In Judge Nicholas Garaufis’ restitution order, he lays out who gets what – and why he decided they were to get what he awarded them.
Here is his list.
Not a true picture of Nicole, whose last name is being withheld.
Jane Doe 5/Nicole: $412,779.18
Nicole was found to be a victim of a sex trafficking, sex trafficking conspiracy and forced labor conspiracy in connection with her membership in DOS. The judge found that she is entitled to $2,500 for the cost of brand removal, $57,250 for past mental health care, $149,400 for future mental health care, $6,250 for Nxivm tuition expenses incurred as a result of her enslavement in DOS, and $9,697.30 for legal fees and costs.
“In total, I order that the defendant pay $412,779.18 in restitution to Nicole.” the judge wrote.
This includes
610 hours as a teacher and mentor, to be compensated at the mean hourly wage for art, drama, and music teachers
($53.27 for calendar year 2015
$56.28 for calendar year 2016
$54.67 for calendar year 2017
160 hours of rehearsal and performance, to be compensated at $39.84 for… 2016
200 hours of editing, to be compensated at … $32.80 for … 2017
17 hours of transcription … hourly wage for word processors and typists
$19.22 for 2016
$19.74 for 2017
16 hours of event coordination [event planners] $25.30 for 2017
10,956 hours of time dedicated to her servitude in DOS, to be compensated at the mean hourly wage for personal care and service workers
$13.20 for 2016
$13.35 for 2017.
Jessica Joan AKA Jay
Jane Doe 8/ Jessica Joan AKA Jay: $116,568
Jay was a victim of a sex trafficking, sex trafficking conspiracy and forced labor conspiracy.
The judge found that she is entitled to
$15,000 for past mental health care
$19,350 for future mental health care
$10,380.80 for legal fees and costs.
uncompensated work with a total value of $71,837.20.
In total, I order that the defendant pay $116,568.00 in restitution to Jay.
This includes 20 hours of transcription work, … $19.22 per hour and 5,368 hours of time dedicated to her servitude in DOS [$13.20 for calendar year 2016; $13.35 for calendar year 2017).
Note, most [more than $70,000] of Jessica Joan’s restitution was for being available for readiness drills etc..
Jane Doe 6: Audrey: $142,017.96
Jane Doe 6 was a victim of forced labor conspiracy in connection with her membership in DOS.
She is entitled to
$3,171.21 for the cost of brand removal and related expenses
$800 for past mental health care
$86,625 for future mental health care
$14,035.30 for legal fees and costs.
uncompensated work — $37,386.45
25 hours of DOS assignment administration, to be compensated at the mean hourly wage for executive administrative assistants ($28.56 for calendar year 2017);
2,747 hours of time dedicated to her servitude in DOS, to be compensated at the mean hourly wage for personal care and service workers ($13.35 for calendar year 2017).
In total, I order the defendant pay $142,017.96 in restitution to Jane Doe 6.
This includes
Sylvie: $25,809.78
MK10ART painting of Sylvie. Only her first name was used during the trial.
Sylvie: I find that Sylvie was a victim of covered sex trafficking conspiracy and forced labor conspiracy offenses in connection with her membership in DOS. I find that she is entitled to $13,404.49 for past mental health care and $12,405.29 in legal
fees and costs.
In total, I order that the defendant pay $25,809.78 in restitution to Sylvie. It is not clear why Sylvie did not get compensated for unpaid work for DOS. It should be noted that she did get $96,000 in restitution from Clare Bronfman as part of Bronfman’s plea deal.
Additional Jane Doe 7/India Oxenberg: $298,476.65
India was a victim of sex trafficking conspiracy and forced labor conspiracy and entitled to
$123,600 for future mental health care,
$2,711.21 for travel and boarding expenses for Nxivm courses incurred after being recruited into DOS
$25,137.30 in legal fees and costs.
uncompensated work with a total value of $147,028.14.
