Confirmed: Nancy Salzman Filed Sentencing Memorandum on Monday – It Is Still Missing From PACER

Where is Nancy Salzman’s sentencing memorandum?

Apparently, Nancy Salzman’s attorneys did file her sentencing memorandum by 5:00 PM on August 30th, thereby meeting the deadline.

However, as of press time, it is nowhere to be found on PACER.

The sentencing memorandum, along with five other NXIVM case-related filings – which could be filings related to any of the six defendants in USA v Raniere et al –  are also missing.

The six NXIVM defendants : Top row l-r: Kathy Russell, Keith Raniere, Nancy Salzman. Bottom row: Allison Mack, Lauren Salzman, Clare Bronfman.

There is a gap on PACER from filing 1098 to filing 1102.  Salzman’s sentencing memorandum, in which her attorneys argue she should get leniency when she is sentenced on September 8th – and which will be accompanied by letters of support from friends and family members  – among the missing.

***

Also, oddly enough, the daily calendar for U.S. District Court Judge Nicholas G. Garaufis – who be sentencing Nancy on September 8th – currently has nothing scheduled for that day.

Though we have seen no evidence that the sentencing of Nancy Salzman will be postponed, the online calendar of Judge Garuafis remains completely clear for the date of September 8.***

PACER is the federal court system where attorneys can electronically file any documents realted to cases they are working on. Except for documents that are filed “under seal”, any filings on PACER are available to any member of the general public who has a PACER account.

For four days, speculation was rife as to whether her attorneys had filed the sentencing memorandum on a timely basis.

Today, we found proof that they did so.

The following letter appeared on PACER mid-afternoon today – indicating it had been filed earlier today by Salzman’s attorney, Robert Soloway.

“Re: United States v Nancy Salzman 18 Cr. 204 (NGG)

“Together with David Stern, I represent Nancy Salzman in the above-captioned matter. We respectfully request leave to re-file our August 30, 2021 sentence submission to correct formatting errors which occurred without our awareness in the conversion of the document to PDF, and to add one letter to “Exhibit A – Family Letters,” which was left out of our filing by oversight.

“We also correct in the text at page 2 the number of letters in Exhibit A from six to seven. Finally, one typographical error in Footnote 5, in which the word “which” appears twice in a row by mistake, has been corrected.

“In each and every respect, other than as specifically set forth herein, the letter is identical to that filed on August 30, and we respectfully request that the letter being filed this date be substituted in the record for that which was filed by our office on August 30.

“Thank you very much for your attention to this matter.

“Sincerely,

“Robert A. Soloway”

Nancy Salzman was as happy as a Cheshire cat who had eaten a bird when she emerged from her guilty plea on a single charge of racketeering. She is accompanied by her attorneys David Stern ‘l] and Robert Soloway ]r].

Judge Nicholas G. Garaufis granted the attorney’s request today as follows on the docket : “Defendant Nancy Salzman’s [1103] request to re-file her August 30, 2021 sentencing submission is GRANTED. Ordered by Judge  on 9/3/2021. (Kelly, Sean)”

Though one legal source familiar with the case said he suspects the original sentencing memorandum was filed under seal, this does not explain why a previous record of it being filed under seal does not exist.

Per the “Guide To Filing Sealed Documents and Motions”, Nancy’s attorneys should have asked permission to file her setencing memorandum under seal. And the judge’s decision to allow them to do so – or not to do so – should have been noted on the public record.

Here is the exact wording from the Guide: “The Court’s order ruling on the Motion for Leave to File Under Seal will not be sealed from public view.”

But there is no record of Judge Garaufis issuing an order granting permission for the sentencing memorandum to be filed under seal.

And since it was filed and will merely be amended via today’s actions, it remains to be seen if the revised version will appear on PACER.

The fact that it was filed suggests that the sentencing will go on as scheduled for Wednesday.

