Keith Raniere’s forensic experts won’t get to analyze the FBI’s copies of a Lexar camera card before Judge Nicholas G. Garaufis decides the fate of Raniere’s Rule 33 Motion for a new trial – in which he claims the FBI tampered with the camera card.
Last month, Judge Garaufis denied Raniere’s motion to view the copies of the camera card that the FBI seized from his library in 2018.
The DOJ used the camera card as evidence of two predicate acts of racketeering: possession of child pornography and sexual exploitation of a minor. In June 2019, Raniere was convicted of racketeering and six other counts, and in October 2020, he was sentenced to 120 years in prison.
Legal End of the Line for Camera Card?
On March 6, 2024, Raniere requested Judge Garaufis stay his Rule 33 motion for a new trial pending an appeal of his denial of access to the camera card copies. On March 28, the judge denied Raniere’s request and ordered Raniere to make his final reply to support his Rule 33 motion by April 22, 2024 – without the camera card copies.
Judge Garaufis wrote, “Any stay pending appeal would simply unduly delay the resolution of Mr. Raniere’s third Rule 33 motion which has been outstanding almost two years for a conviction that was entered almost five years ago…. Mr. Raniere’s appeal has no merit.”
The Loveall Report
The DOJ, in opposing Raniere’s Rule 33 motion, utilized a report by David Loveall II, a senior FBI computer scientist. Unlike Raniere, Loveall had access to the two FBI forensic copies of the camera card.
The first was created in April 2019, and the second was created in June 2019.
The camera card does not contain contraband. The contraband—22 photos of Camila—was found by the FBI on a hard drive seized in Raniere’s library.
The contraband, which was found surprisingly 11 months after the FBI seized the hard drive, has conflicting digital data, which the FBI said points to the photos being taken in 2005 when Camila was 15. However, some digital evidence shows the photos were taken in 2003, a year before the camera was manufactured. Other digital evidence makes placing any date on the images somewhat uncertain, such as a 2009 date found on the hard drive.
The Camera Card as Evidence
A Forensic Toolkit (FTK) report made from the second forensic copy of the camera card was used to prove that Raniere took 41 nude photos of adult women, also allegedly in 2005, and placed them in the same folder on the hard drive where the contraband was found.
Despite a requirement to produce forensic copies of the camera card for the defense in discovery before or during the trial, the DOJ elected not to provide them, and Raniere’s legal team failed to demand them. Instead, the DOJ only produced FTK reports, which summarized the contents, but did not contain the camera card’s complete data.
There has been ongoing legal debate over whether Raniere has a post-conviction right to evidence, even if it was suppressed at the trial. However, Raniere argues the DOJ opened the door to access by providing the camera card copies to Loveall, who then used them to rebut Raniere’s tampering claim in his Rule 33 motion.
Without the camera card copies, Raniere argues he cannot challenge Loveall’s assertion that the two camera card copies are identical.
One Copy Was Enough
Raniere points out that his forensic experts say the FBI making two forensic copies of the same device is improper.
According to these experts and published reports, FBI protocol for handling digital evidence involves creating only one (not two) forensic copies of an original device. Once the forensic copy is made, it is verified with hash values to ensure it is an exact replica of the original. After verification, this copy, rather than the original device, is used for all subsequent investigations and reporting.
FBI Forensic Examiner Stephen Flatley made the first forensic copy of the camera card in April 2019, about a month before the trial. From this copy, he created an FTK report showing that only four image files on the camera card were found on the hard drive.
During the trial, FBI Forensic Examiner Brian Booth made a second forensic copy of the original camera card. He also made an FTK report from this second copy. He found 37 more image files that matched the hard drive than Flatley found in his FTK report.
How Did New Images Appear?
The discrepancy between reports raised the question: Did someone add these 37 newly appearing images to the camera card after FBI Forensic Examiner Flatley created his copy?
In his report, Loveall says no. He said Flatley’s failure to detect the 37 newly appearing image files was simply due to his not entering the correct settings in the FTK software.
How does he know?
Loveall said he examined both forensic copies and determined them to be identical:
“Although both reports used the same processing tool—AccessData Forensic Toolkit 6.3.1.26—There are numerous configurations and setting options for this tool, which can result in the generation of different reports. The fact that additional files appeared in one report is a result of the use of different settings.”
How Did Flatley Miss So Much?
In his report, Loveall did not specify what FTK settings Flatley might have failed to use in his analysis of a forensic copy of the camera card, which would cause him to miss 37 image files on the camera card — evidence that Raniere took the contraband photos.
