Did Salzman’s Attorneys Miss the Filing Deadline – or Misfile Her Sentencing Memorandum?

Marie White's portrait of Nancy Salzman

Earlier today, I posted a story about Nancy Salzman’s impending sentencing and mentioned that today was the deadline for her attorneys to file their Sentencing Memorandum – a document that would contain their recommendations with regard to the sentence that U.S. District Court Judge Nicholas G. Garaufis will impose at her September 8th sentencing hearing.

When I mentioned today’s deadline, I forgot that in granting Nancy’s attorneys’ request for an extension to September 1st for the filing of the Sentencing Memorandum, Judge Garaufis had noted in his Order that the request was “GRANTED in part, with a modification as described on the Docket”.

MK 10 Art’s painting of a painting of Judge Nicholas G. Garaufis.

And when I went back to look at what sort of modification Judge Garaufis had placed on the Docket – which was a separate PACER filing from his Order regarding the requested extension – I realized that today is NOT the deadline for the filing.

Nope…the deadline for Nancy’s Sentencing Memorandum was 5:00 PM on August 30, 2021!

Yep – and since there was no such filing on PACER as of 4:30 PM today – and no record of a Motion to File Under Seal having been submitted and approved prior to the August 30th deadline – it’s beginning to look like Nancy’s attorneys either missed the deadline or submitted their filing under seal without permission.

Either way, this does not bode well for Nancy’s future.

mk10 portrait of Nancy Salzman

Unless PACER is having some sort of major technical issue (which is extremely unlikely) – or unless Judge Garaufis grants some sort of extraordinary relief and allows the untimely filed or misfiled Sentencing Memorandum to become part of the trial record  (which is also unlikely) – Nancy may be sentenced without the court considering whatever arguments her attorneys may have made on her behalf and/or whatever letters-of-support were filed by her family members and friends.

Given how much emphasis Judge Garaufis placed on information that was contained in the Sentencing Memoranda that were filed by the attorneys representing Allison Mack and Lauren Salzman when he sentenced both of them, it would appear that Nancy may be missing out on a chance to convince Judge Garaufis that she deserves leniency.

If that’s the case, then Nancy will have to rely entirely on whatever statement she chooses to make at her September 8th sentencing if she hopes to avoid going to prison.

If nothing else, that would be a great test of Nancy’s self-proclaimed expertise with regard to Neuro-Linguistic Programming (NLP) and hypnosis.

Maybe someone should warn Judge Garaufis not to look into Nancy’s eyes – and not to let her touch him – at the sentencing hearing.

**********

Federal Prosecutors Were Very Explicit About Nancy’s Crimes

In their Sentencing Memorandum, the federal prosecutors were very explicit about the criminal activities that Nancy admitted she committed.

Here are some excerpts from that document:

RE: Identity Theft and Unlawful Surveillance

  • She “participated in the unlawful surveillance and investigation of perceived critics and enemies of Raniere and Nxivm. The targets of these efforts included high-ranking politicians, reporters who had published articles critical of Raniere or Nxivm, Nxivm’s own lawyers, legal adversaries and their families, an accountant (James Loperfido) who worked for an attorney who had previously done work for Nxivm, and Edgar Bronfman Sr., the father of Clare Bronfman.”

 

  • She “helped Nxivm retain private firms, including Interfor and Canaprobe, in order to investigate perceived enemies of Nxivm and Raniere. Between approximately 2007 and 2009, Canaprobe sent the results of purported ‘bank sweeps’ for bank account and balance information belonging to Nxivm’s adversaries.”

 

  • She was found to have in her possession “a large box containing purported private banking information of many individuals perceived to be Nxivm enemies, including Edgar Bronfman, Joseph O’Hara, Rick Ross, and others.”

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

RE: Obstruction of Justice

  • She “conspired to obstruct justice by altering videotapes that were to be produced in discovery in a federal lawsuit in New Jersey…(and) agreed to alter the videotapes to remove certain segments from them without having the videotapes appear altered.”

 

  • The videotapes in question were altered “to remove content, including segments in which Nancy Salzman made unsubstantiated health claims about Nxivm’s curriculum.”

 

  • “These altered videotapes were then produced in discovery by Nxivm’s attorneys with the false claim that they were provided in “unedited fashion.”

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

RE: Nature and Circumstances of the Offenses

In this section of their Sentencing Memorandum, the federal prosecutors went into much more detail regarding Nancy’s involvement with the NXIVM/ESP criminal enterprise.

