In an earlier post, we broke the news that the prosecution in the case of the U.S. v. Raniere Et Al has agreed to dismiss several charges.
The charges in question – and the affected parties – are as follows:
• Count Three: Sexual Exploitation Of A Child – Jane Doe 2
– Keith Raniere
• Count Four: Sexual Exploitation Of A Child – Jane Doe 2
– Keith Raniere
• Count Five: Possession Of Child Pornography
– Keith Raniere
• Count Eleven: Conspiracy To Commit Identity Theft Regarding Jane Doe 7
– Keith Raniere, Clare Bronfman & Others
In addition to streamlining the pending EDNY case, the dismissal of the listed charges all but ensures that the presiding judge, Nicholas G. Garaufis, will deny all of the pending motions to hold multiple trials, dismiss other charges, etc.
Which means that we are now pretty much in the countdown stage to the start of the trial…
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Let’s start by looking at what charges are still on the table for the four remaining defendants: Keith Raniere, Allison Mack, Clare Bronfman and Kathy Russell (Note: These remaining charges will likely be renumbered in a third superseding indictment that will be issued later this week).
Here’s a summary:
• Count One: Racketeering Conspiracy: Keith Raniere, Clare Bronfman, Allison Mack, Kathy Russell, & Others
The pattern of activity through which the defendants, together with others, agreed to conduct and participate, directly and indirectly, in the conduct of the affairs of the Enterprise consisted of multiple acts indictable under:
– Title 18, United States Code, Section 1028 (Identification Document Fraud and Identification Document Fraud Conspiracy – and Identity Theft and Identity Theft Conspiracy);
– Title 18, United States Code, Section 1343 (Wire Fraud);
– Title 18, United States Code, Section 1512 (Obstruction of Justice – and Obstruction of Justice Conspiracy);
– Title 18, United States Code, Section 1546 (Visa Fraud);
– Title 18, United States Code, Section 1589 (Forced Labor);
– Title 18, United States Code, Section 1590 (Trafficking in Persons);
– Title 18, United States Code, Section 1591 (Sex Trafficking);
– Title 18, United States Code, Section 1592 (Document Servitude);
– Title 18, United States Code, Section 1952 (Interstate and Foreign Travel in Aid of Racketeering);
– Title 18, United States Code, Section 1956 and 1957 (Money Laundering and Money Laundering Conspiracy);
– Title 18, United States Code, Section 2251 (Child Exploitation); and
– Title 18, United States Code, Section 2252 (Possession of Child Pornography), and multiple acts involving extortion, in violation of New York Penal Law Sections 155.30(6) and 20.00.
• Count Two: Racketeering
– Racketeering Act One
A. Conspiracy To Commit Identity Theft Regarding Jane Doe 1: Keith Raniere & Others
B. Conspiracy To Unlawfully Possess Identification Document: Keith Raniere & Others
– Racketeering Act Two
A. Sexual Exploitation Of A Child – Jane Doe 2: Keith Raniere
– Racketeering Act Three
A. Sexual Exploitation Of A Child – Jane Doe 2: Keith Raniere
– Racketeering Act Four
A. Possession Of Child Pornography: Keith Raniere
– Racketeering Act Five
A. Conspiracy To Commit Identity Theft: Keith Raniere, Clare Bronfman & Others
B. Identity Theft Regarding John Doe 1: Keith Raniere & Others
C. Identity Theft Regarding John Doe 2: Keith Raniere, Clare Bronfman & Others
– Racketeering Act Six
A. Conspiracy To Alter Records For Use In An Official Proceeding: Keith Raniere & Others
– Racketeering Act Seven
A. Conspiracy To Commit Identity Theft Regarding Jane Doe 3: Keith Raniere & Others
– Racketeering Act Eight
A. Money Laundering: Clare Bronfman & Others
– Racketeering Act Nine
A. Trafficking Of Jane Doe 4 For Labor And Services: Keith Raniere & Others
B. Document Servitude Of Jane Done 4: Keith Raniere & Others
– Racketeering Act Ten
A. State Law Extortion: Keith Raniere, Allison Mack & Others
– Racketeering Act Eleven
A. Visa Fraud: Clare Bronfman & Others
– Racketeering Act Twelve
A. Sex Trafficking Of Jane Doe 5: Keith Raniere, Allison Mack & Others
B. Forced Labor Of Jane Doe 5: Keith Raniere, Allison Mack & Others
– Racketeering Act Thirteen
A. Forced Labor Of Jane Doe 9: Others
– Racketeering Act Fourteen
A. Conspiracy To Commit Identity Theft: Keith Raniere, Clare Bronfman & Others
• Count Six: Forced Labor Conspiracy: Keith Raniere, Allison Mack & Others
• Count Seven: Wire Fraud Conspiracy: Keith Raniere, Allison Mack & Others
• Count Eight: Sex Trafficking Conspiracy: Keith Raniere, Allison Mack & Others
• Count Nine: Sex Trafficking Regarding Jane Doe 5: Keith Raniere, Allison Mack & Others
• Count Ten: Attempted Sex Trafficking Regarding Jane Doe 8: Keith Raniere, Allison Mack & Others
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So, even with the dismissal of the four counts, all of the remaining defendants are facing two RICO charges – each of which carries a maximum sentence of 20 years.
And Raniere and Mack are facing five more charges – at least one of which carries a mandatory minimum of 10 years and a maximum of life imprisonment.
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The trial is scheduled to start in 4 weeks.
And the jury selection process is scheduled to start one week from tomorrow.
Things are starting to get very real for the remaining four defendants – and the pressure will continue to grow with each passing day now.
It has already been documented that both Mack and Bronfman have expressed interest in a plea deal. Whether either of them will be offered one that they’ll find acceptable remains to be seen.
It is not known if Raniere or Russell has indicated any interest in a plea deal.
But the dismissal of the four charges is not likely to have any effect whatsoever on whether any of the remaining defendants will end up taking a plea deal.
If all four of the remaining defendants end up taking plea deals – which is a distinct possibility – then it is quite possible that none of the dismissed charges will be pursued in the NDNY.
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One final note on the four charges that have been dismissed in the EDNY case – and that are expected to be prosecuted in the Northern District of New York (NDNY).
There is nothing that would prevent Moira Kim Penza – and the other members of her defense team – from prosecuting those charges in the NDNY because every Assistant U.S. Attorney can practice in any federal district.
While it would be unusual – and it probably won’t happen – it’s one more reason that no one should assume that those four charges are simply going away.
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And, finally, let’s not forget that there are still numerous state charges that could be brought against any/all of the original six defendants in the EDNY case – and scores of other high-ranking members of the NXIVM/ESP criminal enterprise (As long as the state charges do not duplicate the federal charges, there would be no issue with double jeopardy).
Such state charges could be brought by Letitia “Tish” James, the New York State Attorney General.
Although she’s only been in office for the past three months, James has already shown a willingness to get involved in cases involving crooked politicians in New York State.
And a case against the high-ranking members of the NXIVM/ESP cult – and the public officials who aided and abetted the cult’s illegal activities for almost 20 years – would certainly not hurt James’ chances of becoming the first female governor of New York State.
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