Keith Raniere’s attorney, Marc Agnifilo, tried to go after me. He aimed to get Raniere’s search warrants thrown out. Shut down the Frank Report. Have me arrested.
That was four months before the trial of Raniere. I just got my hands on the document.
He wanted to suppress items seized from Raniere’s Yahoo! email account.
That produced some fruit called Raniere’s texts to Camila.
In Agnifilo’s memorandum, to throw out the government’s search warrants for Raniere’s emails, he names me 50 times. He also claimes the government misled the courts about the goodness that is Keith Raniere.
And he blames me for misleading the court about that prince of a man, the Vanguard.
By Marc Agnifilo
On December 7, 2018, the EDNY turned over a memorandum written by blogger Frank Parlato and actress Catherine Oxenberg that is titled “Criminal Activity involving KR.”
According to Catherine Oxenberg’s book titled Captive, she states that she gave this memorandum to authorities in November of 2017.
Moreover, the properties of the document indicate that Oxenberg last modified the document on November 11, 2017—three weeks before Agent Lever signed the Affidavit.
The January 2018 warrant affidavit contains an additional paragraph in which the agent relies on a blog “that covers Nxivm.”
The Affidavit stated “people present at the Nxivm meeting reported that Mack, Salzman, and another woman, Nikki Clyne, claimed to be the founders of DOS and further stated that Raniere was not involved in DOS.”
The Agent seems to be relying on a blog post “Lauren, Allison and Nicki take responsibility for DOS, at Coaches Summit; ‘Keith had nothing to do with it’, (January 16, 2018.).
This is a striking addition to the Affidavit because not only is it the only substantial change, but it also relies on a blog that is (1) written by a defendant indicted with 19 felonies in the Western District of New York, and (2) the writer was not actually at the meeting on which it reported. The post simply attributes its post to ‘sources.’
This blogger is the same gentleman who claims to have law enforcement sources, including Richard Donoghue, the United States Attorney of the EDNY, himself.
The Affidavit conveys to the Court that this blog is something on which the Court should rely in concluding that probable cause exists for a search. However, the Affidavit fails to inform the Court of the essential nature of the blog and its author: that the blogger is under indictment, that the blogger had been indicted for stealing $1 million from [Clare]Bronfman and that the professed goal of the blogger was to bring disrepute to Raniere.
Following the indictment in this case, the U.S. Attorney for the Western District of New York superseded the indictment against Parlato, removing the charges related to Bronfman but maintaining the eighteen other fraud charges against him.
Notably, the Affidavit in support of a warrant to search and seize Bronfman, Marianna Fernandez and Pamela Cafritz’s email accounts signed two months later also include this language relying on this blog.
It touts the reliability of the blog.
On or about February 18, 2018, citing “numerous” local sources, the blog reported that Raniere may have left Monterrey and may now be living in the coastal town of Puerto Vallarta, Mexico. The blog has previously had accurate information regarding Raniere’s whereabouts.
These are clearly material factors of which the Court signing the warrant should have been clearly told.
To sustain the critical protective role of search warrants, courts must ensure that the representations of affiants are made in good faith.
As demonstrated in the affirmation, at the time that all three search warrants were sought (from December 2017 to October 2018), the Government acted with reckless disregard for the truth concerning ….
[Based on] its reliance on double hearsay statements from a federally indicted blogger…. the Government relies on a blog in its Affidavit to show probable cause.
As this Court is well aware now, this blog pokes endless fun at Raniere and is dedicated to Raniere’s demise.
Even more astonishing is that this blog’s creator and author is an indicted defendant in the Western District of New York. Although the Government maintains to this Court it has never spoken to the blog’s author it somehow still finds him credible enough to cite in an affidavit to search and seize.
The anti-NXIVM press is associated with a prolific blogger named Frank Parlato, who is currently under indictment in the Western District of New York in an 18-count fraud case that spans over ten years—from mid-2006 to 2017….
Parlato claims to know “key law enforcement strategies” as well as the investigative decisions of the United States Attorney, Richard Donoghue (whom Parlato explicitly names), himself.
Parlato strongly suggests that he is aware of such information from law enforcement sources. He often posts that he has inside information that certain persons whom he names publicly are about to be indicted in this case.
Sometimes, Parlato’s “prophesies” about who will be indicted end up being correct. Sometimes, they do not end up being correct, leaving the person named to suffer massive business and reputational damage.
Regardless of whether Parlato actually has inside law enforcement sources, he is not acting as a legitimate media outlet.
Rather, as he has stated to many internet outlets who inconspicuously credit him, he is an active antagonist who has admitted publicly that he is obsessed with ruining Keith Raniere and others supportive of ESP/NXIVM….
See VICE News: The Man Who Blew the Whistle On Alleged Sex Cult Inside NXIVM
(HBO published May 17, 2018).
Parlato states that,
“I sharpened my axe” and that “part of my strategy was to mock Raniere. I photoshopped images of him, I wrote-I wrote fictional stories about him, just to make him look ridiculous, because sometimes that’s…necessary, too.”
Parlato, unsurprisingly, falsely reported his confederate John Tighe had been framed with regard to the child pornography on his computer.
Parlato’s defense of Tighe proved to be inaccurate as Tighe readily admitted his guilt during his plea allocution and accepted full responsibility for possessing child pornography, stating there was no one to blame but himself.
It is also not the least bit surprising that the day after the NXIVM system was accessed nearly 60 times by Jennifer Kobelt and Sarah Edmondson, Frank Parlato posted his first story on his recounting of DOS.
