Even before the current trial of Keith Raniere had gotten underway in the U.S. District Court in Brooklyn, NY, the U.S. Attorney’s Office in the Northern District of New York (NDNY) was already being scrutinized for its failure to do anything for more than two decades to take on Raniere’s crime syndicate.
The current U.S. Attorney for the NDNY is Grant C. Jaquith. He was appointed to that position on January 5, 2018 – well after the EDNY had begun its investigation of Raniere and his criminal cronies (Jaquith served in an acting capacity from July 1, 2017 through January 4, 2018).
Jaquith has reportedly tried to insert his office into the EDNY’s investigation of Raniere and NXIVM/ESP on a couple of occasions. Each time he did so, however, he was emphatically told to back off – and to stay out of the way until the EDNY had finished its work.
Just before the start of the EDNY trial, Jaquith and his staff were handed what could turn out to be a great opportunity to show that their office is no longer afraid of – or under the influence of – Raniere and his minions.
That’s because several of the charges in the EDNY trial were dismissed on jurisdictional grounds – and referred to the NDNY for follow-up.
The specific charges that are now in the hands of the NDNY are as follows:
– Sexual Exploitation Of A Child – Jane Doe 2 (Keith Raniere)
– Sexual Exploitation Of A Child – Jane Doe 2 (Keith Raniere
– Possession Of Child Pornography (Keith Raniere)
– Conspiracy To Commit Identity Theft Regarding Jane Doe 7 (Keith Raniere, Clare Bronfman & Others)
So, at the very minimum, the NDNY has four charges that it can prosecute against Keith Raniere, Clare Bronfman, and others.
And, to make it even easier, all the necessary investigative work – and all the requisite legal pleadings – regarding those four charges have already been completed by the EDNY.
Which means that unless the NDNY is totally incompetent – or totally corrupt – we should expect to see a second NXIVM trial get underway in the U.S. District Courthouse in Albany, NY sometime within the next year or so.
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But the second trial certainly does not need to be limited to the four charges that have already been referred to the NDNY.
To begin with, there are all the “predicate acts” that are being used to support the racketeering count in the current trial.
As Frank Report readers know, none of the defendants in the EDNY were actually charged with those crimes. Instead, the existence of those crimes is being used to demonstrate that Raniere and his cronies were engaged in an ongoing pattern of racketeering activity that was connected to the NXIVM enterprise.
The federal RICO statute delineates thirty-five separate offenses that constitute racketeering (e.g., serious crimes such as arson, kidnapping, murder, etc. – and less serious crimes like bribery, mail fraud, and wire fraud). To charge someone under RICO, federal prosecutors must allege that the defendant committed at least two of the listed crimes through a criminal enterprise within a ten year period.
The nineteen predicate acts that were listed in the second superseding indictment are as follows:
