Records of property forfeited through U.S. v. Keith Raniere, et al.
Tracking # |
NFP-117034 |
Submitted | Jan. 18, 2020 |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All Bureau records related to any and all assets searched, seized, condemned and/or forfeited as part of Court Case Number CR-18-0204, U.S. v. Keith Raniere, et al. This request is specific to intellectual and real property that has been seized and is now acknowledged as government property, and is no longer personal property of the defendants.
The Overwhelming Public Interest in These Records:
The case of U.S. v. Keith Raniere, et al. centers upon an international-scale corporate entity under the umbrella of Executive Success Programs, dba. NXIVM, that encompassed several sub-groups both acknowledged and secret. The public interest in the group is demonstrable, as the entity and its members have been known to the public for almost two decades. It has wielded influence among several sets of public persons (including politicians, celebrities and the wealthy). Its curious practices have often invited public scrutiny, as they are described as "cult-like." The group has been discussed extensively in media (including in broadcasts, print and internet media including the CBC, 20/20, Forbes, Vanity Fair and Buzzfeed News).
The overwhelming public interest in disclosure of material is enough to overcome any exemptions to FOIA. While the defendants in U.S. v. Keith Raniere, et al. have yet to be sentenced, they have all either pleaded guilty or have been found guilty and all forfeiture claims have been ruled upon; as such, there is no harm to an ongoing adjudication. Seizure and forfeiture are routine operations of government, and not covered by the investigative methods exemption.
Documents attesting to the government's uncontested ownership of the real property and intellectual property are available as entries to the docket in the case, and they are attached:
* Case 1:18-cr-00204-NGG-VMS Document 796: Notice of Forfeiture
* Case 1:18-cr-00204-NGG-VMS Document 823: Stipulation between USAO and Nancy Bronfman, relinquishing third-party Sara Bronfman's claims to the New Karner Road properties
* Case 1:18-cr-00204-NGG-VMS Document 840: Order (by Nicholas G. Garaufis, US District Judge) dismissing Keith Raniere's claim of any ownership to First Principles Inc.
Public Interest viz. Real Property Records:
As indicated in these documents, premises known to have been searched, seized and had their accompanying assets forfeited to the government include the following addresses: 3 Oregon Trail, Waterford, New York; 8 Hale Drive, Halfmoon, New York 12065; 7 Generals Way, Clifton Park, New York 12065; 447, 455, 457 New Karner Road, Albany, New York 12205. Please include all documentation of search and seizure (e.g., warrants, reports of searches, and inventory information). This should include any document describing the respective buildings, appurtenances, improvements, fixtures, attachments, easements and furnishings (for example, photographs and property records).
There is a clear public interest in the Bureau's records regarding these properties, including how they were used as part of a criminal conspiracy. Several accounts from the U.S. v. Raniere, et al. trial describe specific fixtures and furnishings that were part of the criminal acts, e.g., the installation of equipment for the confinement and surveillance of at least one person as a prisoner.
Public Interest viz. Intellectual Property of First Principles:
In addition, records state that the government has seized "All right, title and interest in First Principles Inc., a Delaware corporation, and all assets' rights thereof, including but not limited to bank accounts and intellectual property rights (19-FBI-005572)." This was the sole property that had its forfeiture contested, by self-proclaimed "innocent party" Keith Raniere. As noted above, this claim has been dismissed by Judge Garaufis.
Upon information and belief, "intellectual property rights of First Principles Inc." includes rights to the underlying documents (including textual records as well as audio or visual recordings) asserted to have been held under patent or copyright by this company. Thus, in addition to any inventory produced by the Bureau regarding the holdings of First Principles, this request specifies that actual documents produced under the First Principles copyright to be released in appropriate formats for viewing by the public.
An example of such a document is described as a "manual" for Executive Success Program ("[a] 265-page manual [that]contains a copyright notice on virtually every page,") as well as documents described as course "modules" for Executive Success Program (see: "NXIVM CORPORATION v. Ross Institute, Court of Appeals, 2nd Circuit 2004," Opinion by John M. Walker, Jr., Chief Judge.).
