This is the letter I emailed to the appropriate clerk for US District Court Judge Nicholas G. Garaufis.
September 5, 2021
The Hon. Nicholas G. Garaufis
U.S. District Court Judge
United States Courthouse
Room 1426 S
225 Cadman Plaza East
Brooklyn, NY 11201
RE: Request To Unseal Filings in U.S. v. Raniere Et Al/Case No. 1-18-00204
Dear Judge Garaufis:
I am writing, as a representative of the media and as a citizen of the United States, to request that you unseal both the Sentencing Memorandum and the revised version of that document that were recently filed on behalf of Nancy Salzman in the above-referenced case. In this regard, I believe that the original filing occurred on or about August 30, 2021 – and that the revised document was filed on or about September 3, 2021.
As you know, Nancy Salzman will be the fifth defendant to be sentenced in this case – the others being, in chronological order, Keith Raniere, Clare Bronfman, Allison Mack and Lauren Salzman. With regard to each of those other sentencings, the defendant’s Sentencing Memorandum – or, with respect to Clare Bronfman, her Response to the government’s Sentencing Memorandum – was filed openly on PACER and available for review by the respective victims of those defendants and the general public (See PACER Document 925 and Document 926 regarding Keith Raniere; PACER Document 927 regarding Clare Bronfman; PACER Document 1053 regarding Allison Mack; and PACER Document 1077 regarding Lauren Salzman). In addition, all the government’s Sentencing Memorandums for those same defendants were also openly filed on PACER so that they were available for review by the respective victims of the defendants and the general public.
For reasons that are yet unknown, Nancy Salzman’s attorneys apparently decided to file their Sentencing Memorandum on behalf of her “under seal”. In doing so, it appears that they violated the directions that are set forth in the attached “Guide To Filing Sealed Documents & Motions” with regard to the PACER filing system – which, insofar as I can ascertain, are applicable to this matter.
As set forth in the Guide, the general rule is that a party “…must file a Motion to Leave to File Under Seal and obtain leave of [the] court to file a Sealed Document of a Sealed Motion, unless the document is responsive to a motion or document already filed under seal”. The only exceptions to that general rule are as follows (None of these apply to the Sentencing Memorandums that were filed on behalf of Nancy Salzman):
- Plea Agreement Supplements;
- Motions pursuant to Rule 35 of the Federal Rules of Criminal Procedure and accompanying memorandums in support and responsive filings;
- Motions pursuant to Section 5K1.1 of the United States Sentencing Guidelines and accompanying memorandums in support and responsive filings;
- Pen register or trap and trace device applications pursuant to either 18 U.S.C. 3121 et seq. or 18 U.S.C. §2516 et seq.;
- Sentencing Memorandum Supplements; and
- Search and Seizure Warrant Applications.
Even if the local rules of the U.S. District Court for the Eastern District of New York permit the filing of a defendant’s Sentencing Memorandum to be done “under seal”, there are constitutional reasons – and long-standing traditions – that would argue against such a filing being allowed with respect to Nancy Salzman.
Federal courts have previously recognized that the public’s right to access court records is rooted in the First Amendment, the Sixth Amendment, and common law. In this regard, the First Amendment provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Although the First Amendment does not expressly address public access to court filings, it “goes beyond protection of the press and the self-expression of individuals to prohibit government from limiting the stock of information from which members of the public may draw.” First National Bank of Boston v. Bellotti, 435 U.S. 765, 783, 98 (1978). In addition, free speech carries with it the freedom to listen – and the right to “receive information and ideas.” Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555 (1980).
The Sixth Amendment provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial . . . .”. In this context, the term “a public trial” conveys the notion that the general public will be allowed to observe all the proceedings in court – as well as all the related filings – with respect to a criminal case unless there are extraordinary circumstances that would justify the limitation of those rights.
