Imagine the shock that the 150 women who were members of DOS felt yesterday when they learned for the first time that the EDNY prosecutors have known for quite some time where all the DOS collateral is supposedly being held.
For reasons that are not entirely clear, that information was included in the government’s “Memorandum In Opposition” to the motion for a new trial that was filed earlier this week by Keith Raniere’s attorneys.
The government’s filing starts out by saying that the Raniere motion “should be summarily denied because it is untimely and meritless” – which are exactly the type of legal arguments that one would expect the government to make in these circumstances.
But by Page 4 of the 17-page document, the government train runs completely off the track in the section labeled “Facts Relevant To Raniere’s Motion”.
It’s in that section that the government reveals for the first time that all of the collateral that was ever collected from all the members of DOS is supposedly being held by Edward V. Sapone, a criminal defense attorney in New York City who specializes in “federal criminal defense and white-collar litigation”.
Prior to that filing, none of the DOS women had been told what had happened to all the collateral they had turned over to their “Master” to become a member of – and remain a member of – DOS.
Why the government chose to include that information in its latest filing is unclear.
Certainly, it would appear that the government could have made its argument that the motion for a new trial was untimely and meritless without mentioning the whereabouts of the collateral.
And the question as to why that information was included in the government’s “Memorandum In Opposition” becomes even more problematic given that Nicki Clyne – and several other former members of DOS – are now contending that the government’s claim about the whereabouts of the collateral is an “utter fabrication”.
What the Government Claims Happened to the Collateral
According to the EDNY prosecutors, they were told by some unnamed informant – who appears to be India Oxenberg – that Nicki was “in control of DOS-related materials, including collateral and other records, which were in the possession of her attorney, Edward Sapone, Esq.” This supposedly happened while the prosecutors were preparing for Keith Raniere’s trial.
More specifically, the EDNY prosecutors claim they were told 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.”
The government then goes on to explain that it served Nicki with a Grand Jury subpoena on April 9, 2019 – which was less than a month before the start of Raniere’s trial.
Per that subpoena, the government was seeking to obtain “any and all records in your 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.”
Upon being advised of the subpoena, Edward Sapone immediately notified the prosecutors that if Nicki were called to testify before the Grand Jury, she would refuse to answer any questions by invoking her Fifth Amendment right against self-incrimination.
According to the government, Sapone also requested that he be provided with a letter granting Clyne act-of-production immunity with respect to the production of the requested collateral and other DOS-related materials.
The government produced such a letter – which stated, in part, that “Nicole Clyne’s act of producing documents pursuant to the subpoena will be not used against her by the Office in any subsequent federal criminal proceeding, except that her act of producing those documents could be used against her in a prosecution for obstruction of justice if she intentionally takes any criminal actions with respect to the production (including, but not limited to, altering documents or intentionally withholding documents).”
On April 10, 2019, the government claims it received an email from Sapone indicating that, despite the act-of-production immunity letter, Nicki was still unwilling to appear before the Grand Jury and/or turn over the collateral and other DOS-related materials.
According to the government, it received another letter from Sapone on April 15, 2019 in which he stated 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 in which he requested that the government seek formal act-of-production immunity from the court.
The government also claims that in that same April 15th letter, Sapone also indicated that he and Nicki were in the process of “collecting and logging documents and other materials responsive to the subpoena” – and that Clyne may seek to raise “additional potential 5th Amendment arguments” in response to the subpoena.
The government concludes this section of its latest filing with the unexplained notation that it “did not seek an order of statutory act-of-immunity for Clyne and did not obtain the subpoenaed records.”
Why Has the Government Not Moved To Seize the Collateral?
While it may be arguable that the government was too busy in April 2019 getting ready for Raniere’s trial to do whatever needed to be done to retrieve all the collateral from Nicki’s attorney, there is absolutely no reason why that hasn’t been done in the intervening 16 months since Raniere’s trial was concluded.
Imagine if you’re one of the 150 women who handed over collateral – and you’ve had no idea what became of it until yesterday’s filing.
Did Raniere bring it to Mexico with him?
Does their Master still have it?
Has it all been turned over to the Feds?
Has it been sold to some third party?
Were duplicates made?
And now you find out that – at least according to the government – it’s all been held by some guy named Edward Sapone in New York City.
Then you simultaneously find out that Nicki Clyne – the woman who, according to the government, collected all the collateral on a series of thumb-drives – claims the government’s story is a total fabrication.
Now, what the hell are you supposed to think?
Clearly, someone is not telling the truth here.
But even if the government is telling the truth, the question remains as to why it has done nothing in the last 16 months to recover materials that could ruin the lives and reputations of 150 women.
