This is the last post in the series concerning the various legal claims that Keith Raniere put forth in his “Call To Action”.
Prior posts in this series may be found at:
- Claviger: Were Keith’s Legal Rights Violated? – Part I: Was He Illegally Kidnapped in Mexico, Was His Arrest in the U.S. Illegal, and /or Was He Illegally Isolated From His Family & Friends?
- Claviger: Were Keith’s Legal Rights Violated? – Part II: Did the EDNY Have Proper Jurisdiction – and/or Was the Denial of Bail Improper?
- Claviger: Were Keith’s Legal Rights Violated? – Part III: Were Domino Pleas of Co-Defendants, a RICO Charge, and a Hasty Jury Improper?
In keeping with my numbering system for this series, the questions to be addressed in this post are as follows:
Ninth, were Keith’s legal rights violated because NXIVM/ESP was described as a “Pyramid Organization”?
Tenth, were Keith’s legal rights violated because the prosecution was allowed to introduce evidence concerning the abortion history of several of his past and present partners?
Eleventh, were Keith’s legal rights violated because the defense was not allowed to introduce evidence concerning the sex life of Nicole, a purported victim of sex trafficking?
Twelfth, were Keith’s legal rights violated because there was no basis for the “Forced Labor” charge?
Thirteenth, were Keith’s legal rights violated because the prosecution was allowed to introduce evidence concerning his alleged evasion of taxes?
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Were Keith’s Legal Rights Violated Because…
NXIVM/ESP Was Described as a “Pyramid Organization”?
In his “Call To Action”, Keith claimed that he was unfairly prejudiced because NXIVM/ESP was described by prosecutors as a “pyramid organization” throughout his trial – rather than as a “company” or a “corporation”.
As Raniere described it: “I supposedly create ‘pyramid organizations’ — different from normal ‘organizations’…The implication is somehow ‘pyramid’ is improper: I am at the ‘top’ or ‘apex’, control everything unchecked, in some ‘sinister’ and unspecified way. How is ‘pyramid’ different than a restaurant, private corporation, or even the US Attorney’s office? Some will say each of these likely answer to some check and balance system so even with a small, sole proprietorship — a restaurant for example — that owner must answer to the Health Department. If it were true I created businesses wherein I answer to no one, I still, in the least, answer to the law (If I didn’t, I would not be incarcerated.)…
“This label, ‘pyramid’, is a raw conduit for hate. The prosecution believes they ‘need’ to apply this hate because it increases their chance of ‘winning’. Shouldn’t the application of hate be abhorrent? Should the prosecution even be concerned about ‘winning’? What does the application of the hate-label ‘pyramid’ have to do with the pursuit of truth? Doesn’t hate obscure the truth? Don’t I, as the defendant, deserve an approach free of hate or mockery?”
I’m not quite sure why Keith believes that there was any “hate” involved in the prosecution’s decision to describe NXIVM/ESP as a “pyramid organization”.
To begin with, the term “pyramid organization” is not a pejorative term. According to Bizfluent, “The pyramid organizational structure is a popular type of leadership used in business. It’s natural because there are far fewer leaders than workers, so when all are listed on an organizational chart, it is shaped like a pyramid”.
Is there any doubt that NXIVM/ESP fits that description?
In addition, his complaint is coming from a guy who routinely labeled anyone that disagreed with him as a “suppressive” – which is the NXIVM/ESP lexicon is pretty much the most hateful way that a person can be described.
Sorry, Keith, but if you’re pinning your hopes on getting a new trial on the fact that the prosecutors correctly labeled NXIVM/ESP as a “pyramid organization”, I think you’d be better off buying lottery tickets.
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Were Keith’s Legal Rights Violated…
Because the Prosecution Was Allowed to Introduce Evidence Concerning the Abortion History of Several of His Past and Present Partners?
In his “Call To Action”, Keith also claimed that he was unfairly prejudiced because the prosecution was allowed to introduce into evidence the abortion records of several women that he apparently impregnated.
As he explained: “The abortion records of several of my past and present partners were allowed into evidence and presented to the jury. These are confidential records of adult women voluntarily choosing this legal option. Note: abortions have nothing to do with my charges. The majority of the members of my jury stated they believe abortion is murder. This evidential allowance violates, in the least, the intent of the HIPPA [sic] laws, shames people associated with me, and generates tremendous anger, hate, and prejudice towards me, my community, and my actions”.
Although I was initially inclined to agree with Keith’s argument, my research indicates that the most recent decisions in such matters have concluded that the Fourth Amendment does not necessarily preclude the prosecution from obtaining – and utilizing as evidence – medical records that are “privately-generated and maintained”.
In addition, other recent decisions that are relevant to this issue indicate that “HIPAA expressly permits the disclosure of otherwise protected health information when it is sought via grand jury subpoena”.
I don’t know whether the prosecution in Keith’s case got the records via a grand jury subpoena but if so, then he has little chance of winning an appeal based on an alleged HIPAA violation. In addition, unless his attorneys objected to the introduction of those records during the trial, there is virtually no chance that he will be able to get a new trial based on this issue.
I think Keith’s best argument concerning this matter is that the abortion records were “extraneous evidence” in terms of the charges he was facing. And even then, he’ll have to contend with the fact that such evidence is generally admissible to show such things as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake.
All in all, I don’t think that the admission of the abortion evidence is going to be enough for Keith to get a new trial when he appeals his conviction.
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Were Keith’s Legal Rights Violated…
Because the Defense Was Not Allowed to Introduce Evidence Concerning the Sex Life of Nicole, a Purported Victim of Sex Trafficking?
In his “Call To Action”, Keith also complained that one of the women who testified against him [Nicole] with respect to the Sex Trafficking charge had an undisclosed history of sexual kinkiness and immoderation.
