I never thought very much about how many lawsuits could be brought against NXIVM and the Bronfmans by just about any ex-member of the cult. Or maybe even anyone who took a course from NXIVM. If Clare [and Sara?] Bronfman is found to be guilty with regard to the acts of the cult – and that’s, in essence, what the result will be if she’s charged and found guilty – there is going to be a real feeding frenzy by people trying to cash in. Not just the branded women – but virtually everyone who was ever disaffected by NXIVM.
If ex-members of Scientology are winning claims against that cult, there’s a high probability that ex-members of NXIVM will be able to do the same.
For readers who are looking for legal representation in relation to various wrongs done by NXIVM, there are lawyers ready and able to discuss the matter with complete confidentiality and likely to work entirely on “spec” which means the lawyer does not get paid unless/until you collect.
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Comments (40)
Albany County Defense Attorney With Big EarsJuly 11, 2018
Most of the civil lawsuits will get filed after the criminal lawsuits have been concluded. That's because the results of the criminal lawsuits can be introduced as evidence in the civil lawsuits (The reverse is not true). The only factor that might move up that timeframe is if some of the civil claims are going to fall off the table because of statute-of-limitations issues.
Doesn't the clock stop for the civil lawsuits while the criminal case is going on?
FormerNexianJuly 11, 2018
Awesome Frank! We are on the same wavelength. I noted the same think in the last post.
It will be very hard for Clare to defend any lawsuits, if and when she has been found guilty.
Potential claims include: false arrest, negligence, emotional distress, business interference, harassment, stalking, personal injury, defamation, fraud.
It depends on the state where the courses were taken and which claims New York recognizes as intentional torts.
If there were members that took the course in California, California law (much more victim friendly) might apply also.
FormerNexianJuly 11, 2018
In California, if the tort, defect, or malfeasance is hidden (and then revealed at a later date), the statute of limitations starts from the revelation of the defect. Not when the incident occurred. But when it was revealed to be defective or hidden.
So, if NXIVMers took the courses in California, and Clare is found guilty, you could argue that the SoL (Statute of Limitations) starts from the date of Clare's guilty verdict. Not from when the classes were taken.
Many lawyers will work on a “contingency fee” basis.
If the lawyer believes your case has merit and the defendant has deep pockets, like Clare and Sarah certainly do, then the lawyer might take up your case without asking for a retainer up front.
And when there are many plaintiffs with similar claims there is also the possibility of a class action law suit.
But there are downsides to class action lawsuits where settlements might be less than if Clare and Sarah are sued one by one by each separate victim.
Payment Arrangements
Contingency fees. A contingent fee arrangement means that your lawyer gets a percentage of whatever money you receive as resolution of your case. If you receive no money, then your lawyer collects no fees. However, you may owe charges for court fees, copying, and hiring expert witnesses. If you have very little money to pay hourly fees, it may be appropriate to negotiate a contingency fee with your lawyer. But before agreeing to a contingent fee, consider that:
The size of a contingency fee, usually a percentage of any money you receive to resolve the case, is always negotiable. Sometimes you can negotiate a sliding scale fee (for example, 30 percent of any recovery up to $10,000; 20 percent of any recovery up to $50,000, etc.). Remember that there's no particular percentage of a consumer's recovery that constitutes a “standard” or “official” fee.
The size of the contingency fee should reflect the amount of work that will be required by the attorney. Some cases are straightforward; others can be novel or uncertain. You may want to ask whether the case is likely to settle quickly and whether government agencies will gather significant amounts of evidence. A fee arrangement sometimes can be negotiated with a lower percentage for a quick settlement and a higher percentage if it goes to trial. Be sure you know exactly what is covered in your agreement. Your state also may have rules about maximum contingency fees; check with your state's bar association.
That's right because civil cases have a different (lower) level of proof than criminal cases.
Albany County Defense Attorney With Big EarsJuly 11, 2018
I don't have enough time to explain why this matter definitely is not appropriate for a “class action” lawsuit. Suffice to say that if the lawyer you consult with about this case suggests that as a possibility, you are talking to the wrong lawyer.
A warning I made about class actions in my original comment.
“But there are downsides to class action lawsuits where settlements might be less than if Clare and Sarah are sued one by one by each separate victim.”
FlowersJuly 11, 2018
Is this because in a class action all complainants would have to have a very similar complaint against the same defendant? Would there be too many variations of complaint and multiple defendants that would make a class action inappropriate ?
I'm only taking a guess, so I could be completely wrong.
The main disadvantage to a class action lawsuit would be that each individual plaintiff loses control over his or her case.
And the recovery would certainly be less.
The advantages are that legal expenses are less and that the recoveries by the plaintiffs would be more evenly distributed.
Common Advantages of Class Action Lawsuits
Lower litigation costs.
Greater uniformity of recoveries among similar plaintiffs
The opportunity for all plaintiffs to receive damages.
