Attorney Joseph M. Tully of Tully and Weiss of California represents Raniere.
The motion, known as Rule 33, permits the trial court to “grant a new trial if the interest of justice so requires.”
The Rule 33 motion will be filed in the court of US District Court Judge Nicholas G. Garaufis, who presided over the six-week trial of Raniere in Brooklyn between May and June 2019.
The jury convicted Raniere of
- Racketeering conspiracy,
- Sex trafficking,
- Attempted sex trafficking,
- Sex trafficking conspiracy,
- Forced labor conspiracy,
- Wire fraud conspiracy
Judge Garaufis sentenced him to 120 years in prison on October 27, 2020.
The Rule 33 motion is based on “newly discovered” evidence of alleged FBI tampering with computer files, Chakravorty said.
The tampering allegations focus on 167 images on a hard drive and a camera card seized during a raid at Raniere’s executive library on March 27, 2018, two days after his arrest.
The government manipulated these images, Raniere claims, to support its narrative that:
- The photos were taken in 2005 by Raniere
- With a Canon EOS 20D camera
- They were then saved to a Lexar CF card
- Then copied to an unknown computer
- And then backed up to a Western Digital hard disk drive.
On March 27, 2018, the FBI seized the Western Digital hard drive from Keith Raniere’s executive library.
The 167 images found on the hard drive are of 12 nude females known to Raniere. The government alleged that 11 women were adults, and one female was under 18.
The metadata in the images indicates that Camila, a Mexican native who lived in Clifton Park, where NXIVM was based, was 15 years old when she posed for 22 nude photos on November 2nd and November 24th, 2005.
Camila did not testify at trial.
The government relied on the metadata to prove racketeering acts of possession of child pornography and sexual exploitation of a minor.
Raniere’s newly discovered evidence of tampering comes in forensic reports prepared by James Richard Kiper, Ph.D., who served as an FBI Special Agent from 1999 to 2019.
Kiper claims that the FBI altered the evidence.
Kiper spent more than half of his 20 years with the FBI in cybersecurity and digital forensics as a forensic examiner, a trainer of forensic examiners, and a trainer of trainers of forensic examiners.
Kiper will provide the court with:
- Summary of Technical Findings
- Summary of Process Findings
- Analysis of the Testimony of FBI Special Agent Christopher Mills
- Expert Opinion Regarding Time to Review Digital Evidence
Dr. Kiper said, “In my 20 years serving as an FBI agent, I have never observed or claimed that an FBI employee tampered with evidence, digital or otherwise. But in this case, I strongly believe the multiple, intentional alterations to the digital information I have discovered constitute evidence manipulation. And when so many human-generated alterations happen to align with the government’s narrative, I believe any reasonable person would conclude that evidence tampering had taken place.”
One retired high-ranking government official familiar with the case and these developments said of Kiper, “One thing is for sure. There will be no attempt to undercut the expert unless they have an expert or firm that has a better resume. That will be hard to achieve.”
In addition to Dr. Kiper’s report, two other forensic reports will accompany the motion.
Steven M. Abrams, J.D., M.S, a cybersecurity lawyer, and Wayne B. Norris, an expert witness in digital forensics frequently retained in federal, state, and municipal cases, will provide reports of their examination of Dr. Kiper’s findings.
Motion to Stay the Appeal
Chakravorty said Raniere will file two more motions,
One is procedural.
Raniere filed an appeal of his conviction with the US Court of Appeals for the 2nd Circuit on May 7, 2021.
May 2, 2022 is the date that has been set for oral arguments with respect to the appeal.
A trial judge may not hear a Rule 33 Motion unless an appeal in the case has been concluded or stayed.
Raniere will move the 2nd Circuit for an order suspending his appeal until the Rule 33 motion is decided.
If the 2nd Circuit chooses to stay the appeal, the judge presiding over the Rule 33 Motion may order an evidentiary hearing and call witnesses before determining whether to grant Raniere a new trial.
Motion to Recuse
Chakravorty said that Raniere will also make a motion on Wednesday to ask Judge Garaufis to recuse himself from the Rule 33 Motion .
The motion is based on Raniere’s assertion that Judge Garaufis deprived him of a “fair trial by an impartial tribunal.”
“The standard is a ‘reasonable person, knowing all the facts, would question the judge’s impartiality,’ Chakravorty said, quoting a 2003 decision in the 2nd Circuit in the case of United States v. Yousef.
It remains unclear how the judge will react to the motion to recuse or whether the 2nd Circuit will agree to stay the appeal.
According to Chakravorty, details of alleged tampering will be part of the Rule 33 motion; FBI agents will be named; the serious tampering allegations are, if true, felony crimes.