Over the years, numerous courts throughout the country have provided various reasons for allowing the general public to access court records and proceedings. As one commenter noted, these reasons include the fact that such access:
- Promotes informed discussion of governmental affairs by providing the public with a more complete understanding of the judicial system;
- Serves an important “educative interest”;
- Gives “the assurance that the proceedings were conducted fairly to all concerned” and promotes the public “perception of fairness”;
- Has a “significant community therapeutic value” because it provides an “outlet for community concern, hostility, and emotion”;
- Serves as a check on corrupt practices by exposing the judicial process to public scrutiny, thus discouraging decisions based on secret bias or partiality; and
- enhances the performances of all involved.
In addition to the fact that the general public has a right to know what Nancy Salzman’s attorneys have had to say on her behalf in their Sentencing Memorandum, there is, of course, the right of her victims to have access to that information. In this regard, these are people who were harmed by Nancy in a variety of ways – e.g., emotionally, financially, physically, psychologically, etc. – and who have a right to confront whatever misinformation is contained in that document.
According to numerous people with whom I have spoken over the years, Nancy is an inveterate liar: i.e., a person who lies without thought or remorse – and who does so even when telling the truth would lead to a similar outcome as lying. As a result, allowing her lawyers to file their Sentencing Memorandum “under seal” will only increase the likelihood that the document contains lies and mistruths since her attorneys were, in large part, dependent on whatever information Nancy provided them in response to issues that were raised in her Pre-Sentencing Report.
Given that Nancy is due to be sentenced on Wednesday, September 8th, I am requesting that your Honor unseal both the original Sentencing Memorandum – and the revised Sentencing Memorandum – that were file on behalf of Nancy by 12:00 Noon on Tuesday, September 7th. By doing so, you will give those individuals who plan to deliver their Victim impact Statement at her sentencing enough time to determine if there are any lies or mistruths in her Sentencing Memorandum – and to prepare appropriate responses to same.
Alternatively, you can approve the redacting of any information in Nancy’s Sentencing Memorandum that would otherwise be entitled to such treatment – and have the amended document posted on PACER. Once again, however, this should be done no later than Tuesday, September 7, 2021, so that her victims will have an opportunity to review – and respond to – any misinformation in it.
Thank you for considering this request.
Niagara Fall Reporter
The Frank Report
[…] 5: I wrote to Judge Garaufis asking him to require Salzman to file her sentencing memorandum […]
[…] after I sent my first letter, and not necessarily because of it, Judge Garaufis issued a sua sponte order in which he directed […]
[…] Sept. 5, I wrote to Judge Garaufis “Nancy Salzman will be the fifth defendant to be sentenced in this case – the others being, […]
I’m glad you took the time to file the letter to Judge Garaufis.
In a criminal case of this magnitude, I find it completely erroneous, that Nancy Salzman’s attorneys filed the document under seal.
BTW, great writing!
[…] It may be coincidental, but the judge’s unusual Labor Day sua sponte order concerning Salzman comes one day after Frank Report published Request to Unseal Nancy Salzman Sentencing Memorandum Filed by Frank Parlato so ‘Public Can Track … […]
the reason nxivm is protected…..stormy daniels was a nxivm member too!! she influenced Donald Trump and Governor weiner. remember that guy?
Send the judge info that Michelle Myers Salzman still does Nxivm work and that Nxivm still loves on with The Sculpted Vegan!
The one thing people are missing is that the judge was most likely on vacation most of the last week and had better things to deal with during his limited time in chambers.
The fact the Salzman’s attorney filed her sentencing memorandum not once – but twice – under seal, without first having gotten permission to do so is going to bite him and Salzman in the ass come Wednesday.
The judge has had his fill with NXIVM games in his courtroom.
This is just another game and Salzman has taken the bait right out of Raniere’s trap.
Keith Raniere knew what he was doing when his attorney called Salzman’s attorney suggesting to file the sentencing memorandum under seal.
Nancy Salzman, once again, listened to her Master and took his suggestion hook, line and sinker.
