Frank Parlato
Ineffective Assistance Claimed: Raniere Challenges Legal Representation (with art by MK10ART)
FR continues to analyze Keith Raniere’s last surviving motion before Judge Garaufis: Ineffective Assistance of Counsel.
Raniere, who is acting pro se in this motion, addresses the sex trafficking of Nicole – a singular act of oral sex between two women with no financial transaction. Raniere blindfolded Nicole, who was naked and tied her to a table. He asked if she agreed to do this act, and she said yes, according to her testimony.
Camila snuck in and began performing oral sex on Nicole, without her knowing who it was as Raniere watched and made observations.
He says his lawyers blundered because they did not challenge jurisdiction and other essential elements.
Legal Argument: Venue Dispute
The sex act with Nicole did not occur in the Eastern District of NY but in the Northern District of NY.
Citing United States v. Purcell (2d Cir. 2020), Raniere argues that “Venue is proper only where the acts constituting the offense – the crimes – took place.”
The only way the EDNY could have charged him, he says, is if he brought Nicole from the EDNY to the NDNY on the day the sex act occurred.
Raniere wrote, “Nicole was already in the Northern District of New York, where the allegations of sex trafficking occurred.”
The DOJ’s justification for the EDNY’s jurisdiction over the sex trafficking charge surfaced during their closing argument at trial when a prosecutor said, “Nicole took either Amtrak or Greyhound to and from Albany the day of that assignment – Amtrak or a bus, a commercial bus. The use of these modes of transportation affects interstate commerce.”
Contradictory Testimony
The government’s assertion hinged on the claim that Nicole’s use of Amtrak or Greyhound to travel to and from Albany on the day of the alleged act affected interstate commerce.
However, Nicole testified she did not travel on the day of the ‘sex act.’ A day before the incident, she was already in Albany, at Allison Mack’s residence, contradicting the government’s timeline.
The government’s assertion hinged on the claim that Nicole’s use of Amtrak or Greyhound to travel to and from Albany on the day of the alleged act affected interstate commerce. However, Nicole testified she did not travel on the day of the ‘sex act.’ A day before the incident, she was already in Albany, at Allison Mack’s residence, contradicting the government’s timeline.
Surprise and Lack of Foreknowledge
In addition, Nicole testified she was surprised by the unplanned blindfold-table act. She also testified Mack was surprised when she found out after the incident.
Raniere argues that “lack of foreknowledge about the act by Nicole or Allison, who orchestrated Nicole’s trips to Albany, disconnects the travel from the alleged sex act.”
In other words, Nicole did not travel to the NDNY for commercial sex, and hence, the EDNY does not have jurisdiction to charge him.
Raniere further argues the government does not know how Nicole traveled to the NDNY, guessing it was either Amtrak or Greyhound, but not sure which.
Raniere wrote, “Nicole’s frequent travels to Albany, encompassing various modes of transportation, further undermine the government’s argument, especially considering the absence of direct evidence specifying the mode of transportation used for this particular trip.”
Further Legal Challenges
Raniere also points out that Brooklyn and Albany are in the same state, and so there was no interstate commerce to effect.
He writes, “The intra-state nature of travel from Brooklyn to Albany challenges the assertion that such movement impacts interstate commerce.
He also challenges the prosecution’s argument for commercial sex, another requirement in sex trafficking.
Raniere says the government’s argument that the blindfold event, which Mack did not attend, was commercial sex because Mack, who was Raniere’s “slave,” derived something of value for providing her “slave” Nicole for the blindfolded sex.
The argument was that the blindfold incident made Raniere ‘happy’; therefore, by making her master happy, she would secure economic benefits within DOS’s hierarchical structure.
Raniere argues the government was merely wildly speculative and failed to provide any “concrete evidence linking Mack’s position in DOS to this specific act.”
He also implies foul play, adding that the government relied on “Mack’s state of mind during the trial at which she did not testify.
Raniere adds, “The timing of Mack’s discussions with the government post-indictment undermines the credibility of this claim.”
Raniere concludes this part of his 200-plus page motion with, “After an extensive 18-month investigation and multiple indictments, the government’s failure to substantiate the elements of commercial sex and interstate commerce exposes a critical jurisdictional flaw.
“This deficiency underlines the government’s lack of legal standing to initiate the sex trafficking case against Keith Raniere, eroding the legitimacy of the charges and the appropriateness of the Eastern District of New York’s jurisdiction in this matter.”
