Frank Parlato
Brooklyn’s Bizarre Case: Only Conspiracy on the Menu for OneTaste
Last week, the US Attorney for the Eastern District of New York won a battle in its case against OneTaste defendants Nicole Daedone and Rachel Cherwitz.
But they may have lost the war.
Happily for the prosecutors, the mainstream media missed the significance of the battle won or lost.
Last year, the US Attorney for the Eastern District of NY filed an eight-page indictment that charged the two women with forced labor conspiracy.
Note the word conspiracy. It will be important later.
Daedone and Cherwitz sought to have the indictment dismissed because it did not mention who, what, where, when, or how the defendants forced anyone to labor.
The US Attorney brilliantly argued against dismissal.
He wrote in his response papers, “the defendants overlook that the instant case charges a conspiracy and not a substantive offense. The defendants could be proven guilty if they never forced any victim to do anything—so long as the evidence proves beyond a reasonable doubt that they agreed to do so.”
Conspiracy is a federal charge, the US Attorney reminded the judge and the defendants, in which a defendant does not have to commit a crime but only agrees to execute it with one or more people.
Judge Diane Gujarati agreed with the US Attorney and denied the dismissal, though the indictment fails to mention a single instance of alleged forced labor.
She denied it because the prosecutors were right.
Conspiracy, Not Coercion: The Curious Case Against OneTaste Founders
In their one-count indictment, the prosecutors alleged a conspiracy and not a “substantive crime” against Daedone and Cherwitz.
A substantive crime is an illegal act that directly violates a law.
The primary offenses of our legal system – theft, murder, assault, robbery, fraud, drug trafficking, forced labor – are substantive crimes.
Crimes that are not substantive generally relate to acts preparing for the substantive crime.
These can include attempts to commit a crime, conspiracy to commit a crime, aiding and abetting a crime, or obstruction of justice.
While these actions may not be a crime on their own because they might not result in the crime’s completion, they are still punishable in the federal system because they relate to the intent to commit a crime.
For example, if someone commits burglary, that’s a substantive crime. However, suppose two people plan to commit burglary but never carry it out. In that case, they might still be charged with the attempt to commit burglary or conspiracy to commit burglary, which is not a substantive crime but still punishable due to its connection to the intended substantive crime.
US Attorney Banks on Conspiracy in Absence of Actual Crime
In the case against Daedone and Cherwitz, the US Attorney made it clear that he charged the two women with the non-substantive crime of conspiracy to commit forced labor and not the substantive crime of forced labor.
It is important. It is why the indictment did not mention who, what, where, when, or how the defendants forced anyone to labor.
The US Attorney does not have evidence that Daedone and Cherwitz forced anyone to do any labor.
That is not my opinion. This is what the US Attorney said in his court filing opposing the dismissal of the indictment.
He said his case is not forced labor but conspiracy to commit forced labor.
That’s the only charge in the indictment.
Defendants are typically charged with both forced labor and forced labor conspiracy.
But this case is different. There is only a conspiracy charge.
But how do we know there wasn’t any forced labor?
Because the FBI investigated Daedone and Cherwitz for five years before the US Attorney indicted them.
Because the US Attorney is not the defendants’ friend. He is not doing them a favor by charging them only with conspiracy, not forced labor. He is not trying to help them. The US Attorney is trying to put them in prison, garner good headlines, increase his conviction stats, and keep the million he persuaded a judge to let him seize.
None of that is friendly. It is adversarial.
The US Attorney charged Daedone and Cherwitz with conspiracy to commit forced labor and not the substantive crime of forced labor for only one reason on God’s good and green earth: He can’t prove that Daedone and Cherwitz forced anyone to labor.
If he could prove it, he would have charged it.
It would be a two-count indictment — forced labor and forced labor conspiracy if he could prove they forced anyone to labor.
But it is a one-count indictment — conspiracy to commit forced labor.
Happily for the US Attorney, the mainstream media won’t figure it out and will continue to write about it as if it were a forced labor case.