1. Conspiracy To Commit Identity Theft Regarding Jane Doe 1 (Keith Raniere & Others);
2. Conspiracy To Unlawfully Possess Identification Documents (Keith Raniere & Others);
3. Sexual Exploitation Of A Child Regarding Jane Doe 2 (Keith Raniere);
4. Sexual Exploitation Of A Child Regarding Jane Doe 2 (Keith Raniere);
5. Possession Of Child Pornography (Keith Raniere);
6. Conspiracy To Commit Identity Theft (Keith Raniere, Clare Bronfman, and Others);
7. Identity Theft Regarding John Doe 1 (Keith Raniere & Others);
8. Identity Theft Regarding John Doe 2 (Keith Raniere, Clare Bronfman & Others);
9. Conspiracy To Alter Records For Use In An Official Proceeding (Keith Raniere & Others);
10. Conspiracy To Commit Identity Theft Regarding Jane Doe 3 (Keith Raniere & Others);
11. Money Laundering (Clare Bronfman & Others);
12. Trafficking Of Jane Doe 4 For Labor And Services (Keith Raniere, Lauren Salzman & Others);
13. Document Servitude Of Jane Done 4 (Keith Raniere, Lauren Salzman & Others)
14. State Law Extortion (Keith Raniere, Allison Mack, Lauren Salzman & Others);
15. Visa Fraud (Clare Bronfman);
16. Sex Trafficking Of Jane Doe 5 (Keith Raniere, Allison Mack & Others);
17. Forced Labor Of Jane Doe 5 (Keith Raniere, Allison Mack & Others);
18. Forced Labor Of Jane Doe 9 (Lauren Salzman & Others); and
19. Conspiracy To Commit Identity Theft (Keith Raniere, Clare Bronfman & Others).
Taking into account the guilty pleas that have already been entered – and making some reasonable assumptions about the details of the plea deals that have were entered into by Clare Bronfman, Allison Mack, Lauren Salzman and Kathy Russell – it’s likely that some/all of the following charges could still be brought against the original defendants in the NDNY:
RE: Keith Raniere
– Aiding & Abetting
– Alien Smuggling
– Assault
– Bank Fraud
– Battery
– Blackmail
– Bribery Of Elected Officials
– Bribery Of Governmental Officials
– Bribery Of Law Enforcement Officials
– Bulk Cash Smuggling
– Child Abuse
– Child Neglect
– Coercion
– Computer Hacking
– Computer Tampering
– Computer Trespass
– Conducting Unauthorized Scientific Experiments
– Conspiracy
– Criminal Facilitation
– Criminal Mischief
– Criminal Nuisance
– Defamation
– Defrauding the Government
– Encouraging/Inducing Unauthorized Aliens To Enter
– Endangering the Welfare of a Child
– Extortion
– Failure to Issue W-2 Forms and 1099 Forms
– Failure to Report Income Paid to Consultants & Employees
– Failure to Withhold & Pay Employer Taxes
– False Advertising
– Falsely Reporting Incidents To Law Enforcement Authorities
– Falsifying Business Records
– Falsifying Evidence
– Filing False Affidavits
– Filing False Business Records
– Filing Falsified Visa Applications
– Forcing Staff to Kick-back a Portion Of Their Wages
– Forgery
– Fraud
– Harassment
– Hazing
– Hindering Prosecution
– Identity Theft
– Illegally Accessing Personal Information
– Kidnapping
– Larceny
– Mail Fraud
– Money Laundering
– Obstructing Governmental Administration
– Operating Unlicensed Day Care Centers
– Operating Unlicensed Schools
– Perjury
– Possession Of Child Pornography
– Practicing Therapy Without A License
– Providing False Documentation to Immigrants to Allow Them to Obtain Visas
– Rape
– Reimbursing Staff for Mandated Political Contributions
– Retaliation Against Whistleblowers
– Retaliation Against Witnesses
– Sexual Assault
– Sexual Exploitation
– Sexual Exploitation Of A Child
– Slavery
– Stalking
– Statutory Rape
– Structuring Bank Transactions
– Tampering with Private Communications
– Tax Evasion
– Tax Fraud
– Wire Fraud
– Wiretapping
– Witness Tampering
*****
RE: Nancy Salzman
– Aiding & Abetting
– Alien Smuggling
– Bank Fraud
– Blackmail
– Bribery Of Elected Officials
– Bribery Of Government Officials
– Bribery Of Law Enforcement Officials
– Bulk Cash Smuggling
– Coercion
– Computer Hacking
– Computer Tampering
– Computer Trespass
– Conducting Unauthorized Scientific Experiments
– Conspiracy
– Criminal Facilitation
– Criminal Mischief
– Criminal Nuisance
– Defamation
– Defrauding the Government
– Encouraging/Inducing Unauthorized Aliens To Enter
– Extortion
– Failure to Issue W-2 Forms and 1099 Forms
– Failure to Report Income Paid to Consultants & Employees
– Failure to Withhold & Pay Employer Taxes
– False Advertising
– Falsely Reporting Incidents To Law Enforcement Authorities
– Falsifying Business Records
– Falsifying Evidence
– Filing False Affidavits
– Filing False Business Records
– Filing Falsified Visa Applications
– Forcing Staff to Kick-back a Portion Of Their Wages
– Fraud
– Harassment
– Hindering Prosecution
– Illegally Accessing Personal Information
– Larceny
– Mail Fraud
– Money Laundering
– Obstructing Governmental Administration
– Perjury
– Practicing Therapy Without A License
– Providing False Documentation to Immigrants to Allow Them to Obtain Visas
– Reimbursing Staff for Mandated Political Contributions
– Retaliation Against Whistleblowers
– Retaliation Against Witnesses
– Structuring Bank Transactions
– Tampering with Private Communications
– Tax Evasion
– Tax Fraud
– Wire Fraud
– Wiretapping
– Witness Tampering
*****
RE: Clare Bronfman
– Aiding & Abetting
– Alien Smuggling
– Bank Fraud
– Blackmail
– Bribery Of Elected Officials
– Bribery Of Governmental Officials
– Bribery Of Law Enforcement Officials
– Bulk Cash Smuggling
– Child Abuse
– Child Neglect
– Coercion
– Computer Hacking
– Computer Tampering
– Computer Trespass
– Conducting Unauthorized Scientific Experiments
– Conspiracy
– Criminal Facilitation
– Criminal Mischief
– Criminal Nuisance
– Defamation
– Defrauding the Government
– Encouraging/Inducing Unauthorized Aliens To Enter
– Endangering the Welfare of a Child
– Extortion
– Failure to Issue W-2 Forms and 1099 Forms
– Failure to Report Income Paid to Consultants & Employees
