Frank Parlato
Ongoing Battle for Camera Card Access in the Raniere Case
The U.S. Attorney for the Eastern District of N.Y. continues to resist Keith Raniere’s efforts to obtain a forensic copy of the camera card used to convict him on predicate racketeering acts of possession of child pornography and sexual exploitation of a minor.
In a January 9th letter to U.S. District Judge Nicholas G. Garaufis, Assistant U.S. Attorney Tanya Hajjar maintained the office’s stand against the card’s release.
Raniere’s conviction in June 2019 resulted from a six-week trial in the Eastern District of New York. A Brooklyn jury found him guilty on all charges – including racketeering conspiracy, forced labor, and sex trafficking. In the wake of his conviction and sentencing to 120 years in prison, Raniere has made multiple attempts to secure a new trial.
His main hope lies in the allegation that the FBI tampered with a hard drive and camera card seized from his “Executive Library” the day after his arrest in March 2018.
The present issue is over a camera card that FBI agents found inside Raniere’s camera.
While the hard drive contained 22 images of Camila, who, according to metadata on the image files, was 15 at the time the pictures were taken, it mainly proved that Raniere possessed the images. The camera card, which did not contain any contraband pictures, was used by the prosecution to help prove Raniere took the photos, thereby supporting the sexual exploitation charges.
The Role of Digital Evidence
The prosecution established this by showing that some photos on the camera were the same as those on the hard drive. This evidence helped to establish that Raniere took the photos and was, therefore, guilty of the sexual exploitation of a minor.
While the FBI made two Forensic Tool Kit (FTK) reports, an analysis of the data found on the device, one of which they gave to Raniere’s defense attorneys, and another that they made during the trial, the government has never turned over a complete forensic copy of the camera card, which is an exact copy of all the data on that device.
Alleged Violation of FBI Protocol
The two FTK reports alone raised suspicions, since making two reports from an original digital device violated FBI protocol.
More troubling is that while using the same FTK tools, more than 30 new files were listed in the second FTK report.
The appearance of these new files made the evidence of Raniere taking the photos of Camila much stronger for the prosecution.
FBI Protocol Breach
What further complicates this knotty evidence issue is that the FBI did not follow protocol in dealing with the camera card, which is digital evidence.
Firstly, an FBI special agent took the camera card out of the FBI Computer Analysis Response Team (CART) location, which is against the agency’s rules for the handling of digital evidence – and then reproduced pictures on the camera card, which is also a violation of the agency’s protocol for handling digital evidence.
The FBI evidence handling protocol, established to protect the agency and defendants from allegations of tampering, forbids an FBI agent from accessing original digital evidence such as the camera card seized in Raniere’s Executive Library. Per the applicable protocol, a forensic examiner from CART must, before the examination of digital evidence, make a forensic copy of it.
Once the forensic copy is made, an FBI agent can then review just the copy.
A write blocker must be used on the copy, to avoid tampering even with the copy. But should an agent tamper with the copy, the original is still preserved, and evidence of the tampering will be clear and obvious.
That is not what the FBI did here.
Unauthorized FBI Access Raises Questions About Camera Card Integrity
On September 19, 2018, while the camera card was in the FBI’s possession, someone at the FBI accessed the original camera card and made changes to the digital evidence. Those changes are unknown. It may have been as simple as merely looking at the photos – or copying the photos to adding photos or changing meta data.
In any case, this access of the original camera card is against the FBI’s evidence handling procedures. The best way to detect what changes were made on September 19, 2019 is for independent forensic experts to have access to the complete forensic copy of the camera card, which the government refuses to turn over.
FBI Hands Over Images Without Acknowledging Camera Card
Less than a week after the FBI improperly accessed the camera card, the government turned over the images they took from the camera card with this description: “Photographs from Canon Camera seized from search of 8 Hale Drive—Item 1B15.”
They did not mention the camera card and apparently claimed they were photos from the camera itself, which they were not.
The photographs the FBI turned over to the defense from the camera card contained sexually explicit photos of Raniere with a woman and two other adult women seen alone in separate photos.
Four photos on camera card matched images on the hard drive.
By the rules of criminal trial procedure concerning discovery, which the judge is supposed to enforce, the government should have given the defense not the photographs, but the complete forensic copy (or clone) of the digital camera card.
Of note here is that unlike the hard drive, the government never claimed the camera card had the contraband photos of Camila so there would be no reason not to turn over the camera card clone.
Technicalities May Rule for the Government
The government may permanently withhold the camera card on a technicality.
The defense knew at the trial that the FBI did something inappropriate by accessing the camera card while it was in the agency’s possession.