As he claimed: “An essential witness for the prosecution (and an alleged victim) lives a double life: On the normal, plain side, she presents herself as child-like, family loving, and innocent. On the alternative side, she has had a significant partner with an international reputation as a sexual “bad boy” with both civil and criminal challenges relating to sex. Her alleged sex trafficking experience was a self-styled enactment of a fantasy relating directly to her past, more extreme, sexual experiences. All of her alternative activities, fantasies, and proof of these things were barred from my trial. This was allegedly to ‘protect’ the prosecution’s witness, but was done at the expense of justice”.
If I read the first part of Keith’s statement correctly, he’s alleging that the witness in question had previously been involved in a sexual relationship with a guy who has “an international reputation as a sexual ‘bad boy’…” – and who has been the defendant in both civil and criminal cases involving sex-related charges.
Similarly, if I read the second part of his statement correctly, he’s alleging that this same witness’s alleged sex trafficking incident was simply the acting out of one of her sexual fantasies that was based on her prior sexual experiences.
Despite not knowing the specifics of either allegation, it’s fairly easy to conclude that neither of them is going to be a “winner” in terms of getting a new trial for Keith. That’s because Rule 412 of the Federal Rules of Evidence specifically excludes the following type of evidence in a civil or criminal proceeding that involved alleged sexual misconduct:
(1) evidence offered to prove that a victim engaged in other sexual behavior; and
(2) evidence offered to prove a victim’s sexual predisposition.
The only exceptions to those exclusions in a criminal case are as follows:
(a) evidence of specific instances of a victim’s sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence;
(b) evidence of specific instances of a victim’s sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor; and
(c) evidence whose exclusion would violate the defendant’s constitutional rights.
Given the above, I do not think that Keith will prevail in his attempt to get a new trial based on these allegations. His only hope would be to argue that the exclusion of evidence regarding the victim’s prior sexual history violated one of his Constitutional rights – and I cannot figure our which right that would be (If any Frank Report readers have suggestions for me to consider, I will be glad to re-visit this point).
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Were Keith’s Legal Rights Violated Because
There Was No Basis for the “Forced Labor” Charge?
In his “Call To Action”, Keith also complained that there was no factual basis regarding his conviction on Count 6: Forced Labor Conspiracy.
As he explained: “Firstly, the charge of forced labor. My life partner of 30 years died of cancer in November 2016. She was a prominent community leader, founder of an international women’s movement, and a beloved friend and mentor to thousands of people. The community was helping put together a memorial service for her. One person in the community, who was also in the now infamous sorority, told me she would do anything to help. She was a person to whom I had given access to as much cash as she needed to pay for things like rent, courses, and expenses incurred in traveling to and from Albany.
“Unbeknownst to me, she worked five to six hours to transcribe a video of my deceased partner for that memorial: the prosecution is calling this “forced labor”. If this person believed she should have been paid, she could have just taken the money from the cash made available to her. This “forced labor” charge, in the minimum, does not meet the “knowingness” or “coercion” elements of the crime”.
Keith sought to trivialize the forced labor charge and conviction by citing just one example of the evidence that was introduced by the prosecution to show that he and the other leaders of NXIVM/ESP often required members to provide services for no compensation or less-than-agreed-upon compensation.
18 USC §1589 provides that whoever knowingly provides or obtains the labor or services of a person by any one of – or any combination of – the following means commits the federal crime of Forced Labor:
(1) By means of force, threats of force, physical restraint, or threats of physical restraint to that person or another person;
(2) By means of serious harm or threats of serious harm to that person or another person;
(3) By means of the abuse or threatened abuse of law or legal process; or
(4) By means of any scheme, plan, or pattern intended to cause the person to believe that, if that person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint.
From a technical standpoint – which is a perfectly valid way for prosecutors to interpret statutes that proscribes certain acts – even the instance cited by Keith constitutes forced labor.
But during the course of Keith’s trial, the prosecution documented many more examples of people who were forced to provide services to NXIVM/ESP or its leaders without full compensation (e.g., all the Mexicans who came to work for the organization after being promised a decent salary only to find out that they would receive much less than promised – and not being able to complain because they were not in the country legally; all the Nannies at Rainbow Cultural Garden who were forced to kick-back part of their wages – and who likewise could not complain because of immigration-related issues; and on and on.
It wasn’t just the DOS slaves who were unpaid or underpaid for their services because they had handed over collateral to their masters. It was also many rank-and-file members of NXIVM/ESP who were forced to work without compensation – or without full compensation – for the labor they provided.
Whether it was collateral or an expired visa or something else, Keith sought to have leverage over women that he might not be able to control. And in many instances, he used that leverage to force those members to provide services for no compensation or below-market compensation.
In many ways, Keith never got past the “little bottles of poison” that he held as leverage over one of his grammar school classmates.
Given the nature of the collateral (e.g., nude pictures, salacious stories, admissions to various crimes and/or immoral acts, etc.) – or the threat of deportation – Keith reveled in being able to force women to do things for him because he had leverage over them.
Had he released their collateral – or exposed their immigration status or their other secrets – all of those women would have suffered “serious harm”.
And that’s all it really takes to warrant a conviction under 18 USC §1589.
As with the other “legal issues” he has raised in his “Call To Action”, I do not think that Keith will get a new trial based on his claim that there was no basis for the forced labor charge and conviction.
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Were Keith’s Legal Rights Violated Because
The Prosecution Was Allowed to Introduce Evidence Concerning His Alleged Evasion of Taxes?
In his “Call To Action”, Keith also complained that there was no factual basis regarding what he describes as “the charge of tax evasion”.
As he explained: “…there was no tax imposed, due, or potentially due, on any of the transactions shown by the prosecution. All transactions were straight forward, signed by the relevant party, and all transactions and monies were examined and processed by an accounting firm run by the past commissioner of the IRS. How could there possibly be tax evasion?
