Marc Agnifilo spoke eloquently about a man named Keith Raniere that was kind and loving, gentle and vulnerable.
News NXIVM

Agnifilo Seeks To Blow Up Search Warrants That Led To Discovery Of Evidence

One of the first things you learn in the law school class that covers trial tactics is how best to present your case.

That advice can be boiled down to three sentences:
• When the facts favor your side of the argument, pound the facts.
• When the law favors your side of the argument, pound the law.
• When neither the facts nor the law supports your side of the argument, pound the table.

Marc Agnifilo, Keith Raniere’s lead attorney, is now pounding the table.

And he’s doing so very hard…

*****

Back on January 9, 2019, Agnifilo filed a Motion To Suppress the evidence the prosecution had obtained via three search warrants that had been served upon:
• The Apple IDs associated with Raniere, Allison Mack and Lauren Salzman;
• Raniere’s Yahoo! email account;
• Mack’s iCloud account;
• Lauren Salzman’s iCloud account;
• Clare Bronfman’s Gmail account;
• The email accounts of two of Raniere’s long-time partners – one of whom was probably Pam Cafritz and the other of whom is unknown; and
• Nancy Salzman’s former home at 3 Oregon Trail in Halfmoon, NY.

Although the document was originally filed “under seal”, a partially redacted version of it has now been made available to the general public – which allows us to see a good deal of what has been going on behind the scenes.

As it turns out, Agnifilo has alleged that the affidavits which were used to obtain the search warrants were flawed because they contained “material misstatements and omissions”.

Agnifilo has also requested a hearing to present his arguments as to why the affidavits were flawed – and why, therefore, the prosecution should not be allowed to utilize any of the evidence it obtained via those search warrants in the upcoming trial in the case of U.S. v. Raniere Et Al.

In detailing why he believes the search warrants were flawed, Agnifilo makes the following assertions:

• RE: The December 7, 2017 Search Warrant:

– It failed to mention that journalists from The Times Union and Vanity Fair “hacked into the Nxivm servers to obtain client lists and non-public, proprietary information” (Agnifilo fails to note that this allegation has never been proven – and offers no proof to support it);

– It failed to mention that John Tighe implicated Joe O’Hara and Toni Natalie when he pled guilty to criminal computer trespass (Agnifilo fails to note that similar charges against O’Hara and Natalie had already been dismissed well before this search warrant was issued);

– It failed to mention that Times Union reporter James Odato left the employ of the Times Union after NXIVM initiated a civil lawsuit against the newspaper (Agnifilo fails to note that the lawsuit in question was dismissed because Clare Bronfman was found to have perjured herself in the underlying “Complaint”);

– It failed to mention that Frank Parlato, Odato, O’Hara and others “have been involved in misappropriating and printing stolen, confidential, personal information hacked and misappropriated from NXIVM’s private computer files” (Agnifilo fails to note that none of these allegations has ever been proven – and offers no proof to support them);

– It failed to mention that Frank Parlato, Odato, O’Hara, the Times-Union and other publications are “in possession of stolen, confidential NXIVM information” (Agnifilo fails to note that this allegation has never been proven – and offers no proof to support it);

– It failed to mention that Sarah Edmondson stole and misappropriated Nxivm corporate documents upon leaving Nxivm (Agnifilo fails to note that this allegation has never been proven – and offers no proof to support it);

– It falsely stated that Raniere had fled to Mexico to evade federal law enforcement officials (Agnifilo fails to note that this is exactly what Raniere did – and that it’s a major reason why Raniere has been denied bail three times in this case);

– It falsely stated that Raniere was “reported to be living in Monterrey, Mexico, where Nxivm maintains a center, with a member of his harem, who is a branded DOS slave” (Agnifilo claims that Mariana Fernandez was not a member of DOS and had not been branded);

– It falsely stated that Jane Doe 3 and Jane Doe 4 joined DOS to “move up the Nxivm ranks” (Except for noting that both of these Jane Does were already high-ranking members of NXIVM, Agnifilo offers no proof to the contrary that they joined DOS for that purpose); and

– It referenced a memorandum entitled “Criminal Activity involving KR 11-12” that had been put together by Frank Parlato and Catherine Oxenberg (Agnifilo does not explain the relevance of this memorandum – and he does not refute the accuracy of its contents).

• RE: The January 18, 2018 Search Warrant:
– This search warrant had all the same flaws as the December 7, 2017 warrant;

– It references the Frank Report – which Agnifilo claims is written by Frank Parlato “who claims to have law enforcement sources, including Richard Donoghue, the United States Attorney of the EDNY, himself” (Frank, of course, has never made any such claims – and has, in fact, gone on the record numerous times to claim the exact opposite);

– It fails to point out that Parlato “had been indicted for stealing $1 million from Bronfman” (Agnifilo buries in a footnote the fact that the charge against Parlato involving the Bronfman funds has already been withdrawn by the prosecution); and

– It failed to point out that Nancy Salzman had never released any of the “collateral” that had been provided by Sarah Edmondson (Agnifilo does not address the fact that the collection – and retention – of that collateral constituted criminal acts).