“One of the important reasons for a public filing of the document is that the victims who intend to speak have the right to know what she and her attorneys claim in the sentencing memorandum in case they wish to contradict it,” said FR legal correspondent K.R. Claviger.

If the sentencing memorandum was filed under seal, it is unclear why there is no notice of it on Pacer and why Judge Garaufis did not mention it in his order today.

The court has guidelines on filing under seal.

Sentencing memorandums are not normally filed under seal, though it is common to redact portions of them where health or other sensitive information is revealed to the court.

The prosecution’s sentencing memorandum on Salzman was NOT filed under seal. In it, the prosecution recommended Salzman spend 41 months or more in prison.

Based on their recommendation, unless she has compelling evidence of repentance or new evidence of cooperation with the prosecution, Nancy is like going to be sentenced to prison and may possibly be remanded to custody following sentencing.

Her daughter, Lauren Salzman, got probation from the judge for two racketeering related counts, while mother Nancy, the first to take  plea bargain, pleaded guilty to only one  crime – racketeering conspiracy.

In their sentencing memorandum for Lauren, the prosecution recommended leniency because she cooperated with the government in convicting Raniere.

Lauren was singled out for praise by the prosecution because she gave evidence of crimes against her “close friends, family members and even her own mother.”

It is not believed that Nancy offered any such cooperation.

What we did learn from the request to refile the sentencing memorandum is that Nancy has seven letters from family members.

Speculation was rife this week when the memorandum was not seen publicly [all other sentencing memorandums on behalf of defendants in the case were filed publicly rather than under seal – and some had a few redaxted sections] that maybe Nancy made a last minute deal with prosecutors to inform on Keith Raniere of other crimes.

Nancy Salzman has aged considerably in recent years and has undergone twin radical mastectomies in addition to the stress of being arrested, convicted and spending three years on house arrest.

Among things she might know about but has not spoken publicly about are:

  1. What happened to Kristin Snyder, who disappeared from a NXIVM class in 2003 and has never been heard from again?
  2. What really happened to Gina Hutchinson, the woman who was found dead with a gunshot wound to her heard, a former girlfriend of Raniere’s?
  3. Where is Pam Cafritz’s body?
  4. Did any public officials or law enforcement officers accept bribes to prosecute NXVM enemies?
  5. Did Raniere order the planting of child porn on John Tighe’s computer or bribe state officials to “find” it there?
  6. What was the true extent of the NXIVM investigation into federal judges and other officials, evidence of which was discovered by the FBI in boxes in her home?
  7. Is there more cash lying around hidden other than then $520,000 in cash found in her home?
  8. Where is the collateral located on the DOS slaves and potentially other compromising information?
  9. What did Raniere do with Camila when she was 15, as corroborated of Camila’s own statements?
  10. To what extent were drugs and sedatives administered to students when they became unruly other than the one instance that Lauren Salzman admitted to giving to one surreptitiously?
  11. What does she know about the smuggling of money from Mexico and who was involved in this illegal operation?
  12. What does she know about the numerous Mexicans who were brought into the U.S. illegally or who stayed here lomg after their visas had expired?

It is interesting that among the Assistant US Attorneys involved in this case is Kevin Trowel whose work seems focused on public corruption, something that has yet to be prosecuted.

According to one source, the investigation into the NXIVM criminal syndicate is not completed and it remains an open case.

 

 


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Frank Parlato

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  • It’s possible that some of the letters of support were not written by family members but by Nancy Salzman herself. That is why they have been filed under seal, to hide the lies.

    The other reason is we know that several letters are going to be from ex-NXIVM members who never saw the evil side of Nancy Salzman or are still drinking the kool-aid of her and Keith Raniere.

    This would be brought to the Judge’s attention and why the NXIVM playbook tactic was played.

    They got away with the first sealed filing so why not go for the second right before the holiday weekend?

  • If nancy is on house arrest, how is nancy in NJ seeing her sister Carole Kass and mother Lorraine Loshin multiple times?

