Nancy Salzman, 68, the former president of NXIVM, currently serving a federal prison sentence with a release date set for August 24, 2024, has submitted a motion seeking an expedited release, potentially within a matter of weeks or even days, under the provisions of the Compassionate Care Act.
In her motion, Salzman alleges that prison officials at FCI Hazelton have denied her access to adequate medical treatment.
The Compassionate Care Act allows for early release of prisoners with terminal medical conditions with a life expectancy of 18 months or less. It also applies to inmates suffering from incurable and progressive illnesses, debilitating injuries without the chance of recovery, individuals no longer capable of self-care, and those confined to a bed or wheelchair. The Act also considers cases of prisoners with diminishing cognitive function, such as those with Alzheimer’s disease.
The Compassionate Care Act only grants early release to inmates who do not pose a danger to society.
The decision regarding Salzman’s motion lies with Judge Nicholas G. Garaufis, who sentenced Salzman to 42 months in prison in September 2021.
According to a letter to Judge Garaufis from Salzman’s attorney, th evidence will include Salzman’s medical history, current medical status, medical records, and expert opinions, which are sealed as part of the motion.
Judge Garaufis can assess whether Salzman meets the criteria outlined by the Compassionate Care Act to determine if her early release is warranted.
Nancy Salzman’s Letter to the Court:
Dear Judge Garaufis:
Nancy Salzman, by counsel, has submitted under seal a motion for reduced sentence pursuant to 18 U.S.C. § 3582( c) (1)(A)(i) in the referenced matter. It is respectfully requested that the Court grant Movant’s sealing application on the ground the motion is based largely upon the denial of necessary medical care to our client, and therefore is rife throughout with description and analysis of Ms. Salzman’s prior medical history, current medical status, medical records, and expert opinions, including exhibits, which derive from evaluation of confidential medical records.
Additionally, it is respectfully requested that the Court fix an expedited briefing schedule given the emergent nature of Movant’s application, and grant the earliest possible date for the parties to appear for argument of any issues in dispute.
Thank you very much for your attention.
Respectfully, Robert A. Soloway
Attorney Robert Soloway escorts Nancy Salman to court.
Salzman Claimed She Cured Breast Cancer with NXIVM Tools
Salzman claims to have cured her breast cancer in 2009 through NXIVM techniques, and the help of Yeshi Dhonden, the Dalai Lama’s former physician.
Salzman reportedly used NXIVM tools, including Rational Inquiry and Exploration of Meaning (EM), along with herbal medicines and dietary recommendations from Dhonden.
She later claimed her use of NXIVM technology was responsible for her remission. She and Keith Raniere, the founder of NXIVM, taught that low self-esteem was a cause of breast cancer.
In 2017, Salzman was diagnosed with breast cancer again, and in 2018 she underwent a double radical mastectomy.
Current Prison
Salzman is currently assigned to FCI Hazelton, a medium security prison in Preston County, West Virginia, an eight-hour drive from Clifton Park, NY where Salzman’s daughters, Lauren and Michelle reside.
Salzman pleaded guilty in March 2019, the first of five defendants to take a plea deal in the NXIVM prosecution. She was sentenced to 42 months on a single racketeering conspiracy count in 2021.
From “Camp Cupcake” to “Misery Mountain”
Salzman pleaded guilty to a single racketeering conspiracy count in March 2019, becoming the first of five defendants to accept a plea deal in the NXIVM prosecution. In 2021, Judge Garaufis sentenced her to 42 months in prison.
The secure female facility at FCI Hazelton, nicknamed “Misery Mountain,” houses around 600 female inmates.
Initially, the BOP assigned Salzman to FCI Alderson, known as “Camp Cupcake,” a minimum-security prison camp.
Before she reported to prison in 2022, Salzman’s attorney wrote a letter to Judge Garaufis requesting a one-month delay in reporting to Alderson instead, citing the need to accompany her 94-year-old mother to a medical appointment and concerns about COVID conditions at Alderson.
Her attorney disputed the BOP’s version of its handling of conditions at Alderson.
Soloway wrote that Salzman “is very fearful of entering into a facility [such as Alderson] that is in the throes of a failed response to a COVID surge and is reportedly unsafe.”
Soloway quoted news reports criticizing the BOP and quoting a prison consultant who said how bad it was at Alderson during the COVID surge.
In response to the letter, Judge Garaufis granted Salzman an extension.
In the intervening month before her original ‘Report Date’ and her new ‘Report Date,’ it appears the BOP changed her assignment from Camp Cupcake to Misery Mountain.
Instead of a camp without perimeter walls and dormitory style housing with minimum security inmates, Salzman found herself in a cramped cell, in a prison with barbed wire fences, surrounded by stern guards and violent offenders, drug-addicted and mentally ill inmates.
Her motion for early release focuses on the BOP’s alleged lack of adequate medical care for her at Hazelton.
Asked what one could expected at Alderson, a former inmate told the Albany Times Union, “Nobody’s going to beat you up…. the camp situation is, if you get into a fight, they’re going to send you to an FCI (Federal Correctional Institute). The camp is the easiest time you can do…. once you get to a camp, you’re not going to do anything to blow that.”
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