OK - also now in EDNY in #NXIVM case, now proceeding on Clare Bronfman, who pleaded guilty to conspiracy to conceal and harbor illegal aliens - Inner City Press will live tweet - thread - for now this song: https://soundcloud.com/innercitypress/nxivm-sexium-the-law-won-but-not-at-the-un-by-matthew-russell-lee

Bronfman's lawyer: She did not enter any guilty plea to any RICO count. She is not responsible for any enterprise. RICO imputes mens rea onto an actor even for unintended results, resulting in no fine tuned analysis. The PSR treats her like a RICO pleader

Bronfman's lawyer: This is not RICO--
Judge Nicholas G. Garaufis: You don't need to lecture the court about the racketeering laws. I've been at this job for 20 years. The issue here is whether we need a Fatico hearing. Don't interrupt me. We're not going there.

AUSA: We've asked defense counsel what portion of the pre-sentencing report they object to and want a hearing on. No answer. Just arguments. Like that she didn't provide financial support to Raniere. That can be proved with bank records.

Bronfman's lawyer: The PSR said she helped Jane Doe 3 to enter the US. But that was in 2003. Ms. Bronfman was in Europe doing shows. She didn't spend one dime to facilitate sex trafficking. These are material misrepresentations.

Bronfman's lawyer: If the government will agree she did not join a sex cult, we can save a lot of time. She did not plead guilty to RICO. Only 2 counts.
Judge Garaufis: I know what she pleaded to. This is not new news.

Judge Garaufis: Maybe she would withdraw her guilty plea and go to trial on this. But if she wants a Fatico hearing, she will have to be cross examined too. It's not a criminal trial. It's by the preponderance of evidence.

Judge Garaufis: There is plenty of evidence that alludes to that Ms. Bronfman did not just write checks and then go riding her horse through Europe. Who did she have? Ah, Mister Avenatti. She said he was her consultant.
Bronfman's lawyer: We're ready for a Fatico

Bronfman's lawyer: I can't speak to what previous counsel did. We are looking at things fresh. We are comfortable going to a hearing on this.
Judge Garaufis: I will need to hear from Ms. Bronfman, not her mother or her sister or some friend out in Fiji.

Bronfman's lawyer: We will bring forward witnesses. If we bring forward claims about what Ms. Bronfman was thinking --
Judge Garaufis: She was writing checks for hundreds of thousands of dollars for this enterprise. It took a year to get the financial records.

Judge Garaufis: If anything slowed this down it was not getting the financial records. I'm not done. I'll read everything you submit. Maybe you'll working things out with the government, on the facts. But I'm not going to be rushed. It may not be on Sept 30.

Bronfman's lawyer: I don't agree we caused the delay.
Judge Garaufis: You can put whatever you want in your submission.
Bronfman's lawyer: What are the dates?
Judge Garaufis: Your reply Sept 21. Have a nice day.
Story soon.