Raniere has appealed the sex trafficking of Nicole post-conviction and lost with Judge Garaufis and again at the 2nd Circuit Court of Appeals.
He is now challenging it, because he argues his attorneys should have challenged jurisdiction before the trial and not after it.
Frank Parlato is an investigative journalist, media strategist, publisher, and legal consultant.
Please leave a comment: Your opinion is important to us!
It’s pretty crazy they got him on this interstate technicality, but it’s kind of true!
Lest we forget? Keith had a taste for young actresses and was using them to target vulnerable girls. He had sex with an entire family of sisters. Took documents from one and even ordered her sent back to Mexico without them. Transported another across the border without papers.
It’s unquestionable that Keith used Alison to procure Nicole and that Alison received benefits as a result. Even if it was just less torture and possibly being able to get paid for her work!
His patents, specifically, Methods of Blindly Resolving an Issue explain what a maniacal lunatic this guy really is.
He’s right! Alison didn’t fully know what she was setting Nicole up for. Maybe she ought to have? But here’s a quote from the patent:
“It should be noted that in certain cases, it may be advantageous to blind each Mentor from other Mentors, to blind the Focus from the at least three Mentors, or to blind previous group members from subsequent group members. In these examples listed, the same communication formatting system may be employed to create anonymity between any or all participants in the method for blindly resolving an issue.
He’s such a creep.
He even used other people to rape some of his victims.
United States v. Raniere, 1:18-cr-00204, (E.D.N.Y)
Date Filed: May 7, 2024
ORDER: The court GRANTS 1259 Defendant Raniere’s request for an extension of time to amend his habeas petition under Rule 15(a)(1)(A). The amended petition is due on August 5, 2024. Once filed, the Government is DIRECTED to respond to the amended petition by October 4, 2024. So Ordered by Judge Nicholas G. Garaufis on 5/7/2024. (ER)
Document Number:1259
Date Filed: May 7, 2024
First MOTION for Extension of Time to File Amended 2255 by Keith Raniere. (Blum, Deborah) (Entered: 05/07/2024)
Extension of Time to File Document
https://storage.courtlistener.com/recap/gov.uscourts.nyed.416187/gov.uscourts.nyed.416187.1259.0.pdf
Document Number: 1258
Date Filed: May 7, 2024
NOTICE OF APPEAL by Keith Raniere as to Keith Raniere, Allison Mack, Clare Bronfman, Kathy Russell, Lauren Salzman, Nancy Salzman re 1256 Order on Motion to Vacate, Order on Motion for New Trial,, Order on Motion for Leave to File Filing fee $ 605, receipt number NYEDC-17849989. (Tully, Joseph) (Entered: 05/07/2024)
Notice of Appeal – Final Judgment
https://storage.courtlistener.com/recap/gov.uscourts.nyed.416187/gov.uscourts.nyed.416187.1258.0.pdf
Document Number: 1257
Date Filed: May 6, 2024
Notice of Attorney Appearance – Defendant
https://storage.courtlistener.com/recap/gov.uscourts.nyed.416187/gov.uscourts.nyed.416187.1257.0.pdf
Achtüung:
“Keith Raniere gets yet another lawyer for yet another motion in his legal case, possibly shifting tactics to attack his 120 year sentence
On the docket for Keith Raniere’s case, the lawyer Deborah J. Blum has made her written [notice of appearance]”
Happened yesterday!
Suneel has used her.in the past -guess Suneel is still involved. Not answering my question answered more…..Baz Rutten!!!!
Wanna see my knackwurst?
NutJobzien nien Knackwurst?
Well, we can tell that horseface went to find him a lawyer as her first order of business when arriving at the 1/2 way house in the Bronx.
https://www.ebay.com/itm/395257895085?mkcid=16&mkevt=1&mkrid=711-127632-2357-0&ssspo=hy5upuihtzy&sssrc=4429486&ssuid=Jid9UdB0SWm&var=&widget_ver=artemis&media=COPY
INCLUDES BOTH BOOKS: Odin &the Sphinx and The Sphinx and Thelxiepeia, original book, brand new, no longer printed
****Subject to reasonable offers*****
Extremely low offers will be automatically declined.
See my account for information on book bundle.