AUSA Hajjar, in her letter to the judge, writes, “Raniere was well aware at the time of trial that law enforcement agents had accessed the camera card of the Canon EOS 20D camera without a write blocker on September 19, 2018, prior to the discovery of child pornography on the Western Digital hard drive. Indeed, Raniere’s trial counsel cross-examined Senior Forensic Examiner (Brian) Booth regarding that (improper) access:
COUNSEL: When we say ‘changed,’ it was changed while it was in the possession of the FBI?
SFE BOOTH: If I’m taking the dates on when we received it, it would appear so.”
One of Raniere’s trial attorneys, Paul Der Ohannesian, asked FBI Senior Forensic Examiner Booth whether he knew the identity of the FBI agent who improperly accessed the camera card. Booth testified he did not.
Raniere’s counsel did not press this matter further. In fact, they had an excellent chance to pursue the matter by asking FBI Special Agent Christopher Mills, who was one of numerous agents to handle (or mishandle) the camera card that bounced about from agent to agent like a hot potato and was finally turned over to the forensic team unsealed, again against FBI evidence handling procedures.
Mills testified after Booth and the defense did not ask him if he knew who accessed the camera card.
As Hajjar points out, Raniere’s trial counsel made no effort to present any argument, “in summation or otherwise,” that the FBI tampered with the child pornography evidence found on the hard drive.
Another of Raniere’s attorney, Marc Agnifilo, who viewed the contraband hard drive photos at the government’s offices, apparently believed the 22 images, alleged to be of Camila at age 15, were indeed of Camila at age 15.
He undoubtedly spoke with Raniere, who was in custody at the Brooklyn MDC at the time, and the defense did not object at the time.
Post Conviction Attack on Conviction
It was only after the conviction that Raniere launched his effort to secure a new trial based on his claim that the FBI tampered with the evidence.
Hajjar rightly argues that it was not newly discovered (i.e. post-trial) evidence, that the defense could not have known about before the trial – a requirement for a Rule 33 motion for a new trial.
Hajjar wrote, “Raniere’s claims that such evidence was ‘inaccessible to the defense’ and ‘could not have been discovered with due diligence before or during trial’… – arguing for securing a new trial are entirely meritless, and his motion to compel should be denied.”
Why Not Release the Camera Card?
Still, it is curious, perhaps only to those who want scrupulously honest checks and balances on law enforcement, that the government won’t turn over a complete forensic copy of Raniere’s camera card to prove it was not tampered with.
The camera card is not evidence of the possession of child porn, since there was no child porn on it.
Raniere’s main claim is the FBI planted the child porn on the hard drive.
Raniere’s secondary claim is the FBI tampered with the camera card by adding more files that matched the hard drive, making a stronger connection between the camera card and the hard drive with the contraband.
The Photos of Camila
Raniere has not denied he took photos of Camila.
Camila has declared under oath that he took photos of her when she was 15 and that the photos used in evidence at trial are of her when she was 15.
Why Should We Care?
The public’s interest in this matter extends beyond Raniere’s innocence or guilt. The public interest is to ensure that the FBI does not tamper with evidence, even if they think they “know” a defendant is guilty.
This statement above does not mean Frank Report thinks the FBI tampered with evidence. There are arguments on both sides of this matter, and experts have given their opinions arguing for and against evidence of tampering, their opinions aligning precisely with the side they are on – the government or the defense.
But the use of a technicality to block access to a camera card that the government improperly withheld from Raniere before the trial, which underwent an authorized breach by FBI agents, poor evidence handling and a curious change in the number of supposed images on it, ought to be turned over to the defense based on integrity and fair play – none of which Raniere has ever had any claim to doing any time in his life.
However, we hold the government to a higher standard than a convicted criminal.
Release the Camera Card
Yes, Keith Raniere is where he belongs inside the gates of USP Tucson, where he will reside for the next 35,191 days, unless he escapes sooner, is pardoned, dies, or proves tampering and secures a new trial and wins it.
The release of the camera card would answer, once and for all, several questions: Why did the FBI improperly access the camera card, what did they change, and why did they withhold it?
If they did nothing wrong, why are they withholding it now?
If Raniere got a new trial, it is likely that Camila would testify, and he would be convicted again.
However, if the FBI tampered with any part of the evidence, and to date we lack solid evidence that they did, it would be a solid gain to learn this, for if they tampered with a high-profile defendant like Raniere, they could do it again with any defendant.
Frank Parlato is an investigative journalist, media strategist, publisher, and legal consultant.
Please leave a comment: Your opinion is important to us!