Wouldn’t it be a great idea to keep her information away from her victims and the general public?
Ha, ha, ha, Nancy, Keith Raniere screwed you one last time.
The information will be released. Maybe not in time for your sentencing. That’s not the point.
The few people who show up at your sentencing will survive because they’ve already survived you.
What Nancy doesn’t see is the bigger picture. How Raniere has convinced her to screw herself, again.
This action will piss off the judge just like Keith pissed off the judge – and just like Clare Bronfman pissed off the judge. Nothing like dealing with a judge when your actions have ruffled his feathers.
Why would Raniere want it any other way? Of course, he wants Nancy Salzman to get as much prison time as possible. He wants her to suffer. It’s what he enjoys the most in life, watching others suffer.
Nancy’s daughter didn’t get any prison time so she should do even more time is probably what Raniere is thinking. How can he make that happen?
Come up with a plan so Nancy and her legal team would make the judge angry.
No one else has filed their sentencing memorandum under seal – so why did Nancy Salzman do it?
Medical information and names of those who wrote letters on her behalf could have been redacted just like the others did in their sentencing memorandums. But that wouldn’t be good enough for the great and powerful Prefect.
Great comment. I don’t know if Keith was responsible. I think Nancy is a psychopath and believes rules do not apply to her. She saw she had to submit her paperwork just before the Labor Day weekend and thought likely no one will notice, so they filed it under seal. She truly believes rules do not apply to her.
I felt very inspired by what the Frank Report did. Because they shed light on her wrongdoings. Maybe even the prosecution had not realized what Nancy and her lawyers had done. I think that it is a good idea to always be sharpening my ax. Ready to justly take down my enemies.
Kudos frank !
For Judge Garaufis only dogs and animals count. If you love dogs and animals, Judge Garaufis will have mercy on you.
If Judge Garaufis learns that Nancy has a dog or pets that she will have to leave behind when she goes to prison, then the judge can sentence someone other than Nancy to probation or house arrest. Nancy need only attach the photos of her pets to her Sentencing Memorandum and write in her memorandum how attached she is to her pets and how attached the pets are to her, how quickly Garaufis’ heart then softens. If the judge sentences Nancy to probation and/or house arrest, I will laugh and think the judge is a senile imbecile.
The dog thing was an excuse to accept the plea bargain to get keith more years
The case is still open and the sealed documents may contain sensitive information relevant to the case!
Keith loved Tofutti. I wonder what the connection is between Carole Kass and her sister, Nancy Loshin Salzman…and since Milton and Lorraine were also Nxivm members…..what these letters can contain. time to get an open public records filing!! The entire family is perceived to be controlling and manipulative. Birds of a feather…
Perhaps Nancy has provided documentation of the corruption upstate including the FBI, DA Soares, politicians and State Troopers.
Judge Garafus did comment at Lauren Salzman’s sentencing that he found it incredible that so many crimes for so many years went unprosecuted. This could very well be the reason why the documents are sealed.
The sewers of Albany are flooding!
Nancy Salzman dumping information on any more criminal behavior is a day late and years in prison too short.
She should have thought of that three years ago.
People have taken their plea deals and Keith Raniere has already been sentenced to 120 years.
What would the DOJ do with any more information unless the NDNY would press additional charges, which hell would freeze over before that is going to happen.
Salzman’s lawyers most likely are taking to Raniere’s lawyers and are playing the NXIVM FU games with the DOJ, the Judge, and the public they normally play.
Salzman knows she is going to prison, so why not do what she can to give everyone the big middle finger on her way to the big house?
In the big picture, we all get the last laugh.
Let’s hope the Judge puts the cuffs on her right there and doesn’t allow her to go home and give her a final kiss goodbye to that new grandson.
Bye Bye, Nancy Salzman. We can’t wait to read how many months & years the Judge gives you.
Let’s hope he strips your right to talk to anyone who was ever in NXIVM except family.