Here are some more excerpts from that document:

  • “For well over a decade, Nancy Salzman was a loyal and integral member of the criminal enterprise led by her co-defendant Keith Raniere. She was the President of Nxivm and second-in-command to Raniere until her arrest and, in that role, the defendant exalted Raniere’s teachings and ideology and demanded absolute commitment and deference to Raniere.”

 

  • She “…instructed Nxivm members that anyone who challenged Raniere or Nxivm, including family members and friends, were “suppressives” and must be avoided.”

 

  • She “…told Nxivm members that they had committed ‘ethical breaches’ which they needed to remedy, often in ways that benefitted the defendant or Raniere. Nxivm members were told that they were in ‘breach’ for, among other things, supposed lack of work ethic, failing to lose weight, exhibiting ‘pride’, ‘playing the victim’, or causing negative publicity for Nxivm or Raniere. Many of the Nxivm teachings promulgated by Nancy Salzman disparaged or humiliated women and blamed victims of abuse…Some of these teachings also questioned the age of consent and suggested children as young as 12 years old were capable of consenting to sex.”

 

  • She “…promoted Raniere’s ‘poisonous and predatory falsehoods to an unsuspecting audience’ including the notion that ‘girls could be ready for sex as soon as they are physically capable to conceive, that women enjoy the out-of-control experience that comes from being raped, and that some women are only able to climax during such horrific events…”
Nancy Salzman, AKA the Prefect.
  • She “…also encouraged Nxivm members to take expensive Nxivm courses, and incur debt in order to do so. She developed a purportedly therapeutic technique called ‘Explorations of Meaning’ (EM) which was sometimes used as a means of manipulation and control…[and] encouraged Nxivm members to take expensive ‘EMs’ to address their purported ‘issues’, generating a significant amount of money.”

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

RE: Victim Impact Statements

The federal prosecutors also reminded Judge Garaufis that the victim impact statements they had submitted “…detail the destructive impact of Nancy Salzman’s crimes. These statements reflect that victims suffered, both personally and financially, as a result of the defendant’s actions. Victims describe being manipulated by the defendant, isolated from their family members, saddled with debt as a result of Nxivm and ESP courses, and psychologically abused.”

And therein lies the biggest potential problem for Nancy with regard to the Sentencing Memorandum that her attorneys were supposed to file on her behalf.

If that document is not made part of the record – and is, therefore, not taken into consideration by Judge Garaufis – then there will not be any kind words from family members and friends to offset what’s contained in the victim impact statements.

And if Judge Garaufis imposes a sentence that takes into consideration what’s in those victim impact statements without any positive words on Nancy’s behalf, then Nancy may be headed off to prison for several years.

 

 

 


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K.R. Claviger

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  • Public Access…to filed court documents, and here I was thinking that a “pacer” is a graceful horse who enjoys a moderate constitutional that’s slightly less invigorating than a trot. But, shoot. How federal it is! Horses are at least alive and have eyes, plus lovely, plush manes and tails. Right, Clare BronfMANHOLE cover? How is it hanging, Clare? Or is that how is Itt hanging, Clare? Take a curtsy. There is no cure, evidently. Not for Clare. Neigh neigh nay.

    But then, Clare and Nancy do not care for one another at all, so one hears. They will require separate prisons, yes or no?

    Also, thank God not everybody plays Paul Drake, the “as seen on TV” prosecutor. One good Claviger is enough for today. Also and luckily, I have some superb strawberry kiwi juice closeby. It is totally tantric as a beverage, too. So drink to me only with thine eyes. Skoal, à votre santé and bottoms up. No blinking, please. It shows too much nervousness and displays one’s lack of attention, neurologically speaking. Yet Scientologists like Miscavige do need attorneys, too. Blinking ones.

    So too, let us remember to stick with horses for real pleasantness. Enjoy mother nature while you can. Enjoy something, someone born and authentic, and somebody has to remember horses, after all, and not to merely focus so much upon a nasty, greedy, saggy horse’s ass, like Nancy and her godforsaken glue factory. Justice has gotta cum. Or come, even.

    Remember Kristin Snyder. She was dispossessed of her very life. Ask Nancy all about that. In federal court, just ask Nancy Salzman. Oath probably means nothing to her, but why waste an opportunity?

    Ah, horses, so much less illegal than waiting to see whether or not a fat lobster newburg inhaler or a sausage-sneaking, very unladylike fat-faced lady with a bad dye job atop her head sings, when she, Nancy Salzman, at last arrives at her last chance to try rectifying what isn’t ever going to be rectifiable. Nancy has rectified nothing. But wait for September the eighth, 2021. Cut her down a few pegs. See if she flinches.