    • You raise an interesting question about Nancy’s travels since she’s been on Home Confinement. One of the conditions of her bail was that she could only travel within the Northern District of New York and the Eastern District of New York unless she had first obtained permission from the court to do so. And she did make several such requests – all of which I think were approved by Judge Garaufis (All of those requests – and all those approvals – were duly noted via PACER filings).

      Interestingly enough, there are no filings on PACER regarding Nancy going to New Jersey for the burial of her recently deceased father. The only explanations I can think of for that omission are: (1) Nancy made the trip without permission – which, given that she’s still supposed to be wearing an ankle bracelet, would be hard to do; (2) Nancy asked for permission to make the trip and permission was granted – but all those filings were done “under seal”; or (3) Nancy didn’t go to the ceremony.

      As I said before, the Nancy Salzman Mystery Train keeps rolling along…

    • Lorraine Loshin and her husband took a couple of NXIVM courses early on.

      Keith gave his sex talk with the two of them in the room along with Edgar Boone’s parents.

      I’m sure Mama Loshin won’t mention that in her letter of support about Nancy.

  • Sep 3, 2021

    ORDER: Defendant Nancy Salzman’s 1103 request to re-file her August 30, 2021 sentencing submission is GRANTED. Ordered by Judge Nicholas G. Garaufis on 9/3/2021. (Kelly, Sean)

    • This was one of the two documents that were filed on PACER on Friday, September 3, 2021. The other was a letter from Nancy’s attorneys requesting permission to file an amended Sentencing Memorandum.

      Neither document mentioned that the original filing was done “under seal”.

      Nor is there anything in the docket to indicate that permission was requested to file the original Sentencing Memorandum “under seal”.

  • ROTHMAN, SCHNEIDER, SOLOWAY & STERN, LLP
    Attorneys at Law
    100 Lafayette Street, Suite 501
    New York, NY 10013
    Franklin A. Rothman
    Jeremy Schneider
    David Stern
    Robert A. Soloway

    Fax: (212) 571-5507
    Tel: (212) 571-5500

    September 3, 2021
    By ECF
    Hon. Nicholas G. Garaufis
    United States District Court
    225 Cadman Plaza East
    Brooklyn, New York 11201

    Re: United States v Nancy Salzman
    18 Cr. 204 (NGG)

    Dear Judge Garaufis:
    Together with David Stern, I represent Nancy Salzman in the above-captioned matter. We respectfully request leave to re-file our August 30, 2021 sentence submission to correct formatting errors which occurred without our awareness in the conversion of the document to PDF, and to add one letter to “Exhibit A – Family Letters,” which was left out of our filing by oversight. We also correct in the text at page 2 the number of letters in Exhibit A from six to seven. Finally, one typographical error in Footnote 5, in which the word “which” appears twice in a row by mistake, has been corrected. In each and every respect, other than as specifically set forth herein, the letter is identical to that filed on August 30, and we respectfully request that the letter being filed this date be substituted in the record for that which was filed by our office on August 30.

    Thank you very much for your attention to this matter.

    Sincerely,

    Robert A. Soloway

    cc: AUSA Tanya Hajjar
    (By ECF)
    RAS:sc

    • This is the letter requesting permission to file an amended Sentencing Memorandum.

      Since the request was granted by Judge Garaufis – and since the amended Sentencing Memorandum has not shown up on PACER – it seems safe to assume that it was also filed “under seal”.

    • One of the interesting tidbits in this letter from Nancy’s attorneys is the fact that seven (7) members of Nancy’s family have apparently filed letters-of-support on her behalf.

      So, let’s see if we can figure out who those seven people are.

      Her two daughters, Lauren and Michelle, are certainly likely candidates.

      And Michelle’s husband, noted hack-master Ben Myers, probably sent one as well.

      And Nancy’s sister and her husband, Carole Loshin Kass and Steve Kass, would add two more – bringing the total to five.