The public will be able to view the Rule 33 Motion unless the judge orders it sealed.
Frank Report will report as it obtains more information.
Note: Keith Raniere’s Rule 33 Motion merely contains allegations, and all Americans are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Will this motion be successful and set him free as he hopes?
[…] Raniere to File Motion Alleging FBI Tampering on Wednesday; Seeks New Trial […]
IMHO, Frank hasn’t really done his job as a journalist, with respect to this Rule 33 motion.
Has Frank attempted to confirm, with a single outside expert, whether or not digital ‘artifacts’ (i.e,. bits/data which is slightly different from the original camera) would be left behind IF the ‘exif’ data is changed by a 3rd party software program?
No, he has not.
It’s quite possible that no digital artifacts would be left behind. I certainly acknowledge that. However, Frank has made ZERO EFFORT to inquire about this, which tells me that he’s not real serious about finding the truth here.
Has Frank ever published a REAL interview, without softball (leading) questions, for any of Suneel’s 3 experts?
No, he has not. He promised to. But then we got radio silence.
Has Frank chosen to analyze (in detail) the anti-FBI bias shown by the former FBI agent who Suneel is using to prove this case of FBI tampering?
Frank speaks as though Suneel’s expert has no axe to grind with the FBI, yet other posters have pointed out that after leaving the FBI he’s provided LOTS of negative statements & evidence to show the FBI in a bad light.
The other 2 data scientists which Suneel has hired, which Frank is touting as ‘independent’, are merely there to CONFIRM what the anti-FBI employee wrote in his report. They are not doing INDEPENDENT investigations of their own.
I suspect we’ll have to wait for the government’s response to this motion before we’ll FINALLY find out if this motion has any meat and potatoes.
I’ll wait for the government’s response before deciding. Maybe Suneel’s experts are correct. It’s always possible.
I just find it hard to believe that unknown FBI agents — whose careers did NOT depend on sending Keith to prison — would commit felonies and not only risk their jobs over sending one guy to prison, but also risk their freedom as well.
Also, if the FBI was involved in tampering with these photos, they could only have done so with Cami’s collusion and approval ahead of time.
Why? Because without Cami’s approval, they’d have risked Cami coming forward, thru her attorney, to identify the photos as being tampered with (if they were truly taken when she was an adult, not a child).
Thus, Suneel is asking us to believe that not only did the FBI agents commit felonies and risk their jobs and freedom (just to put 1 guy in prison), but they also colluded with Cami ahead of time? LOL.
How could they have? It’s not very realistic. LOL.
However, without Frank willing to lift a finger to get us any info here, we’ll have to wait for the government’s response before receiving any MEANINGFUL data on this topic.
Frank should stop allowing himself to be USED by Suneel and company.
He’s turning FrankReport into a de facto Knife of Aristotle Part II.
Percy, Bangkok’s uncle,
It’d be very difficult to argue against your points and look sane.
courtesy of Clare. Between her appeal and Raniere’s, his coffers will be full. I imagine him sitting on a beach permanently soon. I hear Fiji is nice. Doubtful Raniere will be there, Clare maybe.
There is quote one cowardly “retired high-ranking government official familiar with the case and these developments” who isn’t man or woman enough to provide their name. “One thing is for sure. There will be no attempt to undercut the expert unless they have an expert or firm that has a better resume. That will be hard to achieve.”
He or she is wise to remain anonymous, because they would otherwise look like a fool as Dr. James Richard Kiper is a former government bureaucrat with no demonstrable technical expertise that is relevant to this case.
The matter in which he claimed to be a whistleblower previously had to do with a procurement process for an IT system with no relationship to cybersecurity.
Listen closely and it is clear this appeal is just Raniere’s whimpering “Please use a condom” to his much larger cellie, but amplified into sound and fury signifying nothing.
Enjoy the rest of your life in prison, Keith. I hope you live a long, long, long time so you can enjoy it fully.
KR, at trial: I move to exclude these photos on the ground that they are from 2005 and therefore outside the scope of the search warrant
KR, Rule 33: LOL jk what photos
Yeah. That is gonna be hard to overcome.
So once Lauren rejected Bangkok and he was unable to cope with the indignity of it all, did we end up with Patriot God, Colonel James Ludlow, and Bangkok’s Uncle Leroy as a result?
I gotta be honest, I just don’t thinks she’s going to be interested in any of them either. I’d suggest sticking with Bangkok and maybe buy a mangy beagle that needs trimming.
LOL. Check out the comments on the Frank Tiberi thread. He’s legit back as “Magoo”.
I picture Bangcock to be as mangy as his mutt. Hold out, Lauren. You can do better!!!