    For there shall come, September eighth to federal court, one of the biggest losers, Nancy Salzman, who is still not done amusing herself by using and consistently abusing her vainglorious power to abuse and to harm others, proud to engender so many years of suffering for the madding crowds, whom she found so dispensable and so completely unworthy of any respect or care. Give her a prize. Please do. How about telling her off with as many years of penal, rather than oral or penile, sentencing as is possible, so far, to give her?

    Old Nancy is smelling like nonvegetarian, soggy, algae-ridden manure all the way down here in the deepest South. Oy vey Ishmael to that bloody, snot-assed hypocrite and that ignoble mother of at least the last half-century. What a huge stink! Even the special NDNY dentists’ cotillion must be gagging by now, or do they still have no senses of smell and/or taste?.

    Gah to Madam Gah-Gah. Now, Nancy! Giddy-up. Over and out. She has become a very sorely and a soullessly used pegleg. So here is a resounding zippety doo-dah. Or how about Take Five or more and play some celebrative and convivial Dave Brubeck? I am hearing him as the incipiently underlying score, right here/now. And yes, very happily using Marie White’s brilliant illustration, too. Her artwork is manna from heaven, such delicious, fully expressive caricature and more than only caricature, as Marie captures the existential essence.

    So. Are those HANDCUFFS awaiting Pantsy SchmaltzMAN-oh-man?

    She, the Nancy, was the fake shogunate’s avaricious, ambitious number one bossy cow and a grotesquely crude poseur, (a big, ovine whoop-dee -doo to her Woody WoodPecker) for such a long and for such an insidious haul. Now it is looking to be a crazy eight fixing to hit her upside the head and to haul her offstage, where she has earned a very uncomfortable and miserable seat all to herself. Maybe Lauren Salzman will find her breath starting to come easier, if Lauren can adapt and stick to her dog days or dog years. No more tears. It used to be a baby shampoo, maybe still is. Alas. No baby. But Lauren is an auntie now. Nancy will be a restricted grandmama, though. Good idea.

  • Ms. Claviger, or possibly Mx., but unlikely Mr., what recourse would Nancy have if her attorneys made an error or withheld this intentionally? Can she appeal her sentence?

    Also, I have another theory – perhaps vanguard is behind this somehow. He is serving 120 years. I think he wants her to get as much time as possible because he’s a fucking dickhead. I do not believe she is freed from him and will do whatever he says because her own daughter Michelle is still a follower. Nancy is an expert in this shit, she could get her daughter out if she wanted to. keith is still in control.

    • We’ll have much more to say about this topic later. But as of right now, it looks like Nancy’s attorneys filed their Sentencing Memorandum on time.

  • Or after reading the prosecutor’s filing and appreciating that there is no fair reason she should or will receive a shorter sentence than Clare Bronfman – who she delivered to Raniere, and then manipulated for decades – she realized it was really all over. Maybe, realizing she had no more moves because her “insights and empathy” were now plainly seen for what they were,e she decided to run to the prosecutor offering information they have not been able to get from anyone else causing the prosecutor to quietly ask the judge for some “quiet time” to see what she has to offer. Probably not but…

    • At this point, that’s as good as any other possibility.

      Unfortunately for Nancy, I don’t think she could deliver the collateral because if she could, she might be able to get a much better break when it comes to sentencing.

      • The collateral may be comparatively insignificant if she has information about murders and bribes. If ever there was hope for people like Kim to get answers, this might be it. Come on, Nancy – sing, sing, sing!

      • United States District Court
        Eastern District of New York
        Judge GARAUFIS , NICHOLAS
        Wednesday, September 8, 2021
        No Public Calendar on file

        • Lots of judges don’t keep their public calendars up-to-date for security reasons – and we have confirmed that Nancy’s sentencing hearing is still scheduled to take place on Wednesday, September 8th.

  • Because Nancy knows that Nancy’s Nxivm network of connections, collateral on everyone, and blackmail on politicians and law enforcement, will keep her out of prison. She knows she’s not going to jail.

  • Maybe her legal team were told not to bother because she has decided to kill herself before the 8th, in an effort to choose the ethical solution to her crimes, thus demonstrating her ability to genuinely feel empathy and remorse for the many she hitherto saw as purely objects.