This includes 20 hours of organizing work, at the hourly wage for event planners ($25.01 for calendar year 2016);
10 hours of transcription work, at the hourly wage for word processors and typists ($19.22 for calendar year 2016)
10,934 hours of time dedicated to her servitude in DOS, ($13.20 for 2016; $13.35 for 2017; $13.59 for 2018)
In total, $298,476.65 in restitution to India
Sarah Edmondson
Additional Jane Doe 13/Sarah Edmondson: $27,408.35
Sarah was a victim of forced labor conspiracy, entitled to
$1,896.90 for past medical expenses;
$1,764.12 for past mental health care;
$11,609.03 for future mental health care;
$12,138.30 in legal fees and costs.
In total, $27,408.35 in restitution
Amanda: $257,617.51
Amanda, [who is an attorney] was a victim of forced labor conspiracy entitled to
$168,437.50 for future mental health care
$4,255.80 in attorneys’ fees.
uncompensated work $84,924.21.
84 hours of coaching, ($22.89 per hour
20 hours of recruiting ($19.32);
30 hours of legal work, [$68.22 per hour]
60 hours creating DOS infrastructure, $32.06
5,891 hours of time dedicated to her servitude in DOS, ($13.35).
$257,617.51 in restitution to Amanda.
Additional Jane Doe 34/Souki: $244,680.03
Additional Jane Doe 34 was a victim of covered forced labor conspiracy and sex trafficking conspiracy entitled to
$17,200 for past mental health care
$12,281.30 in legal fees and costs.
uncompensated work $215,198.73.6
This includes 1,180 hours of committee work and media management, at media and communication workers ($24.45 for 2016; $25.56 for 2017)
390 hours of writing and editing, at hourly wage for writers and authors ($34.58)
340 hours of event planning, ($25.01 for 2016; $25.30 for 2017)
60 hours of mobile app development, at hourly wage for software developers ($51.30);
370 hours of graphic design, ($25.14 for 2016; $25.62 for 2017);
660 hours in enrollment work, (20.83 for calendar year 2016; $19.23 for
calendar year 2017);
258 hours of video and documentary production, per the retention agreement with The Source ($75.00 for
calendar year 2016; $75 for calendar year 2017; $29.58 for intro video
220 hours of photography and editing, ($20.50 for 2016; $20.17 for 2017);
20 hours of blog development, $35.63 for 2017);
58 hours of business administration ($15.87 – $16.30)
118 hours of asset management, ($31.99 – $32.69 ;
448 hours of intensive coaching, ($20.75)
;132 hours of coaching,($22.90- $22.89);
30 hours of video production, per an agreement with Clare Bronfman ($2,380.00 for
video);
60 hours of performing ($39.84)
$700 for work-related travel
6,798 hours of time dedicated to her servitude in DOS, ($13.20 -$13.35).
In total, I order the defendant pay $244,680.03 in restitution to Additional Jane Doe 34.
Additional Jane Doe 36/Valerie: $241,247.50
Additional Jane Doe 36 was a victim of forced labor conspiracy entitled to
$3,350 for past mental health care,
$168,437.50 for future mental health care,
$776 for Nxivm course tuition and travel related costs related to DOS,
$11,150.30 in legal fees and costs.
uncompensated work $57,533.70. This includes 4,318 hours of time dedicated to her servitude in DOS
In total, I order the defendant pay $241,247.50 in restitution to Additional Jane Doe 36.
Additional Jane Doe 8/ Pam A. [Not Pam Cafritz]: $172,354.18
Additional Jane Doe 8 was a victim of forced labor conspiracy entitled to
$1,325.64 for past medical services,
$255.89 for past mental health care,
$19,260.30 for future mental health care,
$21,248.30 in attorneys’ fees.
uncompensated work $130,264.05.
This includes 9,805 hours of time dedicated to her servitude in DOS, to be compensated at the mean hourly wage for personal care and service workers ($13.20 for calendar year 2016; $13.35 for calendar year 2017).