Loveall also did not specify which possible settings FBI Forensic Examiner Brian Booth might have used to find 37 new photo flies – all used as evidence – while using the same FTK software on what were supposedly identical copies of the camera card.
It would behoove Loveall to share that information with FBI FE Flatley who, if Loveall is right, clearly does not know how to analyze a camera card. It might explain why the FBI sent Flatley to Ghana during the last week of the trial, making him unavailable to testify.
Loveall might also provide some instruction to FBI Forensic Examiner Brian Booth, who apparently did not know that he should not have made a second forensic copy to make his FTK report, but should have made his FTK report (with its different settings) from the original forensic copy made by Flatley.
While Loveall is at it, he might school the FBI on evidence handling. The custody history of the camera card is filled with inconsistencies. At first, the DOJ did not disclose the camera card’s existence, and instead gave the defense printed photos taken from it, suggesting they were from the camera and not the camera card. The original camera card went in and out of the evidence room and was handled by various FBI employees, including at least two FBI agents who were not authorized to access the card and should not have had custody of it.
Someone at the FBI accessed the camera card without authorization and failed to use a required write-blocker, and, therefore, altered at least the last access date on the files on the camera card.
In addition to unauthorized access, the chain of custody was broken, and it appears the camera card was transferred from agent to forensic examiner to agent to forensic examiner without sealing the evidence.
DOJ Does Not Want Raniere to Have a Look
Despite this list of anomalies concerning the camera card, the DOJ argues Raniere has no right to see the camera card copies to challenge the new evidence that the DOJ is currently using against him in the Rule 33 proceeding. The judge agrees.
Instead, Raniere should simply take Loveall’s word that the two forensic copies are identical.
Loveall’s word might be more persuasive if he provided the “hash values” (a unique string of characters generated by a hash function, it is like a digital fingerprint) of the two forensic copies of the camera card. After all, that is the standard proof required to confirm that the two copies are byte-for-byte identical.
As FBI FE Booth testified at Raniere’s trial the FBI uses “MD5 [Message Digest Algorithm 5, a type of hash value] to verify that files haven’t been changed from me burning it onto a disk for you to then later look at, to going back to the original evidence and making sure that what we have as a copy hasn’t changed.”
MD5 produces a 128-bit (16-byte) hash value, typically a 32-character hexadecimal number. The term “digital fingerprint” is often used because, much like a human fingerprint, the MD5 hash uniquely identifies a particular data set. If even a tiny aspect of the original data changes, the MD5 hash will be entirely different, making it a valuable tool for ensuring data integrity, like for instance proving nobody changed the camera card.
However, Loveall chose not to provide the MD5 digital fingerprints to prove his point.
If nothing else, the DOJ could disclose the hash numbers of the two forensic copies of the camera card, which could confirm the two forensic copies of the camera card are the same.
Denial Leaves Mystery
Denying the camera card copies to Raniere will likely ensure that the court record will not show how 37 photo files appeared in Booth’s FTK report, which were not in Flatley’s FTK report.
If given access to the camera card copies, Raniere’s forensic experts could inspect the contents and check the digital fingerprints of each forensic copy.
If it is shown that the 37 images were added to the camera card between its first and second copies, it would suggest the contraband photos were also added or altered on the hard drive, as Raniere claims.
On the other hand, if there is nothing amiss, as Loveall says, why not provide access to the forensic reports of the camera card which Raniere should have had during the trial, and end all doubt?
I can think of only one reason why the government would not want to release the camera card copies.
There is no contraband on it. And there is certainly nothing Raniere could do with the copies to tamper with them, since the FBI still has the original camera card, and of course two forensic copies, which are supposedly identical (but hidden from the defendant) and two FTK reports, which are about as different as any two FTK reports seeking the same image file evidence could possibly be.
Frank Parlato 
Janine Morrison 
J.J. O'Hara 
Richard Luthmann 
Marie White 
Paul Serran
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All this will soon turn around in Keith favor, why you ask? Well, he is after all THE SMARTEST MAN IN THE WORLD
Keith is only the smartest person in his solitary cell when he is alone there. His world consists only of his solitary cell. His world ends at the bars, and that will never change.
Hi Suneel-
I haven’t forgotten about you….
And no one who’s seen your
U-G-L-Y face hasn’t either….
You failed miserably at helping Kieth – nothing made it past the appellate court or even the judge. Nothing!!!
LMAo @ you!!!