Salamander either gave additional 11th-hour info on this cult or the Bronfman money has found its way into more pockets than we ever thought possible
The judge is not being accountable to the people of NYS nor the victims of Nancy Salzman. Bravo, Frank, for speaking up for them. Hopefully, the judge does not abdicate his role in entirety, speaks to our concerns and ultimately, sentences Salzman appropriately according to the prosecutors guidelines.
I feel like the judge might not have even realized they did this. The judge probably has thousands of other things happening to worry about. It was a good call from Frank on focusing the judge’s attention on this.
Since the prosecution recommended a long, high-end sentence for Nancy Salzman, and Judge Garaufis has the prosecution team’s information (and so much more,) plus his own research and knowledge about Nancy, I still think that Madam Salzman will get at least 41 months, and possibly considerably more, prison time.
“Madam,” as in a whorehouse madam and without the final “e.” This manner of bordello-like address seems so suitable as a form of realistic address for Nancy Salzman. So fancy was the awkward, supercilious Nancy, quite like an overflowing and hideous toilet full of Montezuma’s revenge. Just a madam to a gigolo, that does appear to fit Nancy quite well. Ah, the sociopathy!
Anyhow, the legalistic and so very defensive filing under seal, done by her lawyers, could’ve been done at her and/or her family members’ insistence. It seems rather obvious.
These people are very likely to want to keep their secrets, and possibly their own personal gains from “Nxivm” profits from being noticed (although it is too late for that blind eye to stay blind) or to be highlighted or investigated. Who was in the cookie jar, huh? Also, ask oneself, WHO would want their possible resultant “crimes” to remain off of the record? It sounds to familiar, almost as bad as Charles Dickens. Sorry, Charlie.
Could it be that the felonic criminal, Nancy, plus Nancy Salzman’s profiteers, her crew of moneymakers do not want to say too much? Their tension, these letter-writing, hornswoggled hornswogglers, it all must be thick right now. Imagine them pacing around with their plastic verticle blinds all in a bind. Hoo boy, what a gas, gas, gas!
Greed makes for a very strange and compromising set of bedfellows. Look at the Madoffs, who made off with so much and whose endings have been, consequently, extremely miserable. Go back and look at the dynasty made and unmade by the Albanese group called the Borgias, starting around 1455ish, and observe the thorough-going patterns of generations of corruption. Nothing much has changed.
And Cane slew Abel, or so the story goes. Now back to Nancy and her pile of salt. Her nachos, too.
What one hears is that the majority, if not the only people, who’ve written asking for leniency on Nancy’s behalf are those who are from her familial “cabal.” Life is funny that way. No letters for Nancy from Joan Osborne or even Huma Abedin, but tra la la la la. Now all is shabby and oh-so-muted.
Nancy Salzman is and has been a smalltime, but a longterm criminal, through and through, and in the end, Nancy was unsuccessfully hiding her venom and her bags of cash and her nauseating greed and thirst for power and status. The loathsome leader, the fucked-up Prefect, Salzman is in for troubles of her own now. Overdue.
Of course she spread some quantities money around like manure, after the ground thaws up north. Stinky business.
Nancy, it is now known, has harmed so many others with her hypocrisies and with her actions and words. What a cheap trick she has turned out to reveal herself as having been and as still being. Judge Garaufis isn’t blind to Nancy Salzman’s multiple track records of inhumanity disguised as helpfulness and her routine acts of certain, patterned types of godawful criminal advancement, performed with her supervisory superiority complex.
It is time for Nancy to pay, and that is regardless of her physical or her mental or emotional health now. It is appropriate and of service to all to rip Nancy Salzman a new one. As the saying goes, let Nancy serve herself a prison cell, for some earnest contemplation, contemplation which Nancy will never, ever do. But that is just too bad for Nancy. Enough time and opportunity had been tolerated already, for allowing her to harm anyone else.
