keith-sucking Clyne and the cud-chewing cow
Are somewhat alike, yet different somehow
I think it is clear, yes it’s very clear now
It’s the intelligent look on the face of the cow
Somebody is lying. I place my bet on the lead twerker being “ethical”: i.e., lying.
Cut and pasted from “Lauren Salzman on Burner Phones, Clare Bronfman, Loosey Goosey Collateral, Flight to Mexico and More of His and Her Lies,” published on the Frank Report,1/26/20:
Q: Before the defendant left for Mexico that second time, did you have an opportunity to observe him?
A: I did, yes.
Q: And what did he do before he left for Mexico?
A: I went to see him at 21 Oregon where he was living at the time and he — or he had lived, and he was backing up his devices. And he left some things behind, some money and some letters and some — possibly other things, but I knew specifically about the money and the letters.
Q: Was there anything else that he did with respect to his electronic devices at that time?
A: Yes. He had Nicki [Clyne] forward him from one email account to another email account a number of naked pictures and collaterals.
Q: Which account to which account?
A: I had heard from Nicki that there was an account that — she called it the Stevie account. I’m not sure of the address on it, but that’s what she referred to it as. And she forwarded them from that account to Keith’s Yahoo! mail account. She was sharing this because she was concerned about it because she felt it was a breach of security, and the idea had always been those things really need to be locked down and not made public. But he instructed her to do it and she did it.
Perhaps Nicki can clear up any misperceptions in this testimony.
Wow, great find!!
I think she has, by referring to such a possibility as an “utter fabrication’, which describes practically everything N.Clyne has said and will say.
One could argue that her life thus far, actor, cult member, has all been in the service and worship of ‘Utter Fabrication’
Frank, I’ve only perused your posting and agree With you that all victims would like to know the status and location of the collateral. And it’s important to do so.
That being said, my first blush response to this is that the government’s main goal was to convict Vanguard. I’m thinking they felt they didn’t need that in order to complete their mission of winning the case.
Crosshairs squarely one the Vanguard.
I’m open. Tell me what’s wrong with my logic!
Great job, as usual, Frank. Big days ahead.
Let’s get together for some trail mix.
VIVA EXECUTIVE SUCCESS!
Well, that’s tit for tat because Vanguard’s monk-like, ethical lifestyle was also an “utter fabrication”.
If India Oxenberg confirms what Nicki Clyne told her, that she has given the collateral to her lawyer, it will be true. For India Oxenberg, there is no reason to lie about this matter.
1. It’s obstruction of Justice if she had them destroy evidence and of consolidated it and essentially hid it from the government. She wants immunity in exchange for it and they likely are not interested in immunity because there are charges coming her way.
2. Her attorney said she would plead the 5th on any questions about where the docs are. Logically, if it’s a total fabrication, then why take the 5th?
You’re conflating two separate issues. LOL
It doesn’t matter what the particular means were, ordering destruction of evidence to impede the investigation is a crime. There is an established RICO conspiracy, and it is very easy to establish Clyne’s role in it.
And from the sound of it, Michele Hatchette may have possibly lied to a federal investigator and burned a golden opportunity to keep out of this mess. Pity: I’m sure she could’ve been a great snitch if only she actually worked harder
What this means is that someone told the prosecution that Clyne was in charge of the collateral in the waning days of DOS. It doesn’t mean that whoever told this to the prosecution was telling the truth. The prosecution may have been relying on an unreliable informant.
This is direct from her lawyer: “Mr. Sapone, Esq.” to the prosecutors: “In the meantime, together with Ms. Clyne we are collecting and logging documents and other materials responsive to the subpoena.” If she didn’t have possession of the docs, what are they collecting? As to why it never happened, Sapone wanted a court to grant immunity against anything in regards to possession of these materials rather than an agreement between the two parties because precedent dictates that the government can still charge someone despite an agreement without the court’s approving the deal. The government decided to not pursue that. The only likely reason is that they intend of charging down the road or at least wanted their options open for that. Otherwise, they would have asked the court to authorize the immunity. In their view, it was not worth it to lose a shot at charging her.
Nicki Clyne is an unreliable witness.
The whole community was using a NXIVM server, yes?
Where’s the server??
Well it’s quite easy to verify: just ask Edward Sapone! If this lawyer isn’t stupid, he will just tell the truth. Of course with the fog surrounding Nxvim, we can never be 100% sure of anything.
That’s attorney/client privilege. LOL
He can not really tell the truth since it’s protected by attorney/client privilege. The only way to lift it is if Clyne waves it (she will not because it will incriminate her), the prosecution proves that the attorney is a part of the crime (it’s not likely, and very rare attorneys will go after each other for this since privilege is fairly sacred), or a judge orders it lifted and protects the attorney against future civil retaliation (again, very rare a judge will do this, because privilege is a sacred tenet of law).
Well, it’s clear the only one left in the story with information about the drives is India Oxinberg to tell the DOJ.
Who else was in the loop about the download of the DOS files by Cylne onto the hard drives, destroying your own files, and turning the materials over to Clyne’s attorney.
Were not India and Nicki close buddies after Albany crumbled? Working together in that Vegetarian restaurant, all the while her mother, Catherine, was working so hard with the NXIVM 4 (Mark, Bonnie, Nippy & Sarah) to bring down NXIVM?
Just in the final moments before she got arrested, India Oxinberg woke up and left.
Catherine swore up and down her daughter was one of the DOJ’s most wanted. Catherine also said she’d rather she India in prison than with Rainier.
All ended well with India. Reunited with her mom, engaged, and a mini-doc and book deal.
Not too bad for a young woman who was so close to things going the other way. She ended up on her feet & so much better than most other tortured souls who left NXIVM.
India not only earned her trust fund back ($200,000 from what her mother reported) through her book deal and co-producing Seduced, she doesn’t have to pay any debt she owes NXIVM back or will face them in court paying hundreds of thousands in legal fees from one of their wild and crazy legal battles.
In fact, she will most like get a nice victim’s compensation package settlement and is part of the follow-up civil suit.
Viva Executive Success.
The “Viva Executive Success!” in this case is not an empty phrase, but a completely accurate description of what is here.