2nd Circuit Denies Raniere’s Motion to Suspend Appeal; Won’t Permit District Court to First Rule on FBI Cheating

On Friday, 2nd Circuit Judge Jose Cabranes denied Keith Raniere’s motion to stay his appeal.
Raniere filed one day earlier – on October 6.
Raniere asked the appellate judges to stay the appeal, so the district court could rule on his Rule 33 motion.
His Rule 33 motion contends the FBI tampered with evidence and committed perjury in his case.
Judge Cabranes gave no reason for refusing to stay the appeal. All the filings are in. It has been five months since oral arguments – the last stage of the appeal by the attorneys.
A possible reason for the denial of the stay is that a decision on appeal is imminent.
Raniere asked the 2nd Circuit to stay his appeal based on “newly discovered” evidence.” He claims the government substituted FBI forensic examiner Stephen Flatley for Brian Booth. Raniere alleges Flatley’s testimony would have been exculpatory. Booth’s testimony contradicted Flatley’s testimony at a previous trial.
FBI Forensic Examiner Stephen Flatley was assigned to Ghana during the last days of the Raniere trial. It is not known if he actually went to Ghana but he did not testify at trial.
Flatley testified in the past that all metadata is unreliable. Booth testified that EXIF data is very reliable.
EXIF data determines the age of 22 photos. The metadata indicates the photos were taken in 2005, when Camila was 15.
Raniere retained six forensics experts, including three former FBI forensic examiners.

he six are:

Retired FBI Agent and Forensic Examiner J. Richard Kiper, PhD.

Former FBI senior forensic examiner Stacy Eldridge

Former FBI Special Agent forensic examiner Bill Odom

Former State Constable and Cyber Lawyer, Steven Abrams

Former University of Delaware Police Captain Steven Bunting

Software Engineer Wayne B. Norris.

They made a joint statement concluding someone altered the photo metadata. The alleged alterations support the government’s narrative

At least some alterations occurred while in FBI custody, they said.
On October 6, AUSA Kevin Trowel called the assertion of FBI tampering “frivolous.” Trowel wrote in a court filing that the Rule 33 motion is “contradicted by the record in this case.”
Camila, the subject of the alleged photos, did not testify at trial. She spoke at Raniere’s sentencing. She said Raniere took nude photos of her starting in September 2005, when she was 15.
Suneel Chakravorty, Raniere’s power of attorney, denied the significance of Camila’s statement.

That does not contradict the allegation of FBI fraud. If anything, it invites more suspicion. The photos on the hard drive were dated November 2005, not September 2005. Forensic experts’ analysis shows an elaborate but botched effort to make the dates on the hard drive appear authentic. This resulted in inconsistencies and impossibilities in the metadata. This includes photos being planted on the hard drive, in a folder disguised to look like a computer backup from 2009.

Trowel’s colleagues are possibly implicated in the criminal alteration of evidence. His attempt to minimize this by calling it ‘frivolous’ is suspicious.
Raniere has asked Judge Nicholas G. Garaufis to disqualify himself on the basis of bias.  If he or another district judge rules in favor of the Rule 33, the court will vacate Raniere’s conviction.
It is up to the DOJ whether to retry Raniere.
Alan Dershowitz, who represents Raniere and Clare Bronfman, said there is precedent that the charges will be dismissed “with prejudice” due to government criminal conduct.
This would mean the BOP would release Raniere from prison, and no new trial on the same charges can be brought against him.
It would also mean Bronfman could go free, since vacating the case could mean the original charges against her are extinguished.
Both appellants, Raniere and Clare Bronfman, are incarcerated.
If the Second Circuit denies the appeal, then jurisdiction returns to Garaufis. He would then decide whether to recuse himself or hear evidence under Rule 33. Because the appellate court has priority over the district court, Rule 33 is on hold.
If the Second Circuit grants the appeal, then Rule 33 has no standing. There could be a new trial, at the DOJ’s discretion, or they could unlock the cell and let Raniere free.
Currently Raniere is in the SHU and has been unable to contact anyone of his followers. They have expressed concern since they do not know what his physical condition is. 