She, alongside Keith Raniere,c ran a sick dynasty, egotistically and very nastily for years and years, and Nancy Salzman took plenty of profits. Then she had to spread the profitable evilness around, even sacrificing her two daughters, along with many other peoples’ daughters and sons.
She might have left too many obvious paper trails and cyberspace trails, too. Look at what was found at her so-called big, motherfuckerly household/domicile by LE, and even that house wasn’t really hers, either. Nancy Salzman is merely the equal reflection to Keith Raniere, the sperminator who got 120 years as his sign of executive success.
The concomitant potential for (familial) ramifications to befall Nancy’s cabal of so-called intimates, and for Nancy’s relatives and her inlaws to
have gained (hidden in plain sight) profits, thanks to Nancy Salzman, are tremendous, and now are like a lineup of possibly incipient personal tsunamis or hurricanes. Write letters for Nancy Salzman, then start to begin shaking, rattling and rolling. Poetic justice?
So, what else is new? How about that there is nothing new about Nancy Salzman; not a damned thing is either new or original about Nancy Salzman.
How toe-fruity can Tofutti get to be? The domestic gods and goddesses are wondering while watching out for any towers of babble to come or to cum, pouring out of the generosity of Nancy Salzman’s inveiglements. Is it tuna or is it chicken? Babble or more Babel? I can dream alone and out loud, not frozen in time or space. Dreams are still free.
Plus, the only “Kass” namesake whom I have ever known was a very productive and slim man, an architect who worked hard for his education and who made an honest plus a profitable living and who retired long ago in great comfort, as well as elegance. No Kass for alarm.
And as a sidenote, I do not and have never eaten any Kass products of frozen yogurt or anything else from Kass, ( rhymes with ass and with alas) just by some fortunate chance. Now, given certain Salzman involvements, who would want to eat sh*t? Just asking.
Any fool with a small, simple freezer can fashion one’s own frozen desserts. And the fro-yo benefits from Nancy Salzman’s “money-laundering largesse” could’ve caused certain people to be a lot more nervous than usual, ever since Nancy Salzman got herself arrested. So seal up the leakages, boys and girls. Good luck with that.
Follow the money. Zzzzzzz. It is boring and it is boaring, like the grunts of avaricious and inadvertently, terribly noisy swine. These bore and boars could probably even wake the dead.
Look who has a reason to keep masks in front of their pieholes. This is a scenario all too, too akin to a badly written soap opera. Tutti. Cosi fan tutte. Tofutti.
That is, it is ordinary unless you happen to have been seriously and personally victimized or have had to see it happen to one of your friends or loved ones. Thanks to Nancy Salzman, so many people were given what is essentailly worse than failed help. Signed, SEALED and delivered.
It’s quite possible that Nancy was able to get quite a few letters-of-support from former NXIVM members and/or current clients. All those letters will be in a separate appendix to the Sentencing Memorandum – which, of course, we may never see.
According to our sources, Nancy was very active in recruiting people to write letters-of-support on her behalf. And it would certainly not be beneath her to pay people to write such letters.
Kristin Kook once acted in (and wrote?) a short play paying tribute to her mentor, Nancy. Maybe Kook will perform the play again at the sentencing hearing.
Wait. What? Frank – how do we read this play?
People here have said it was performed at Nancy’s birthday party as a tribute. Maybe they have the info on the play.
Thanks for answering. I just love bad cringey theater. This sounds primo.
Someone (Frank?) Please post a script or video. Please.
Really (also) some full length v-day celebrations would also be appreciated.
Those are so so squirmy.
Wow, this letter is so eloquently written, bravo!
My thoughts exactly!
Frank is an ardent wordsmith.
You are formidable, Frank. Bless you for doing this.
Way to go, Frank!!
Nancy must be pretty scared to have her attorneys seal the documents without the Judge’s permission.
She had treatment for her breast cancer, which has been completed. She had bunion surgery over the winter and if the cancer was active they would not have done that surgery. So her health is not in question. However, her mental health may be getting to her – KARMA is a bitch!!