Allison “Pimp” Mack still has Jness on her resume. Is she planning on updating? Neil Glazer should use this against her. She obviously is still proud of her “work”.
https://www.linkedin.com/in/allison-mack-a46a0b80
Pilgrim-
The real Shadow died. He was a divorced man with daughters. Dude did not reside in Chicago.
Oddly enough, he was a published author with 7 novellas to his credit.
Plus he really was an extremely weird dude.
will not reveal his name. Ever!
It wouldn’t be fair to anyone related to him.
May the nickname “Pimp Mack” live on forever!!!!!
***
Lastly,
I believe he died of a heart attack or Diabetes. He was overweight.
It can’t be ascertained by his obituary. Just a hunch.
Shadow an ever gifted laureate poet deserves the credit and disgust for coining the nickname….
…Pimp Mack!!!!!
Thanks, Niceguy for the info!
Def sad about Shadow…
Respectful that you will keep his real name on the downlow. I would do the same.
The nickname “PIMP” Mack is my favorite! Just love the ring to it: Allison PIMP Mack!!!!!!¡
👍🏼
U.S. Department of Justice
United States Attorney
Eastern District of New York
MKM:TH 271
F. #2017R01840
271 Cadman Plaza East
Brooklyn, New York 11201
January 9, 2024
By ECF
The Honorable Nicholas G. Garaufis
United States District Judge
United States District Court
225 Cadman Plaza East
Brooklyn, New York 11201
Re: United States v. Keith Raniere
Criminal Docket No. 18-204 (S-2) (NGG)
Dear Judge Garaufis: The government respectfully submits this response to the defendant Keith Raniere’s second post-conviction motion to compel the production of evidence, ECF Docket No. 1230. The motion seeks disclosure of additional information regarding the Federal Bureau of Investigation photograph technician who copied photographs from the camera card in order to facilitate production of those photographs to defense counsel in discovery. 1
______________________________
1 On August 3, 2018, the government’s discovery letter to all defendants indicated that it was in possession of, among other things, “electronic devices obtained through the execution of a search warrant executed at 8 Hale Drive” and invited the defendants to examine any physical evidence by contacting the government. On September 25, 2018, the government provided the defendants, including Raniere, with the photographs from the camera card with the description, “Photographs from Canon Camera seized from search of 8 Hale Drive—Item 1B15.” These photographs were Bates-numbered VDM_NXIVM00005028-VDM_NXIVM00005130 and produced subject to a protective order because they contained sexually explicit photographs of Raniere and other women. On October 5, 2018, the government provided the defendants, including Raniere, with a copy of the contents of the Western Digital Hard Drive, Bates-numbered DSCV_00000061, with the description, “8 Hale Drive, Western Digital storage device, 1B16.” At the time the government provided the defendants with a copy of the Western Digital hard drive, law enforcement had not yet completed its review and was not yet aware that it contained child pornography.
For the same reasons that the Court denied Raniere’s first motion to compel, Mem. and Order, ECF Docket No. 1224, the Court should deny Raniere’s second motion to compel. As set forth in the government’s opposition to Raniere’s third motion for a new trial pursuant to Federal Rule of Criminal Procedure 33, ECF Docket No. 1213, Raniere was well aware at the time of trial that law enforcement agents had accessed the camera card of the Canon EOS 20D camera without a write blocker on September 19, 2018, prior to the discovery of child pornography on the Western Digital hard drive. Indeed, Raniere’s trial counsel cross-examined Senior Forensic Examiner Booth regarding that access:
COUNSEL: When we say “changed,” it was changed while it was in the
possession of the FBI?
SFE BOOTH: If I’m taking the dates on when we received it, it would appear
so.
ECF Docket No. 1213, Exhibit B-020-021. Raniere’s trial counsel then asked Examiner Booth whether he was aware of the identity of the law enforcement agent that had accessed the camera card. Id. But Raniere’s counsel did not raise this issue further, nor did he attempt to question any law enforcement agents regarding the access, including the case agent who testified after Examiner Booth. As is apparent from the trial transcript, Raniere’s trial counsel made the strategic decision not to present any argument, in summation or otherwise, that the child pornography evidence had been fabricated or tampered with by law enforcement. Raniere’s claims that such evidence was “inaccessible to the defense” and “could not have been discovered with due diligence before or during trial,” Mot. at 12-13, are entirely meritless, and his motion to compel should be denied.
Respectfully submitted,
BREON PEACE
United States Attorney
By: /s/___________________
Tanya Hajjar
Assistant U.S. Attorney
(718) 254-7000
cc: Counsel of Record (by ECF and email)
2
https://storage.courtlistener.com/recap/gov.uscourts.nyed.416187/gov.uscourts.nyed.416187.1231.0.pdf
If you consider the law to be a “technicality” you are liable to convicted of a crime.