      And Nancy’s mother would bring the total to six.

      But who is #7?

      Nancy’s late father?

      Michelle and Ben’s one-month-old baby?

      A previously undisclosed third child – or perhaps a recently adopted one?

      A new husband – or a new wife?

      The Nancy Salzman Mystery Train rolls on…

      • Steve Kass of Tofutti who is Nancy’s brother-in-law would be another one, as would Nancy’s sister, Carole Kass. Filing things under seal is protecting these people too.

    • The document is under seal because one or many of the supporting letters about Nancy are under seal to protect the people who wrote supporting letters for Nancy. Some of Nancy’s supporting letters were from family members who are prominent in business and didn’t want to be exposed for supporting their criminal relative. I wonder if Steve Kass of Tofutti supported his sister-in-law, Nancy Salzman Loshin, as just one example.

      • It is quite common for the names of those who write letters-of-support to be redacted. Wanting to keep that information from Nancy’s victims and the general public does not justify filing the entire Sentencing Memorandum “under seal”.

      • Steven Kass is 64, he’s been the Chief Financial Officer, Secretary, and Treasurer of Tofutti Brands since 1987. There are 4 older and 2 younger executives at Tofutti Brands. The oldest executive at Tofutti Brands, Inc. is David Mintz, 88, who is the Chairman & CEO.

        Steven Kass biography
        Steven Kass is Chief Financial Officer, Secretary, Treasurer of Tofutti Brands Inc. He has been our Chief Financial Officer since November 1986 and Secretary and Treasurer since January 1987.

        What is the salary of Steven Kass?
        As the Chief Financial Officer, Secretary, and Treasurer of Tofutti Brands, the total compensation of Steven Kass at Tofutti Brands is $125,000.

        Tofutti would fit right in with NXIVM crowd. Wonder if it was sold in their café?

        Tofutti Brands, Inc. engages in the development, production, and marketing of dairy free, vegan frozen desserts, cheeses, and other food products under the TOFUTTI brand in the United States and internationally. It offers frozen desserts, including frozen sandwiches and chocolate-coated crispy cones; bars; dairy free vegan cheese products, such as cream cheese, sour cream, cheese slices, and dairy free ricotta cheese alternatives; spreads; and frozen food products comprising frozen crepes. The company sells its products through independent unaffiliated food brokers to distributors, as well as on a direct basis to retail chain accounts or to warehouse accounts that directly service chain accounts. Tofutti Brands, Inc. was founded in 1981 and is based in Cranford, New Jersey.

        Good thing he never took NXIVM course he wouldn’t of been so successful

  • It’d be good if Judge Garaufis has a few surprises waiting for Nancy Salzman and very disappointing if he doesn’t.

  • We will find out what her sentence is next week. Until then, unless someone has insider information, opinions are speculation.

  • Of course, Nancy Salzman’s attorney is going to file it under seal again, she has very little to lose, she is going to prison. He got away with it once and it’s a three-day weekend.

    How about we lay down some odds she ends up in the hospital the night before her sentencing so she doesn’t even make it to court on the 8th.

    Her ex-husband is a doctor, he could admit her. Hasn’t he written prescriptions for people who were not his patients but were NXIVM members having mental issues?

    Of course, the Judge would most likely blow a fuse, but what could he really do? She’s sick and in the hospital. She’s gotten out of deposition this way. How better to not have to face the people who are there to say a few words to her in front of the Judge and who have sent in videos

  • It’s one more form of control over others from Nancy Salzman.

    One more F&%$ You from her to the people she damaged and those who would write about her sentencing memorandum.

    It’s what she does best. It shows how evil she can really be. Of course, she won’t take an ounce of responsibility for this happening. The blame will fall all on her lawyer.

    Not taking responsibility is what she does best.

    She may get the second to the last laugh but we all get the last one, Nancy Salzman.