Possibly, didn’t we have Magoo years ago? I think Bangkok comes and goes because he really does go in and out of mental institutions. And Nancy does look kind of like Nurse Ratched so maybe that’s how all this started. Too many electrotherapy shocks to the head and not enough Juicy Fruits.
Bangkok, I am told, has not been permitted out of Bedlam in more than six months. His condition has worsened signficantly.
Well this will be easy. Motion denied! Back to your cell, creep.
MY NAME’S JIM AND I HATE NIGGERS!!!!! THAT’S “WHO”!!!!!!!!!!!!!!!!!!!!!🤪😜😝😛😵💫😉
This kind of shows, even to Mrs. Schmidt a little about mental illness.
Still beating this dead horse?
It should be pointed out that Kiper is a disgruntled ex-FBI administrator whose opinion about FBI malfeasance may not be entirely, how shall I put it, entirely objective.
And opinion is all it is. The Raniere Fan Club has no actual evidence to back up their foolish allegation of faked evidence. Not a shred, nor a particle.
Not that it makes any difference from a legal standpoint. Raniere was not convicted on child pornography charges. He was convicted on all 7 charged felony counts he was charged with, none of which are child porn.
Raniere isn’t getting a new trial.
Yep, No New Trial for Raniere
He doesn’t care, it’s not his money
This is what he does with all his legal cases. Why should this be any different?
Judge most likely knows Raniere will pull every trick in the book to keep himself inside the court room, it’s what he does
As long as Raniere can pay his lawyers and they have a legal option, no matter how desperate, they will keep trying.
I have to reply here because Frank’s website is a worthless piece of shit in regards to its reply buttons!
To: Jim Bird
Actually what I going to say was *My hope Frank Report becoming interesting again because of this article, but you stole that punchline from me to interject your catch phrase that your Asperger’s and Tourette’s Syndrome wouldn’t let you resist from doing, you obnoxious racist asshole! 🙄😒😖
HEY DON’T TALK TO JIMBO LIKE THAT!!!!!
IT’S NOT HIS FAULT THAT YOU’RE A NIGGER-LOVIN’ DEGENERATE FAGGOT!
LEAVE HIM ALONE!
THAT’S AN ORDER, NIGGER LOVER! 😖😠😡🤬😤
Isn’t Jimbo a genius, eh Ol’ Ginzo?!
In just 9 words he says more wisdom than you have ever said in any of your rambling article or even in your worthless guido life! PURE ABSOLUTE GENUIS RIGHT HERE! 🤩
I’m hella proud of ya, Jimbo! 👊🏻
Keep up the good work! 👍🏻
✊🏻 IF WE BELIEVE!!!!!! ✊🏻
✊🏻 THERE’S A BETTER WAY!!!!!!! ✊🏻
What was genius?
Oh, Ginzo! 😩
Of course your genetically inferior mind couldn’t comprehend something this far beyond the mental grasp of your sub-human species! Allow me to have pity on you!
Demonstrating the absolute pure blissful joy of the freedom to be able to come out and say what is everybody feels but is too afraid to say or have been made to believe that they don’t really feel it by the Jews, of course!
I, Patriot God, am also proud of you, Jim! 👏🏻
Keep up the good work just like the good ol’ Colonel himself told you! 😉👍🏻
✊🏻 IF WE BELIEVE!!!!!! ✊🏻
✊🏻 THERE’S A BETTER WAY!!!!!!! ✊🏻
So tomorrow we will find out if he gets a new trial?
Sorry for my ignorance, I know nothing about how this stuff works.
Now Frank Report is getting interesting again!
Now if only Frank will be consistent about his alleged “passion” for free speech and stop censoring everybody and better yet create a new comment section everybody can post, reply, edit, and delete instantaneously at the individual’s will like other social media websites and shut the fuck up about Patriot God, Bangkok, and others, then we will have both amazing entertainment in the both the articles and comment sections on FR and all will be well!
Hey, Scott, I bet you wish you could add your low rent bs to EVERY comment that gets printed — like the old days.
Nobody wants what you’re peddling — poison manure spread all over everyone’s good faith offering is vandalism and not free speech.
Try Moscow — they prolly love your sh*tty MO, поистине !!
Garaufis needs to recuse himself and the court needs to hear the rule 33 motion to maintain the appearance of fairness and integrity. It will hurt Garaufis and the cause of justice, if the motion and request is denied.
Because a convicted felon never accuses the judge that presided over his trial of maleficence.
I doubt Judge Garaufis will allow the Rule 33 to be filed under seal other than the photos.
How is it new evidence?
His organizational attorney team had an expert team look at the hard drive that was turned over to them with the same photo evidence that was presented in court.