About the CULT:
*See HBO’s docuseries the Vow; Starz’ Seduced: Inside the NXIVM Cult; Uncover by CBC*
About the Books
The Sphinx & Thelxiepeia: A continuation of Odin &the Sphinx, as Raniere states, “the fruit of one transformed into the seed of the next.”
Written by Keith Raniere and Ivy Nevares
Forward written byHis Holiness, the Dalai Lama in 2009.
Dive into the mind of convicted felon Keith Raniere and then girlfriend Ivy Nevares. Engage in Raniere’s personal views and exploration of topics including language, justice, science and faith, free will, and other ideologies in this captivating tale of the Norse god Odin & The Sphinx.
This book is an original copy and no longer printed. There are only a handful of copies of Odin & the Sphinx and they are hard to come by with prices rising.
About the author
Keith Allen Raniere (bornAugust 26, 1960) is an American felon, cult leader, and convicted sex trafficker. He is the founder of NXIVM, a multi-level marketing company and cult based near Albany, New York. Raniere is described by Nevares as one of the most extraordinary individuals in the world.
About NXIVM
NXIVM was an American sex cult that engaged in sex trafficking while claiming to be a multi-level marketing company. Based inClifton Park, New York, a suburb of Albany, the group claimed to offer personal and professional development seminars through its “Executive SuccessPrograms” of large-group awareness training. The company has been widely described as a cult, and was shown in court to have been a recruiting platform for a secret society called “DOS” in which women were branded and forced into sexual slavery.
Acknowledgements: Special thanks is given to Nancy Salzman, for providing those involved with creating the book invaluable support, hospitalitnd friendship.
[…] Blindfolded Justice: Raniere Claims Ineffective Counsel in Sex Trafficking Charge […]
Hmm…
https://mol.im/a/13391525
Frank-
Look up Suneel on Twitter (X).
He hasn’t made a post since October of last year.
Is he still supporting Keith Raniere or has he moved on?
Just wondering.
Thank you!
Suneel-
You’re glutton for punishment….
You keep checking the comment section.
Nothing changes you’re still ugly!!!!
Wear a Covid mask and sunglasses over your face – maybe even try one of Clare’s adult diapers!
I feel for the Fernandez children. They were completely under the control of Vantard. I mean, their parents basically trafficked their three daughters to a sexual predator and robbed them of their youth. Their childhood was being groomed for the sexual desires of scumbag Vantard.
The parents – Hector and Arianna – remind me of Mary Ann and Bob Broberg (parents of Jan Broberg). The Broberg parents pimped out their daughter Jan to a pedophile named Bob Berchtold. He kidnapped and raped her, and the parents supported HIM, not their own daughter after this was revealed.
What’s the deal with these parents sex trafficking their own children to known pedophiles?
Dossier Project/Dead-enders, you are all so smart. Can you enlighten us?
Listen up, you Frank Report cretons, there is ONLY one “Kemar” in the Universe, and it is the Avatar Son of Keith “Vanguard” Raniere and Mariana “Monkey” Fernandez!!
Vanguard could have impregnated ANY of his harem members, like Nicki Clyne, Alison Mack, Rosa Junco, Lauren Salzman, etc. THEY ALL BEGGED TO BE MOTHERS OF HIS CHILDREN, but he KICKED THEM ALL TO THE CURB FOR OUR DAUGHTER! He CHOSE our precious little “Monkey” to carry on his DNA.
Does “Kenic” or “Keali” or “Keros” or “Kelau” sound right!?!??
NO! IT HAD TO BE “KEMAR”! It rolls off the tongue far easier. Our little Mariana was put on Earth to bear the AVATAR OF VANGUARD!
YOU FRANK REPORT ARE THE SCUM OF THE EARTH!!!!!!!!!!!!!!!! MAY YOU BE DAMNED TO HELL FOR MOCKING KEITH RANIERE!!!!
We know Raniere isn’t the smartest man in the world. He’s a stupid criminal doing 97 years of 120 year sentence.
As far as your daughter monkey 🐒. We all know how lazy & spoiled she is.
Ke-mar is no super human grandpa. Hopefully you will reconnect with the rest of your family who have some morals and forget about Raniere.
Give this kid a chance at a better life.
HOW DARE YOU QUESTION THE VANGUARDS INTELLIGENCE!?!???!!!????!!? YOU MOTHERFUCKER!!!!!!!!!!!! YOU ARE A FOOL AND A SUPPRESSIVE. YOU MUST REVERSE YOUR DISINTEGRATIONS!!!!!
