D,p
-X
MEMOR NDUM
RDER
18-CR-204-1
NGG)
VMS)
UNITED ST TES
DISTRICT
COURT
E STERN
DISTRICT
OF
NEW
ORK
UNITED
STATES
OF
AMERICA,
-against-
KEITHRANIERE,
Defendant.
X
NICHOLAS
.
GARAUFIS,
nited
States
District
Judge.
Defendant
eith Raniere
has
been
ndicted
on
harges
arising
fr
om
is
involvement
n
several hierarchical
pyramid-structured
organizations
he
founded.
(Second
Superseding
Indictment Indictment )
Dkt.
430)
1-49.)
These
rganizations
included
Nxivm,
hich
purported to
offer self-help
courses,
and
DOS,
ecret
society
that
purported
to
be
a
women's
empowerment
roup.
(Compl.
Dkt.
1)
7;
Indictment
HH
1-3,42.)
The
ndictment
charges
him
with
racketeering
(or
RICO )
onspiracy,
m
iolation
of
18
U.S.C.
§
962(d)
Count
One )
id
13-26);
and
with
racketeering,
in
violation
of 18
U.S.C. 1962(c)
Count
Two )
id
16-40).
It
also
charges Raniere with
participation
in
a
orced labor
conspiracy,
n
violation
of
18
U.S.C.
§
589(a)
Count
Six )
id K
4); wire
fr
aud
onspiracy,
n
violation
of 18
U.S.C.
§
1343
Count Seven )
id
H
5);
and
sex
rafficking
offenses,
in
violation
of
rovisions
of
18
U.S.C.
§
591
( Count
ight,
Count
ine,
and
Count Ten )
Qd
K
6-48).
Before
the court are
Raniere's
motions
o
dismiss various
counts
and
redicate
racketeering
acts
in
the
Indictment,
or
a
ill
of
articulars,
or
prompt
isclosure
of
xculpatory
materials
pursuant
to
Bradv
v.
Maryland.
373
U.S.
83
1963),
o
preclude the
Government's
proposed
experts,
and
or
an
rder
allowing
foreign witnesses
to
testify
via
live
videoconferencing.
(Keith
Raniere
Mot.
o
Dismiss
ndictment, or
a
ill
of
articulars,
or
Case 1:18-cr-00204-NGG-VMS Document 600 Filed 04/29/19 Page 1 of 64 PageID #: 6357
Brady
aterials,
and
or
Foreign
Trial
Testimony
Raniere
Mot. )
Dkt.
56).)
The
ourt
DENIES
aniere's
motions
or the
following
reasons.
I.
B CKGROUND
A.
The
Goverament's
Factual
llegations^
1.
Nxivm
and
DOS
The
Government
lleges
in
its
complaint
that,
in
or
about
1998,
aniere
founded
Executive Success
Programs,
nc.
( ESP ),
a
eries
of
orkshops
designed
(according
to
its
promotional
literature)
to actualize
human
otential.
(Compl.
.)
In
or
about
2003,
aniere
founded
an
organization
called
Nxivm,
hich
erved
as
an
umbrella
organization for
ESP
nd
other
affiliated entities
fid.)
Nxivm
promoted
tself
as
a
professional
business providing
educational
tools,
coaching
and
rainings
to corporations
and
people
fr
om
ll
walks
of
ife,
and
described
its
philosophy
as
a
new
thical
understanding
that
allows
humanity
o
rise
to
its
noble
possibility.
(Id)
Nxivm
was
headquartered in
Albany,
New
ork, and
ecruited
members
r
om
round
he
world,
ncluding
fr
om
he Eastern
District
of
New
ork.
(Id
H
It
offered classes
in various
cities
within
the
United
States
and
abroad,
which
cost
up
o
$5,000
or
a
i
ve-day
workshop.
(Id
6.)