“Answer: it is not possible, and the elements of the crime were not even possible. The prosecution used hate and created prejudice by showing large expenditures on a credit card to imply taxes were being ‘evaded’.
Under different circumstances, it’s possible that I might be supportive of Keith’s arguments regarding this matter.
But I cannot do so in the case at hand.
To begin with, Keith was not facing a “charge of tax evasion” in the EDNY case.
Nor was “tax evasion” one of the predicate acts that were alleged in conjunction with the charge of Racketeering.
To the extent that the prosecution introduced evidence concerning Keith’s evasion of taxes – which, incidentally, went on for more than two decades and which amounted to multiple-millions of dollars of tax liability – he might be able to argue that it was “extraneous evidence” in terms of the charges he was facing.
But, once again, he’ll have to contend with the fact that “extraneous evidence” is generally admissible to show such things as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake.
All in all, I don’t think that the admission of any evidence regarding Keith’s long-standing proclivity for not paying taxes will be enough for him to get a new trial when he appeals his conviction.
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OK…so there we have it.
I have gone through Keith’s entire 4,000+ word “Call To Action” – and I have found nothing in it that will likely allow him to win (a) a motion for a new trial based on “newly discovered evidence” or (b) an appeal for a new trial based on various alleged errors that he claims occurred during the course of his six-week trial.
All in all, I think that when he gets to his assigned prison, Keith needs to settle in for a long, long stay.
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Now, I’ll move on to analyze the 44 “legal issues” that Suneel Chakravorty has raised – and on which he’ll be providing supporting evidence in future posts.
I’ll begin by giving my initial impressions regarding each of the 44 “legal issues”.
After that, I’ll respond to each of Suneel’s follow-up posts.
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I know that I had promised to respond to all the non-legal issues that are contained in Keith’s “Call To Action” – and if/when things slow down, I’ll go back and do that.
In the meantime, I think it will be much more interesting for Frank Report readers for me to review – and respond to – the various “legal issues” raised by Suneel.
Frank Parlato 
Janine Morrison 
J.J. O'Hara 
Richard Luthmann 
Marie White 
Paul Serran
Please leave a comment: Your opinion is important to us!
From my point of view, I do believe that the word company is a positive word and the words pyramidal organization are negative words (for me they mean a fraudulent business)
I really appreciate the postings of what Keith said. Super helpful. Thanks. Good to know.
I think if you had real evidence to prove KR is guilty of the CRIMES they say he was convicted of, why would you need to spend all this time and energy talking about all this other stuff that is evidence of what triggered hate and blame in the jury and public.
It’s all one big distraction to gather up a big pile of confusion, emotional hate and anger to exhaust any critical thinker threshold of tolerance. Claviger, you spend a lot of time trying to convince people emotionally charged topics ARE not upsetting. Why would you need to do that if it wasn’t true? Suneel makes way more sense than you do.
I agree with you, Anonymous. There seems to be so much hate hate hate and rambling on and on about things like abortions and girl body parts. The writers are having fun with their shock value. They are being used to bash a person’s character so you hate them and now they seem to be doing the same thing to Suneel for showing the facts. If you focus on the process, it’s pretty evident that if someone killed someone, they would just say, “They killed someone” and be able to prove it. What did Keith do??!! He hurt a bunch of spoiled girls’ feelings so they got attention to make men feel better they can’t control their women (while accusing KR of the same thing), giving them permission to abuse our justice system and say whatever they want without consequence. Like most spoiled women do, they get to be cruel back because they didn’t get what they want. And as far as the DOS group, that’s NONE of OUR BUSINESS. Why is it they can’t brand themselves? Who cares? Boys do that stuff all the time and none of them are blaming some powerful woman somewhere. Guess why? There are not powerful women comparatively. Only as victims. Isn’t that convenient? Women are not allowed to be powerful enough to even make decisions about their own bodies. Let’s keep it that way. Good idea.
I think that is certainly true. Way too many iffy parts in this prosecution obscuring real investigation, legally or just as society, media etc.
[…] Claviger: Pyramids, Abortions, and Kinky Sex Life of Victim — Were Keith’s Legal Rights Violated… […]
Remember that time when you and your female friends all demanded close up spread vagina photos of each other as ” collateral”? And then you demanded that your female friends make tapes of them masturbating? And to keep taking naked photos every month? No? Remember? It was so you would all uphold your word! You must remember? I was never clear on what “word” you were upholding or why no one trusted each other like normal, healthy friendships. Or why you chose beaver shots if you were all straight women. You could have just got those ” be fri” and “st end” half heart charms. It seems like only a gross, old perv man would want all that home-made porn. Most women usually do cute matching bracelets, charms, etc. Oh, well. How’s that group going? All best friends still?
I enjoy the illogical desperate pleading. Louder. Struggle harder.
Keith has some competition.
https://www.theguardian.com/world/2021/jan/11/turkish-televangelist-sentenced-to-1075-years-for-sex-crimes
I’m not against Claviger’s position here (since I hate Keith and don’t give a fuck about his legal rights).
However, we need to have a conversation about Mr. Claviger’s apparent hypocrisy which Frank has allowed to go unchecked.
I’d like to educate Mr. Claviger on WHY people here think he’s biased and WHY he’s failed to satisfactorily address their claims of bias (why he keeps SIDE-STEPPING people’s questions about his lack of objectivity).
Mr. Claviger is trying very hard to have his cake and eat it too.
But that’s impossible cuz once you eat that fucken cake, you can’t have it anymore UNLESS you visit the bakery to buy another one.
Claviger is guilty of being EXTREMELY BIASED (and HYPOCRITICAL) because he won’t treat Keith’s legal position the same way he treats the legal rights of every other convicted felon he represents.