• RE: The October 2018 Search Warrant:
– It included a misleading representation of the NXIVM/ESP member who was confined to a room for more than 18-months (Agnifilo then goes on to omit numerous critical facts in describing this scenario);

– It included snippets of Raniere’s emails that were taken out of context (Agnifilo does not provide any details about these snippets); and

– It implies that it was Raniere and his cohorts who prevented the NXIVM/ESP member from getting her identification papers back (Agnifilo claims it was the young woman’s family who made that decision).

*****

It’s becoming increasingly clear why Agnifilo has been filing so many documents “under seal” in this case.

By doing so, he’s been able to make numerous false and misleading statements against lots of people without them even being aware of what he’s said about them.

But as more and more of his filings get unsealed – and, hopefully, they will all be unsealed at some point in time – his baseless allegations and personal attacks are getting exposed to the general public and, more importantly, to the people he’s been maligning.

Given the fact that Raniere is guilty of everything he’s been charged with – and a whole lot more – we can expect a lot more table pounding by Marc Agnifilo…

Bang on, Mr. Agnifilo… Bang on!

About the author

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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  • Another great article krclaviger.

    Marc Agnifilo is the kind of lawyer who give lawyers such a bad reputation. Does a client deserve a good defense, of course.

    Twisting facts and outright lying to a Judge is a bottom feeding tactic. Marc Agnifilo care more about winning than presenting facts in this case.

    The really good news is there is a very sharp Judge on the bench in this case plus a top notch team with the DOJ.

    The DOJ has knowledge of the KAR playbook – How to lie your way through a legal battle, ( Patent Pending in Ethiopia).

    Have we seen the last plea deal? Probably not. Who the heck wants to spend years in jail for their crybaby Vanguard?

  • Hey Claviger,

    Stop being such a PUSSY and give us a PERCENTAGE figure showing just how likely any of his motions (to toss out evidence) will be granted.

    20%?

    5%?

    1%?

    0%?

    Methinks you’re too chickenshit to go on the record with a percentage.

    Tell us the straight skinny and don’t be conservative about it.

    Are you saying they have ZERO merit?

    If ANY of those motions have even 20% merit, then please FUCKEN TELL US SO, you pussy. 🙂

    Other than that, great article.

    • Surprised that you read the detailed article – and you are usually so full of your own blustering knowledge – but yet you don’t know the answer to your own simple question. The answer is that there is merit to each motion. Merit because Marc Agnifilo is banking it, and he is looking busy enough to hopefully not get fired. Tomorrow, he’s putting in another motion for bail, and a motion to allow conjugal visits.

    • Dennis,

      You might be right that Agnifilo’s motions have a low likelihood of succeeding. A good benchmark for comparison could be the low likelihood that your written and telephonic communications in connection with suspicious visa dealings would be withheld from evidence, considering the crime-fraud exception to the privilege rules.

      According to a former AUSA in Boston, seems you are probably also right with your prediction that more Nxivm related indictments may be on the horizon, whether as a part of the existing case or separate.

  • Agnifilo needs another hearing to bill the trust some more.

    Defamation lawsuits, anyone?

    That could be a might expensive Hail Mary pass.

    I am going to laugh my ass off when they are suing him later to get all the legal fees back.

  • Krclaviger,

    Thank you for the excellent detailed and time consuming reporting.
    *******

    The good news is Agnifilo is generating billables and draining the trust. Agnifilo is like a classy Bruce Cutler (John Gotti’s attorney).

    How much do you think Agnifilo bills hourly?

    I know Krclaviger estimated Agnifilo’s retainer.

    The best part about the legal defense trust is that all of the different attorneys and law firms involved are in kind of competition to get as much of a share of the money in the trust as they can before it runs out.

    I bet Agnifilo has of his junior associates and paralegals working on his files and billing them out at his own personal rate.
    I think it’s legal in New York.

    • Do you think Nancy lawyers will get paid out of the trust fund now that she’s flipped to the other side?

  • In the motion, Marc claims it was not Keith who did not give Jane doe 4 her visa, it was in fact her own family that would not give Jane doe 4 her visa. Entered into edvidence, exhibit 11 of the motion is a transcript of the letter written by Jane Doe 4, to her papa.

    The letter states- “Why won’t you give me my papers? You said on the last talk you and (redacted) had with me that you’d help me with my visa in every way you could”

    There are many ways to interpret that sentence. It certainly does not prove her family had her visa, or withheld it from her, it does prove her family was willing help her get her visa in every way they could. Which is exactly the opposite of Marc’s claim.

    This is the crucial type of evidence that Marc is submitting to the court.

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