I like your move, Frank. “Mrs. Salzman” loves you a lot more now, if she hadn’t so far. :-)))
You’re such an impossibly hard to eradicate pest for NXIVM orchestrators. :-))
Who can you appeal to, Frank, if the judge doesn’t follow the rules and unseal them? Supreme Court? Who files that motion? Would Nancy’s probation and not jail be considered a mistrial?
In general, an appeal from a U.S. District Court is filed with the appropriate Court of Appeals – which in this case would be the Second Circuit Court of Appeals.
As a member of the media, it’s quite likely – but not 100% certain – that Frank has standing to bring such a motion.
If Nancy were sentenced to some combination of Home Confinement and Probation, that would not constitute a mistrial. In my opinion, however, it would most definitely constitute a miscarriage of justice because, as I’ve stated on numerous occasions, without Nancy’s involvement, NXIVM/ESP would have never been as expansive and pervasive as it was.
Someone file an open public records request for documents!!! Even if the criminal trial is over and the judge escapes censure, it would still help the civil case!!
Say that Nancy gave 11th-hour information about the crimes of Nxivm and its criminal cabal – resulting in ongoing investigation(s)
Couldn’t that knowledge stay sealed until they have properly built cases and filed charges?
Caution taken for flight risk, ongoing investigation, destruction of evidence, etc.
And if Nancy (thru her attorneys) dumped evidence/documents, financials, etc. at the last moment, they would need time to assess – no?
More likely it is related to Nancy’s health (mental included) and medical state.
All of the things you raise as possibilities are, in fact, possibilities.
But none of them would automatically explain why Nancy’s entire Sentencing Memorandum was filed “under seal”.
I could certainly understand if her attorneys wanted to redact any information related to her “health (mental included) and medical state”. But, once again, that does not justify filing the entire document “under seal”.
Thank you for your response!
Even if the judge allows it to be unsealed, it’ll be too late to formulate a response plan. Also, if he sealed them without permission and Nancy only gets probation, is there anything that can be done to get a resentencing or get the judge in trouble? If we can’t, then the judge knows he can do whatever he wants since there is no accountability.
Under seal is to protect the letters probably written by Steve Kass of Tofutti and Carole Kass, sister of Nancy Salzman Loshin. Steve is Nancy’s brother-in-law.
The names of the letter writers could have been redacted – just like they were in the Sentencing Memorandums that were filed by several of Nancy’s co-defendants.
Great article title
Thank you very much for fighting for this. Also, I think you and your team understand more than anyone the dirty tricks nxivm members are doing and can contextualize them. I think most are unaware of what it means to have nancy seal her documents.
Thank you for taking the time to explain to everyone and then also fighting for what is right.
Would the co-founder of the NXIVM crime gang-cult lie?
Of course she would!
Excellent move, Frank!
Absent compelling reasons, court proceedings must be open to the public. It’s essential for democracy.
And if not open to the public, is there a retrial? Does the judge get censured?
No – and most likely No.
Good on you, Frank. Let’s hope the Judge makes it so.
The judge doesn’t care. Somehow he’s in with nxivm or politically connected. The judge doesn’t have the guts to sentence nancy to prison. It’s time for a corruption and scandal investigation. Heavy protections for nxivm members by political forces and law enforcement agencies who are too scared of nxivm.
If you’ve been following this case at all, you would know that Judge Garaufis is definitely not in NXIVM/ESP’s pocket. And if you have any doubt about that, ask Keith Raniere and Clare Bronfman what they think.
You have got to be kidding me. Keith Rainier got 120 years and Clare Bronfman got more time than her original agreement.
Nancy is not walking away with no time. She will do at least 4-5 years. This hair brain stunt she and her attorney just pulled, will totally backfire in her face come September 8th.
If you have never watched this Judge give an ass-chewing, stand by, get some popcorn. It’s amazing