They also were able to cross exam the FBI agent while he was on the stand during Raniere’s trial.
None of Raniere’s other attorneys have filed the Rule 33 motion based on these facts.
It will be interesting to see of it goes anywhere based on the mere fact that it’s another one of Raniere’s silly games to wastes other people’s money in legal bills and playing the victim he isn’t.
KR getting a retrial? There’s more of a likelihood of my winning the lottery…on Mars (and I don’t ever buy tickets!)
Just wondering, who’s putting up the money for all this BS….?
Alonzo is a shiksa!
The first principle of this ridiculous cult is that “there are no ultimate victims.”
Nevertheless, everything written by the smelly, short, found-guilty-beyond-a-reasonable-doubt leader and all his ass-kissing minions since the truth started coming out boils down to “we are all victims and Keith is the biggest victim of all.”
What bunch of idiots.
I enjoy watching them all twist in the wind.
What in the world ? Why? The scum is in jail – and MY phone got tapped – but NOT for long-
Why can’t people leave this piece of trash to rot in jail ?
A few weeks ago Frank had a petty discussion with Suneel. Claiming he had no evidence of tampering. When a 20 year ex FBI agent is willing to support that you better take him seriously. Raniere case really just started. My believe is he will walk out of prison and be granted a new trial. FBI agents and prosecutors will go to jail in the meantime. This just got really interesting.
Please tell us why anyone should believe the integrity of the copied data that was provided to the defense team whose main goal is to free their client in practically any legal way possible?
With all such talk about alleged FBI corruption and their supposed impure motives by the dead-enders, why should people trust the motives of their leader and the evidence provided by someone from Raniere’s side with his history of legal troubles, deceit, fraud, negative media attention, salacious lifestyle, etc.? Why should any third party presume that the copied hard disk which was in the hands of Suneel (a computer person) was not manipulated and/or tampered with from those on the side of such a person?
Have they thought about what happens if a bit-by-bit comparison is done between the copied data (that was given to the defense “experts” and analyzed) and the original data that is maintained by law enforcement and there is a mismatch?
But Suneel and Nicki also say all the time that the FBI lies.
So, what does a 20-year career in the FBI matter? Nicki and Suneel call it FB – Lie
Nicki and Suneel say all the time that the FBI cannot be trusted.
Which is it? The FBI CAN be trusted but only when you pay a retired agent to try to free your pedophile cult leader?
How are the 2 lawyers at your office, Anthony?
Raniere was convicted of multiple counts and the photos only go to one count. Even if the court agrees that the photographic evidence was tainted, the issue is whether the evidence on the rest of the counts was unduly influenced by the sex count. Where those crimes were for racketeering, conspiracy, forced labor and wire fraud, it is unlikely Raniere will walk out of prison any time soon.
But let’s say I’m wrong and he is granted a new trial on all counts. Given Camila’s post-trial comments as a victim of Raniere, and given the strength of the evidence on the rest of the counts, the court would order Raniere held in custody until the re-trial at which Camila would testify in person. The photos are not even needed if that happens, and he will be again convicted on all counts.
How many FBI and law enforcement in Albany lied for and protected Keith and Nancy for such a long time? Could this FBI guy be one of the former clan of nxivm supporters?
He is in jail for 120 years. May as well go for a Hail Mary.
Dang, it took a year or so to fire off this “I was framed!” appeal. The tried and trued appeal of those convicted everywhere. Some are even actually telling the truth. Keith isn’t one of them.
Why did it take so long? Its not going to go anywhere for reasons discussed ad nauseum in previous articles but nice to see Keith finally fire off this last load in his gun. I imagine the judge will go “nope” to it, Keith will appeal to a higher court, who will say “nope”, and so forth until the nopes are exhausted which can take quite years.
My guess, Covid in a nutshell
How many times has Dr. Kiper served as a paid expert witness in a criminal trial?
How many times for the prosecution?
How many times for the defense?
What was the outcome of those trials?
What is his rate? How is Keith “I have no money” Raniere paying for his legal bills?
Keith Raniere’s money for attorneys and legal fees just appear out of thin air, that’s common knowledge here at the Frank Report. It’s just like his clothes appear out of nowhere without him asking for them.
With Keith, everything seems to come out of nowhere. Where would it come from? Raniere has had no income for decades, not even a bank account, and has not paid taxes for decades.
And likewise, Raniere has not paid the compensation for his failed patent lawsuit for his alleged invention of video conferencing against Microsoft, or the penalty for his consumer buyline fraud.
Shouldn’t the Kiper report and Rule 33 motion be made public? How can a judge order anything sealed when it has to do with public interest?
They don’t give a true shit about “public interest”! That’s why they do all the crooked shit that they do in the first place!