Clare Bronfman has filed a motion asking US District Court Judge Nicholas G. Garaufis to modify the conditions of her probation, arguing that the Special Non-Associational Condition (SNC) he imposed is unconstitutional.
Judge Garaufis sentenced Bronfman to 81 months in prison followed by probation. His SNC bars Bronfman from associating with anyone connected to NXIVM, DOS, or affiliated entities.
Judge Nicholas Garaufis
On September 30, 2020, Judge Garaufias ordered at Bronfman’s sentencing hearing that during her probation she cannot “associate in person through e-mail, through mail, electronic mail, telephone with any individual with an affiliation through Executive Success Programs, Nxivm, DOS or any other affiliated Nxivm organizations. Nor shall the defendant frequent any establishment or locale where these groups may be, pursuant to but not limited to prohibition list provided by the US Probation Department.”
Bronfman’s lawyer, Ronald Sullivan, argued that “The SNC infringes upon Ms. Bronfman’s First Amendment right to freely associate by banning her from interacting with thousands of individuals merely ‘affiliated’ with non-criminal and now-defunct organizations, arbitrarily curtailing not only her rights but also those of these individuals.”
Bronfman attorney Ron Sullivan
Sullivan argued that “the term ‘affiliated’ is undefined, leaving Ms. Bronfman unable to discern who she can associate with.”
“Over the course of these organizations’ existences, tens of thousands of people signed up to take classes, attend events, and otherwise become ‘affiliated‘ with NXIVM.”
The motion criticizes the SNC for lacking clarity. “Does it apply to anyone who attended a NXIVM class? To family members or friends of former members?“ Sullivan asked, emphasizing that ambiguity leaves Bronfman at risk of violating her SNC unknowingly.
“Even the most charitable reading results in effectively prohibiting Ms. Bronfman from interacting with thousands of as yet unidentified members of the public, including members of her own family.”
Potential Family Restrictions
Clare and Sara Bronfman on stage supporting NXIVM
As it appears on the surface, the SNC bars Bronfman from associating with her family members.
Sullivan writes, though perhaps incorrectly, “As is well documented, Ms. Bronfman became involved with NXIVM through her father and participated in its programs with her sister and cousins. Under the current language of the SNC, Ms. Bronfman is presumptively prohibited from interacting with her sister, her cousins and would be presumptively prohibited from contacting her father were he still alive.”
It is well documented that Clare got involved with NXIVM not by her father but directly through her sister Sara Bronfman. For years, her father wanted to save her from Raniere’s influence.
Bronfman’s motion requests the court specify which individuals the judge has prohibited her from contacting and to provide justification for their inclusion.
Sullivan wrote, “The SNC improperly delegates to Probation the authority to decide, from potentially thousands, which individuals Ms. Bronfman can or cannot associate with, exceeding the court’s permissible scope of delegation.”
Judge Garaufis acknowledged receipt of Bronfman’s motion to modify the conditions of supervised release. He directed the US Attorney for the Eastern District of NY and the US Probation Department to respond to Bronfman’s motion by January 31, 2025
Sullivan, a Harvard law professor and constitutional expert, writes, “Under the First Amendment, Ms. Bronfman has a liberty interest in maintaining personal relationships with whom she chooses.”
Ripple Effects
The six NXIVM defendants, Upper Row: Kathy Russell, Keith Raniere, Nancy Salzman, LowerAllison Mack, Lauren Salzman, Clare Bronfman.
Bronfman’s challenge could have implications for NXIVM-related defendants, including Nancy Salzman, Allison Mack, Lauren Salzman, and Kathy Russell, who are under similar non-association restrictions during their supervised release periods.
Although serving a 120-year sentence, a successful ruling for Bronfman could influence any future conditions imposed on Keith Raniere if his sentence is reduced or commuted.
