How the Courts Handled NXIVM Abuse Allegations

Written By Ariana Prete L’27

Structure/Origins of NXIVM

In 1998, Keith Raniere and Nancy Salzman founded NXIVM and created the Executive Success Programs (ESP).[1] NXIVM used ESP to promote their organization as a self-help group based in New York, that was equipped with psychoanalysts and hypnotists.[2] Members of the group would complete ESP courses and would receive sashes as a symbol of their achievements.[3] NXIVM caught the attention of celebrities, which helped Raniere and Salzman expand their organization and influence across the nation.[4] One of these companies was the Society of Protectors which was founded to empower women and shape honorable men.[5]

Allison Mack helped recruit several women into one of the most destructive companies founded under NXIVM, which was known as the Dominus Obsequious Sororium (DOS).[6] This was a secret women-only group that would eventually expose the physical and psychological abuse that Keith Raniere forced NXIVM members to endure in order to retain their membership.[7] Sara Edmondson would be the first to speak out against NXIVM which would lead to the collapse of the organization as a whole and criminal charges against those responsible for the pain and suffering of the members.

Co-founder Nancy Salzman’s role was to, in a sense, clean up the mess. While seemingly not directly involved in the abuse like Raniere and Mack were, her role was influential and helped NXIVM to stay in operation for many years. As NXIVM grew bigger, more people became suspicious of the group and questioned its true intentions.[8] As a result of this criticism, Salzman hacked into the emails of the critics and stole their identities.[9] By committing these crimes and shutting down critics, NXIVM was able to keep expanding and make more “companies” under the broader organization NXIVM.[10]

 

Abuse Allegations

Sara Edmondson was a Canadian actress who joined DOS and was the first person to expose the secrets of NXIVM.[11] When joining DOS, members were required to provide secret personal information as collateral to Raniere, who would expose the members’ secrets if they did not comply with his orders.[12] Allison Mack, posing as a trusted female to her female co-members, was in charge of collecting these damaging pieces of material from these women.[13] Another disturbing abuse tactic that Raniere employed was branding. Members were branded with Raniere’s initials, which Edmondson would share photos of all over social media to show the extent of the abuse.[14] The branding ceremony took between twenty and thirty minutes and was done with a cauterizing pen to penetrate the skin in a way that his initials would never leave their bodies.[15] Raniere’s aim in employing these tactics of abuse was to force members to become his “slaves”.[16]

In addition to this physical torture, Raniere used psychological tactics to scare his members. He performed what was known as human fright experiments on his members.[17] One woman, who remained anonymous, like many women who spoke out, Jane Doe nineteen, explained that she was connected to electrodes and was forced to watch a video of the “actual dismemberment of five women and movie scenes showing a gang rape and a racially motivated murder.”[18]

Members of DOS were often coerced into having sex with Raniere. Allison Mack was often used as a way to lure women into having these relationships with Raniere.[19] If any of the women showed interest in a man other than Raniere, they would be punished.[20] For example, one anonymous woman was caught expressing interest in another man and was forced to stay in a bedroom for more than 700 days.[21] These allegations, and many more, would lead to a legal battle against Keith Raniere and Allison Mack with the help of Sarah Edmondson and several anonymous allegations from the victims of their abuse.

NXIVM in Court

United States v. Raniere

Keith Raniere was arrested in 2018 and was indicted on charges of trafficking by force, threat of force, fraud, or coercion; conspiracy to commit sex trafficking by force, threats of force, fraud, or coercion; and conspiracy to cause another to engage in forced labor under 18 U.S.C. §§ 1591(b)(1), 1594(c), 1589(d) and 1594(b).[22] The proceedings primarily focused on DOS and his treatment of these women in the secret society.[23] In the opinion, the court made a clear distinction that the lower ranking members of the group were called his “slaves”, while the women who were in senior positions were referred to as “masters.”[24] The victims specifically recited in their case that they were forced to engage in sexual intercourse with Raniere, restrict their eating to maintain appearances that Raniere preferred, and were branded with Raniere’s initials as part of the initiation process to enter the secret society.[25]

Sex Trafficking and Sex Trafficking Conspiracy

18 U.S.C. § 1591(b)(1) states that whoever knowingly sex traffics by force, fraud, or conspiracy, will be punished for no less than fifteen years.[26] Raniere was charged under this statute as a result of soliciting inappropriate images as well as engaging in sexual acts with one of his victims who was fifteen years old. Furthermore, 18 U.S.C. § 1594(c) states that whoever conspires with someone to violate § 1591 can be imprisoned for up to life.[27] Raniere conspired with his senior “masters” to solicit collateral material from his “slaves” in the form of blackmail.[28] He also used his “masters” to force his “slaves” into engaging in sexual intercourse with him.[29]

