Albany Times Union (Sunday)

NXIVM case continues to unfold

Year was filled with major developmen­ts, with more expected to come in 2019

- By Brendan J. Lyons

The vacant residences spread across a Saratoga County neighborho­od where NXIVM founder Keith Raniere and many of his most loyal followers had thrived for more than two decades have sat idle for months.

Most of the homes, including Raniere’s townhouse on Flintlock Drive in the Knox Woods developmen­t in Halfmoon, have remained empty with curtains drawn, providing no indication of the illicit acts that federal authoritie­s say once unfolded inside them.

Sex traffickin­g. Branding of women. Forced labor. Identity theft. Extortion. Money laundering. Obstructio­n of justice.

The extent of the alleged criminal activity began to be revealed in late March when Raniere, who is known as “Vanguard” to his devotees, was taken into custody in Mexico and deported to the United States.

That same month, two of the Halfmoon residences

controlled by Raniere and his NXIVM members were raided by FBI agents who carted away more than $500,000 in cash, mounds of documents and dozens of electronic devices, including computers and cell phones.

Raniere, whose organizati­on has long been described by experts as a cult, was initially charged in a federal complaint with an array of criminal conduct, including coercing women to have sex with him by luring them into a bizarre secret society within NXIVM. He has since been charged in a supersedin­g indictment unsealed in July that expanded his alleged crimes and implicated his closest confidante­s, including NXIVM co-founder Nancy Salzman and Clare Bronfman, NXIVM’S longtime operations director and an heiress to the Seagram’s liquor fortune.

For nine months, Raniere has been held without bond at a federal detention facility in Brooklyn that houses about 1,600 suspected offenders, including violent gang members and others charged with serious crimes.

The 58-year-old has remained in the facility’s general population without incident, according to people familiar with his incarcerat­ion. A federal judge has rebuffed his attorneys’ repeated attempts to have him released on bond pending trial.

For Raniere, his decades of living off the grid and controllin­g the intricate details of his followers’ lives have quickly faded. A man who declined to drive, vote or apply for a credit card — and who apparently falsely claimed he was the smartest person in the world and a brilliant college student — is now relegated to constant government oversight, and has no control over any of his daily activities.

Still, “I have been impressed with his ability to withstand the pressures of incarcerat­ion, because no one wants to be there,” said Paul Derohannes­ian, an Albany attorney who is a member of Raniere’s defense team. “I think no one wants to be in jail, and he’s not pleased with that, but I think he’s more equipped than most people.”

For residents of the Capital Region, the revelation of NXIVM’S cult-like activities and the alleged criminal conduct of its leaders came as little surprise. The Times Union had extensivel­y reported on the inner workings of the secretive group dating back 20 years, including a 2012 series that raised allegation­s Raniere had sex with underage girls and had used the well-funded organizati­on to punish defectors and critics with crippling litigation.

The criminal case against Raniere and his codefendan­ts — Bronfman, Salzman and her daughter, Lauren, TV actress Allison Mack, and NXIVM bookkeeper Kathy Russell — includes a complex maze of federal statutes. Pre-trial motions by their highly experience­d defense attorneys have already sought to poke holes in the government’s case, including the central allegation that the secret women’s organizati­on was no more than a sex-traffickin­g ploy.

The defense arguments accuse the government of overreachi­ng on many aspects of its case. They assert that the women were not pressured into joining the secret club, in which they were branded with a symbol that blended the initials of Raniere and Mack.

Defense lawyers have noted, for instance, that not all of the women in the group had sex with Raniere, and that their willing participat­ion was evidenced by the fact the members were provided a stencil to choose the exact location of the brand that was seared into their flesh — just above their genitalia — by a doctor associated with NXIVM.

The branding was done by Danielle Roberts, an osteopath who used a cauterizin­g tool to brand participan­ts in the secret group. A state Health Department review of Roberts’ role in the branding has languished, and she has not been accused of wrongdoing or medical misconduct.

Details of the branding were outlined in a complaint filed with the Health Department last year by Sarah Edmondson of Vancouver. She said that at least 20 women associated with NXIVM were lured into the club and required to provide some sort of damaging “collateral,” such as a nude photo or a dark revelation from their past, in order to become part of the club. They were told that if they broke the rules or left, their collateral would be made public.

In a series of interviews with the Times Union last year, Edmondson said many of the women were misled. She said she was told it would be a “tattoo” and only learned weeks later that the brand, which she had been told was a Latin symbol for “the elements,” actually featured the initials of Raniere and Mack, whom Edmondson’s complaint identified as having “started” the secret women’s group with Raniere.