“CHANCE AT LIFE”? KEMAR WILL RULE THE WORLD!!!!!! YOU AND ALL OTHER LUCIFERIANS WILL BE ENSLAVED WHEN MARC ELLIOT, SUNEEL CHAKRAVORTY, CLARE BRONFMAN, EDUARDO ANSUSOLO, MICHELE HATCHETTE, SAHAJO HAERTEL, ANJELICA HINOSO AND LINDA CHUNG RESTART ESP WHEN CLARE BRONFMAN IS OUT OF PRISON!!!!!
DANIELLE ROBERTS WILL BRAND ALL DEFECTORS ACROSS THEIR FACES WITH THE INITIALS OF KEMAR! SHE WILL BRAND ALL MALE DEFECTORS TESTICLE SACKS WITH THE NXIVM INSIGNIA! ALL FEMALE DEFECTORS WILL HAVE THE EXO ESO LOGO TATTOOED ON THEIR LABIA!!!!
Wtf
MyNameStats.com
[ Excerpt]
https://www.mynamestats.com/First-Names/K/KE/KEMAR/index.html
The name Kemar is of African origin and means “Lovely, beautiful, loves to help people”.
Kemar is a common male first name, especially in Jamaica. A variant is Kemarley or Kimarley.
KEMAR will come for you all!
How dare you all NOT acknowledge my nieto’s SUPERHUMAN abilities?!! He is the offspring of THE SMARTEST MAN IN THE WORLD!!
He is already able solve complex, advanced LEGO towers.
He is KEITH RANIERE’S CHILD!!! YOU ALL MUST BOW DOWN TO YOUR NEXT VANGUARD! YOU MUST SERVE HIM!!
ALL FEMALE NXIVM DEFECTORS, DANIELLE ROBERTS IS HEATING UP HER CAUTERIZING PEN FOR EACH AND EVERY ONE OF YOU UNGRATEFUL BITCHES! ALLISON MACK WILL DECREASE YOUR DAILY CALORIE ALLOWANCE TO 75! AND YOU WILL BE FORCED TO RUN 13 MILES PER DAY UNTIL YOUR FAT ASSES ARE DOWN TO 79 POUNDS! YOU LAZY, FAT BITCHES WILL BE BRANDED AND WHIPPED BACK INTO SHAPE FOR OUR AVATAR NIETO, KEMAR!
FRANK PARLATO, YOU WILL BURN IN HELL!!!
If Vanguard had had a child with Barbara Bouchey would the child’s name be Kebabs?
Is it satire or is it meant seriously? It’s always a good thing when others go out of their way to amuse others. Fun is allowed.
you seriously need to run this past donna chump.
You’re starting to sound like Bangcock doped on coke!
Alex-
We are simpatico my dear friend.
At first blush, I too thought this scoundrel to be Bangcock. Sadly Bangcock ran away with his family’s Guatemalan nanny/maid. His last known words were
“Consuelá needs Pledge.”
https://youtu.be/uklF7VtqJq8?feature=shared
Where is the portrait of Keith from 455 New Karner Road?
It would be interesting to know where the portrait is today and in whose possession it is.
Frank ReportLeaked photos of New Karner with handsome portrait of 57005-177 [AKA Vanguard]April 12, 2018
[ …]
And now we come to the picture you all have been waiting for. How many of you have wondered what is in the sanctuary of 455 New Karner? Hidden in the spot that only the most devoted and trusted can dare be is a portrait of Keith Raniere.
How quaint and charming both,
https://frankreport.com/2018/04/12/leaked-photos-of-new-karner-with-handsome-portrait-of-57005-177-aka-vanguard/
Michelle Salzman was the artist of this photo.
Did the government take possession of it with the building?
Is it in a landfill somewhere in upper New York as no one dare touch it after the slme of DOS came out?
Michelle Salzman surely wouldn’t want the drawing.
Raniere screwed her family over.
Frank-
I always love reading the captions.
Thanks for laughs!!!!
I’m glad you are laughing, but have you apologized to Scott yet? Just asking.
I’ve tried to apologize to Scott at least a dozen times. He either won’t answer his pre-paid phone or ran out of minutes.
Divorce is expensive and Scott didn’t have any money to begin with.