Clare and you are two neerdowell trust fund babies.
At least you’ve been successful at wiping Clare’s bottom.
Nice Guy,
What I don’t understand is, why do they have Suneel doing legal work? He is not a lawyer. Clare put up an $11 Million legal fund for Keith and other Nxivm asswipes to have LAWYERS do the legal work. Just does not make sense.
Suneel already wiped Clare’s ass. Now he is Keith’s errand boy. I guess the latter is better.
Pilgrim-
Great question….
….And one I’m sure are dear
Mr. Parlato knows the answer to.’
Over time I’ve come to believe Frank holds the “whole story” close to his chest.
Frank has his reasons I’m sure…
And thus…….
“The Great Vanguard”,
Keith Raniere, heretofore prisoner 57005-177,
shall spend his ‘immortal’ life in prison.
Hope he enjoys his “official” new home.
Note: “Official” is an inside joke.
I hope he scrambles and appeals for the rest of his life. All it’s doing is causing him more stress and the result is not going to change.
You know what the definition of insanity is? It’s Keith Raniere.
He is in Prison for the remainder of his life, and he deserves every second. He has no remorse for what he has done therefore, he deserves no pity. Keith can now feel what Daniella felt those 2 years of her life when she was locked in that room. Hopelessness and ignored. Good Riddance!
Once they bury you it’s nearly impossible to get out from under no matter how many rights have been violated.
The inhumanity of how he’s been treated should be of concern to the public. It can happen to any of us.
I don’t think his rights were violated. I feel bad for him but this guy doesn’t think he did anything wrong. Pretty sure if he had a human heart instead of a gigantic ego, things might have gone differently for him. Same with Danielle. But both of these people are so stubborn and self righteous. They can admit no wrong.
I commend Frank for his interest in fair play. I hate to think the FBI did something dirty, but KR had more than his day in court and he showed us what he really is. A damaged and egotistical asshole that believes he’s the smartest man in the world.
I’ve said it before and it’s a wild theory, but I have a suspicion that KR might have used some kind of bug or worm to self destruct the photos. It would totally explain his smug confidence and why he felt so safe presenting no defense. It almost like he “knew” or rather, “believed” he had this backup plan.
And if this were so? It makes sense the FBI would side step the issue. Why advertise that such tactics might exist?
This makes way more sense to me than the FBI “planting” evidence. They had enough of a case against him.
One important sentence is missing at the end: Viva Executive Success!
United States v. Raniere, 1:18-cr-00204-NGG-VMS, (E.D.N.Y)
Document Number:1248
Date Filed: Mar 28, 2024
MEMORANDUM & ORDER as to Keith Raniere, Mr. Raniere’s appeal has no merit and any potential prejudice from denial of a stay pending this appeal is “outweighed by an interest in the finality of his conviction.” (Mem. and Order dated Mar ch 6, 2024 at 7.) The court therefore DENIES Mr. Raniere’s request for a certificate of appealability and request for a stay. The Defendant’s submission of his Reply in support of his pending Rule 33 motion remains April 22, 2024. (See Mem. and Order dated March 6, 2024 at 6-7.) So Ordered by Judge Nicholas G. Garaufis on 3/28/2024.
https://storage.courtlistener.com/recap/gov.uscourts.nyed.416187/gov.uscourts.nyed.416187.1248.0.pdf
It is sufficient to justify the rejection on formal grounds. It is not necessary to deal with the details of the content on the camera’s memory card or the content on the hard disk. The right of the defendant or his defense consisted only in the inspection before or during the main hearing; a further right of inspection or evaluation after the conclusion of the main hearing no longer exists and can only be granted in very few exceptions. There is no applicable exception for the Ranieres case. In the Ranieres case, the use of the memory card or hard disk as evidence or argument is inadmissible because it is not new, unknown evidence within the meaning of Rule 33.
ALL TRUE, BUT…
We all know Raniere is getting screwed by a BS technicality. Meanwhile, his life and freedom is at stake. Raniere should be allowed access. The Rule 33 should be fairly reviewed and let the chips fall where they may.
FYI: I’m not a Raniere fan in any way; however, I believe all men should get a fair trial and no man should be put away for life when there are valid questions that need answering.
Agreed He’s getting far beyond what he deserved and his rights were violated in getting him there
He’s been treated inhumanly – taking a man’s liberty is punishment enough
He was a destructive being but he’s not a mass murderer.
