NXIVM Mexican attorney Diego Ruiz Durán.
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DOJ: NXIVM’s Mexican Attorneys Engaged In Criminal Activities With Raniere and Bronfman; Dennis Burke also mentioned

In what has otherwise been a relatively quiet week in the U.S. v. Raniere Et Al case, the prosecution dropped a whole boatload of whoop-ass on the defendants in several filings today.

Tonight, we’ll look at the “Government’s Memorandum Of Law Regarding Defendants’ Assertions Of Attorney-Client Privileges” (We’ll cover the other filings in later posts).

For those of you who may have lost track of all the attorney-client claims that various defendants have made with respect to the materials that were seized during a raid on Nancy Salzman’s former residence, here’s a quick summary of what those are:

  • Clare Bronfman has asserted that written communications between her, several attorneys, and various applicants for United States visas are subject to attorney-client privilege;
  • Bronfman, Keith Raniere and Nancy Salzman have asserted an attorney-client privilege over materials in the government’s possession based on their personal claims of privilege;  
  • NXIVM Corporation, Inc. has similarly asserted that attorney-client privilege protects written communications between NXIVM representatives, including the defendants Clare Bronfman and Kathy Russell, among others, and various applicants for United States visas;
  • NXIVM has also asserted attorney-client privilege over written communications between NXIVM representatives, including the defendants Bronfman and Raniere, and Mexican attorneys Ricardo Olmedo of Olmedo Gaxiola & Abogados and Diego Ruiz Durán of Bufete Ruiz Durán S.C.

As set forth in the Memorandum Of Law the government filed yesterday, the prosecution’s response to these various claims for attorney-client privilege is that none of them are applicable. If the presiding judge in this case, the Hon. Nicholas G. Garaufis, agrees with the prosecution, then every piece of communication between the named defendants and their various attorneys seized from Nancy’s former residence will be introducible at trial.

Can you spell FUCKED?  

So, here are a few of the highlights from the prosecution’s Memorandum Of Law:

  • Bronfman has sought to assert claims of attorney-client privilege in her personal capacity – and as a corporate representative of her “Fiji companies” and as to the
  • Ethical Science Foundation (This is the first time we’ve heard about Bronfman’s “Fiji companies” but it undoubtedly won’t be the last time those companies are brought up by the prosecution). The government’s response to these claims is very simple: corporations and foundations have no attorney-client privilege rights – and Bronfman waived any right she may have as an individual by sharing the related communications with third parties
  • Bronfman has sought to assert claims of attorney-client privilege with respect to communications between attorneys for Frontier Solutions, Inc. and “M.F.”, an applicant for a U.S. visa. And guess who was representing M.F. back in 2016? None other than Dennis Burke, who just happened to be one of Frontier Solutions’ attorneys (What a  coincidence!).
  • Bronfman has also sought to assert claims of attorney-client privilege with respect to communications between her and Jonathan Ware, an immigration attorney based in Georgia, concerning visa applications for several applicants – including “B.M.”, a South African national, and “P.S.H.”, a German national who claimed to be an employee of The Ethical  Science Foundation.
  • Bronfman and Raniere have sought to assert claims of attorney-client privilege on behalf of NXIVM over certain communications in the government’s possession. Interestingly, Nancy Salzman, the President and only known shareholder of NXIVM, has not sought to assert any such claims.
  • Several former members of NXIVM received threatening letters from Mr. Olmedo Gaxiola indicating they were going to be charged criminally in Mexico if they did not cease and desist contact with a group “…of more than 20 individuals” who had been trying to destroy NXIVM. The original letter had been authored by Raniere and forwarded to Olmedo Gaxiola by Bronfman.  
  • At least one former member of NXIVM received a threatening letter from Mr. Durán regarding her alleged involvement with the “…more than 20 individuals” (Bronfman even put together an Excel spreadsheet indicating the crimes that each of these individuals had committed against “…Raniere and Raniere-created entities”).  

In the “Conclusion” section of its Memorandum Of Law, the prosecution makes the following statement:

“For the reasons set forth above, the government respectfully requests that the Court issue an order holding that (1) no valid privilege can attach to communications between attorneys, applicants for United States visas, and a third party (including Bronfman and/or Raniere) and (2) the communications between Nxivm representatives and Mr. Olmedo Gaxiola and Mr. Durán are not privileged under the crime-fraud exception”,  

This is extremely important because it suggests that the two Mexican attorneys may have been involved, along with Bronfman and Raniere, in the commission of crimes.

The government further requests that “the Court direct the parties to propose a framework for conducting a privilege review of the relevant materials consistent with these holdings”.

For those non-lawyers who may be reading this post, let me translate that that quote into everyday English: “Hey, Keith and Clare, you’re fucked”.

***

One thing that has not yet come out in any of the filings is just which NXIVM Corporation is involved in this case. In this regard, it is known that different corporations with that exact same name were established in several states and in Puerto Rico.

Who knows? Maybe, each of those corporations will show up in this case at some point.

Meantime, it is curious that Dennis Burke – who some say has little or no NXIVM nexus – is mentioned as being in the thick of some of the alleged illegal activities.

One more thing: Diego Ruiz Durán is technically Alejandro Alex El Duce Betancourt’s attorney.