Common Disadvantages of Class Action Lawsuits
Lack of decision making control.
Cases almost always settle for financial compensation, coupons for future services or rebates
If the plaintiff’s attorney does not argue effectively or the class representatives do not have strong claims then the legitimate claims of other class members can be hurt.
Hey Big Ears, you just made yourself come off as a “holier than thou” greedy lawyer (sorry for the redundant term). The article you cited says the exact opposite of what you just did. Way to teach!
Albany County Defense Attorney With Big EarsJuly 12, 2018
Interesting – especially since what I cited was a picture of a coffee cup with the words “Don't confuse your Google search with my law degree”. The so-called article that followed the picture was focused on the concept of legal marketing – which I strongly believe in.
I'm all for people doing their own legal research so that they understand what's going on in a given situation. My objection is when someone likes you thinks that a 15-minutes Google search gives them license to comment – and preach – on issues you simply don't understand.
“”Class action lawsuits” are a great example because just about everything you've told people about them is incorrect. And why is that? Because the law has changed – and the drivel you've been citing is no longer applicable.
The article was about educating people, not just marketing. You said you didn't have enough time to educate, and nobody was trying to replace a lawyer with a google search, you brought up that topic. I didn't say hardly anything about class action lawsuits and didn't even comment on the google search, so you don't know what I know about class action lawsuits.
P.S., I don't think anybody was trying to “preach” about class action lawsuits, they simply provided a link to some information. Much as I did with Ben's story.
AnonymousJuly 11, 2018
Another great opportunity for lawyers to line their ass pockets
FormerChannelerJuly 11, 2018
I'm surprised Claire isn't running to Ramthas lawyers! They are like the mafia! Ever heard of Virginia Coverdale who defected from them? Probably not as Ramthas minions shut her down.
These group control cults need to be exposed and shu down. They are just money fleecers.
Change the chanelJuly 11, 2018
Maybe Clare is channeling these Ramtha lawyers right now….
Mr. AmwayJuly 11, 2018
cum Ramtha obsessive
orangecountydreams.comJuly 11, 2018
My non-lawyer two cents: There is no sense in suing a person or entity civilly, unless there are attachable assets. I bet NXIVM will be gutted and stripped soon if it hasn't been already. The Bronfmans, of course, are another story. I also suspect the feds are or will be seizing all kinds of assets and funds connected to the criminal cases.
In suing civilly, you also have to be able to quantify the economic / emotional distress damage done to yourself, and prove that it was caused by the person or entity you're suing.
I for one would be hesitant to sue Raniere himself, because 1) he “has no assets”; and 2) – MORE IMPORTANTLY – I would never want to give him the opportunity for excursions out of jail to attend or give depositions, hearings, etc. He THRIVES on that type of thing, and the trips would be a welcome break in his currently miserable routine. I am much more happy to see him sitting where he is. I bet it really, really sucks, and he richly deserves every minute of it.
Of course, I am curious about the fate of Cafritz's/Raniere's $8M bank account.
If the feds add tax evasion charges or fraud charges against Raniere & Co., then it's unlikely that former members victimized by the group in some way will get any recovery out of the rubble that's left after the implosion's dust settles. If tax evasion is involved, the Feds will get the assessed amounts plus penalties and interest for 20 years of bad behavior. Nobody will be able to disupte the amounts the IRS claims because the books are probably lost or the feds already have them.
Also, if they were running cash across borders, failure to declare has a 6-year statute of limitations and carries civil penalties that involve forfeiture of the money plus a penalty up to the amount of cash on top of losing the original amount. I'm not clear where it becomes criminal, but at some point, there are circumstances where failure to declare cash can result in jail time. I'm guessing it would be if someone engaged in a concerted campaign to have a bunch of “smurfs” bring in cash a few hundred grand at a time, like Raniere may have done.
Stop postings these pictures of Clare BronfmanJuly 12, 2018
Request for Frank — please stop posting pictures of Clare Bronfman. This woman looks really awful, and the pictures constitute an assault on my eyes. It is like looking at the Wicked Witch of the East.
Jerry Sandusky was given 15 days in solitary confinement at SCI Laurel Highlands as his lawyers withdrew a state recantation claim to pursue federal court. He denies the misconduct behind the discipline.
The article argues Niagara Falls can revive its industrial legacy by keeping some locally generated hydropower for a privately financed data center, despite Gov. Kathy Hochul's statewide moratorium.
The article compares Jim Jones and Keith Raniere, arguing that both cast dominance as devotion while using secret groups, deprivation, blackmail material and sexual control to command followers.
The fourth installment examines Count Six in United States v. Wander, a witness tampering charge tied to a dinner invitation, a comment about testimony and a photo with Wander's child. His lawyers moved to dismiss, arguing the alleged conduct is not a crime.
