Kathy Russell to Be Sentenced on October 6

Kathy Russell

The last of the NXIVM defendants has just been scheduled for sentencing.

Here is Judge Nicholas Garaufis’s order:

ORDER: Defendant Kathy Russell’s sentencing hearing is SCHEDULED for Wednesday, October 6, 2021 at 11:00 a.m. The court DIRECTS the parties to adhere to the following schedule with respect to their sentencing submissions: the Government shall submit its sentencing submission by Wednesday, September 22, 2021, and Ms. Russell shall submit her sentencing submission by Wednesday, September 29, 2021. The Government shall submit any Victim Impact Statements by Monday, September 27, 2021 and shall inform the court whether any victims wish to speak at the sentencing hearing by Friday, October 1, 2021. Ordered by Judge Nicholas G. Garaufis on 9/9/2021. (Kelly, Sean)

Russell was arrested on July 23, 2018, when a second indictment was unsealed, adding new charges for Keith Raniere and Allison Mack – and adding our more Defendants: Clare Bronfman, Nancy Salzman, Lauren Salzman, and Russell.

Defendants Raniere, Clare Bronfman, Allison Mack, Kathy Russell, Nancy Salzman and Lauren Salzman were charged with

  1. racketeering conspiracy
  2. forced labor conspiracy
  3. wire fraud conspiracy
  4. sex trafficking conspiracy
  5. sex trafficking
  6. attempted sex trafficking
  7. conspiracy to commit identity theft.

After unsuccessfully trying to sever her trial, Russell pled guilty to Visa Fraud on April 19, 2019.

Russell was NXIVM’s bookkeeper and worked directly with Raniere, Nancy Salzman, and the other top people in the NXIVM organization.

The prosecution named her as one of Raniere’s Inner Circle and she was a member of Raniere’s harem.

Russell was also responsible for making the annual cash rental payments for the apartment for Camila, another woman in the harem from 2011 until Camila left New York and returned to Mexico in 2017.

When Camila’s sister, Daniela, another of Raniere’s harem, and a Mexican national, tried to get back into the USA, she was told she could not reenter legally. She undertook to renter illegally and, with the aid of Russell, they devised a plan for Daniela to go to Canada, and utilizing a dead person’s sheriff’s identification card, cross the border into the US.

Daniela testified that was Raniere’s idea.  The sheriff’s card was procured by Russell.

Russell traveled to Canada to escort Daniela across the border into the U.S.  Daniela told immigration authorities that she was the dead person whose ID she carried and was successful in crossing under a fake name.

Daniela returned to Raniere’s harem in Albany and at one point, she testified that Raniere wanted her and Russell to enter into a threesome. Daniela claimed she was uninterested but Russell reminded her that she owed her for the risk she took to get her into the country.

In making her guilty plea, Kathy Russell admitted to one criminal act.

She stated:

On or about February 2014, I knowingly and intentionally presented a document to the United States Consulate in Mexico that contained false statements, specifically in support of a TN visa . . . [f]or Loretta Garza Davila.

I submitted the document that I knew contained materially false statements regarding Miss Garza’s job description and salary. This document, which I signed, described Miss Garza’s job title to be a management consultant at NXIVM Corporation and stated she would provide advice on strategic marketing needs of NXIVM.

While Miss Garza did perform some of the duties described in the letter, she spent most of her time developing and running a separate company called Rainbow Cultural Gardens…

I knew Miss Garza worked for Rainbow Cultural Gardens, but I submitted a letter on her behalf that intentionally omitted that fact.

I also knew that Miss Garza was not keeping the full amount of the salary listed in that letter. The letter that I submitted was required to be filed by the immigration laws.

***

When Russell first entered a guilty plea, the prosecution said that their estimates of her sentencing guidelines showed a ranger from six months to 18 months. As we have seen with the other defendants, the sentencing guidelines estimated by the prosecution when they were eager to lure defendants into plea deals were not terribly accurate.

We have also seen that Judge Garaufis is not terribly inclined to follow guidelines. He sentenced Clare Bronfman to triple the guidelines and granted both Lauren Salzman and Allison Mack major downward departures from their guidelines.

Mack’s guidelines were 14-17.5 years and she got three years, while Lauren Salzman had guidelines close to 10 years and got probation.