***
BTW:
The You Tube and Instagram personality,
“Always Marco” sends his regards to Scott. I contacted him via Instagram.
Thanks to Marco, I saw Scott’s hovel. https://images.app.goo.gl/wez7YXuCksqVBRSy5
I’m kidding. Scott’s dwelling is somewhat nicer.
LMAO
Could Scott’s house look like this? Here is a small selection.
https://www.google.com/imgres?imgurl=https://bloximages.newyork1.vip.townnews.com/kxly.com/content/tncms/assets/v3/editorial/f/56/f5606f04-cd01-11ed-943c-f7e76f822684/642238dd5c69c.image.jpg?crop%3D1247%252C1247%252C207%252C0&tbnid=pxr_OBz_nUXYmM&vet=1&imgrefurl=https://www.kxly.com/news/tear-it-down-abandoned-spokane-home-slated-to-be-demolished/article_8b1d6c6e-ccfc-11ed-886d-63c2122a2d57.html&docid=6QKfzYfQQoSymM&w=1247&h=1247&hl=en&source=sh/x/im/m5/3&kgs=2c74a510f6d203cd&shem=abme,trie
He ran out of minutes. His wife ran out on him. Amway won’t take him back. His life is a mess and all you have to say is LOL
You are correct. I feel so guilty. I am a mean person.
Scott’s life sucks. I shouldn’t poke fun at him.
I wish him well.
***
Scott, if you read this, I am so very sorry!
I am sure this apology will make NutJob feel better as well.
RE Kieth’s Desperate Appeal:
Keith is grasping for straws and cutting hairs….
The last gasps of a desperate dying man. Boohoo!
“The intra-state nature of travel from Brooklyn to Albany challenges the assertion that such movement impacts interstate commerce.”
Sorry Kieth:
The nature of travel does not impact interstate commerce, when it is a tossup between a train or a bus.
She didn’t bike or FEDEX herself.
Business Insider
The science-backed psychology techniques Nxivm used to ‘fetishize vulnerability’ and manipulate members into sex
Julia Naftulin, Oct 27, 2020, 10:14 PM MEZ
https://www.businessinsider.com/nxivm-used-real-psychology-to-fetishize-vulnerability-manipulate-2020-9
The method developed by Keith in NXIVM/DOS is based on three elements, which in their entirety represent a strategy of power and control over women. This strategy is based on the simultaneous application of three elements: Obedience, deindividuation and exhaustion.
Any port in a storm, More word salad from Keith.I wonder if he ever gets tired of hearing himself. Soon the lights will dim ,Keith will take his final bow , the dancers have all gone home , the bank accounts have run dry , no one’s putting money on his books .There’s nothing left just the smartest man in the world ,east coast judo champion in a dimly lit cell every day much like the one before for the next 99 years, his story is coming to an end .
Viva Executive Success :
It should be noted that Viva Executive Success can be described as a success story. However, this does not apply to Vanguard, who is embodied by Keith Alan Raniere. This is because Vanguard contributed too little to the success, as he was not committed enough. Nancy Salzman and the Bronfman sisters and others, as well as the flying monkeys, on the other hand, have made a significant contribution to Success.
I taught you, pain is joy, not my pain is your joy.
Inside look at Nxivm cult leader’s ‘sex lair’ in New York [youtube]
The video has a length of 3:23 minutes.
https://youtu.be/41ntskJeUFY
The funny thing about this is, if KR showed remorse (even if he had to lie about it), and didn’t sue the DOJ, I believe he would have had a shorter sentence.
He is such a bastard
Maybe, with any luck, Puff Daddy -Diddy will be his cell mate. Two cozy little human traffickers together in a pod.
9 And masters, treat your slaves in the same way. Do not threaten them, since you know that he who is both their Master and yours is in heaven, and there is no favoritism with him. The Armor of God.
stealing
noun
1. The act of taking feloniously the personal property of another without his consent and knowledge; theft; larceny.
Because NXVIUMers originally agreed to either being called a SLAVE or a MASTER, the whole NXVIUM situation made me question the actual definition of slavery. By definition, The meaning of SLAVERY is the practice or institution of holding people as chattel involuntarily and under threat of violence. The NXVIUMERS all agreed to this morbidly archaic terminology slave/master thing—So, by definition, were slaves “stolen” if they initially gave their consent? (satanic) That’s not to say that they weren’t later blackmailed, manipulated, and even tortured, of course they were, and that’s not ok. But initially they agreed to give up ownership of their person, so technically were they “stolen”?
