Nxivm leaders Keith Raniere, Clare Bronfman to appeal cases Tuesday
Nxivm sex-slave cult leader Keith Raniere and his
co-conspirator, Seagram’s liquor heiress Clare Bronfman, will each appeal their
cases before a federal court panel in Manhattan Tuesday afternoon.
Raniere, 61, is seeking to get his 2019 conviction on seven
counts, including racketeering and sex trafficking, tossed — alleging he was
denied his constitutional right to a fair trial.
The 43-year-old Bronfman, who pleaded guilty to harboring an
alien for financial gain and identity theft, is challenging her sentence of six
years and seven months, which she has been serving in a Philadelphia prison.
Federal prosecutors and attorneys for Raniere and Bronfman
will argue their respective cases beginning around 2 p.m. at the US Court of
Appeals for the Second Circuit.
Among the arguments in his appeal, Raniere’s lawyers said
the jury at his Brooklyn trial was prejudiced by erroneous instructions US
District Court Judge Nicholas Garaufis gave them about the sex trafficking and
related racketeering counts.
Attorneys for the sick Svengali — who was sentenced to 120
years in prison after his conviction — also claimed prosecutors failed to
provide sufficient evidence to prove his guilt on those counts.
In response, prosecutors highlighted the mass of evidence
they produced at trial, which included testimony by more than 15 witnesses.
“During the relevant period, Raniere and his co-conspirators
committed a wide range of criminal activity, including sex trafficking, forced
labor, alien smuggling, wire fraud and obstruction of justice in connection
with the Enterprise,” prosecutors from the Eastern District of New York wrote
in response to the appeals.
The jurors heard how Raniere formed a secret master-slave
group within Nxivm — called DOS, for “Dominant Over Submissive” — to carry out
his illicit deeds with the help of an “inner circle” of his most ardent
supporters.
He even lured actresses such as Allison Mack and Nicki
Clyne, as well as India Oxenberg, the daughter of TV’s Catherine Oxenberg, and
Bronfman, an heiress to the Seagram’s liquor fortune, into Nxivm’s ranks.
Bronfman had argued she was never a member of “DOS” — and
rather only served on the board of Nxivm, a self-help organization founded by
Raniere.
Garaufis, however, determined that she had been “willfully
blind” of DOS and Raniere’s tyrannical rule – and sentenced her to more than
two years above what prosecutors had requested, her lawyers wrote in their
appeal.
In response, prosecutors pushed back on the notion that
Garaufis imposed a harsh sentence because of Bronfman’s “willful blindness” –
arguing that was not, in fact, a “core finding” of the court.
“To be certain, the court used the phrase ‘willful
blindness’ to describe Bronfman’s behavior — not her legal culpability — but
the concept played a limited role in the court’s analysis that bears little
relation to Bronfman’s description of it on appeal,” they wrote.
Beginning in 2015, Raniere forced women and girls – one as
young as 15 – to serve as “slaves” to him and his cohort of obedient women, who
themselves were slaves to the self-help guru.
The slaves, who lived with Raniere and other cult members in upstate Clifton Park, were required to take nude photos, perform unpaid labor and, in some instances, engage in sex acts with Raniere.
The appeal arguments scheduled for Tuesday afternoon will be
heard by a three-judge panel, consisting of Jose A. Cabranes, Guido Calabresi
and Richard J. Sullivan.
An attorney for Raniere, Joseph Tully, had attempted to get
the arguments postponed — claiming in a Thursday filing that he uncovered new
evidence showing FBI agents tampered with evidence that led to Raniere’s
conviction on child pornography charges. The court rejected the request.
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