New Evidence Delays Raniere’s Rule 33 Motion One Week

The public awaits a Rule 33 Motion by Keith Raniere's defense team.

Ed. Note: This is part of a series on the forthcoming Rule 33 Motion. Stories on this topic will be posted under the category of FBI Tampering. However, I am taking no position on the innocence or guilt of the FBI. The allegations warrant serious scrutiny by their very nature. I have not changed my position on the defendant Keith Raniere. This is not about Raniere, this is about allegations of government corruption. 

The Rule Motion 33 Has Been Delayed

In a week, Keith Raniere will file a Rule 33 motion for a new trial, his power of attorney, Suneel Chakravorty, said.

FR reported earlier that Raniere would file the motion today.

Asked to explain the delay, Chakravorty said. “The evidence points to malfeasance. There is new information that may shed additional light on one of the participants.” 

The Rule 33 motion alleges that the FBI tampered with electronic evidence presented at trial.

A team of attorneys, led by Joseph Tully of California, is preparing the motion, Chakravorty said.

“There have been extensive efforts to vet, review, examine case law, and vet everything again,” he said. “The evidence is convincing.”

Raniere will file two additional motions at the same time, he added. 

Appellant Raniere will ask the US Court of Appeals for the 2nd Circuit to suspend his appeal until the Rule 33 motion is decided.

Raniere will also make a motion before the trial judge, Nicholas G. Garaufis, to recuse himself from deciding the motion for a new trial. Raniere maintains the judge displayed a bias against him during the trial. 

New Evidence Boils Down to 167 Nude Images 


The government admitted a series of 167 digital images of 12 females found on a hard drive seized from his library during the trial. All of the females posed nude.

Among the series, the government alleged that 22 images were of a female under 18, which constitutes child pornography. 

Camila, the subject of the images, was 15 when the images were created, according to forensic dating of the photos. Camila did not testify.

The other 11 women in the images were not alleged to be underage. However, the entire series of 167 was admitted into evidence to establish Camila’s images’ creation date. In addition, the prosecution showed that Raniere’s camera created the images. 

After taking the photographs with his camera, allegedly, he transferred the images to a camera card, then to a computer, and finally to a hard drive. 

Metadata Is the Evidence  

Because the subject of the child porn images, Camila, was not a witness at the trial, the government relied on the images’ metadata. 

Metadata means “data about data.” The images themselves are considered data. 

Metadata is information about the images such as the date of creation and the dates the images were modified or transferred to another computer or storage device. For example, metadata can provide information about the camera used to take the picture, the location, the date down to the year, month, day, hour, minute, and second. In addition, it can provide information about alterations to the image, such as if someone used Adobe Photoshop.

Metadata can show when an image arrives on a device. 

Metadata can show that a digital image was created in 2005 and transferred in 2009 to a hard drive.

When looking at the image, one does not see the metadata. But it can be seen separately on the image’s digital file.

Some metadata is generated automatically by computers or digital cameras programmed to record it to the image’s file. 

Users can modify computer-generated metadata.  In some cases, even experts may not be able to detect the changes, and it will appear as computer-generated metadata. 

According to Chakravorty, Raniere’s forensic experts found that the FBI altered metadata of the series of 167 images.

Yet the prosecution presented the metadata of the images as computer or camera-generated.

Three Experts 

Dr. James Richard Kiper

The Rule 33 motion will be supported by the reports of three digital forensics experts, Chakravorty said.

The lead expert, Dr. James Richard Kiper, was an FBI special agent for 20 years. 

At the FBI, he worked in cybersecurity and trained forensic examiners and trainers of examiners in digital forensics.

He says, “in the absence of any other plausible explanation, it is my expert opinion that the FBI must have been involved in this evidence tampering.”

Cyber lawyer Steven Abrams

Another expert witness is Stephen M. Abrams, JD, M.S., an attorney who teaches digital forensics to police and military organizations. 

Wayne Norris c

The third is Wayne B. Norris, who has been an expert witness in over 100 technology-related cases in federal, state, and municipal courts.  

When newly discovered evidence shows the prosecution presented false evidence, the remedy is a Rule 33 motion for a new trial.

Pressed for details about new evidence discovered yesterday, Chakravorty said, “All I can say is that it supplements the body of findings, points to possible perjurious testimony of witnesses, and potential collusion from non-government actors.”

See also:

Raniere to File Motion Alleging FBI Tampering on Wednesday; Seeks New Trial

Raniere Alleges FBI Altered Nude Photos of 12 NXIVM Women; Who Are They?

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Frank Parlato

23 Comments

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  • Most here are in denial if you think this motion is not important. Raniere will get a new trial if the court upholds his motion, and that trial will be vastly different than the last one which hinged on these photos.

    Without the photos and without Lauran having to testify, it will be more difficult for the government to win and get the crazy sentencing they got earlier. Look for an agreement for a lesser sentence: 15 years with credit for time served.

    • Why wouldn’t Lauren testify in a retrial? BTW the court can play previous recorded testimony. And read it into the new record. It is forever an under-oath court documented statement.