Judge Garaufis’s litmus test in sentencing seems to be whether the defendant is still under the thralldom of Raniere. Bronfman refused to disavow Raniere and got a harsher sentence for lesser charged crimes than Salzman or Mack, who both denounced Raniere.

How hard Russell denounces Raniere may be a factor in whether she gets probation or goes to prison.

As a final note, Russell probably would not have been charged at all if it was not for some bad advice she took from her attorney. She went to the grand jury –and instead of pleading the 5th on all questions or, alternatively, answering all questions with a guarantee of immunity from prosecution, she chose instead to answer some questions and take the 5th on others.

It did not turn out too well for her and in a future post, we will explain how that led to her being charged instead of avoiding charges like others of NXIVM who were in similar circumstances but had better legal representation.

Suffice it to say that Russell was by far the lowest ranking member of NXIVM to be charged.

 

 


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Frank Parlato

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  • U.S. Department of Justice
    United States Attorney
    Eastern District of New York
    TH 271 Cadman Plaza East
    F. #2017R01840 Brooklyn, New York 11201
    September 10, 2021
    By ECF
    The Honorable Nicholas G. Garaufis
    United States District Judge
    United States District Court
    225 Cadman Plaza East
    Brooklyn, New York 11201
    Re: United States v. Kathy Russell
    Criminal Docket No. 18-204 (S-4) (NGG)
    Dear Judge Garaufis:
    The government respectfully requests an extension until September 29, 2021
    to submit its sentencing memorandum as to defendant Kathy Russell. Counsel for Russell
    has no objection to this request.
    Respectfully submitted,
    JACQUELYN M. KASULIS
    Acting United States Attorney
    By: /s/
    Tanya Hajjar
    Assistant U.S. Attorney
    (718) 254-7000
    cc: Counsel of Record (by ECF and email)

    Clerk’s Office
    File Date:
    9/10/2021
    U.S. DISTRICT
    COURT-EDNY
    BROOKLYN
    OFFICE
    TH
    F. #2017R01840
    ByECF
    The Honorable Nicholas G. Garaufis
    United States District Judge
    United States District Court
    225 Cadman Plaza East
    Brooklyn, New York 11201
    U.S. Department of Jnstice
    United States Attorney
    Eastern District of New York
    271 Cadman Plaza East
    Brooklyn, New York 11201
    September 10, 2021
    Re: United States v. Kathy Russell
    Criminal Docket No. 18-204 (S-4) (NGG)
    Dear Judge Garaufis:
    The government respectfully requests an extension until September 29, 2021
    to submit its sentencing memorandum as to defendant Kathy Russell. Counsel for Russell
    has no objection to this request.
    By:
    cc: Counsel of Record (by ECF and email)
    Respectfully submitted,
    JACQUELYN M. KASULIS
    Acting United States Attorney
    /s/
    Tanya Hajjar
    Assistant U.S. Attorney
    (718) 254-7000
    Application granted.
    S~ Orde — H n. N

  • Based on all that I’ve read here on FR for the past 3 years – there are plenty of other nex members that deserve more legal scrutiny and/or incarceration time than Kathy. It’s just a little concerning that none of them will be indicted or put on the stand.

    I don’t want the rest of her life destroyed – but that’s easy for me to say as an outsider. I hope that Ivy, Susan, Sarah, Sylvie, Jaye, Nicole, Cami, Daniela and all the rest are ok with the outcome when Kathy is sentenced.

    I hope y’all get what you need at the sentencing and can start putting this chapter to bed in your lives

    And yo – where is Shadowstate? That guy is too quiet right now.

    • Where is Shadow?

      1. Locked in a room until he can put together a weekly column about conspiracy theories that is acceptable to Frank.

      2. He’s here. His new moniker is “lucy in the sky”. He doesn’t post as much because he’s busy stalking – errrrrr – doing research on, that gangster, Michelle Salzman.

      3. Anon was right. Bet Ice-Nine regrets wishing COVID and death on poor shadow.

      4. Busy rearranging his posters of Allison Mack and Kathy Bates, as he watches an endless loop of “Misery”.

      5. He’s too freaked out to post after watching that documentary about how Biden eats babies.

      • Let’s not become Shadow version 2.0 then Nutjob and I did not agree with he/she/they either. A bit of respect goes a long way and Shadow is part of the fixtures and fittings around here so let us hope Shadow is still safe and well regardless of their thoughts and beliefs.