Further, an article about the U.S. v. Raniere, et al. trial indicates that a box of documents was seized at the Oregon Trail, Waterford residence included "purported financial records of 'enemies of NXIVM' such as federal judges, journalists and [a] political consultant." (see: Gavin. Albany TImes-Union. "NXIVM's files on 'enemies' debated in court." published May 14, 2019). It is my assumption that the government takes the view that such documents were commissioned by First Principles, as part of their copyright defense strategy, and should be considered their former intellectual property now in possession of the government.
I reiterate that there is an overwhelming public interest in the disclosure of this material and that there is no harm to ongoing matter. To attest to the public interest in the portfolio of intellectual property, the content of First Principles materials have been previously critiqued and examined by psychologists interested in their use for coercive control over individuals (see: John Hochman, M.D., "A Forensic Psychiatrist Evaluates ESP" February 2003). As the government is now in full possession of the copyright and patent portfolio, it should disclose all such materials for similar public examination. The release of the full portfolio of intellectual property will allow for further examination of how Executive Success Program dba. NXIVM worked, the degree to which it was either scientific or flim-flam, and has potentially invaluable use in the examination of similar groups.
A Plea for Fulfillment of the FOIA Request:
I plea for both a fulsome and speedy return of materials. I have included descriptions and listings for example purposes; they are not meant as a limitation. Please be consistent with the first paragraph's request for *all* records of search, seizure, condemnation and forfeiture of intellectual and real property the above-captioned case. Please note, that if there is other property not named but described, it should be considered responsive. As has been handed down by the courts, "FOIA requests are not a game of Battleship. The requester should not have to score a direct hit on the records sought based on the precise phrasing of his request." (see: "GOV'T ACCOUNTAB. PROJ. v. US DEP'T OF HOMELAND, 335 F. Supp. 3d 7 - Dist. Court, Dist. of Columbia 2018" Opinion by Christopher R. Cooper, United States District Judge).
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
T. McElwee
From: Federal Bureau of Investigation
There are eFOIA files available for you to download.
From: Federal Bureau of Investigation
The request has been forwarded from one agency to another agency or department for further review or follow up.
From: T. McElwee
To whom it may concern:
I ask for this FOIA request to be perfected further. I believe the reviewer has misinterpreted a request. I pointed out the specific court cases where property was forfeited only to assist the reviewer in a review of the documents. As I asserted, the U.S. government's title to various forms of property is now free and clear.
However, it is the Federal Bureau of Investigation that searched and seized the property. So I reiterate my request for the FBI's records regarding the following physical addresses were searched. I wish to have the documents of the search, conducted in calendar year 2018
3 Oregon Trail, Waterford, New York;
8 Hale Drive, Halfmoon, New York 12065;
7 Generals Way, Clifton Park, New York 12065;
447 New Karner Road, Albany, New York 12205;
455 New Karner Road, Albany, New York 12205;
457 New Karner Road, Albany, New York 12205.
This would include photographs or videos taken of the premises as part of an evidence collection process by the FBI.
In addition, any FBI evidence collected that matches any of the following descriptors: 1) A "manual" for Executive Success Program ("[a] 265-page manual [that]contains a copyright notice on virtually every page,") where the copyright notice includes the phrase First Principles Inc; 2) documents described as course "modules" for Executive Success Program having a copyright notice held by First Principles Inc.; 3) contents of a box of documents was seized at 3 Oregon Trail, Waterford, New York; which includes "purported financial records of 'enemies of NXIVM' such as federal judges, journalists and [a] political consultant."
These items would be reviewed as a matter of course in an evidence collection process. However, I note that all items have been forfeited as part of the asset forfeiture process because of the potentially false assertion of copyright materials; copyrights are now those of the government and the material should be assumed free for dissemination by a government agency.
From: Federal Bureau of Investigation
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=EOUSA-2020-001761&type=request)
* Tracking Number: EOUSA-2020-001761
* Requester Name: T. McElwee
* Date Submitted: 02/12/2020
* Request Status: Submitted
* Description:
Keith Raniere (Third party)
From: Federal Bureau of Investigation
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