Betancourt may be on the hot seat himself for he, much like Kathy Russell, was behind the bogus and fraudulent lawsuits against NXIVM members that may be part of the racketeering enterprises of NXIVM.

Look for Betancouort to be indicted.

But not his lover and partner, Emiliano Salinas.

In this it may be said to be just: Keith Raniere informed Betancourt that he was Benito Mussolini in his last life. It may well be that El Duce Betancourt is going to come to another bad ending in this lifetime too.

Alex Betancourt who was told he was Mussolini in his last life by his master Keith Raniere may be headed for trouble in this lifetime.

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Artvoice

News and art, national and local. Began as alternative weekly in 1990 in Buffalo, NY. Publishing content online since 1996.

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Leave a Reply to Heidi Cancel reply

  • There are so many ways to spell Fucked in this post a lady could get knocked up just reading it!

    — Thank you, Joe and Frank for brining us this Joy for the New Year!

  • “This is extremely important because it suggests that the two Mexican attorneys may have been involved, along with Bronfman and Raniere, in the commission of crimes.”

    Attorney-Client privilege does not shield attorneys and clients when they conspire to violate the law.
    For example an attorney and client can NOT conspire together to defraud a bank.

  • According to this document, Dennis Burke aided and abetted the NXIVM Sex Cult with visa fraud, a federal crime. We know Burke was previously disciplined by the Arizona and Washington, D.C. Bar Associations for lawyer misconduct. It was national news when Burke resigned during the Obama-era Fast and Furious scandal where weapons were trafficked to drug cartels in Mexico. There are reports on the frank report blog of Dennis Burke allegedly intimidating or coercing NXIVM witnesses. An account on this blog, “DeezNuts”, was accused of being a fake name used by Dennis Burke as he made threats. Heck of a guy, Denny Burke.

  • And so the truth comes out. Burke is in fact a Nxivm lawyer, after all. In the Memorandum, the government calls Burke a Nxivm representative. Now it has been disclosed in a court filing that Burke is part of the government’s ongoing investigation. In the bigger picture, who is John Sandweg, Esq.? Peterson must feel vindicated!

  • https://frankreport.com/2018/01/29/nxivm-uses-mickey-mouse-website-to-attack-zarattini-and-parlato/

    I was just admiring Mr. Duran’s chest span in that “Mickey Mouse” T that reads: “I’ll be your Mickey Mouse!” (Disney sells a female version with Minnie ears.)

    I suddenly remembered the link above where Frank made a “Mickey Mouse” reference to the Mexi-Nexi blog NX was using to slander, “criminalize” him way back last January.

    And, just the other day “DeezNuts” stepped up to defend another “he” troll mercilessly slandering Jeff Peterson in the name of MICKEY MOUSE:

    “DeezNuts
    December 21, 2018 at 1:42 pm
    He’s talking about MICKEY MOUSE you fool. It’s called satire.

    How about you return the $10 Million to those senior citizens you swindled Jeff? That’s a good start to a return to normalcy. Return to Arizona and turn yourself in for investment fraud.

    Your soul is eternal. It’s so sad to see you ripping off the elderly. Oh how the mighty fall and then go hide in Canada.
    REPLY”

  • Notably, the U.S. government’s memorandum of law filed 2018/12/28 as document 256 defines what is evidently a never before named, heretofore unindicted co-conspirator (“CC”) in Mexico. Ibid at p.12, pageid 1901. The memorandum substitutes numerous times CC for the true name of the legal representative of Nxivm Mexico. Ibid at p.14, pageid 1903. These may be the first mentions of an international co-conspirator amongst the prosecution’s pleadings of record.

    The memorandum includes an email sent by Mexican attorney, Mr. Duran, on October 11, 2017, six days before the New York Times published its reporting on DOS, directing Jane Doe 8 to “[s]top, abstain and refrain from incurring in any type of intimidation, acts of nuisance or disturbances against” CC, legal representative of Nxivm Mexico, “and/or any person with any sort of relation to the Company referred herein.” again Footnote 12 mentions CC while noting Jane Doe 8 was not involved in Nxivm Mexico and did not have any significant interaction with the unnamed party.

    Significance can be found here because this may demonstrate a progressive effort by the government to bring a cross-border context to the government’s case in future pleadings.

    Turning to web archives, the full letter used by the government’s Dec. 28 memorandum of law was published on frankreport.com this past October 12, 2017. Such letter was sent from the “PGJ Mexico D.F.” (Sensibly, a Mexico City municipal prosecutor’s office) bearing the signature of one Lic. Fernando José Gómez, State Attorney Agent.

    Herein we learn the true identity of CC when the PGJ letter named one ALEJANDRO BETANCOURT LEDESMA as the legal representative of ‘NXIVM MEXICO S.A DE C.V.’ whilst threatening Nxivm-related parties consequences of arrest and detention in Mexico.

    My reading of the government’s Dec. 28 memorandum indicates this man ALEJANDRO BETANCOURT LEDESMA to be the unindicted co-conspirator defined by the government’s memorandum of law filed this 2018/12/28 past.

    With the historical progression of events in this Nxivm case, it may be reasonable to consider Mr. Betancourt would not retain his “unindicted” status much longer.

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