    • I just looked at one of my recent federal cases that had a deficient filing (by the other side of course, 😉 I never mess things up! lol /s). I wanted to see if the deficiency notices get published publicly on PACER or just emailed to the parties of record. Indeed, they are made public on PACER. So – it doesn’t look like this was a situation where Nancy’s attorneys filed but messed something up and need to fix it. It is really looking like they either filed to the wrong case or completely missed the filing. Staying tuned…and refilling the popcorn bucket.

      • At this point – and with still no filing showing up on PACER – these are the only plausible scenarios that I can think of (These are listed in order of probability):
        – The Sentencing Memorandum was misfiled in another case;
        – The Sentencing Memorandum was filed under seal without permission; or
        – They didn’t file a Sentencing Memorandum.

        Let me know if you can come up with any others…

        • God works in mysterious ways. Whatever the reason, I hope it benefits the victims and their sense of closure and brings them justice.

          Thanks again for explaining things in plain English, Claviger.

    • Even if Nancy were experiencing some sort of health problem, I don’t see how that affect the filing of her Sentencing Memorandum. Or if it did affect it, there likely would have been some sort of filing about the problem.

  • Great article, Claviger as always.

    Maybe Nancy will escape her sentencing so her lawyers didn’t even need to file this?

    • Regardless of what happened – or didn’t happen – with respect to her Sentencing Memorandum, Nancy is going to be sentenced on September 8th.

      As of 6:54 AM on September 2nd, the Sentencing Memorandum is still not posted on PACER. But since PACER filings sometimes lag by several hours, it’s still possible that her attorneys filed the document yesterday.

      Judge Garaufis didn’t just make August 30th the deadline for the filing. He specified that it had to be filed by 5:00 PM on that day.

      We will continue to monitor the situation – and report any new developments that may occur.

      • In my experience (which is a lot – I access PACER every day for my job), PACER sometimes lags but not often, and if so, usually only by a few hours. This could get interesting if the deadline was missed. Standing by w/popcorn.

        • Still no filing on PACER as of 9:00 AM on Thursday, September 2nd. And you’re right, when PACER does lag, it usually only does so for a few hours.

          Now starting to really wonder what the hell is going on here.

          Did the attorneys (or, more likely, one of their paralegals) misfile the Sentencing Memorandum by filing it in a different case?

          Did the attorneys decide — for some bizarre reason — not to file a Sentencing Memorandum?

          Did the attorneys get fired before the filing deadline?

          Stay tuned…This definitely could get interesting!

          • I think the top two possibilities are that it got misfiled in another case – or they mistakingly filed it “under seal” without having first obtained permission to do so.

            But whatever happened better be identified and resolved soon because we only have a couple of workdays before Nancy gets sentenced.

            PS: Still no new filing as of 7:30 AM on Friday. September 3rd.

          • Does the New York BBO file sanctions against attorneys who mess up filings or is it all on the client to file on a lawyer.

            I know the client has to report the attorney to the BBO.

          • The equivalent of a Board of Bar Overseers (BBO) in New York State is the Appellate Division of the State Supreme Court, which regulates and disciplines lawyers. Complaints against attorneys should be sent to the Appellate Division’s Attorney Grievance and Disciplinary Committee in the county where the lawyer’s office is located.

            The vast majority of complaints against attorneys are filed by clients. But other attorneys – and occasionally judges – also file such complaints.

About Frank Parlato

Frank Parlato Investigates

Frank Parlato is an investigative journalist.

His work has been cited in hundreds of news outlets, like The New York Times, The Daily Mail, VICE News, CBS News, Fox News, New York Post, New York Daily News, Oxygen, Rolling Stone, People Magazine, The Sun, The Times of London, CBS Inside Edition, among many others in all five continents.

His work to expose and take down NXIVM is featured in books like “Captive” by Catherine Oxenberg; “Scarred” by Sarah Edmonson; “The Program” by Toni Natalie, and “NXIVM. La Secta Que Sedujo al Poder en México” by Juan Alberto Vasquez.

Parlato has been featured prominently on HBO’s docuseries “The Vow” and acted as lead investigator and coordinating producer for Investigation Discovery’s “The Lost Women of NXIVM.” He was credited in the Starz docuseries, 'Seduced,' for saving 'slave' women from being branded and escaping the sex-slave cult known as DOS.

Parlato has appeared on the Nancy Grace Show, Beyond the Headlines with Gretchen Carlson, Dr. Oz, American Greed, Dateline NBC and NBC Nightly News with Lester Holt, where Parlato conducted the first-ever interview with Keith Raniere after his arrest, which was ironic since many credit Parlato as being one of the primary architects of his arrest and the cratering of the cult he founded.

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