As Desi would say, somebody’s got some ‘splainin’ to do here!
I don’t follow the news, much, on purpose (it’s all mostly bad, regardless of your perspective). Last week, I stumbled across “The Vow” on HBO, and I’ve been mesmerized, appalled, and bewildered by the scope of this whole NXIVM story and its characters. Now, fast forward to the present and to read that all that blackmail material is in the hands of an attorney working for Nicki Clyne. I simply hope for justice for these people victimized by Keith Rainere and his associates. I hope that Nicki Clyne is held accountable, too. I’m disappointed, but not surprised, that these Federal prosecutors may have mucked it up on this issue, but I hope it’s fixable. Lastly, Catherine Oxenberg, you’re an inspirational, tough woman. Lifted my spirits to see your daughter return to you! Frank, keep up the great work!
Nicki set it up so that her attorney Sapone has the blackmail and it is protected by attorney-client privilege.
For the government to retrieve the blackmail, it must give Clyne some type of immunity.
Clyne’s lawyer set it up, Clyne isn’t that bright. LOL
So much news, what with KR’s jail interview, Ivy pointing out that his latest court motion was denied, news everywhere, except for here?
I may have news to trump it all – stay tuned
Haven’t you all figured out yet that Nicki might just be playing the two-faced game? She’s the one whose photo conveniently gave away the location of Raniere in Mexico. She’s the one upfront and center digging an even bigger hole for Raniere leading this whack anti-prosecutorial movement. She’s the one married to Ally Whack illegally. And, most important of all, she controlled the collateral when shit hit the fan, and she’s a major inner circle member who was never charged with anything or involved in the trial at all.
Hell hath no fury like a woman scorned.
Where is the statement regarding/from the beloved Prefect? The power of the Queen of EMs who had the amazing power to pull these people through their etthical conundrum?
So, I guess these true believers always laughed at her pretensions or delusions of grandeur?
“I watched an actor transform from an unrecognizable, insecure wilted being into the award-winning star they were, the second a fan was placed in front of them. It was fascinating”.
Which actor was that Sultan/Daxie?
Here’s a quote from India Oxenberg in the current Daily Mail, from an article about Raniere’s impending doomsday, accompanied by footage of the great linebacker and cottonmouth capturer, #25 himself, Frank Parlato.
India is quoted saying about Allison Mack and DOS specifically:
“It was an abusive dynamic just by the sheer fact that she had control over me. She did it strategically. She knew I was in a vulnerable place in my life, and I was desperate for something, and she targeted me for that.”
I will gladly pay you Tuesday for a Wimpy today. Whatever happened to give me liberty or give me death, eh?
The acts committed to prevent the release of the collateral were obviously worse than the release of said collateral.
The only conclusion is they wanted to do what they did.
“Prosecutors Leave DOS Victims in Limbo – Why?” Because your fake concern is overblown. LOL
There is nudity all over the internet and everyone knows the letters accusing others of various crimes are fake, too. LOL
A better question is why are YOU not concerned about the millions of people being scammed by Amway and other MLM scams? LOL
I think it doesn’t matter if you want your “assurance” for one person or it can go online where you’re happy and unhappy to see it.
“Prosecutors leave DOS victims in Limbos – why? Because your fake concern is overblown. LOL”
I’d be worried if I were the victims. I don’t lump internet pornography and prostitution with the case of psychologically confused and manipulated women.
I would be concerned if I were a victim, too. LOL
However, what law is being broken by holding it or putting it online? LOl
LOL, do you have porn and pornographic material on the Internet? Where can I find it? Publish a recent photo of yourself, and no baby photos, so I can recognize you. It’s best if you give the link to your porn right away, then I won’t have to search.
I don’t have that kind of page. I wrote the comment to express my empathy.
—A better question is why are YOU not concerned about the millions of people being scammed by Amway and other MLM scams?
Scott, You can’t lead lemmings away from the sea nor lead them away from get-rich-quick schemes.
BTW: Amway never committed the crime of sex trafficking. Unless, of course, you have a personal experience with an Amway IBO leader you’d like to share.
NiceGuy 666, you can educate people, which includes the general population, the media, and the government – and this government official is on the right track: https://www.ftc.gov/system/files/documents/public_statements/1581726/phillips_-_dsa_remarks_10-15-20.pdf LOL
Is sex trafficking the only crime possible? LOL
Amway won its day in court against the DOJ.
Therefore is has been absolved of criminal wrongdoing.
Go find another corporation [to] harass.
Are you a Ralph Nader or Bernie Sanders supporter. Is capitalism wrong? Making money is wrong?
