An Order by Magistrate Judge Vera M. Scanlon that was originally filed “Under Seal” – but that has was released earlier today in redacted form – underscores that Clare Bronfman had, in fact, become the Chief Executive Officer (CEO) of NXIVM by late 2017.
The ruling had to do with whether a series of email communications are, as Clare has been arguing, entitled to attorney-client privilege – and, thus, should not be turned over to the prosecution and/or Clare’s co-defendants.
The communications in question are referred to throughout the Order as the “Dr. Park Dietz Documents”.
Regular readers of the Frank Report will likely recognize the name Dr. Park Dietz.
We first reported back on December 25, 2017 that Dr. Dietz had been retained by NXIVM to conduct a psychiatric evaluation of India Oxenberg in order to determine If she was competent to take more NXIVM classes.
As we also reported at that time, Dr. Dietz was not asked to determine if India was competent enough to make an informed decision about joining – or remaining – a member of DOS.
At the same time, we reported about Dr. Dietz’ hiring to evaluate India, we also offered to hire him to do a mental health evaluation of Keith Raniere.
In large part, that offer was based on what appeared to be his keen insight into the minds of narcissists and psychopaths.
As we quoted him at the time: “Narcissists and psychopaths are “exploitative of others– they use people to meet their own needs,” and “feel a sense of entitlement. . . . ‘The world owes me respect, money and fame.’ They require constant attention and admiration from others, and they lack empathy.”
Via Judge Scanlon’s Order, we now know that it was Clare Bronfman who oversaw the hiring of Dr. Dietz – and who, along with NXIVM’s attorney, Robert Crockett, made arrangements for him to evaluate India.
We also learned, not surprisingly, that Dr. Dietz was hired through Crockett’s law firm rather than directly by NXIVM – which is a maneuver that NXIVM has been using for years to shroud many of its shady activities in a false mantle of attorney-client privilege (e.g., Juval Aviv/Interfor; Sitrick & Co.; etc.).
But it was Clare who was clearly directing the operation, thus confirming that she had supplanted Nancy Salzman as the CEO of NXIVM – and that she had also replaced Kristin Keeffe as the company’s Legal Liaison.
In a summary of her ruling on the matter, Judge Scanlon wrote: “Therefore, documents created by Defendant Bronfman, Attorney Crockett or Dr. Dietz in the course of the investigation of the case, other than reports, would not be subject to disclosure. In addition, statements made by Defendant Bronfman to her attorney or Dr. Dietz, and any statement made by Dr. Dietz, as a prospective defense witness, to Defendant Bronfman or her counsel, are also exempted from disclosure”.
In addition to confirming Clare Bronfman’s elevated role in the cult, Judge Scanlon’s Order also contained several other startling findings.
These include the following:
When Judge Scanlon conducted a search on the database of the New York Secretary of State, it found five entities under the name “NXIVM”
Oddly enough, when we did a similar search today, we only came up with four such entities, two of which are “Inactive”:
• NXIVM Corporation – Inactive
• NXIVM Corporation – Inactive
• NXIVM Properties LLC – Active
• NXIVM LLC – Active
Had she done the same search in Delaware, she would have also found one there: NXIVM Corporation – File Number 2922183.
And yet another in Puerto Rico: NXIVM Corporation – Registry Number 147575.
The curious thing is why Judge Scanlon decided that because there’s an active limited liability companynamed NXIVM LLC in New York State, that means NXIVM Corporation is still an active corporation.
How curious…It’s almost like Judge Scanlon actually ignored tangible evidence to come up with that ruling.
One other curiosity in Judge Scanlon’s Order was the revelation that the prosecution had cited the decision in NXIVM Corporation v. O’Hara 241 F.R.D. 109 (N.D.N.Y. 2007) in making its argument that the “Dr. Park Dietz Documents” are not entitled to attorney-client privilege protection.
That case, which is often cited in discussions about the topic of attorney-client privilege, involved NXIVM’s attempt to cloak reports it had received from its public relations firm, Sitrick & Company, in attorney-client privilege because it had hired the firm through its consultant/attorney, Joe O’Hara.
Judge Scanlon distinguished the current matter involving Dr. Dietz from the O’Hara case by first pointing out that the O’Hara case was a civil matter. She then went on to point out that in the current matter, Robert Crockett was copied on almost every communication – which is quite different from what had happened in the O’Hara case.
The “bottom line” is that the prosecution is not going to be able to see – let alone use – any of the communications between/among Clare Bronfman, Dr. Dietz, Robert Crockett, and Clare Bronfman (and India Oxenberg).
So be it… Because it will have little impact, if any, on the prosecution’s trial strategy – and certainly none on the outcome of the trial.
But to win this particular battle, Clare had to prove that she was in charge of NXIVM back in December 2017 – and that she was the one calling the shots, directing the attorneys, hiring the experts, etc., etc., etc.
You just ensured that your name will be the first one listed on every civil lawsuit that gets filed in the aftermath of the criminal case.
Viva Executive Success!
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