Mr. Claviger is trying to justify why Keith should never be set free EVEN THOUGH such arguments go against his entire CORE BELIEF SYSTEM about how indicted felons and convicted prisoners should be treated.
In other words, if an indicted (and violent) felon hired Claviger tomorrow then he’d have no problem trying to spring that fucker from pre-trial confinement —- even IF he knew the guy was guilty of hurting women (even if the evidence was overwhelming).
But because FrankReport hates Keith, he’s biting his tongue and pretending as though Keith’s legal rights are less than those of the people he represents.
Claviger is not LIVING according to his VALUES.
If your core values can CHANGE (depending on whether you hate somebody or not) then you have NO REAL VALUES in the first place.
PS — My friend is kinda poor and is looking for a cheap ring to give his woman —– so I’m wondering if NiceGuy can tell us where he bought his own wife’s Cubic Zirconia wedding ring from? Any help would be appreciated.
I gotta defend Niceguy on this one. I don’t see Niceguy settling for that cheap of a ring. Not to speak for him, but Niceguy would probably tell your buddy to get added to his girl’s bank account. Or borrow one of her credit cards.
This is so over. It’s almost perplexing to see you all still scramble for some scrap of redemption for Keith. *Almost*. Really, it’s just sad. Do you all have such little going on for yourselves or in your lives to make yourselves feel relevant or important? That you have to keep going back to the well of “Keith Raniere”? I suggest everyone google “Prisoner Groupie Syndrome”. It says a lot.
Keith did a lot of shitty and illegal things and he got caught. That’s it. It’s really simple.
This story has been milked to death. I suggest anyone still obsessing over Keith Raniere to look in the mirror. Is this all that you have going on in your life? There is a big beautiful world out there. Do something. Create something. Build something. Keith Raniere is just not that important in the grand scheme of things. If you need to make his story bigger than it is, what does that say to you about yourself?
Most companies have a pyramidal organizational structure. NXIVM was a pyramid SCHEME. There’s an obvious difference and Raniere knows it because Consumers Buyline was shut down because it was one. This is an example of him, once again, being a lying, insincere douche bag.
But NXIVM also was a RANIERE scheme: a corporate front that was used to legitimize a hidden, controlling, manipulative (and what became) an abusive sex cult with him at the top, that engaged in illegal activities, and that’s what got him thrown into prison. He thought he was smarter than others in that he could create layers of superficial legitimacy and secrecy to buffer himself from his sordid intentions and machinations, but he’s not one of the smartest men in the world, he’s arrogant, he got sloppy, and, most importantly, others saw through —— and proved the facade.
A pyramid management structure is different than a pyramid sales structure.
That’s key. That’s where people are being led astray.
Few companies have a pyramid, vertical sales structure.
Bingo…and, thus, if Keith and his attorneys thought that it was prejudical for the prosecution to describe NXIVM/ESP as a “pyramid organization”, they should have put on their own expert witness to explain this distinction to the jury.
You obviously don’t know the difference between a pyramid organization and a pyramid scheme, aka illegal pyramid scam. Study this and try again:
Do your part and copy/paste this message, including this part, all over social media (unless owned/operated by current Amway IBOs or the Amway scam company), and encourage them to do the same, and so on, à la network marketing/MLM. Also, submit a complaint to the FTC at https://www.ftccomplaintassistant.gov/?utm_source=takeaction#crnt&panel1-1 If you don’t, then you’re part of the problem.
Amway has 2 major problems, and most MLMs have at least one of these issues:
1. The products are overpriced, which makes them almost impossible to sell to customers and results in Amway being an illegal pyramid: http://allmlmfacts.org/2016/05/h-r-5230-and-the-fallacy-of-mlm/ , and also according to the FTC and SEC websites and previous court decisions and settlements; and
2. The Tool Scam is hidden profit for the top level distributors only, and the vast majority of distributors operate at a net loss as a result: https://www.youtube.com/watch?v=d0iFUaiI2hY This is RICO fraud.
For recent examples, google “FTC” along with the following companies, one at a time: FHTM, BurnLounge, Zeek, TelexFree, Vemma, Advocare, Neora, Javita, Waiora, Business For Health, and Herbalife.
Make a complaint on the FTC website: https://www.ftccomplaintassistant.gov/?utm_source=takeaction#crnt&panel1-1
Although there is no federal law defining pyramid schemes, the FTC has a long and successful track record of using its Section 5 law prohibiting “unfair and deceptive” business practices to go after MLM scams: https://www.ftc.gov/tips-advice/business-center/guidance/multilevel-marketing which states, in part, “Not all multilevel marketing plans are legitimate. If the money you make is based on your sales to the public, it may be a legitimate multilevel marketing plan. If the money you make is based on the number of people you recruit and your sales to them, it’s probably not. It could be a pyramid scheme. Pyramid schemes are illegal, and the vast majority of participants lose money.”
Read about these and much more at these websites: http://www.StopTheAmwayToolScam.wordpress.com; http://www.AllMLMFacts.org; and http://www.AmwayUKBlog.wordpress.com
Contact me to help shut down Amway and other MLM scams.
Watch this video about Amway and other MLM scams, then forward it to everyone you know, except for current Amway IBOs, and encourage them to do the same. When enough people know, these scams will collapse:
English version: https://www.youtube.com/watch?v=s6MwGeOm8iI
Spanish version: https://www.youtube.com/watch?v=Cy-O4myeUzg
Visit my YouTube channel: https://www.youtube.com/user/Whydoyoubanothers/videos
Listen to my weekly radio/podcast: https://www.buildingfortunesradio.com/scott-johnson-peter-mingils/
Visit my Facebook page: http://www.Facebook.com/ScottTexJohnson
So what is the obvious difference between a pyramidal organization and a pyramid scheme?