Go move to Commie China!
“ Prior to that filing, none of the DOS women had been told what had happened to all the collateral they had turned over to their “Master” to become a member of – and remain a member of – DOS.
Why the government chose to include that information in its latest filing is unclear.”
By including this information, doesn’t it point to any letter or testimony on behalf of KR, invalid, a product of blackmail as long as collateral is in Nicki’s possession, or any high ranking member?
If she were to hold the blackmail material, and organize others to do Keith’s bidding, wouldn’t that be enough to put her on trial?
Does this odd inclusion by the government mean that any person who has collateral over them, cannot make statements taken as fact, nor their actions in pursuit of “justice” for KR?
If collateral is with her lawyer, can it be retrieved by her or anyone she designates or is he required to hold it until the court decides how to address it further?
When India left, those who stayed might have altered circumstances that she was privy to. That would be the smart thing to do.
Here you point out the very elements consistently rendering how easy it is to demolish irrelevancies.
This softshoe baloney can be stomped by one singular flamenco move. This is mental aikido. All too easily AVAILABLE to deflect.
Makes a lot of sense. I just figured the prosecution didn’t care about the DOS woman and that still may be true but this adds a more important layer as to why this was included.
Great!!!! Great piece of journalism!
—Even if the government is telling the truth, the question remains as to why it has done nothing in the last 16 months to recover materials that could ruin the lives and reputations of 150 women.
Would you and Frank consider contacting the New York Post or New York Times regarding the collateral of the 150 women?
I imagine Frank has the journalistic capital and contacts to get the important and dire information regarding the women’s capital. This story is a major news story. This news regarding the collateral of all these women is a front-page story.
Yes, but Claviger is supposed to be a lawyer. LOL
Unfortunately, Scott, you’re mistaken; unlike someone [you] know oh-so-well, hardworking and intelligent people can have more than one career path. Claviger is such a person.
Scott, there is one concept, one lesson, you should have learned from Frank Parlato. The lesson is [you] define yourself. Frank has defined himself via his work ethic, as well as his tenacity in the face of adversity.
Great comment, Nice Guy
Claviger needs to focus on one “career path,” because she isn’t doing either one of them very well. LOL
….And you need to start a career path.
If this is all an utter fabrication as per Clyne, why would she need to plead the 5th in the first place and why would she seek immunity?
Seems like apologist behavior from this site to make the prosecutors look like “the bad guys.”
The collateral is held as they understood by Sapone as whatever collateral Nicki Clyne possessed was turned over whether or not she gathered collateral from others. Either way, the government clearly did not need that evidence to enforce its case.
As for the victims, well, were they underage? Possessing photos or documents that could have already easily been copied and digitized and that someone willingly gave isn’t actually a crime or part of the case.
My point exactly…You just said it a lot better!
You’re welcome. LOL
One DOS slave was from the UK so if they had any info/collateral that identifies them then, unless permission has been expressly given, the US has to follow GDPR since it was first introduced since May 2018.
I believe GDPR applies to companies. In this case, the burden of complying with the GDPR would fall with the person who transacted business with the EU person.
It applies to all organizations who handle EU personal data including the US Government.
Since when has the U.S. had to follow EU laws? LOL
I haven’t checked lately, but the latest news is the Colonies declared independence in 1776 and eventually became the U.S. LOL
Maybe they think their job is done after winning the conviction or Ranaire.
I can’t think of any other reason .
Anyone have any thoughts on this ?
Yes, and I posted them. LOL
The victims of DOS are mainly women of color, immigrant women. Nobody cares about them. Nobody is making any scandal that their collateral is still missing. Keith and Clare preyed on people who they thought would not fight back. Nobody is outraged. The victims have no power. Nobody is fighting for therm. The government doesn’t care. The government never cared until the story appeared in the New York Times. Right now, nah…
It’s all Trump, he’s the racist one running the show. LOL
In fact, he probably has all the blackmail/collateral porn and looks at it between rallies, no wonder he has so much energy. LOL
Well, at least Sapone makes no secret of his white-collar business. I looked at his website today, and that’s what I was confronted with. All governments consider people to be nondescript — at least that’s what the facts show. But the need for a defender specializing in “white collar” cases not to give a specific opinion on such a case is suspicious enough.
It also clearly shows the mud that Sapone instructed Nicki not to testify without her defense attorneys. Nicki’s immunity from the government proves her cooperation, and that’s why I don’t think it’s appropriate to make an anti-prosecution case. If he belongs anywhere, he’ll take it. It’s either here or there. It’s fair.
