In a rare move, Judge Nicholas Garuafis – on Labor Day, a federal holiday, when the court was not open – issued an order.
And per that order, Nancy Salzman now has to file her sentencing memorandum, like everyone else, publicly.
He issued this order: “Defendant Nancy Salzman is DIRECTED to file a redacted copy of her sentencing submissions by 12:00 p.m. on September 7, 2021. Ordered by Judge Nicholas G. Garaufis on 9/6/2021. (Kelly, Sean)”
Salzman had mysteriously – and in pretty clear contravention of the applicable rules – filed her entire sentencing memorandum under seal. And just to underscore that she doesn’t think most rules apply to her, she did that twice.
It will now be public except for certain personal matters such as health or other normally confidential issues. Requiring her to file the document publicly has everything to do with the public’s right to know the workings of the government – and it is a longstanding principle of freedom that matters before the judiciary are not done in secret.
Of course, it is understandable that Salzman would want to keep her sentencing memorandum from the public. It will now be subject to scrutiny, especially by this publication – and should it contain any lies, as she has been known to do on occasion, Frank Report will not be shy in publishing the truth.
Additionally, Salzman had a gigantic role in NXIVM and she has been clearly trying to downplay it. She took a plea deal back in 2019 – the first to hop aboard the plea bargain bus – thinking that sentencing guidelines might be the guide to what she could expect as a sentence.
She did not understand – and apparently, her attorneys failed to inform her – that a plea deal with the feds is not worth the paper it’s printed on – since the judge can do anything he damn well pleases in meting out a sentence – up to the max sentence for the crime.
In her case, the maximum sentence is 20 years for racketeering conspiracy. Her original sentencing guidelines suggested a prison sentence between 33 and 41 months – but the revised guidelines, as calculated by the Department of Probation, are 41 to 51 months. Notwithstanding the higher guidelines calculated by Probation, the prosecution has recommended the judge hit the high end of the 33 to 41 month range.
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 Her Lies’
In this post, I published my letter to the court asking the judge to not permit Salzman to deny the public the right to know what tales she is spinning about her role in NXIVM. Those who are traveling across the country to speak at her sentencing hearing, which takes place tomorrow, have the right to read it and, if/as necessary, contradict or endorse that which she or her attorneys have written about her,
Sadly perhaps for Salzman, who hopes to stay as far below the radar as she possibly could, her role in the history of NXIVM whether for good or evil is not obscure.
While she was with NXIVM, she was known as “Prefect” – and was the second most highly respected person in the group she co-founded with Keith Raniere in 1998.
The New York Times today wrote a prominent story about Salzman and if she was seeking to be low-profile, this story was certainly not quite helpful.
We will be reporting on the Salzman sentencing memorandum as soon as possible after it is filed and posted on PACER.