Frank Parlato, Part 1: Branded Slaves and Master Raniere; Sources: Human branding
part of Raniere-inspired women’s group, FRANK REPORT (Jun. 5, 2017),
Specifically, he writes that his “report has been developed from information provided from sources” he chose not to name.
Parlato’s Purported Connection to Law Enforcement Sources in This Case
Frank Parlato runs three websites–“The Frank Report,” “Art Voice” and “The Niagra Falls Reporter,” all devoted to publishing negative information, regardless of its truth, about anyone favorably disposed to Mr. Raniere or NXIVM.
He routinely states that he has high-level sources and intimates that his sources are members of law enforcement involved in this case.
The following are just a few examples:
• On August 19, 2018, he wrote, “according to sources, the FBI investigation into NXIVM is reportedly not over, and the latest superseding indictment is not to be the last.”
As written, this is something that Parlato can only “know” through law enforcement sources. After all, it would be highly improper for the U.S. Attorney to inform witnesses of who it intends to indict. Yet, Parlato purports to have precisely this type of information, suggesting, as he says, that he has sources in law enforcement.
See Frank Parlato, Misc. notes and info picked up from various sources on NXIVM,
(August 19, 2018)
Frank Parlato, It’s not over: Emiliano Salinas is FBI target now!, FRANK REPORT (July 29, 2018)
Frank Parlato, Son of former Mexican President Carlos Salinas reportedly under FBI
investigation for role in sex-slaver cult that branded women, FRANK REPORT (April 16,
Frank Parlato, Times Union Breaking News, “NXIVM co-founder Keith Raniere charged
in federal complaint, FRANK REPORT (March 26, 2018),
Frank Parlato, Vanguard Week starts tomorrow – but Silver Bay doesn’t seem to be
hosting 10 day celebration, FRANK REPORT (August 19, 2018),
On July 29, 2018, Parlato wrote, “Sources tell me that US Attorney in the Eastern District, Richard P. Donoghue, has ordered his office to further investigate (a named person) and that additional federal resources have been made available for that part of the case.”
Absent law enforcement sources, Parlato cannot possibly know what the United States Attorney has ordered his office to investigate or how federal resources are allocated.
On July 18, 2018, Parlato wrote “there is much I cannot share with you at this time. I trust that most of you will be able to read between the lines.”
He then went on to surmise about the timing of the Superseding Indictment, intimating he had inside information from sources that he did not want to share with the reader.
On July 13, 2018, Parlato wrote “there is some information I have to withhold to protect my sources. But, just to give readers a hint – and without giving away any key law enforcement strategies, which are being leaked to me on a regular basis…I can assure you from reports of at least three knowledgeable sources – this is going to be huge.”
[Eleven days later Clare Bronfman, Lauren and Nancy Salzman and Kathy Russel were arrested.]
Parlato here claims to know “key law enforcement strategies” which are “being leaked on a regular basis.”
Frank Parlato, It’s not over: Emiliano Salinas is FBI target now!, FRANK REPORT (Jul.
Frank Parlato, Noose tightening for NXIVM members – feds in Knox Woods
neighborhood against today – and more coming as indictments near, FRANK REPORT (Jul
Furthermore, and perhaps most troubling, is that Parlato, even as recently as last weekend, posted the names, whereabouts and photos of those who he believes still remain clients and/or leaders of NXIVM.
If the United States Attorney’s Office for the Eastern District of New York was not already aware that Parlato, an indicted defendant in another federal district, has repeatedly suggested that he has law enforcement sources regularly leaking information to him in this case, it is now on clear notice. The Government is also on notice that these posts are, in defense counsel’s view, obstructing justice, in part, because they purport to be based on inside source.
Upon our information and belief, this information was given to Parlato by those who misappropriated and stole NXIVM’s client files.
These postings are not the normal operation of media outlets covering a case.
Rather, they are specifically aimed at scaring potential defense witnesses and bond cosigners.
After all, hard-working, honest, innocent people considering whether to co-sign a bond for their long-time friend, Keith Raniere, are placed in an impossible position.
On the one hand, they can take Parlato at his word, which is that he is the recipient of a steady stream of law enforcement leaks, with law enforcement knowing all the while that its leaked information is being published to the considerable detriment of people who have not been charged with any crime.
On the other hand, people can view Parlato as someone posing as the recipient of law enforcement leaks as a way of giving his posting greater credibility. In either event, however, a co-signer can expect that he or she will be targeted by Parlato, who will publish that law enforcement informs him that such person is being investigated or is about to be charged with a crime. This is a brutally unfair and highly unusual situation that calls out for a remedy.
AUSA Tanya Hajjar responded to Agnifilo
AUSA Tanya Hajjar said:
I do just want to clarify, Mr. Agnifilo stated that he thought that Government leaks to this particular blogger was a farfetched idea. It is not just farfetched, it is false. The Government has said it is false. I believe even the blogger has responded to defense counsel’s letter and said that he has never spoken to anyone in the Government and he has never gotten information from the Government.
For my part and for the record, I did not mind Agnifilo taking a shot at me. He was representing his client. I’m not offended in the slightest. Under the circumstances, Agnifilo did the best he could, given the man he had to represent.
During an interview with me after the conviction and three days before the sentencing of Raniere, Agnifilo said this to me.
“I have nothing but deep respect for you, I truly do. And I think every journalist in America tries to do what you’ve done, which is to have a vision of a situation, bring it into the world, and then bring about realities to follow your reporting. And you did that. And, you know, I have deep respect for what you’ve done and how you’ve done it.”
Viva Executive Success!