And the beat goes on and on and on.
All these arm chair legal beagles who think they know best about Keith Raniere case.
After years of motions back & forth, millions of other people’s money spent on his defense and the waste of taxpayers money, Raniere isn’t getting nothing but sent to a new prison when all his delays have ran out.
Raniere will never be a free man. He isn’t going to get a new trial. He should of taken the sweet plea deal the DOJ offered him.
He couldn’t bring himself to admit he was guilty. He had to of believed all Clare Bronfman money was going to get him off at trial.
Who doesn’t believe he took the pictures of the 15 year old? He took pictures of every other woman. There were a lot on the hard drive, just not child porn.
Raniere got smarter and started DOS. He got collateral over women & had them start taking pictures of themselves & each other. Raniere saw those pictures for his own sick pleasure.
With the treat of their collateral being released, Raniere demanded more pictures. He just didn’t take them himself.
DOS was long after the child porn photos. Long after decades of hundreds of women photos had been taken.
Being the mastermind of DOS, Raniere was the head of the NXIVM RICO organization. DOS, was one of his major RICO charges.
Child porn was only a predicate act under his RICO charges.
Raniere will never be set free for that the child porn act alone. People who think that are crazy.
Raniere had seven RICO charges (major changes) and eleven predicate acts (minor)
“Raniere isn’t getting nothing but sent to a new prison when all his delays have ran out.”
Exactly!!! Colorado here he comes!
I dedicate the following song to Kieth and his merry band of fools:
https://youtu.be/OzkYYE6hmjg?si=yLC48myBpJsU58kN
Hi Suneel,
You are uglier than a ducks pussy.
You are thinking of Clare “Horseface” Bronfman. She is the ugliest human – inside and outside – whom ever existed. I’d rather spend the rest of my life in Aushwitz concentration camp then spend five minutes with that disgusting, putrid thing called “Clare”.
I’d rather bang Scott’s wife….
….Even if she is a man.
I’m joking! Mrs. Johnson isn’t a man. She just happens to have a yardstick sized cl*tori*s.
LOL
I’m interested in more important things, such as what happened to Keith Raniere’s Steinway concert grand piano and where it is now. Who is playing this particular piano now? Has it been sold or auctioned?
They had put moth balls in it, it probably still stinks.
Love to see him fail.
It shouldn’t have come to this really. It’s just too bad. If Con Job Movie were to have been released on time, it would have exposed everything and keith would be free!
https://conjobmovie.com/
https://frankreport.com/2023/08/30/anonymous-website-teases-upcoming-documentary-con-job-united-states-vs-raniere-claims-the-con-was-not-ranieres/
I still do not know how Megan Hoffman Mills fits in. Was she an ESP Coach? Have not heard of her. Obviously, she is a dipshit Dead-ender, but I would think her name would have popped up in the past.
Did find this “Megan Mills Hoffman” (last names transposed).
https://youtu.be/rT5mfChCnb4?feature=shared
Is this the same person? Looks and sounds like it…
Was she part of Squarefoot’s harem?
Megan Mills Hoffman went into ESP early in from Oregon via Easter Carlson from Alaska.
They knew each other up there.
Eventually both women moved to Albany New York.
It’s no surprise both were married at the time both forcing their husband, A common practice among women back then. Why because THE Vanguard wanted it that way.
Megan became Nancy Salzman assistant and left quickly and suddenly to move to Buffalo NY. No one knew why.
She seem to be faithful to Easter, Keith Raniere and a deadender.
The question remains, why Buffalo? What did NXIVM have going on in Buffalo? Why was Megan sent to Buffalo? Is there any connection to Frank Parlato?
“The question remains, why Buffalo? What did NXIVM have going on in Buffalo? Why was Megan sent to Buffalo? Is there any connection to Frank Parlato?”
Very interesting question.
Frank, please shed some light on Mills and why she was sent to Buffalo
My assumption is, she was sent to get information on Frank. If she moved to Albany and was a special assistant to Nancy, she was doing/witnessing crimes on a regular basis. They may have used NLP on Mills to get her to do whatever they wanted in Buffalo.
Ha!
Garaufis doesn’t care what you or the dead enders think, Frank.
You can’t comprehend why the law isn’t just what you think is fair.
That’s probably why it took you so long to finally plead guilty. You could’ve saved yourself a whole lotta money and time if you just faced up to reality early on. Instead, you left with these petty and effective attempts to get some tiny bit of revenge on the legal system that spanked you.