        • My bad, I guess…

          If I owe the apology, then big shame on Frank for sitting on the Shadow died story…

          Sincere apologies to Shadow for calling it a him. Just let me know what I should call Shadow and I’ll pivot.

          For the record, Inception, I think I’ll take it harder than you if “she” is dead. But, either way, I pick having a sense of humor vs. not…

          And cause I still feel the need to defend my transgression, I happen to agree with shadow on some things – especially things with needles

          • Glib is a word you should perhaps become more familiar with regardless of having a sense of humour because karma always has the last say on this subject, one way or another.

          • I think Shadow is alive. You think he’s dead. If I thought he wasn’t alive, I’d have posted something sincere.

            Do you have info on Shadow? Cause if you’re only going off that anonymous comment that suspiciously smelled like Niceguy, then cheer up. Shadow will make his triumphant return soon.

      • Ice-nine regrets nothing, and continues to hope Shadow is able to consume as much Ivermectin as possible and live without fear of vaccines or microchips.

      • I wasn’t kidding. I am fairly certain our favorite Chicagoan, who definitely did not live in Chicago, passed away. I hope I’m wrong.

  • We should all remember the most important thing…

    /////////////
    Keith Raniere will be behind bars for life and will never harm another woman or girl ever again.
    ///////////////////////

    • His followers still run nxivm under different names. nxivm lives on!!!! The Salzman/Myers sisters aren’t done…. they’ve just begun because they can do the same evil things independently now and not share the wealth with keith.

      • …But the man who ran NXIVM as his own personal adulation and a personal whore house.

        Most cults leaders never go to prison and the stories always end badly.

        There are no true happy endings in reality.

    • I disagree…Warren Jeffs has been running his cult from “inside for many years. A lot of similarities between WJ and KR, IMO. He most certainly can hurt children and adults from afar. Don’t let the bars fool you, there is bigger crimes happening from inside than you would ever imagine.

      Luckily the size of the “family” is small enough it might* extinguish all on its own…Time will tell.

  • Kathy did not do any crimes that were violent or hurt another human being. She was also paid little for her work, Was humiliated, and tricked (Even her original lawyer was not set to defend her and she did not even realize they did not care about her). She is a victim of Keith and nxivm.

    She is more a victim than Lauren who earned well and did do lots of harm to women

    • I doubt that NXIVM’s bookkeeper ever had much to do with the REAL dirty money. I’m sure that Nancy would have been the ‘bookkeeper’ for that, but she likely never wrote much down, let alone kept books.

    • Sending her to prison would make no sense especially when there were many more real criminals in Nx that have now become “heroes”.

  • If anyone runs the finances to an organized crime organization, they get jail….but somehow nxivm people are immune…. wtf.

    • Suneel was never a Nx member; he was a defender of human rights and criminal justice reform who came on the scene after all this went down. He and Linda are likely slowly waking up and slowly moving on with their lives.

      • Sunerl was a cult member. Suneel has “testified” how the teachings of the pedophile genius helped his family dynamic.

        Suneel is a human rights and criminal justice defender – as much as Charo is a fire station chief.

      • Suneel was a very public proponent of keith raniere and supported those who chose to follow him, and wrote on Frank Report in the encouragement of others to do so. Until he does a public mea culpa, he cannot be allowed to just walk away.

        He was also well known for carrying a rich woman to the toilet and wiping her poopy bottom.

  • Lots of excuses for Russell in the comments. “She was just following orders”? Yeah, that’s what the Nuremberg defendants said.

    She was initially charged with seven major felonies, including sex trafficking and conspiracy. There’s no doubt that she was involved with the money laundering and tax evasion this “stash the cash payments in this drawer and don’t enter it on the books” RICO outfit. She did this for years.

    She’s a professional criminal and belongs in jail. For a long, long, long time.

    She’ll probably get probation.