Nxivm
encouraged
ts
participants
to continue
attending classes
and
o
recruit
others
into
Nxivm
n order
to
be promoted
within the
organization
and
hereby
reach
certain
goal
aturally,
Raniere
disagrees
with
many
of
he
Government's
characterizations
of Nxivm.
(See,
.g..
Raniere
Mem
in
Supp.
of ot.
o
Dismiss
First
Superseding Indictment
(Dkt.
198)
t
1-2.)
The
ourt
recites
only
the
Government's
actual allegations
here
for
two
easons.
First,
the court
must assume
hat
the Indictment's
allegations
are
true
for
the purposes
of
motion
o dismiss.
United
States
v.
Wev.
o.
15-611
(AJN),
017
WL
37651
(S.D.N.Y.
an.
18,2017),
t
*5
citing
United
States
v.
Velasteeui.
199
F.3d
590,
92
n.2
2d
Cir.
1999)).
Second,
the
allegations in
the
Government's
omplaint
are
relevant
in assessing
whether
Defendants
have
proper
notice
of
the
charges
gainst
them.
S^
nited
States
v.
Walsh.
194
F.3d
37,45
2d
Cir.
1999) [A]
ourt
may
ook
to
he
record as
a
whole
n
determining
whether
he defendant
is
protected
from
double
jeopardy
n
a
ubsequent
prosecution
and
whether
the
defendant
has
had
an
adequate
opportunity
to
prepare
his defense. ).
Case 1:18-cr-00204-NGG-VMS Document 600 Filed 04/29/19 Page 2 of 64 PageID #: 6358
levels.
rid.)
The
Nxivm
urriculum
allegedly
taught,
among
ther things,
that
women
ad
inherent
weaknesses
ncluding
overemotional
atures,
an
nability
to
keep
romises,
andembracing
he
role
of
ictim.
(Id.
^
7.)
In
2015,
aniere
created
a
ecret society called
DOS, ^
hich
s
structured
like
a
pyramid
with
levels
of
slaves
headed
by
masters.
(Id
UK
11,
13.)
DOS
laves
were
xpected
to
recruit
slaves
of
heir
own
ho
n turn
would
owe
ervice
to
heir
own
asters
and
to
masters
above.
(Id K
13.)
All
DOS
articipants
were
women
xcept
for
Raniere,
whose
tatus
as the
highest
DOS
aster
was
llegedly
concealed
from
newly
ecruited
slaves, other
than
hose
directly
under
aniere.
Qd
4.)
DOS
asters
recruited slaves
mostly
from
Nxivm.
(Id K
5.)
Masters
targeted
dissatisfied
women
y
elling
them
hat
DOS
ould
change
heir
lives
and
hat,
to
join
DOS
they
would
need
o provide
collateral
to
ensure they
would
ot
leave
the
group or
ell
others
about
t.
Qd
K
5-19.)
Collateral
included
sexually
explicit
photographs
and
ideos;
rights
to
financial
assets;
videos
made
o
look
o
look
andid
in
which
he prospective slaves
told
damning
stories
(true
or
untrue)
about
hemselves,
r
iends,
or family
members;
and
etters
making
damaging
ccusations
true
or
untrue)
about
fr
iends
and
amily
members.
Qd
K
6,18.)
After joining
DOS
laves
were
equired to
provide
additional
collateral
every
month;
ll
DOS
laves
were
ltimately
made
o
provide
more
ollateral
than
had
niti lly
been
escribed to
them.
(Id
ft
8-19.) Slaves
were
lso
obligated
to
perform
acts
of
are
or
and
pay
tribute to
their
masters
by
ringing
them
coffee,
buying
them
groceries,
making them
unch,
carrying
^
DOS
llegedly
stands
for
Dominus
bsequious Sororium,
a
atin phrase
th t
tr nsl tes
roughly
to
Lord/Master
of
ie
Obedient
Female Companions.
(Compl.
^
1
n.
.)
Case 1:18-cr-00204-NGG-VMS Document 600 Filed 04/29/19 Page 3 of 64 PageID #: 6359