I liked someone else’s post that Klaviger should put himself in Keith’s or a person he likes’ place and examine the charges from that perspective.
Klaviger, if you were accused of forced labor by a friend/partner of yours after a loved one passed and, for the sake of argument, said friend helped you transcribe a voice conversation between you and your loved one to give as a token to your family, would you call that forced labor?
How many times have we all done things for loved ones because we want to and not been compensated financially for those things? Should we then accuse our loved one of forced labor?
At the outset of this series, I explained what my role would be:
“…I will attempt to determine if there are actually enough bona fide legal issues to warrant a new trial for the one-time leader of the NXIVM/ESP criminal enterprise – and/or whether to warrant the overturning, in part or in whole, of his conviction upon appeal.
I will be focusing on the specific legal issues that Keith has raised in his “Call To Action” – and sharing my opinion as to whether those issues warrant a new trial and/or whether they are likely to result in him winning his inevitable appeal.
As always, Frank Report readers are encouraged to share their own thoughts – and/or to ask questions – regarding these matters.
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I am not trying to present the “best possible” position for Keith on each issue. Presumably, that’s what he was trying to do in his “Call To Action” — and what Suneel is going to do in providing evidence with respect to the 44 “legal issues” he has identified regarding Keith’s apprehension, expulsion, arrest, indictment, pre-trial detention, trial, and sentencing.
The U.S.criminal justice system was not designed to operate in an objective manner. Instead, it was designed to be a fair confrontation between those who believe the defendant is guilty of committing a crime — and those who believe the defendant is innocent.
I am also trying to take into account the realities of how U.S. criminal justice actually works as opposed to how I think it should work. Thus, for example, even though I believe that pre-trial detention should only be allowed when the defendant is (a) charged with one or more violent crimes, (b) has previously been convicted of one or more violent crimes, or (c) has previously failed to show up for court appearances after being released on bail, I evaluated Keith’s request for pre-trial bail in the context of how the system actually works today.
My role is not to make Keith’s supporters feel good or bad about how a given legal issue will likely play out. Instead, my role is to explain how and why I think various legal issues will play out in terms of Keith’s quest to get a new trial.
ANOn—
I will tell you exactly what you want Claviger to say……
Keith Raniere was wrongfully and illegally prosecuted out of hate and I hereby exonerate our most beloved ne’er-do-well.
I meant ‘renunciate’, not Ne’er-do-well. 😉
You are focusing on one single example, there were many in the trial to pick from.
If I were facing the same Forced Labor charge that Keith was facing, I would focus all my attention on distinguishing my case from other cases that ended in a conviction. And I would provide testimony (preferably testimony from qualified expert witnesses) — not just unsubstantiated claims from my attorney — to show that there was “reasonable doubt” as to whether I committed one or more of the requisite elements of that crime.
I thought you weren’t going to do Vanguard’s legal work for him?
Keith was not their “loved one”. He was their grandmaster. Pam was not “their loved One.” She was part of the pimping scam and abuse. Big difference. Your portrait is false.
On the sex trafficking charge, I think the best point to help for Keith’s appeal is b) evidence of specific instances of a victim’s sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor.
If there is proof of consent, this whole charge should be thrown out. I am definitely interested in seeing any evidence out there, if it exists, of this claim. If the proof/evidence is there, we should all want this charge to be thrown out, for our sake and for the sake of a just legal system.
You’d think the top-shelf legal counsel hired by The World’s Smartest Child Rapist™ would have brought up proof of consent at trial, wouldn’t you?
Don’t hold your breath waiting for that to magically appear, Minerva.
You’re better off praying the earth is taken over by an alien species that considers child rape the paragon of virtue.
I totally agree with you. So, where’s the evidence?
[…] his post, Pyramids, Abortions, and Kinky Sex Life of Victim — Were Keith’s Legal Rights Violated? – Par… K.R. Claviger couldn’t be more wrong when he wrote, “the term ‘pyramid […]
I’m sorry Claviger but I belive you are not being completely honest here. I’m not a supporter of Keith but I’ve been very interested in this case lately. I have talked about it with lawyers from my company and presented your article to all of them (as I want their professional point of view, most of them didn’t even know about Keith btw) believe you are being biased. It is true you are not trying to give Keith’s the best possible scenario you are only focused on how things are invalid. I understand you don’t like him, I don’t know your story maybe you had problems with him, maybe you were closed and found out of the horrendous things he’s been accused of, or maybe you just don’t like him because what has been said. Regardless it’s important for me to have a unbiased justice system and as far as I know and experts I’ve talked to Keith’s right were violated. Again I’m not defending him but I do find this scary as who knows if this could ever happen to me. My interest is unfolding the true and fight for justice. If by law Keith needs to go to jail good! But let’s not violate anyone’s rights in America this needs to stop.
You obviously don’t know how the legal system works. It’s not the DOJ’s job to be nice to defendants, it’s their job to win – and if they can be nasty as part of doing that job, so be it. It’s the defense’s job to push back, that’s how it works.
No, what needs to stop is your canned NXIVM responses and fake stories that attempt to gaslight the justice system, the victims, and anyone else who contradicts your master, that anyone who’s been reading this site for a while or know the ways of NXIVM and its leader, can see through.
Anthony, since you work in a company with lawyers who were happy to be presented with ‘the article,’ perhaps they can help the dead-enders out?
Give me some specifics where you (and your company lawyers) think I’ve been biased. And please explain the basis for your claim that you “understand that [I] don’t like him”.
Allegations without facts are at best opinions.
I will reiterate what I’ve already said to several others who believe that Keith’s rights were violated during the course of his apprehension, expulsion, arrest, indictment, pre-trial detention, trial and/or sentencing: I have yet to see any evidence that Keith was treated any differently than the average defendant in a federal case is treated. That is not to say that I agree with the way in which the U.S. criminal justice system works (I don’t). Rather it’s to say that simply disagreeing with the norms, rules and standards of the U.S. justice system is not going to get Keith a new trial.