      A second trial would be a gift. To those who know that Keith is guilty. Expect all the evidence and testimony from the first trial plus lots and lots more. Against Raniere.

      Raniere loyalists believe that Raniere realists “fear” a new trial. Not at all. It would be fantastic and end very, very badly for vanguard, the small and impotent.

    • Why are you so unhappy that you have to fling your anger at people you’ve never met and have done nothing to you? Get some help.

      • Dear Anonymous 9:38:

        RE Why Am I Mean to a Rape Apologist Suneel:

        Someone asked me the exact same question before. Here was my response:

        “Once Suneel exhausted all his arguments defending Raniere, Suneel lashed out at Cami by attempting to humiliate and embarrass her. Suneel referred to Cami by the sick nickname Raniere (her rapist) called her by Cami Toe (Camel Toe).“

        It’s one thing to call a woman a liar, it’s entirely a different thing to humiliate her with a sexual pet name. So in that’s why I shit on your swell buddy.

        Why are you defending Suneel, SOMEONE you NEVER met?
        ***

        I definitely need help, but you need serious help. Defending Sunneel, a man who attacks women publicly, is sick.

  • This began as a tragedy Raniere brought on himself. It then became comical. It is now absurd. Good luck with the motions. And do hold your breath. It will keep you from talking.

  • Ya, right, another delay.

    It’s a joke as always with Suneel Chakravorty

    Not even with Viagra is this going to happen.

    It’s always one thing or another with him of why the Rule 33 motion is coming.

    Leave it to Raniere to not be able to “be able to get” it up any longer on any matters nowadays.

    What a freaking joke the whole lot of them are.

    Tully is the is only one laughing all the way to the bank out of the bunch of them.

    Of course, the rest of us have been laughing the entire time.

    Bahahahahahaha

  • They’ll deny it. Even if tampering is proven, Raniere needs to be behind bars remains. It’s not going to change the outcome. If tampering reduces the sentence from 120 years to 80 years, Raniere will die in prison.

    It’s a waste of taxpayer time and money to reopen a case when many of the convictions would remain despite any meta-data.

  • “Appellant Raniere will ask the US Court of Appeals for the 2nd Circuit to suspend his appeal until the Rule 33 motion is decided.”

    Let me fix that for you, Frank.

    Repellent Raniere etc….

  • “The evidence is convincing.” Interesting choice of words. Evidence is either irrefutable, backed by solid facts, or it is not. May be SC is easily ‘convinced’, heck, KR himself is ‘convinced’ of his innocence. The lawyers may be ‘convinced’ by whoever pays them and I am ‘convinced’ it would be wise for them to see ‘money in the bank’ before filing. Remember KR’s ex-inmate who ‘convinced’ KR supporters to part with large sums and promised to make a documentary for them? He was pretty ‘convincing’, wasn’t he?

    • “Just close your eyes, Dorothy, and click your heels three times.

      Your heels, Dorothy, where are your heels?”

    • Pea is the one who predicted the date Vanguard would be released…April 20…but that was 3-4 years ago.

  • Maybe it’s a delay in payment to Raniere’s legal team.

    He is well known for leaving unpaid final bills

    Tully would be smart to get his money in advance & any funds he owes the local attorney firm sponsoring him in NY to represent Raniere Brooklyn.

    Otherwise, Tully could be left holding a large out of pocket bill when this is all over.

    If Lions Gate wins the SLAPP motion, Tully will be even more $$$ out of pocket.

    Mark Elliott doesn’t have the funds to pay Tully his standard fees either.

  • It’s unsurprising that Keith still keeps his remaining followers on a hamster wheel.

    It is surprising that they will not step off it.

    Let the lawyers handle it. This misguided attempt at a PR offensive is not going to work.

    And it’s actually ill-advised for legal reasons

    One can support a loved one going through incarceration and appeals without prostrating themselves publicly in a foolish and slavish manner.

    Attacking everyone on “the other side” from witnesses to the judge is exactly the wrong move. And the card has been played for years by the dead-enders.

    If there were compelling evidence to warrant a new trial or expose criminality, then it would have been quickly submitted. And all the posturing would be saved for after the big victory.

  • Did Raniere claim at the trial that the photos’ dates were altered? This is not a legal point but a logical one.

    Raniere knew when he took the pix, and if he knew he did not take them when she was underage, he would have told his lawyers. So, if he did not protest at the trial, then he knew they were underage pix and he is now just hoping to win on a technicality.

Frank Parlato

About the Author

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 prominently featured on HBO’s docuseries “The Vow” and was the lead investigator and coordinating producer for Investigation Discovery’s “The Lost Women of NXIVM.” In addition, 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 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. This was ironic, as many credit Parlato as one of the primary architects of his arrest and the cratering of the cult he founded.

Parlato is a consulting producer and appears in TNT's The Heiress and the Sex Cult, which premieres on May 22, 2022.

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https://en.wikipedia.org/wiki/Frank_Parlato,_Jr.

Contact Frank with tips or for help.
Phone / Text: (305) 783-7083
Email: frankparlato@gmail.com

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