I think an relevant question can be, as a society, how do we all participate in this old fashioned, unproductive/counterproductive school of thought? I always laugh when I ask overtly religious people about their bible (torah)—Why would the bible tell us how to treat stolen property when according to the ten commandments, it is a sin to steal? 9x out of 10 always get very uncomfortable, some angry, some change the subject, some will challenge your faith, some will not know what to say, but very seldomly will a person give you a logical, calm reply. And the bible (torah) controls mass mind thought in our world, so this means many people may not be challenging a very important question that may be influencing the way we treat ourselves and others in the micro and the macro.
Does the bible tell us how to murder or lie or cheat on our spouse or how to steal? So why does it tell us how to treat stolen humans? Until we can comfortably begin to ask these questions and start to find different solutions, there will be more NXVIUMS, more slaves, more masters……
Become the masters of our own destiny, just say no to slavery.
morales – your logic is faulty. God never said man was without sin.
I am not at all religious – just pointing that out.
Anonymous, the point is not whether man is with or without sin, the point is the Bible tells you HOW to sin. Your comment is typical and to be expected. Short sided mentality that perpetuates this slave/master cycle. We need to stop thinking this way. Human slavery is at an all time high now and until we are willing to rock the boat and reexamine our core beliefs and or our subconscious thoughts, we will continue to enable this madness. It’s not about religion, dear Anonymous, it’s about freedom from the tyranny of our own spiritual limitations.
The issue that he has is that he is, in fact, guilty. This submission smacks of an attempt to discredit credible witnesses as a last jab at them for not continuing to endure his sadistic behaviour and narcissistic abuse. This too will be denied and hopefully the dude can rot in prison until dead. Now THAT would be Justice.
Is he still trying ? Maybe Clare will sell a book about how she decided to become the perfect toilette bowl scrubber. She could write long chapters about how it revolutionized her existence and she can donate alllll the profits to her Vanguard.
Without Suneel to wipe her ass in prison, she to had to learn about proper personal hygiene after taking a shit. Hopefully she will leave prison with at least one skill: wiping her ass without the ASSistance of Suneel.
28 U.S. Code § 2255 – Federal custody; remedies on motion attacking sentence
(a) A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.
(c) A court may entertain and determine such motion without requiring the production of the prisoner at the hearing.
(f) A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of—
(1) the date on which the judgment of conviction becomes final;
(4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.
Permitting motions to be brought without a page limit would permit Raniere and other parties to challenge every detail and decision of a trial, necessitating a comprehensive reexamination of that trial. This would be a waste of the court’s and judges’ capacity. Objections to evidence and evidentiary rulings and a review of evidence should be the subject of trial, not post-trial motions and appeals. What was omitted in the court proceedings cannot simply be made up for after the verdict. Raniere appears to disregard this.
There’s a reason way Raniere has to file this pro se. His lawyer wasn’t going to sign this nonsense.
Raniere was the kid on the playground who would argue why the sky wasn’t really blue.
He was a work around everything when he has to be right. Let’s remember he has lost 99.9% of all legal cases he been involved with since be beginning of his brilliant CBI day.
He is going to lose this final motion before Judge Garaufis.
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NEW YORK
(BROOKLYN)
KEITH ALAN RANIERE,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.
(Criminal No. l:18-CR-00204-l)
MOVANT’S MEMORANDUM OF LAW AND SUPPORTING APPENDIX IN SUPPORT OF MOTION TO CORRECT VACATE, AND/OR SET ASIDE SENTENCE AND CONVICTION PURSUANT TO TITLE 28 U.S.C. § 2255 COMES NOW Keith Alan Raniere with this Memorandum of Law in support of his Motion to Correct and/or Set Aside Conviction and/or Sentence pursuant to Title 28 U.S.C. Section 2255. In support thereof, Mr. Raniere provides the following facts that show he is entitled to relief or, at a minimum, an evidentiary hearing to properly develop his claims.