In a manner of speaking, Raniere has set all this up. He refused to take responsibility for any immoral or criminal acts he committed; thus, antagonizing those he abused, potential supporters, the media and the judicial court. If he had sincerely and humbly apologized for all his misdeeds, he would have received a far more reasonable sentence and a more lenient judicial system with whom to negotiate.
“The dye has been cast” and it appears Raniere will spend the rest of his life in prison, fair or unfair. Being a villain and being prideful / arrogant has a cost. There is a lesson for everyone.
I’ve met both Judge Garaufis and Raniere’s lawyer, Mark Agnifilo in several social situations. Garaufis is pleasant on the surface, but has very tight boundaries and takes no BS. He can be both merciful and vengeful; but you don’t want to be on his bad side. Raniere got on his bad side but trying to be smarter than him, providing no defense and not acknowledging the harm he caused.
Agnifilo is a “people pleaser” and he tried to please both Raniere and Garaufis. He needed to spell out to Raniere what he was dealing with and tell him early on that he needed to accept responsibility and plead out to 15-20 years. He preferred to placate Raniere. Agnifilo also placated the court; he did not challenge the prosecution during the trial and demand the information he needed regarding the camera card.
Raniere chose the wrong lawyer and got the wrong judge. Still, he had the option to plead out very early on and he did not take it because of his own pride and arrogance.
I don’t think you understand this story.
KR was set to create a society of blackmailed slaves. The purpose of which was to control as much of the world’s wealth as possible.
I challenge you to read his patents. He is a very sick man. He describes gang stalking and terrorism as a beneficial thing. It’s really sick. He talks about making people touch dead bodies.
Murder isn’t cool. But this man received his sentence for a reason.
The laws have a purpose, and Rule 33 fulfills a well-thought-out purpose. It prevents interminable appeals and creates legal certainty by preventing the finality of judgments from being indefinitely and maliciously delayed. All defenses raised by Raniere and his attorneys should have been raised before or during trial. Raniere’s conviction was 5 years ago and the judgment is still not final. After so many years, the victims have a right that the legal validity of the case is not delayed indefinitely by procedural tactics. This serves general legal certainty and prevents obstruction of justice.
Regardless if Rule 33 were to apply, it still doesn’t negate the FBI interview with Cami where she confessed on the record that Keith in fact had sex with her when she was 15 and took nude photos of her on the same day. Keith is just trying to find a loophole so he can make the molehill into a mountain instead of finally realizing his place. Word salad has no effect on the judicial system and it never will, thankfully.
So now he’s going to have one he’ll of a time finding the nearest Fotomat.
Poor Squarefoot. Him and Suneel are losing at every turn. Plus, those shitty lawyers Horseass hired are complete failures.
Any attorney, no matter how good, loses hopeless cases. This also applies to highly paid attorneys. They try to get the best out of every case for the accused. Raniere’s attorneys must have advised him to make a deal with the prosecutors. But Raniere is not open to that, he wanted an acquittal on every charge. He had a deal from the prosecutors for a guilty plea with a maximum sentence of 30 years. He simply gambled too high, put all his eggs in one basket, and lost everything. That’s the way it is with a narcissist and a gambler. He never stops playing his game, with whomever. (His victims, his supporters, the attorneys, the prosecutors, even with Judge Garaufis himself)
Snorlax-
LMAO!
Finally a zinger!!!
You haven’t been at it in a while.
Indeed, denial does leave mystery!
I see what you did there with the “blue light”. Lol.
Raneire is such a jag off. He told women they would “see a blue light” if they had sex with his sorry ass.
So, if the kiddie porn pics were planted, then where did they come from? What is the source of the pics? I imagine the defense is not concerned with that. They just want a new trial or for Kieth to be freed. I get that, but would like to know.
Production of child pornography is a serious crime. Doe DOS have intellectual curiosity to get to the bottom of where this child porn came from? If Cami is a former member of DOS, do they not care if she was raped or procured for kiddie porn? Do they not care about Cami at all? Seems they love their sisters until they break up with Kieth. If a women leaves Kieth Raneire, DOS, Dead-enders and other Nxivm loyalists turn on that person and seek to destroy them.
DOS was a grooming operation for Kieth. He collected collateral then used it as blackmail material to coerce women into having sex with him. All of it under the guide of “womens empowerment”.
Dimwits of Satan, how do you feel? You were tricked into providing nude pics to Kieth”Squarefoot” Raneire: THE SMARTEST MAN IN THE WORLD… BWAAHAHAHAHAA. You got SERVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVED.
Dimwits, ready to denounce Kieth?