  • Allison Mack looks pretty downtrodden; though she appears to be at a healthy body weight. She’s guilty, on her way to prison, and on her way to paying her debt to society. There are much worse people… I still think she’s as much of a victim as a perpetrator. A victim of her own low intelligence and immaturity, and the influence of some evil people: Keith Raniere, Nancy Salzman, the Bronfmans and others. But yeah, she’s got to pay for what she did. Justice is, and should be, blind.

    • And don’t forget Lauren, the stories say that she was after Lauren like a horse, even once Allison herself described Lauren as an older and wiser sister

  • Nobody has called for her to be hanged. Have we all gone soft? 🙂

    My guess, Minimum: Probation. Absolute Maximum: 18 months. Most likely probation. Stocks and public stoning fall outside of sentencing guidelines.

    • I will let Mandy Allison off the noose. She’s a retard worth being magnanimous towards, but Nancy, Nancy has that face, that look that exudes all the information existing in her sentencing report.

      Smtolle asked me where do we hang Nancie’s cadaver. I say we hook it up in front of the private residences of the NDNY prosecutors. On a rotational basis!
      What do you say, Smtolle?

  • Correct me if I’m wrong but didn’t Russell move out of the area & in with her sister in another state?

    That alone should prove she wants nothing to do with NXIVM, Raniere or its leaders

    So she paid the rent; if not her, someone else would have

    So she brought at the time a willing Dani back into the US

    So she lied to get Loretta her job in the US; people have had sham marriages like Nicki Clyne and Allison Mack for example.

    Nicki is still in the US and claimed she is more American than most born in America

    Kathy’s crimes were to follow orders not commit the crimes the way the rest of the five dead-enders did.

    Not only denouncing Raniere is important. So is how she has moved on with her life.

    Is she working, has she gotten professional mental health help will show the Judge she has been working to become a productive member of society

    That is what helped Lauren Salzman get probation, not prison time

  • I think the key here is going to be whether she renounces Raniere. She made the payments for the apartment that kept Cami under Raniere’s control. I can’t imagine that would escape the judge’s attention.

    • I agree. If she has rejected Raniere and NXIVM, she may walk out of court with probation. Kathy appears a pathetic figure in all of this. The notoriety of being deluded enough to think that you can become a Prima ballerina at that age is extremely humiliating.

  • New York Post

    EXCLUSIVE

    Allison Mack enjoys one of her last meals as a free woman ahead of prison stint

    By Jessica BennettSeptember 10, 2021 | 5:21pm

    Allison Mack is enjoying her last few days of freedom before she’s expected to serve three years for her role in the Nxivm sex cult scandal.

    “Smallville” actress Mack, 39, was snapped out and about with a new man in Long Beach, Calif. as they grabbed a bite to eat at Little Coyote Pizza Thursday.

    [ … ]

    https://pagesix.com/2021/09/10/allison-mack-enjoys-one-of-her-last-meals-ahead-of-prison-stint/

    • AM appears to have moved on quickly from her divorce from NC.

      Meanwhile, NC continues to tweet about victim-hood. NC doesn’t seem to understand that “playing the victim” is actually a con job, which means that anyone fooled by it is also a victim. This is because practically all of humanity knows fraud is wrong (except for maybe psychopaths) since it is the opposite of honesty, sincerity, forthrightness, etc., and anyone who is wronged by another is a victim by definition.

      NC doesn’t actually believe there are no ultimate victims despite being repeatedly taught that in NXIVM. In fact, no one on the planet really does, even the Vanguard himself. She believes that she, her remaining DOS and NXIVM “sisters”, and her lover-boy in prison, are all the victims of a smear campaign by the media and wrongful prosecution by the justice system. But she can’t say that outright because she will brazenly look like a hypocrite, and so she focuses on proudly boasting about taking responsibility, using her agency, being a strong woman, others “playing the victim”, etc., in an attempt to muffle the constant background whine about the victim-hood of herself and her allies.

      There is always a victim when an allegation of being wronged is made. Either the allegations are true and there are actual victims of the accused, or the allegations are false, and the accused are victims of libel/slander.

      • What a surprise heterosexual Allison Mack is seen with a boyfriend. Allison said the marriage was a fraud and I believe her firmly. Lauren said the marriage was a fraud and I believe her strongly. India said the marriage was a fraud and she lived with Allison Mack. I definitely believe India.