– Failure to Withhold & Pay Employer Taxes
– False Advertising
– Falsely Reporting Incidents To Law Enforcement Authorities
– Falsifying Business Records
– Falsifying Evidence
– Filing False Affidavits
– Filing False Business Records
– Filing Falsified Visa Applications
– Forcing Staff to Kick-back a Portion Of Their Wages
– Fraud
– Harassment
– Hazing
– Hindering Prosecution
– Identity Theft
– Illegally Accessing Personal Information
– Larceny
– Mail Fraud
– Money Laundering
– Obstructing Governmental Administration
– Operating Unlicensed Day Care Center
– Operating Unlicensed Schools
– Perjury
– Providing False Documentation to Immigrants to Allow Them to Obtain Visas
– Reimbursing Staff for Mandated Political Contributions
– Retaliation Against Whistleblowers
– Retaliation Against Witnesses
– Stalking
– Structuring Bank Transactions
– Tampering with Private Communications
– Tax Evasion
– Tax Fraud
– Wire Fraud
– Wiretapping
– Witness Tampering
*****
RE: Allison Mack
– Aiding & Abetting
– Blackmail
– Bulk Cash Smuggling
– Coercion
– Conspiracy
– Criminal Facilitation
– Criminal Mischief
– Criminal Nuisance
– Defrauding the Government
– Extortion
– Fraud
– Harassment
– Hazing
– Hindering Prosecution
– Mail Fraud
– Money Laundering
– Obstructing Governmental Administration
– Perjury
– Tax Evasion
– Tax Fraud
*****
RE: Lauren Salzman
– Aiding & Abetting
– Bulk Cash Smuggling
– Coercion
– Conspiracy
– Criminal Facilitation
– Criminal Mischief
– Criminal Nuisance
– Defrauding the Government
– Extortion
– False Advertising
– Fraud
– Harassment
– Hazing
– Hindering Prosecution
– Kidnapping
– Mail Fraud
– Money Laundering
– Obstructing Governmental Administration
– Perjury
– Practicing Therapy Without A License
– Tax Evasion
– Tax Fraud
*****
RE: Kathy Russell
– Aiding & Abetting
– Alien Smuggling
– Bank Fraud
– Bulk Cash Smuggling
– Computer Hacking
– Computer Tampering
– Computer Trespass
– Conspiracy
– Criminal Facilitation
– Criminal Mischief
– Criminal Nuisance
– Defrauding the Government
– Encouraging/Inducing Unauthorized Aliens To Enter
– Failure to Issue W-2 Forms and 1099 Forms
– Failure to Report Income Paid to Consultants & Employees
– Failure to Withhold & Pay Employer Taxes
– False Advertising
– Falsifying Business Records
– Filing False Affidavits
– Filing False Business Records
– Filing Falsified Visa Applications
– Fraud
– Hindering Prosecution
– Identity Theft
– Illegally Accessing Personal Information
– Mail Fraud
– Money Laundering
– Obstructing Governmental Administration
– Perjury
– Providing False Documentation to Immigrants to Allow Them to Obtain Visas
– Reimbursing Staff for Mandated Political Contributions
– Structuring Bank Transactions
– Tampering with Private Communications
– Tax Evasion
– Tax Fraud
– Wire Fraud
So, that’s a pretty good list for Grant Jaquith and his staff to get started on.
And, while they will obviously not bring all the listed potential charges against the original defendants, just having them undertake a thorough investigation with respect to those potential charges would be a great first step.
*****
The next step, of course, is to identify who else should be charged in the NDNY with NXIVM-related crimes.
Opinions will certainly differ on this matter – and I think that in the end, the best way to approach this is to think of these other potential defendants in terms of levels or types rather than as individuals.
The first level/type that the NDNY might want to investigate are all the members of Raniere’s so-called “inner-circle” – minus, of course, those who subsequently defected and began providing information to the government (and those who are deceased).
As detailed by the federal prosecutors in Exhibit GX-362 in the Raniere case, that would include the following:
– Daniela Padilla Bergeron
– Alex Betancourt
– Nicki Clyne
– Jim Del Negro
– Monica Duran
– Loreta Garza
– Rosa Laura Junco
– Jack Levy
– Dawn Morrison
– Ivy Nevares
– Emiliano Salinas
Even though she was not included on the prosecution’s list, I believe that Sara Bronfman certainly deserves to be investigated for the role that she played – and, according to some, still plays – in the NXIVM crime syndicate.
The next level/type that the NDNY might want to investigate are the +/- 300 individuals who rose to the level of Coach in the NXIVM crime organization. We have previously published that list of names – and will be happy to provide it to the NDNY.
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And, finally, another level/type that the NDNY might want to investigate are all the government officials and law enforcement officials in the Albany, NY area who did nothing to stop Raniere’s 20-year crime wave – or who, in some cases, may have aided and abetted him along the way.
This would include, but not necessarily be limited to, the following:
– P. David Soares: Albany County District Attorney
– Karen A. Heggen: Saratoga County District Attorney
– James A. Murphy III: Saratoga County Court Judge & Former Saratoga County District Attorney
– Richard S. Hartunian: Former U.S. Attorney for the Northern District of New York
– Vadim Thomas: Special Agent in Charge of FBI Field Office in Albany, NY
– Andrew Vale: Former Special Agent in Charge of FBI Field Office in Albany, NY
– George P. Beach II: Former Superintendent of the New York State Police
– Rodger Kirsopp: New York State Senior Investigator
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As we previously reported, the Times Union has already called upon Jaquith to initiate an investigation into NXIVM’s illegal activities in the Capital District area.
And we’ve now provided a road-map that should help him and his staff to get started on that most important mission.
Now, let’s see what, if anything, actually gets done…