Frank Parlato is an investigative journalist, media strategist, publisher, and legal consultant.
Please leave a comment: Your opinion is important to us!
It is disturbing to continue to witness the War against Women.
It is happening all around us.
No evidence in this case!
And these women are facing possible 20 years.
Thank you for your reporting, it is so needed now.
We are in a time where we must, as woman stand up.. TOGETHER for the rights to our bodies, our voice, and the truth.
Generations to come are asking this of us.
Bex
We are entering a new age. The powers that were are holding on by a thread trying anything to not be exposed for the unimaginable crimes of cruelty that have been perpetrated on those who seek to change the dynamic of power over.
As a Woman who’s committed to power-with I swear to support the cutting of the final strings that hold us hostage to a ridiculous outdated system of law.
I know Nicole and Rachel are on this Path as well and I honor the unwavering commitment they hold to be the change.
I have and still do admire these two women for having the courage to say the things that needs to be said and for standing strong for the liberation of women, and thus men. I have taken many classes from this company, and they have awakened me to who I am deeper, and quicker than anything I have witnessed in my 63 years of life. I see this “witch hunt” as nothing more than targeting and nonsense. Conspiracy to what? Sounds like a Trumped-up charge if ever I heard one. They need to stop it! My prayer for Nichole Daedone, and Rachel P. and the whole crew is to live long and prosper. most of all keep healing and shining the light to liberation. I believed it saved my life.
I really appreciate your commitment to sharing what is factual. I think when it comes to something as serious as criminal charges that could land those accused in prison for a really long time, ensuring that it’s the facts that are being dealt with, and not emotion, vendetta, ambition and revenge, is so important. There are a variety of things that people have accused OneTaste of, none of them indictable, and it sounds to me like this was about all prosecutors could work to make stick. It’s a little frightening that they have to scrape the barrel like this to give the naysayers the retribution that they seek.
Thank you for this succinct synopsis of what is going on! And your investment in this case. It is so refreshing. I believe I said this already on your other articles but every single one I read I am like EXACTLY!! THANK YOU. Some sanity and reality! It’s been something I feel like myself and many others have been very patiently waiting for – especially speaking as someone who was contacted by the alphabet boys. 😉
And especially as someone who went through the OneTaste Membership program and have a deep unabashed love of my time and experience with them all. I will be unpacking everything I learned during that time for the remainder of my life.
Yes YES YES 🙂 <3
Conspiracy to commit forced labor is a crime. This seems like a OT PR piece. I wonder if my comment will be approved? All they need should come out in discovery. Not the indictment. Indictments give as little as needed.
Thank you for the clarity. Important distinction that is easily missed if you weren’t doing the work so show what’s true here.
Are women in their power and sexuality so dangerous? Leave them be.
Right, I am so confused at what it is that was brought to court, and why it was given the time of day by the courts. Talk about wasting taxpayers money….
Either there is evidence of forced labor or not. period. This conspiracy nonsense is tantamount to it being illegal to have a conversation. what’s next thought crime!?
Sounds like a witch hunt to me.
Thank you for digging into this and not making assumptions. Your reporting should be more widely seen. Have you considered bringing your journalism to other publications or mediums, perhaps a TV show to fully embarrass those gov officials for their mishandling…60 minutes? It would make for a good pitch.
Another example of cancel culture unravelling. There was no justice in the original witch hunts, perhaps there will be this time around.
I think you’ve made an extremely important distinction about conspiracy vs substantive. All the people who are making negative claims and saying nasty things will all have to face the facts eventually. There is no crime here and for the people driving this narrative, they did so by changing the context of their stories to make it look like people were harmed when in fact they weren’t.
The more light someone carries the more people will project their wounds, darkness and shadow onto them. This is what’s happening on a spiritual- energetic level here. Being someone who took several classes, programs and retreats with OneTaste I can say that I have seen people heal and I have seen people hate. What I have seen at OneTaste is that they loved you even when you hated them. They loved you and held projections in places where most people would not be able to love you. Light attracts darkness. People either choose the light and heal. Or they choose the dark. People either take self-responsibility or blame. People either look at their own shadow, that what is hidden and unconscious, or project their shadow onto others, institutions and the world. People either create or destroy. This is what I’m seeing here.