Forced Labor Conspiracy

18 U.S.C. §1589(d) states that anyone who knowingly obtains the services of another through abuse or threats may be imprisoned for no more than twenty years.[30] 18 U.S.C. § 1594(b) states that whoever conspires with someone to violate § 1589 will be punished in the same manner as the violation in § 1589.[31] These charges are an extension of the sex trafficking charges for the abuse that Raniere put his members through such as acts like branding and using his senior members to help force others to comply with Raniere’s orders.

Restitution

In addition to the criminal charges brought against Raniere, over one hundred victims sought restitution from Raniere totaling thirty-three million dollars.[32] Out of the one hundred different complaints, only twenty-one were awarded a total of 3.5 million dollars.[33] This was determined by the Trafficking Victims Protection Act of 2000 (TPVA) and the Mandatory Restitution Act of 1996 (MVRA).[34]Raniere’s sex trafficking, sex trafficking conspiracy, and forced labor conspiracy crimes fall under the TPVA.[35] Seventeen victims were found to have submitted sufficient claims under this act and were given restitution for medical expenses, past and future mental health care, NXIVM related expenses, and uncompensated work and service.[36] Under the MVRA, four of Raniere’s victims were entitled to receive their collateral back, which included nude photos, as restitution for Raniere’s racketeering crimes.[37] These victims were also entitled to monetary rewards for unpaid work and future medical expenses.[38]

Sentencing

Raniere was ultimately sentenced to 120 years in prison. He was also fined 1,750,000 dollars at sentencing.[39] Fifteen individuals came forward at the hearing to share their stories, including his youngest victim who was fifteen years old.[40] There were several other defendants criminally charged for their involvement with Raniere’s abuse, including his most influential senior member, Allison Mack.

United States v. Mack

Allison Mack played an integral role in NXIVM by convincing young women to join DOS, turn over collateral material, and engage in sexual acts with Keith Raniere. As a result of her involvement with NXIVM, Mack faced criminal charges. She entered a plea in 2019 where she pled guilty to racketeering conspiracy and racketeering.[41]

Racketeering Conspiracy

Mack’s racketeering conspiracy was in violation of 18 U.S.C. §§ 1962(d) and 1963(a). 18 U.S.C. § 1962(d) states that it is unlawful for any person to retain any income or interest, or for someone to be involved in such an enterprise that engages with racketeering.[42] 18 U.S.C. § 1963(a) establishes that the maximum penalty for racketeering conspiracy under 18 U.S.C. § 1962(d) is twenty years.[43] Allison Mack admitted to being the senior member of DOS and to recruiting women into becoming “slaves” within the organization.[44] Furthermore, she coerced these women by telling them that the organization’s purpose was to promote women’s empowerment.[45] As a result of Mack abusing her position of power to coerce women into a falsely advertised organization, she pled guilty to racketeering conspiracy.[46]

Racketeering

Mack’s racketeering charge was in violation of 18 U.S.C. §§ 1962(c) and 1963(a).[47]  18 U.S.C. § 1962(c) states that it shall be unlawful for any person to engage with an enterprise that participates in a pattern of racketeering.[48] 18 U.S.C. § 1963(a) establishes that the maximum sentence for this charge is twenty years.[49] In addition to Mack’s racketeering conspiracy, she engaged in the act of racketeering by directing her subordinates to perform uncompensated labor, be branded with Raniere’s initials, and pressuring members into engaging in sexual acts with Raniere that they explicitly said they did not want to engage in.[50] As a result of these actions, Allison Mack pled guilty to racketeering.

Sentencing

When considering Mack’s sentence, the judge considered the testimony of women at Ketih Raniere’s trial, who Mack had coerced and manipulated, causing them physical and psychological abuse.[51] Two victims came forward at her trial to give impact statements and six others submitted their statements through letters to the court.[52] Furthermore, the judge made it clear that Mack herself was a victim of Raniere’s abuse. Victims wrote in their letters that they viewed her as an abuser and a victim.[53] Fourteen letters were submitted in support of Mack, and Mack herself wrote nine apology letters addressed to her victims, expressing her remorse for her involvement with NXIVM.[54] Mack also started working with the government one month before Raniere’s trial.[55] She turned over substantial evidence such as documents and audio recordings of Raniere’s branding ritual.[56] Taking all of these factors into consideration, the court sentenced Allison Mack to serve three years in prison and three years post-incarceration supervised release with a fine of 20,200 dollars.[57]

 

 

Photo Citation: Doha Madani, Doctor tied to NXIVM sex cult has medical license revoked, NBC News (Aug. 22, 2019), https://www.nbcnews.com/news/us-news/doctor-tied-nxivm-sex-cult-has-medical-license-revoked-n1045381.