Neither the judge or Hajjar read this blog.
Ummmm, I think Garaufis, Hajjar and almost everyone closely involved in all things Nxivm read this blog.
😂🤣😂
You are smoking some fine Cali weed! 🪴
Nah, I’m from the right coast.
“However, we hold the government to a higher standard than a convicted criminal.”
The government is rarely held to any standard. There’s no accountability. Even when truth is exposed, those in positions of power act with impunity.
Before some audiences not even the possession of the exactest knowledge will make it easy for what we say to produce conviction. For argument based on knowledge implies instruction, and there are people whom one cannot instruct. Man is not a rational creature, he is a rationalizing one.
Nah. Rationalization presupposes the capability of rationality. This means man is first and foremost a rational animal (as Aristotle defined the species to be among the genus animal) and therefore, only misuses or misapplies such a capability in order to rationalize.
I agree with the Dimwits/Dead-enders on due process. If the FBI mishandled and or altered evidence, he should be set free.
However, that fucking twat, Clare Bronfman ponied up $13 MM for Raniere’s defense. If he cannot prove his case with those resources and his team of attorneys, it will be difficult to believe this was all true.
We already know they MIShandled by breaking the chain of custody admitted to as well
Does “mishandling” it mean it cannot be used at all at trial? If yes, then I think we know what should occur. If mishandling is against policy but does not preclude it from being presented, then different story.
“ By the rules of criminal trial procedure concerning discovery, which the judge is supposed to enforce, the government should have given the defense not the photographs, but the complete forensic copy (or clone) of the digital camera card.”
But the government doesn’t play by the rules. They do what’s best for the conviction.
Too bad the government couldn’t convict Raniere honestly. Does anyone in the government actually work hard? It seems the prosecutors work in lockstep with any agency to secure the outcome they want.
It seems it happens this way from very small scale to large scale courts and convictions.
Who cares what Raniere wants? He’s in jail for life where he belongs. Why waste taxpayer money so Keith can play with his camera card in the Shu. He’s never getting out of prison. Even if errors in procedures were made, it is not severe enough to change the outcome. If they reduce his sentence by 30 years, he’s still in prison for life.
It’s not his money, and Claire’s got enough to pay for him to hope. It’s a total waste, but the lawyers are happy to get paid.
Pretty sure it wasn’t taxlayer money after seizing so many properties though,
and adding fines, I’m sure they wound up in the black after all was said & done!
Admitted errors should be penalized just as normal people are, retraining, fines, change of positions , suspension without pay?
So be it if 30 years is shaved off., the message should not be of mafia style vengeance by OUR government Ever!!
When , if it happens to you then you will understand.
Why are we allowing the FBI to tamper with and mishandle evidence? They violated protocols so many times– admittedly! And there is no consequence. Everyone is still at full pay and many commended for their underhanded tactics.
Refusing something as basic as a copy of the evidence shows what they’re hiding. This is a reasonable request by Raniere.
The trial is over, and Raniere and his attorneys had access to the evidence before and during the trial if they so desired.
There is precedent that once the trial is over, the convicted person no longer has a right to access the evidence that was used in the trial. (There is only one exception, in relation to genetic evidence, and that is in certain cases where the convicted person must first make an affidavit that they are innocent and did not commit the crime.)
Raniere should absolutely get the camera card! Why is our government accountable to no one?
They railroaded Raniere. Hate him all you want, and I agree he should be in prison, but it’s not right that we allow the government to violate all rights to secure the outcome they want.
Raniere will still be convicted, but doubtful his true crime would earn him 100+ years. Be fair. Be just. There is not a minimal standard of justice out there anymore for anyone. It can happen to any of us.
The “it can happen to any of us” routine. Go away Dead-ender.
It would suck for his victims if he was granted a new trial, but I would love to watch it! The prosecution could ask him new questions like “Have you ever been featured in the Australian edition of the Guinness book of world records?” “Have you ever scored 2 million points on a single pac-man?” “Have you ever murdered anyone for your beliefs?” “How many actual success have resulted from executive success program?” “Who wore it better Pam or Toni Fly?” Give this man a new trial and televise it!
I do hope that KR gets a new trial and this evidence is shown FBI tampered. KR served enough time. Every single person associated with him has been or is being released from prison soon (or didn’t serve any time). These people did as many horrific things as KR. He served his time. He spent over a year in the SHU.
OK, Alanzo.
Go back to your Ringdings 🍩🍩🍩
I didn’t realize that one year in the Special Housing Unit is the equivalent of 120 years in prison for Keith Raniere and that his sentence is served. What law says that?
Nope