I haven’t met Nicole personally but I’ve worked for some of the people that work side by side with her on a regular basis. I’m working for these people I was never forced into labor. They actually paid me really well! I don’t believe the allegations against them. I believe it came form women who didn’t wanna do their program.
Are you telling the truth?
Thank you, Frank, for the brilliant way you distinguish the details of this case and the implications of those details. It really does make clear the underlying agenda of the prosecution.
This is really messed up. The US attorney general seems to be really grasping at straws here. Are we allowed to punish people for (our idea without any evidence) of their alleged thought crimes?
It’s very Orwellian—there isn’t even any evidence that they HAD these alleged conspiratorial “thought crimes…” Scary to see how this is going…
Please, let there not be a day where this counts as due process and rigorous upholding of the law.
Thank you for this read. Keep it up
As a person directly impacted by the justice system. I know when the word conspiracy comes up it’s really a witch hunt. Obviously one taste is disruptive to the powers that be ,therefore we must defend what is right and call a pig a pig.
Thank you, Frank! It’s clear that things don’t add up and make little sense in this House of Pickup Sticks case
Please keep your sober and objective viewpoint coming in the midst of great hysteria rooted in puritanism and misogyny
I’m curious about this case, because does the government need to prove there was a benefit to the defendants for what they were trying to do? I guess I’m wondering if there has to be a motive. Or is forcing someone to do labor the simple motive in the first place? Most of the people I know were working on commission, so for them to make more sales was a benefit for the employee.
What about the 20 “volunteers” that ran production every weekend for your courses, Joe? In what world do for-profit businesses have volunteers?
Government overreach at its finest.
With all the crimes occurring with clear victims we waste money and distract the public with these bullshit “crimes.”
Their crimes are their thoughts. There’s no elaborate plan or scheme. There’s not even a date certain of execution of these thoughts, so the indictment was not a preventative measure.
Another example of how the government will not walk away from a case once it’s made any investment into it.
This is a complete waste of time and money, but will likely end up with innocents in prison.
It would help the governments case if there were actual victims. 🤔
When this all falls through there better be some consequences on these pen pushing neeks.
Best article of the series. It is a shame that powerful women who are looking to make positive changes in the world for EVERYONE. This company is so much more than OM. If people understood the good that this company does- soil reclamation, feeding the hungry and unhoused- maybe they could at least understand that Nicole and Rachel, who were my teachers – are two of the most loving, caring and creative women I know. They have so much good to give the world, and I believe that’s what scares the US Attorney & powers that be.
Thanks for the continued education here. As someone who took a lot of classes and worked at onetaste everything that you’re saying is appreciated. None of my experiences match the crimes listed.
Just because the US Attorney can’t prove forced labor don’t mean it didn’t happen.
In our system it isn’t enough that we know a person is guilty. We got to prove it.
The law need to be changed. We know they are guilty. Why do we have to go through this stupid fuss. They are charged. They are guilty. Don’t you think the prosecutors know what they are doing?
What?? You mean guilty until proven innocent? Buddy that puts every one of us in jeopardy. UnAmerican at best.
thats the issue, there trumped up charges, they are not. prayers go out for your healing as well.
Thank you, Frank. Every time I read another one of your articles that more clearly reveals the truth about what’s happening in this case, I can take a deeper breath. The government and government agencies–all totally necessary. The fact that there’s a procedure for federal indictments, prosecutors, a judge–all of it critical to a functioning system.
That said, the injustice that is raging in this case is too nuanced for media outlets or those in search of sensationalized headlines.
Your work is important for the bigger picture and means a great deal to me personally.
Damnnnnn…this case gets weaker and weaker. May the truth be served.
Oh my gosh! Thank you for pointing that out. I didn’t notice that. So good!