    We get when we read how much time you get to spend in prison. We get to pop that champagne bottle and make a toast when you are finally locked away to deal with your crimes and crimes against humanity.

    Not all of us are brave enough to speak up in public or in the paper to you. We stand beside those who are.

    Don’t think for a minute it’s just a small group of unhappy people, it isn’t. You have damaged thousands, Nancy Salzman. You know that and have to live with that.

    If you’re honest with yourself you can heal that within yourself and within the world. If not, you will have to do it with God. The choice is yours.

  • As of 8:00 AM on Saturday, September 4th, there are no additional filings on PACER with respect to this matter. That strongly suggests that Nancy’s attorneys filed their revised “Sentencing Memorandum” under seal just like they did with the original version of it.

    Although Nancy and Keith typically operated without regard to whatever rules and norms applied to what they were doing, I would have expected her attorneys to abide by the applicable procedures for filing a document under seal. Sadly, that does not appear to be the case.

    As a result, those brave souls who travel to New York City on September 8th to speak at Nancy’s sentencing will not know what false claims she may have made about herself – or worse yet, what false aspersions she may have cast on them – in that “Sentencing Memorandum”. And Nancy is known to be an inveterate liar.

    But isn’t this flaunting of the rules a wonderful example of how Nancy has lived her life?

    Why spend two more years in college to earn a Bachelor’s Degree when I can just claim to have one without all that work?

    And why spend all that money to earn a Master’s Degree when I can just add those letters after my name – and no one will know the difference?

    And why would I go through all the hassle of getting licensed as a Mental Health Counselor when I can just call myself a psychotherapist – and people will hire me?

    And why intervene when I see that Keith is about to lure Camila into a sexual relationship even though she’s only 15? I would have let him do the same with my daughters if he had asked me.

    And on and on and on…

    A life of lies and deception right to the bitter end.

    • Shameless Nancy Sleazeman.

      Does this mean she and her defense team flaunted the judge’s request or order? What can we expect from him then?

      • What they flaunted are the standard rules for filing things “under seal” on PACER (We’ll post a copy of those rules in the near future). And based on Judge Garufis’ response yesterday, it looks like he’s going to let them get away with it (More on that later).

        • I think the victims should seek a court order to remove it from under seal, or pursue whatever legal recourse necessary which will rectify the breach of process. People shouldn’t be able to flaunt the rules and victimize others even more when they are supposed to be held accountable.

          By a number of accounts given here, Nancy seems like a morally reprehensible woman, so anyone “mentored” by her should seek professional help to get all of the mental and psychological gunk she NLPeed into them out of their system.

          • It’s quite possible that Judge Garaufis is personally unaware of what happened with this filing. Between last week being the lead-up to a 3-day weekend – and the flooding damage that occurred in New York City – the fact that this filing was done “under seal” may have gone unnoticed.

            But Frank’s letter to the judge will certainly bring the matter to his attention on Tuesday.

            At this point, all we can do is hope that Judge Garaufis unseals the documents – and gives Nancy’s victims and the general public the opportunity to see if she’s still lying about her role in NXIVM/ESP’s criminal enterprise.

    • I hope the judge sees through this and punishes this behavior. It does affect victims to not know what lies she is saying.

      She always feels the rules do not apply to her. Typical psychopath.

      Great comment as always, Claviger

    • Thanks for your courage listing the depth and breathe of Nancy’s deeds. The judge may not do his job, but you have!

  • Frank-

    The milk carton with Nancy Salzman is one of your best photoshop pics!

    LMAO!

    I forgot about those 80s milk carton pics.

  • Why the prosecution and the Judge have kept this from the public is beyond anyone who has an interest in this case.

    Come on, guys, release the documents.

    • Political blackmail. People are scared of nxivm members. Too many high-level people involved with nxivm. It’s like a secret organization like in the movie Eyes Wide Shut!

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.

IMDb — Frank Parlato

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