        Nicki Clyne, on the other hand, lies about everything, all day, every day. I do not believe Nicki. There is no way Allison Mack and Nicki Clyne had a legitimate marriage and did not include and tell their families and did not post all over social media and also did not have a huge party with their Nxivm friends. That’s just not something I’m ever going to believe. This is a group of people who documented everything. Everything. And except for the fake wedding photo, there is no evidence whatsoever of them having any kind of legitimate relationship.

        There is zero proof of them ever being romantically or sexually involved. There is, however, proof that both of them were romantically and sexually involved with Keith Raniere. There is actual evidence used in a courtroom that they had a lifetime vow to Keith Raniere and could not be in a relationship of any magnitude or sexually or romantically at all with anyone else.

        If anyone continues to believe what crazy Nicki Clyne says about the fake marriage she had with Allison Mack, then they are a willing idiot.

        Don’t forget that the only reason anyone ever found out they were fake married was because it was uncovered after Nxivm fell apart and people were getting arrested. Their marriage was and continues to be an immigration fraud.

  • RE Kathy “Ballerina” Russell’s Sentence:

    The worst crime (amoral act) Kathy Russell ever committed was coercing Dani into having a 3-way with Raniere.

    In view of the fact, Kathy Russell now resembles *Chaka, I believe Kathy should get off Scott free.

    *Here’s Chaka:

    https://www.instagram.com/p/CSXADOohV3W/?utm_medium=copy_link

    https://images.app.goo.gl/XTCd8JjJGmNhYuE67
    ****
    In all seriousness, Kathy Russell is no threat to the public at large and imprisoning her is a waste of time.

    If anyone has a video clip of one of her ballet recitals, please post!

    • Kathy is simply this: an employee who followed instructions. Sure, she was a passionate follower, a dreamer and sex partner of Raniere; but above all else, she was an employee who did as she was told.

      Hard to imprison a secretary for following instructions.

      • Do most secretaries get involved in immigration matters?

        I don’t know any secretaries who ever have – in the course of their job – been illegally taking people over borders and using a fake ID.

        And if they were, they would definitely know they were committing a crime.

        My boss said to do it is not a successful legal defense.

      • Mexican Lady-

        Kathy Russel aided and abetted a man who sexually groomed 3 underage girls and bedded 1 while she was 15. Kathy knew about the “sisters”. She ain’t innocent but doesn’t deserve real jail long time either.

    • Yup gross. And if the genders were reversed, her involvement would be viewed in a very different light.

      • Gap-

        —And if the genders were reversed, her involvement would be viewed in a very different light.

        Double gender standard? 😉

        It’s because a man can’t be coerced into growing a hard-on.

  • When she pleaded guilty, Kathy made no statement whatsoever regarding Keith Raniere. Thus, she can say anything about him she wants at her sentencing hearing without being concerned that she is contradicting herself.

    One other thing to remember about Kathy’s plea is that she agreed that she could only appeal a sentence that was more than 18 months. Thus, as long as Judge Garaufis stays under that number, Kathy will be stuck with it.

    Insofar as I know, Kathy did not provide any assistance to the prosecution with regard to Keith Raniere’s case. If she did, that will likely show up in the prosecution’s Sentencing Memorandum.

    Given all of the above factors, I think it’s 50/50 whether Kathy draws any prison time. But if she does, then a “six pack” sentence would not surprise me: i.e., 6 months of imprisonment plus 6 months of home confinement.

    Either way, the story concerning the outcome of the charges against the six NXIVM/ESP defendants is drawing to a close.

    Now, onto the appeals…

      • At the time Kathy pleaded guilty, the government predicted that her applicable sentencing guidelines would be 6-12 months. At that same time, she agreed not to appeal any sentence that was 18 months or below.

        • I worked in the criminal justice field for a while, but it was a state government. Short sentences were more likely to bring probation, particularly if violence was not involved. Probation may very well be likely, but the judge might want to make an example out of her.

  • Nxivm really loves them some immigration fraud of all manner. And exploiting people for labor. Oh! And group blowies.

    • It is certainly exploitation. You bring in someone illegally, and “shelter” them from the law. They will keep silent, or else. It is a terrible thing to do to someone.

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

If the whole world stands against you sword in hand, would you still dare to do what you think is right?

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