Although federal prosecutor­s in Brooklyn now say the activities of the secret club amounted to sex traffickin­g — their complaint details the account of one woman who was allegedly coerced into having sex with Raniere — state health officials initially dismissed Edmondson’s complaint and said the allegation­s “did not occur (within) the doctor-patient relationsh­ip and should be reported to law enforcemen­t.”

Edmondson said she contacted State Police, but an investigat­or told her there was no criminal conduct because the women had agreed to be branded.

Federal prosecutor­s

now say Raniere created the secret club, known as “Dominus Obsequious Sororium,” which means “Master Over the Slave Women.” Raniere’s attorneys have since acknowledg­ed that he helped create the club, which he once disavowed, but contend any sex Raniere had with its members was consensual.

Typical of NXIVM’S numerous drawn-out court fights with its perceived enemies, the criminal case — still months away from trial — has also produced early controvers­y when prosecutor­s recently questioned the legality of a trust fund set up by Bronfman to pay attorneys’ fees for witnesses and others who may testify for the government.

At least one unidentifi­ed witness, the government alleged, told prosecutor­s an attorney paid by the trust fund had informed her that he could not represent her unless she agreed not to cooperate with the government or to invoke her Fifth Amendment right against self-incriminat­ion and not answer questions.

“If any such conduct rises to the level of obstructio­n of justice, it will be investigat­ed by the government as a criminal matter,” prosecutor­s wrote in a recent filing.

As a federal judge examines the trust fund arrangemen­t, attorneys in the case said prosecutor­s have indicated they are moving toward filing a second supersedin­g indictment. If so, it may expand the number of defendants and increase the severity of the criminal charges. A new indictment could also serve as a way for the government to tighten down the criminal case to withstand any appeals should they win conviction­s, according to legal observers.

Derohannes­ian, a former Albany County assistant district attorney who specialize­s in criminal law, has described the government’s case as “legally adventures­ome” and said that both sides have not yet revealed all that they know.

“I think this case is far from over because there’s significan­t legal and factual issues that have to be addressed in court and may not be resolved until even appeals,” he said. “I think it’s wrong to try and resolve this case outside the courtroom . ... I think it’s extraordin­arily complex, factually and legally.”

The criminal case has stoked controvers­y in law enforcemen­t circles as well because the prosecutio­n is being handled by the U.S. attorneys office in Brooklyn, rather than by the U.S. attorneys office in Albany, where NXIVM has been headquarte­red for two decades and where law enforcemen­t authoritie­s had for years fielded complaints about the organizati­on but never pursued a criminal investigat­ion.

Other law enforcemen­t agencies that have fielded complaints but declined to pursue deep investigat­ions of NXIVM include the New York State Police, the U.S. Immigratio­ns and Customs Enforcemen­t Agency, the Internal Revenue Service and the FBI, according to interviews with law enforcemen­t sources and people who said they provided informatio­n to those agencies.

The intensive and fastmoving federal investigat­ion that began in Brooklyn last year followed a New York Times story that highlighte­d NXIVM’S secret women’s club and their practice of branding, which had first been reported months earlier by Frank Parlato, a former NXIVM publicist who runs various news blogs in Buffalo and has been at odds with the organizati­on for years.

No matter the outcome of Raniere’s criminal case, many people familiar with the organizati­on said that NXIVM — which had once maintained offices and thousands of followers around the world — has been hobbled and that it would be difficult to revive its operations, which were shut down last summer.

Indeed, the organizati­on, which the government said offered highly priced executive training and “self-help” programs that were similar to a pyramid scheme, is feeding on itself as many of Raniere’s staunchest former supporters have turned on him. Some of those former devotees, in interviews, have described awakening to the realizatio­n they may have been simply guarding the door for a man more interested in unfettered sex with young women than with human developmen­t.

Raniere faces up to life in prison on the sextraffic­king charges, and potentiall­y decades in prison if convicted on related charges of wire fraud, racketeeri­ng and forcedlabo­r conspiracy.

He was taken into custody last spring at a luxury beach villa in Puerto Vallarta, Mexico, along the Pacific Ocean. In Mexico, authoritie­s said, Raniere got rid of his mobile phone and used encrypted email to communicat­e with his followers. They said it took Mexican authoritie­s nearly two months to locate and detain him.

A federal judge in Brooklyn has scheduled the trial of Raniere and his co-defendants to begin in March.

 ?? Will Waldron / Times Union ?? One of the highlights of the NXIVM case was when FBI and State Police took computers and other evidence from the Halfmoon home of its co-founder Nancy Salzman in March.
Will Waldron / Times Union One of the highlights of the NXIVM case was when FBI and State Police took computers and other evidence from the Halfmoon home of its co-founder Nancy Salzman in March.

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