TABLE OF CONTENTS
TABLE OF CONTENTS 2
TABLE OF AUTHORITIES 4
JURISDICTION 7
STATEMENT AS TO WAIVER, CAUSE AND PREJUDICE 7
TIMELINESS 8
SUMMARY OF THE PROCEDURAL HISTORY 9
A. The Charges 9
B. The Trial and Sentencing 10
C. Direct Appeal 10
ARGUMENT 11
I. The Conviction And Sentence Of Mr. Raniere Are Violative Of His Sixth Amendment Right To Effective Assistance Of Counsel 11
A. The Performance of Counsel for Mr. Raniere Fell Below an Objective Standard of Reasonableness 11
II. Counsel Was Ineffective for Failing to Challenge the Lack of Subject Matter Jurisdiction Due To Illegal Extradition and Misuse of the US-Mexico Extradition Treaty 13
III. Counsel Was Ineffective for Failing to Challenge the Lack of Subject Matter Jurisdiction for Several Counts 21
A. The Lack of Interstate Commerce Nexus for the Alleged Sex Trafficking of Nicole 21
B. The Lack of Interstate Commerce Nexus for the Alleged Attempted Sex Trafficking of Jay 24
IV. Counsel Was Constitutionally Ineffective For Failing To Challenge The Illegal Search And Seizure Of Evidence 27
A. The Illegal Search and Seizure of the 8 Hale Drive Property 27
C. Illegal Search of the Hard Drive 37
D. The Illegal Searches of the Camera and Memory Card 39
V. Counsel was Ineffective for Failing to Present Exculpatory Evidence 42
A. Membership in DOS was Voluntary, Not Forced 42
B. Undermining the Date of Alleged Contraband 46
VI. Counsel Was Ineffective For Failing to Seek Judicial Recusal 48
VII Counsel Was Constitutionally Ineffective for Failing to Adequately Challenge the Sentencing Decision 52
VIIL .Counsel was Constitutionally Ineffective in Connection with Restitution Proceedings 52
IX. Counsel Was Constitutionally Ineffective in Failing to Investigate and Refute Key Evidence in the Case 54
X. Counsel Was Constitutionally Ineffective in Failing to Adequately Challenge the Unconstitutionality of the RICO Definition at Pre-Trial, Trial, and Appellate Stages.. 56
XI. Counsel Was Constitutionally Ineffective Due to Unconstitutional Interference with Attorney-Client Communications by the Bureau of Prisons 57
XII. …Counsel Was Constitutionally Ineffective in Failing to Adequately Address Issues on Appeal 59
XIII The Cumulative Impact Of Trial Counsels Errors Addressed Herein Require An Evidentiary Hearing 61
A. Systematic Government Misconduct 62
B. Actual Innocence and Legal Insufficiency Due to Ineffective Assistance of Counsel 66
C. Additional Trial Errors by Counsel, Rendering Them Ineffective 71
XIV. An Evidentiary Hearing is Necessary and Would Be Useful to The Court 73
CONCLUSION 75
Interest in nxivm and in Keith and Allison Mack remains high. Isn’t that surprising?
inspectorcrimes [Instagram]
https://www.instagram.com/inspectorcrimes/reel/C5tlIqLuFQB/
Sounds like Vanguard has a crack legal team!!
Call me silly, but are they not supposed to find this stuff before the trial is over?
Marc Agnifilo, nice job, buddy!!
A “crack” legal team? Suneel is an expert on cracks. Especially Clare’s dirty one.
LMFBO!!
Good point! Suneel is a crack addict!
Suneel was trained, mentored and assessed by Clare Bronfman and is a highly qualified Doo-doo expert. This was even reported to a court.
I’ve had long discussions with Marc Agnifilo. The only job I would consider hiring him to do is to drop my kids off at kindergarten and smile for the NYT. I’m dead serious.
Even if you can’t imagine Marc Agnifilo as your attorney and would never hire him, he still has enough wealthy clients to work for. He can live with the fact that you would not hire him if you were charged and needed a defense attorney. But thanks for the advice. Unfortunately, I’m not dependent on such anecdotes.
Maybe Agnifilo can wipe Clare’s ass, like Suneel, for money?
Anything Keith wrote in his motion after page 25 cannot be relied upon by Judge Garaufis in reaching his decision. Because the rules require that motions cannot be longer than 25 pages. And Keith’s main arguments should be at the beginning of his motion. Frank Report should write on which page the quoted statements of Keith are in his motion.
Raniere’s claims regarding Nicole appear on pages 21-24 of his Supporting Memorandum of Law, so they’re technically within the 25-page limit if one doesn’t include the pro forma documentation preceding the brief.