Nicki’s trying to save her ass and she thinks she’s outing justice. Don’t be right. I’d be happier because my faith in people wouldn’t prove it again.
In fact, some of the blackmail material has already been released after being edited by Allison Mack and Lauren Salzman.
“792. In fact, at least one DOS member’s collateral was released in retaliation for her speaking out against Defendants, NXIVM and DOS. That collateral had been edited by Lauren Salzman and Allison Mack, at Raniere s direction, to make it appear as if the DOS “ slave” had asked to be branded. Indeed, Raniere directed the branding ceremony to include the recitation of a statement that Raniere told Defendant Mack would create the appearance that the brandings were consensual.”
Pages 145 and 146
I understand that video wasn’t very good quality, so I don’t know whether that counts. LOL
According to Ivy, the Motion for a new trial was denied today. Can we get the full order?
Interestingly, I don’t see Nicki’s lawyer denying he has the collateral? Or am I reading this wrong?
You’re reading it the same way I read it.
Someone has a new indictment coming, or someone is cooperating.
Somebody (Clyne) is an out of control NUTJOB (with apologies to the Nutjob who posts here, but not really). LOL
Yes, you can get the full order on Pacer.gov. LOL
Why should Nicki’s lawyer admit or deny whether he has the blackmail/collateral material? LOL
Nicki has a big MURDER ME target on her head. Because she holds the collateral, many people need her dead and I think they’re plotting this morning.
Why would anyone want to put Clyne out of her misery? LOL
After all, she is VERY entertaining – the dancing, the stupid excuses for not testifying, etc. LOL
Maybe the government can just say that they cannot comment on an ongoing investigation. Nothing to see here!
I don’t imagine that a photo of somebody’s muff would ruin someone’s life. About half of the world has a muff already. Look at that mutha of four, Kim Kardashian. Her muff started her on her life’s path. Enough of the boo hoo hoo.
The Raniere muff shots were taken voluntarily, as some kind of an intensely stupid ritual. Who in the hell GIVES collateral? Now the muff displayers are upset? What happened to free will? This is such bullshit. Get over yourselves, and if you do not want your privates on film, keep your undies on next time. Tra la la la la.
Unless the subject of the photo was underage, then it is a completely different circumstance.
Why, oh why, are we still so afraid of genitals? Big deal. That is insane to me.
If some idiot tried to threaten me this way, I would remain calm, icy calm. In fact, it isn’t that difficult to tell any blackmailer to go screw him or herself. So what. Remove the salacious charge about nudity. We arrive naked. Again, so what?
If one prefers to offer no muff shots, don’t volunteer any such views. If you posed, whatever. Deal with it. The world does not need to “comfort” or protect people who made personal decisions that they now seem to regret.
It is evening to y’all perhaps, but I have spent two days listening to Jizzlane Maxwell act indignant and inconvenienced in court. Oy de la frigging vey! What a trained seal she is. The fucking baboon pig.
Sleep has been elusive, studying the court’s attempts to question her. The second day in, the fat snot almost flipped out of her gourd, with her anger slooshing out of her mouth like a termite swarm. A blight on humanity.
How can she stand herself? Huh, Nancy Salzman? Nancy, the cheaper, funkier version of Jizzlane. Talk about it, Madam Banshee. Still so nauseatingly proud of yourself? Damned fartbag!
Maxwell’s entire business life has involved selling others, whom she does not and never will own, for sex. But she has big, big amnesia. Nothing ever happened to any of the “subhumans” whom she snatched up, deceived and then helped to mangle and to rape, very possibly even to kill.
To keep my energy moving while hearing a viciously proud monster dissemble, I thank musicians everywhere. Soothe my heart and mind. Dancing has always been my number one surefire medicine. Five pounds of me have disappeared in these two days, my daughter says.
That’s the only way that I can stand listening to Maxwell, is to transform the coursing fury into different energetics, through musical responsiveness. Ride the tumult like a wild and imperturbable adventuress, a naturally, deathlessly
born surfer! Thank you, music. Thank you forever.
That stuff that the Raniere twinkies do on Fridays in front of the jailhouse is almost dancing. Dance for your almost lives! Yes, go ahead and almost dance your sorry asses out of NYC and into total anonymity. Be satisfied with that anonymity. Stop searching for a way to get into prison. You are behaving like numbskulls. Run the fuck along.
Where are you listening to Maxwell? LOL
I find that much more interesting than the NXIVM 5. LOL
It’s not directly related to the subject, but look.
How does the smartest man in the world keep losing?
OMG, OMG, OMG. Not that I’m totally shocked but I had some doubt. This is amazing news!!!
It was quite expected. LOL