| In NXIVM Case Clare Bronfman
Wants A Hearing At Which Judge Wants Her
Questioned
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
EDNY COURTHOUSE,
Aug 18 – In the NXIVM case,
Keith Raniere faces sentencing
on October 27 for
racketeering, racketeering
conspiracy, sex trafficking
conspiracy, sex trafficking,
attempted sex trafficking,
forced labor conspiracy and
wire fraud conspiracy.
Then there's
Clare Bronfman, who pleaded
guilty to conspiracy to
conceal and harbor illegal
aliens for financial gain and
fraudulent use of
identification.
On
August 18 U.S. District Court
for the Eastern District of
New York Judge Nicholas G.
Garaufis held a proceeding
with Bronfman's lawyer and the
US. Inner City Press live
tweeted it:
Bronfman's
lawyer: She did not enter any
guilty plea to any RICO count.
She is not responsible for any
enterprise. RICO imputes mens
rea onto an actor even
for unintended results,
resulting in no fine tuned
analysis. The PSR treats her
like a RICO pleader. This is
not RICO--
Judge Nicholas G.
Garaufis: You don't need to
lecture the court about the
racketeering laws. I've been
at this job for 20 years. The
issue here is whether we need
a Fatico hearing. Don't
interrupt me. We're not going
there.
AUSA: We've
asked defense counsel what
portion of the pre-sentencing
report they object to and want
a hearing on. No answer. Just
arguments. Like that she
didn't provide financial
support to Raniere. That can
be proved with bank records.
Bronfman's
lawyer: The PSR said she
helped Jane Doe 3 to enter the
US. But that was in 2003. Ms.
Bronfman was in Europe doing
shows. She didn't spend one
dime to facilitate sex
trafficking. These are
material misrepresentations.
Bronfman's
lawyer: If the government will
agree she did not join a sex
cult, we can save a lot of
time. She did not plead guilty
to RICO. Only 2 counts.
Judge Garaufis: I
know what she pleaded to. This
is not new news.
Judge Garaufis:
Maybe she would withdraw her
guilty plea and go to trial on
this. But if she wants a
Fatico hearing, she will have
to be cross examined too. It's
not a criminal trial. It's by
the preponderance of evidence.
Judge
Garaufis: There is plenty of
evidence that alludes to that
Ms. Bronfman did not just
write checks and then go
riding her horse through
Europe. Who did she have? Ah,
Mister Avenatti. She said he
was her consultant.
Bronfman's
lawyer: We're ready for a
Fatico
Bronfman's
lawyer: I can't speak to what
previous counsel did. We are
looking at things fresh. We
are comfortable going to a
hearing on this. Judge
Garaufis: I will need to hear
from Ms. Bronfman, not her
mother or her sister or some
friend out in Fiji.
Bronfman's
lawyer: We will bring forward
witnesses. If we bring forward
claims about what Ms. Bronfman
was thinking -- Judge
Garaufis: She was writing
checks for hundreds of
thousands of dollars for this
enterprise. It took a year to
get the financial
records.
Judge Garaufis:
If anything slowed this down
it was not getting the
financial records. I'm not
done. I'll read everything you
submit. Maybe you'll working
things out with the
government, on the facts. But
I'm not going to be rushed. It
may not be on Sept 30.
Bronfman's
lawyer: I don't agree we
caused the delay.
Judge Garaufis:
You can put whatever you want
in your submission.
Bronfman's
lawyer: What are the dates?
Judge Garaufis:
Your reply Sept 21. Have a
nice day.
On August 14,
there was this on Raniere:
Judge: If you are
asking to meet your client in
the courthouse, I would have
to make a record as to why.
First you should reach out to
the warden, to see if a
meeting can be arranged in the
MDC. And advise the Court via
letter. You don't have to list
the date.
Judge: I'm trying
to arrange as much
confidentiality as I can in
this proceeding. Now, as to
sentencing submissions. Could
government file its by Aug 28?
Then the defendant's by Sept
17. I'll sent Oct 9 for
individuals' statement for the
defendant. Next, victims
Judge: Any
victims who wish to attend the
proceeding and/or make an
in-person statement could
submit to the court one week
before sentencing. It will be
under seal, with copies to the
defense. The victims should
not be the subject of
inquiries by the press
Judge:
We'll have to use several
courtrooms, including in the
old courthouse. I'll consult
with the District Executive..
Let's meet October 27 at 10 am
for sentencing.
Inner City
Press will continue to cover
this and other EDNY (and of
course SDNY) cases. This is US
v. Raniere, 18-cr-204
(EDNY).
***
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