In order to warrant a new trial, Keith is going to need to prove that he was not treated in accordance with the existing norms, rules and standards of our justice system. If/when I see evidence of that, I will join in the call for a new trial for Keith.
It’s not a particularly good comparison but think of it like this: If I get charged with driving at 65 mph in a zone where the speed limit is 45 mph, I need to prove that I was driving at 45 mph or less in order to avoid being found guilty. Arguing that the zone in question should have a 65 MPH speed limit is not going to get my ticket thrown out — even if I’m right. As long as the area was properly marked with signs indicating the speed limit was 45 mph, that’s the standard that will determine my guilt or innocence.
I agree with Keith’s points about the many things that were brought up at trial that paint a biased picture of him being a “bad person,” regardless of whether the evidence or terminology is relevant to the charges.
K.R. Claviger said in this article that he doesn’t think most of those things have legal ground for a new trial.
HOWEVER that was still super biased to have all those things brought up at trial! It’s like Keith got screwed – he was “framed” using bias, but some of that bias was technically legal, so now there’s nothing he can do about it. There probably are things he can do about it, but it feels very discouraging to see someone get bullied by a biased legal system.
I do not disagree with you. A lot of information that was introduced ay Keith’s trial was not directly connected to the charges he was facing.
But I have yet to see any evidence that any of that extraneous information did not meet the current admissibility standards for such evidence in the U.S.
Once again, let me reiterate that pointing out what’s wrong with the U.S. criminal justice system is not going to get Keith a new trial.
Calling a business a pyramid organization or pyramid scheme is way to make people think a group is not giving value. I do agree though that most organizations are pyramid style. Which is why the judge and prosecution calling Keith’s businesses pyramid schemes unfair to his trial.
Except they were pyramid schemes. So accurate and fair.
Not accurate or fair because that term is seen as a defamatory statement so therefore would need to be completely proven.
If someone burgles a house, they are a ” burglar”. If someone got busted for Consumers Buyline and then Nxium/DOS – pyramid is just an accurate description. And this is getting ridiculous. He’s not being granted a new trial when they never objected and fought the use of ” pyramid” during the trial.
You can’t define a pyramid scheme, can you?
Can you define “child pornography”? What about “pedophilia”? How about “immigration fraud”? Or “identity theft”?
Interesting read. Haven’t researched statistics:
https://www.prisonlegalnews.org/news/2014/feb/15/what-are-the-odds-of-complete-reversal-after-conviction-in-the-second-circuit/
This article helps to bring some clarity into a very complex trial. Thanks for writing it.
Even if everything that’s said about Keith was true, this process seems to have been unfair. I imagine it’s difficult for people to consider that we might be living in a country where justice is corrupt like in many others. It’s easier for us to believe what the media says, even when we know that the media lies. I think this happens because it’s unsettling to consider that nobody is safe, that it’s not enough to pay your taxes and behave well, that if the government dislikes you, you have very few options on your side.
Llorán
Nxians:
Your Vanguard was convicted of doing some horrible, horrible things to women.
” birds of a feather,” they say.
Be careful with your reputations as you continue to defend this — fill in your own blank.
He was a serial abuser of women.
TheVowHBO
@TheVowHBO
If you’ve watched The Vow, you know (and probably even appreciate) the ethical passion of Frank Parlato. Thank you to
@VICE
for this profile feature on such an intriguing character. #NXIVM #TheVow
https://twitter.com/TheVowHBO/status/1347996742097268740
This was a great analysis. I am not a legal expert. But I found this post very helpful for learning. Thank you for all the hard work.
Sorry I have been in shock with what Twitter had been doing to the president of the United States. But these articles are very valuable and insightful.
Fantastic work!
Twitter is very similar to FR. You break the rules a billion times, then you are removed. “I have been in shock with what Trump has been doing to himself on Twitter” would be a more accurate statement IF his Twitter presence was your primary concern.
K.R. Claviger-
I greatly enjoyed your series of articles on Keith’s Call to Action. The breakdowns of the complex legal issues at hand are superb.
Thank you!
You’re easily impressed.
Pennsylvania cell
the world’s smartest child rapist
self pity in spades
Tiny whiny Keith.
You are not a victim. You are a perpetrator.
As the old wax of falsity
chips aways – new wood
reveals its heart
There are no victims, the consequences of our actions appear from one moment to another. It is important to recognize that if the information is completely true, the criminal process must be upheld, always honorably.
Why weren’t these women using birth control pills, or ANY protection? The abortion evidence lends to fact that Keith controlled female reproduction in his herd, but liked that masculine affirmation and control of impregnating his partners. More Albany Taliban behavior that’s meant to be Empowering ™, but abusive everywhere else in the world.
Plus side: He’s going to make so many like minded friends in the sex offender prison. He won’t have to convince anyone of anything, and they won’t leave him like everyone else. Captured, just how he likes it.
Because the pills would have interfered with Raniere’s body energy waves.
Vanguard thought birth control made the women “fat” translation: look like women rather than pot pre-teens, his favored sex partners.
“This company uses its influence to silence dissenting voices”.
This is a very liberal show. So, is the company a liberal tech company or your Nxivm cult? LOL.
https://twitter.com/tvburdenoftruth/status/1347646360367992832
Clavinger, do you think the intent of the HIPPA law’s allowance for the state to seek medical records was to find and expose emotionally charged information about a defendant’s partners? It seems to me that Raniere’s complaint about the use of the abortion records was that it was prejudicial and not related to the charges. Would you please comment on this argument?
Maybe he will, but I will, too:
Vanguard is guilty. Guilty as hell. I predict he will die in prison because he is one of the most twisted, evil m’fers I’ve ever seen.