[1] Lyra Fuchs, Cult Capitalism, Culture Front, 2021, at 7.

[2] Id. at 8.

[3] Id.

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8]  Minyvonne Burke, NXIVM Co-Founder Nancy Salzman Sentenced to 3.5 Years in Prison, NBC News (last updated Sept. 8, 2021), https://www.nbcnews.com/news/us-news/nxivm-co-founder-nancy-salzman-sentenced-3-5-years-prison-n1278702.

[9] Id.

[10] Id.

[11] Jason Proctor, Dozens of Canadians included in lawsuit over alleged abuse by NXIVM sex-cult leadership, CBC (last updated Feb. 11, 2020), https://www.cbc.ca/news/canada/british-columbia/nxivm-lawsuit-sex-cult-1.5458522 .

[12] Id.

[13] Id.

[14] Id.

[15] Vanessa Romo, NXIVM Leader Keith Raniere Found Guilty Of All Charges In Sex Cult Case, NPR (last updated June 19, 2019), https://www.npr.org/2019/06/19/734116183/nxivm-leader-keith-raniere-found-guilty-of-all-charges-in-sex-cult-case.

[16] Id.

[17] Jason Proctor, Dozens of Canadians included in lawsuit over alleged abuse by NXIVM sex-cult leadership, CBC (last updated Feb. 11, 2020), https://www.cbc.ca/news/canada/british-columbia/nxivm-lawsuit-sex-cult-1.5458522 .

[18] Id.

[19] Associated Press, NXIVM leader Keith Raniere convicted in lurid sex cult case, L.A. Times (published June 19, 2019), https://www.latimes.com/nation/nationnow/la-na-nxivm-keith-raniere-convicted-trial-20190619-story.html.

[20] Id.

[21] Id.

[22] United States v. Raniere, No. 18-CR-204-1, 2018 U.S. Dist. LEXIS 103306 at *2 (E.D.N.Y., 2018).

[23] Id.

[24] Id. at *4.

[25] Id.

[26] 18 U.S.C. § 1591(b)(1).

[27] 18 U.S.C. § 1594 (c).

[28] Associated Press, NXIVM leader Keith Raniere convicted in lurid sex cult case, L.A. Times (published June 19, 2019), https://www.latimes.com/nation/nationnow/la-na-nxivm-keith-raniere-convicted-trial-20190619-story.html.

[29] Id.

[30] 18 U.S.C. §1589(d).

[31] 18 U.S.C. § 1594(b).

[32] United States v. Raniere, No. 18-CR-204, 2021 U.S. Dist. LEXIS 139360 at * 3 (E.D.N.Y., 2021).

[33] Id.

[34] Id. at *4.

[35] Id. at *6-8.

[36] Id. at *15.

[37] Id.

[38] Id. at *18.

[39] Press Release, NXIVM Leader Keith Raniere Sentenced to 120 Years in Prison for Racketeering and Sex Trafficking Offenses, United States Attorney’s Office (Oct. 27, 2020).

[40] Id.

[41] United States v. Mack, No. 18-CR-204, 2021 U.S. Dist. LEXIS 122673 at *3 (E.D.N.Y., 2018).

[42] 18 U.S.C. § 1962(d).

[43] 18 U.S.C. § 1963(a).

[44] United States v. Mack, No. 18-CR-204, 2021 U.S. Dist. LEXIS 122673 at *7 (E.D.N.Y., 2018).

[45] Id. at *8.

[46] Id. at *7.

[47] Id. at *3.

[48] 18 U.S.C. § 1962(c).

[49] 18 U.S.C. § 1963(a).

[50] United States v. Mack, No. 18-CR-204, 2021 U.S. Dist. LEXIS 122673 at *9 (E.D.N.Y., 2018).

[51] Id.

[52] Id. at *6.

[53] Id. at *12.

[54] Id. at *5-6.

[55] Id. at *13.

[56] Id.

[57] Id. at 15.

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