About the author

Frank Parlato


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  • It must be the ghost of the late Edgar Bronfman that directed the Illuminati to influence the Court to this decision. There will be more Millions flowing from Clare to Keith’s defense team in an attempt to heal her ongoing ethical breach.

    • Great points. Thank you for reminding me of the big picture. My internal representation of Vanguard has been saved.

    • I will try. In a word, the 2nd Circuit will decide the appeal first. Then if they do not reverse the conviction Raniere’s Rule 33 will be heard.

  • Second Circuit Court denies Raniere’s motion to suspend. Of course it did: the court isn’t going to play Vanguard’s little games.

    He’s no longer Philosopher King of Flintlock Lane. He’s nobody now. He’s a felon in prison, a number, just another loser in an orange jumpsuit.

    The courts aren’t going to jump to his commands. Neither is the DOJ.

    There will be no mass resignations at the DOJ or the BoP like he “demands”

    And will be no investigation of the FBI. For the simple reason that his accusations are frivolous. I’ve read them, we’ve all read them. Calling them “unsubstantiated” is a a gross understatement.

    So why not launch an investigation anyway, just for the heck of it? What’s the harm?

    The harm is it would be a waste of money, the taxpayers money. A waste of everyone’s time. A waste of resources, a waste of effort. It would take DOJ personnel away from the the valuable work they do. Such as prosecuting racketeers and sex traffickers like Raniere.

    I’m sure Raniere and his pals would love to see Moira Penza subpoenaed and grilled over these imaginary accusations. Taking her away from her law practice for several days and putting her to the expense of hiring her own lawyer. Just like he used to do to his enemies in the good old days.

    But it ain’t gonna happen. Like I said, Raniere doesn’t get to make the rules anymore.

    The courts aren’t playing his game and neither will the DOJ.

    • Good points. In addition, almost every single convict says they’re innocent. Most of them say they were set up. Pretty much all of them say there was government corruption or a prosecutor or judge had a personal Vendetta against them. If every single person who was convicted got every single frivolous claim investigated the courts would be backed up so much worse than they already are right now.

      It’s absolutely fine for the court to use discretion and decide which cases actually have Merit to hold investigations and re-examine. The very sad thing is there are probably people sitting in prison right now who are the very small minority of souls who were in some way not properly tried and convicted. I’m not even saying they’re innocent.

      I’m talking about people who might have legitimate gripes about how their case was handled. And those people often do not have the money the resources the celebrities to bring attention to their cause. Then you’ve got this pedophile draining the bank of account of his benefactor over just complete fabricated nonsense. Wasting everyone’s time and most importantly resources.

      • — Then you’ve got this pedophile draining the bank of account of his benefactor over just complete fabricated nonsense

        Here’s a what if the deadenders love so much. What if Raniere is lying about the FBI tampering with the evidence and he actually did take those pictures?

        This means that Raniere is wasting tax payer time and money as well as blowing through even more millions of dollars of Bronfman money without any sense of shame or guilt. This proves the guy is a sociopath and doesn’t care about anyone but himself.

        But we who still having functioning minds already knew that.

  • Raniere asks for the moon, again and the court shuts him down, again.

    When is this spoiled Narcissistic brat boy going to learn that he isn’t the Cult leader anymore.

    His clothes, food, and sex are just not going to appear. Nor are the Courts going to agree with his hairbamrain legal ideas.

    Rainier has been batting a big fat zero when it comes to the legal system. Yet he continues to believe if he can just throw enough of someone else’s money at it, he will eventually get a win.

    He has hired some of the most successful lawyers in the US and still lost every case he has had his hand on.

    Who was smart were the ones who broke away from his sorry ass during the criminal RICO case.
    Otherwise they’d all be doing at least 40 year sentences sitting next to their Vanguard at trial.

    Smartest man in the world
    Total loser

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.” Parlato was also credited in the Starz docuseries "Seduced" for saving 'slave' women from being branded and escaping the sex-slave cult known as DOS.

Additionally, Parlato’s coverage of the group OneTaste, starting in 2018, helped spark an FBI investigation, which led to indictments of two of its leaders in 2023.

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 premiered on May 22, 2022. Most recently, he consulted and appeared on Tubi's "Branded and Brainwashed: Inside NXIVM," which aired January, 2023.

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