RICO is one of the coolest statutes ever, designed initially to reign in the mob. It allows a lot of ancillary evidence to come into play.
Telling women to abort en masse just goes to what a controlling scumbag this was. It wasn’t prejudicial in my opinion. It goes to the heart of abuse and control and torment he inflicted on the women he hated so much.
He is an evil pathological bastard who should have been aborted.
This is only my opinion, of course.
I was interested in reading all of your points as I wanted an unbiased opinion of this and I thought this would be. Sadly, it seems you are biased and don’t like Keith, which is understandable. On the first point on the pyramid scheme, we all know they are not well seen socially and it does affects someone image (specially on a trial). A defending lawyer on the other side could bring up a point and show how this is unjust according to the law just as you are doing for the other side. I hope we could show both sides and discuss. Then you bring up a point that has nothing to do with this: ‘Anyone who disagrees with Keith was called a suppressive’. I don’t think you have proof of that in the first place and secondly what has this anything to do with the pyramid topic?. I could go on with every point and show you my opinion on why I think this article is biased and not well backed up, with hate and prejudice. Interesting perspective but your dislike for Keith is everywhere in my opinion. I hope we continue to look for what are true right violations in this case. Next time let’s take Keith out of the picture and maybe put yourself in his position or someone you like, how would your arguments sound like? Thanks!
Keith is the one who challenged the allegation of “pyramid” in the first chapter of his version of
” Mein Kampf “, where Hitler, in prison, spoke about his mother and struggles in society.
BTW, look at Vanguard’s hand gestures when he’s talking. You may catch similarities.
Nxivm was a pyramid scheme of sales, relying on horizontal integration of new talent.
DOS was a pyramid scheme, as well, relying on the acquisition of new women to pleasure him.
I don’t think the Mexican gangs in prison will like this part.
Keithy was at the top of both pyramid organizations, even though he tried to hide his involvement.
It’s not prejudicial because it’s true.
This is a thoughtful, compelling analysis. I find it persuasive that these claims alone, even if true, are likely not strong enough for an appeal.
Seconded, Rabbit204.
Correct, I agree. He will die in prison.
But remember– being free is NOT being able to do what you want.
And it won’t be the VIOLENCE in prison. It will be the FEAR of violence.
According to his teachings, he’s in a good place.
Excellent reporting, Claviger
All and all, Raniere is screwed and you’re correct. Keith will have to settle in for a long nap. He isn’t going anywhere anytime soon.
Maybe a new prison, he seems to have settled into the MDC and likes the rat hole there.
His faithful are close by and he knows the staff well enough by now.
According to the Federal Prisoner Locator system, Keith is still being held at USP Lewisburg (He was moved there earlier this week). We will continue to check on his location several times per day — and let Frank Report readers know if/when he is moved again.
Because you have nothing better to do with your life?
To Raniere and Justice is Blind
Bahahahahahaha
Claviger: 100
You guys: Big fat Zero
You can’t prove shit
His expensive legal team didn’t prove his innocence in a six-week trial and his new expensive team won’t do any better.
This is a pattern Raniere has done throughout every legal battle he can.
Ross case 10+ years trying to prove he was right. In the end, he didn’t win.
AT&T/Microsoft, same thing, he lost, even the Judge called him a liar.
Nancy Salzman (who we all knew Raniere was behind the lawsuit) sued an Airline for losing her briefcase with her laptop. (When we know she forgot to pick it up)
Salzman files too late, but carries on anyway and asks for way too much money claiming her hourly rate to reproduce what was lost on her laptop was way over the top.
These are just a few examples of what these idiots do to attempt to do within the legal system when they don’t get their way.
Before you know it, Raniere will want his case heard by the Supreme Court. He has asked before.
It wasn’t so much hate the DOJ had, they just wanted joy, since he who has the most joy wins.
Claviger couldn’t be more wrong about “…the term “pyramid organization” is not a pejorative term.” Most people don’t use the word “organization” when referring to a pyramid and instead include words such as “business,” or “scheme,” or “scam,” or simply the term “pyramid” by itself. Therefore, it is an extremely pejorative term. Claviger is so clueless it’s almost funny, but it’s too serious of a topic to be funny.
About the only thing that NXIVM appears not to be is an illegal pyramid scam, because the definition of that word is essentially an MLM that has little to no retail sales to non-distributor customers and NXIVM appeared to have lots of those. DOS could be considered to be an illegal pyramid scam because there were no customers, only compliant downline slaves who recruited more compliant downline slaves.
Regarding the abortion records, unless Raniere himself had one or more abortions, that information isn’t his to complain about being disclosed. The abortions were the women’s sensitive information so Raniere, in Claviger’s vocabulary, had no standing in that matter. Why does Claviger keep missing the obvious? It must be that she isn’t a very bright lawyer.
The judge should have allowed the inclusion of cross-examination of Nicole’s other sex life behaviors, as Raniere was maintaining what he did to her was normal for her, it’s an obvious 6th Amendment right to confrontation violation.
Claviger is wrong about the person who voluntarily transcribed the video, that cannot be considered to be forced labor, plus the jury wouldn’t buy it.
“But during the course of Keith’s trial, the prosecution documented many more examples of people who were forced to provide services to NXIVM/ESP or its leaders without full compensation (e.g., all the Mexicans who came to work for the organization after being promised a decent salary only to find out that they would receive much less than promised – and not being able to complain because they were not in the country legally; all the Nannies at Rainbow Cultural Garden who were forced to kick-back part of their wages – and who likewise could not complain because of immigration-related issues; and on and on.”
Question: How did they force someone to provide services? Or force Rainbow staff to kick-back wages? Did people not leave the company all the time? Couldn’t people just leave if they weren’t satisfied with the conditions? Have you spoken to ALL the Mexicans and ALL the Multi lingual specialists in Rainbow to make this statement? I heard some of the highest earners in the companies were Mexicans.
The words on this website–read them and you will find the answers to your questions.
If you don’t understand the words the first time, read them again.
Consult a dictionary.
If that doesn’t work, trying googling “reading comprehension course.”
NXIVM training reduced peoples’ abilities to comprehend others, express themselves and think.
It will take a lot of time and effort to regain those abilities.
There’s no better time to start that right this very second.
@NXIDVMDVM – It really seems you’re rooted in a lot of anger disguised as satire! Instead of answering the questions, you’ve decided to use an ad hominem attack. Would love to get a proper response to anonymous’s question
An ad hominem is attacking someone’s character instead of the argument they are making.
That someone criticizes a person’s character or integrity is not an ad hominem in itself. For example, assessing and then critiquing a person’s credibility when they testify on the witness stand is not an ad hominem because that is something that comes into play and is open for questioning when they do so.
The ‘anger’ of satire attaches to the futility of wilful stupidity – nxidvmdvm is at cause.
LOL
Thing is… I’m not sure if I was sarcastic or not.
They may not be feigning stupidity, ignorance, and the inability to think for themselves.
@Anonymous — It really seems you’re rooted in a lot of butt hurt disguised as psuedo-intellectualism.
Instead of thinking for yourself, you’re parroting the approved word list of The World’s Smartest Child Rapist™.
Would love to see you vomit up the Koolaid.
There was plenty of testimony about the benefit of getting ” free labor” from the sex slaves. Keith was expounding on how great it would be to get x amounts of free labor from y amount of sex slaves. That’s what happens when you put everything in text, email and recordings like Vanguard.
Thanks for that analysis. I had no idea grand juries could subpoena HIPPA records.
Yeah, federal inmate 57005-177 is going to have rent-free accommodations provided for him until he shuffles off this mortal coil.
What is the status of The World’s Smartest Child Rapist’s™ $35,000 Innocence Challenge? Has Suneel got the corner on that? 44 x $35,000 = $1,540,000! Anyone who questions how Suneel is making a living now knows! That’s the value of a Harvard education.
But, wait a second, Claviger, you haven’t addressed that Make Justice Blind insisted the prosecutors sign an affidavit and none complied! Doesn’t that automatically mean federal inmate 57005-177 is innocent and must be immediately released?!
And Amanda Knox signed a petition! Isn’t there also a clause in the Constitution that her signing a petition means “Vanguard” must walk a free man?!
Vanguard has authorised the use of a tried and tested strategy, which has worked for a murderer.
Amanda Knox, guilty, sets up multiple webpages to discredit the victim, twist hard evidence in her favour and presents pure lies as facts in turn making herself into the victim. Long lists of wrongs done to her by the prosecution – evidence planted, lies from witnesses to frame her. Multiple carbon copy “supporters” flooding comment sections in her favour with the same old repetitive lies. Sound familiar? It worked for her and now KR thinks this is the way to proceed and use the media. Nicki Clyne sharing posts from Amanda Knox, liaising with her for her signature. This is the Amanda Knox connection.
In discussing his case and legal options the elephant in the room involves child molesting evidence. There is ample evidence and testimony and yet he was not charged. Why? If he ever got out of prison would he be charged? If not, why not?
There is some suggestion that these crimes took place in the NDNY and Keith had something over them. Has this been investigated? Why not? Why didn’t they do anything? Payoffs? Corruption? An insider working there? With Keith’s access to money we would have to assume some sort of payoff was involved. How is it possible to even investigate this?
Who were the people at NDNY who would have been expected to pursue this case? Why didn’t they? Do those same people have large sums of undeclared money in the bank?
There are many conditions that show Keith Raniere was biased and unfair, there were many misrepresentations of the truth and this article shows how the prosecution had an agenda to punish but not to seek the truth behind it all
Anonymous-
What are you referring to?
The takeaway from the series is there is no basis for appeal in regards to Keith’s Call to Action.
Good article
Superb and accurate analysis. Thank you.
Thanks for this insightful post.
Looking forward to the Suneel posts.
I think the shine on all of this is starting to fade. Obviously, this is just one individual who may not be as drawn in as many others. Still, after going through the copious volumes of these articles, I keep waiting for the horse to flinch. I am sad to report that it is dead. Intrigue and salaciousness will draw them into the tent but the townsfolk are only going to buy so many tickets before the next thing comes along. Kind of know what I’m looking forward to but that’s still a little over seven months from now, but I am patient.
This was very well written. What has Suneel said about the many horrible things Keith has frankly admitted to, both inside and outside of his convictions?
What horrible things has Keith admitted to?
Keith gave the date of he and Cami starting their sexual relationship when she was a legal child. It is in his written words. Not subject to false spin. That is just one horrible thing he has admitted to doing. There are many more. Branding women and recording them while lying about being involved. Or the brand containing his initials. That is also recorded. His voice. On tape. Saying the branding tapes would be used as collateral (blackmail). There are more terrible things. Although “admitted” is too generous toward Keith. It implies he can be honest willingly. More like Keith got busted.
What does Islam say about Muhammad and what does Judaism say about Moses?
That’s your answer.
Suneel either wears blinders or rose-tinted glasses when viewing Raniere. Everything can be explained away.
Muhammad murdered/executed people by the thousands regularly. Mosses butchered entire city-states. When Moses came down with the Ten Commandments, he immediately executed people.
Cultists see what they want they want to see.
So then you’re saying Islam and Judaism are cults? And their respective religious leaders are cult leaders?
Obviously
That’s a rap on the legal appeal issues in my book! ZIP, ZERO, ZILCH and restful 💤’s for moi…barring, you know, the fall of Democracy to other malignant narcissists and all.