In total, I order that the defendant pay $172,354.18 in restitution to Additional Jane Doe 8.
Additional Jane Doe 14: $53,286.69
Jane Doe 14 [who is actually a well known Mexican actress] was a victim of forced labor conspiracy entitled to
$3,747.49 for past medical services,
$11,100 for past mental health care,
$26,700 for future mental health care.
uncompensated work $11,739.20.9
948 hours of time dedicated to her servitude in DOS
In total, I order that the defendant pay $53,286.69 in restitution to Additional Jane Doe 14.
Additional Jane Doe 15/Erika $59,720.25
Additional Jane Doe 15/Erika was a victim of forced labor conspiracy entitled to
$3,442.05 for past mental health care
$11,235.30 for attorneys’ fees.
uncompensated work $45,042.90.10
10 This includes 3,374 hours of time dedicated to her servitude in DOS
In total, I order that the defendant pay $59,720.25 in restitution to Additional Jane Doe 15.
Additional Jane Doe 25 Allison W. [Not Allison Mack]: $44,215.20.
Additional Jane Doe 25 was a victim of forced labor conspiracy entitled to
$8,543.80 in attorneys’ fees.
uncompensated work $44,215.20.11 [3,312 hours of time dedicated to her servitude in DOS]
In total, I order the defendant pay $52,759 in restitution to Additional Jane Doe 25.
Additional Jane Doe 30: Paloma: $71,320.45
Jane Doe 30 [victim of forced labor conspiracy entitled to
$6,719.80 for attorneys’ fees.
uncompensated work $64,600.65. [4,839 hours of time dedicated to her servitude in DOS]
In total, I order the defendant pay $71,320.45 in restitution to Additional Jane Doe 30.
Additional Jane Doe 35: $127,504.98
Additional Jane Doe 35 was a victim of a covered forced labor conspiracy offense entitled to
$45,000 for future mental health care
$15,252.30 for attorneys’ fees.
uncompensated work $67,252.68. [5,051. hours of time dedicated to her servitude in DOS]
Total $127,504.98 in restitution to Additional Jane Doe 35.
Kristin T. $94,215
Kristin T. [Not Kristin Keeffe and not Kristin Kreuk] was a victim of forced labor conspiracy entitled to
$1,020 for past mental health care
$54,375 for future mental health care
$12,226.80 for attorneys’ fees.
uncompensated work $26,593.20. [1,992 hours of time dedicated to her servitude in DOS]
$94,215 in restitution
.
Rachel: $49,748.10
Rachel was a victim of forced labor conspiracy entitled to
$12,261.30 for attorneys’ fees.
uncompensated work $37,486.80 [2,808 hours of time dedicated to her servitude in DOS]
In total, $49,748.10 in restitution to Rachel.
Mk10ART’s sketch of Camila.
Camila: $507,997.45
Jane Doe 2/Camila: The court found that Camila was a victim of Raniere’s racketeering and racketeering conspiracy offenses, because she is the victim of the predicate racketeering acts relating to child pornography.
The judge wrote, “Camila’s sworn affidavit describes how, when she was an underage girl, the Defendant induced her to submit to pornographic photography sessions by initiating and maintaining an extended sexual relationship with her. Her account corroborates evidence that was presented at trial, which made clear that Mr. Raniere’s commission of child pornography offenses occurred in the context of a sexual relationship that began when Camila was 15 years old. Her affidavit describes the physical pain, and subsequent bleeding, that she experienced during one of their initial sexual encounters. In light of the fact that she was a minor, the court finds that her experience of physical pain occasioned by unlawful sexual intercourse constitutes a ‘bodily injury’ within the meaning of the MVRA [Mandatory Victim Restitution Act]. Accordingly, Camila is statutorily entitled to recover the cost of past and future mental health care
proximately caused by the Defendant’s conduct.
“Camila also seeks nearly $100,000 in restitution for uncompensated work that she performed for organizations and events related to Nxivm, over a period spanning 2011 to 2017. In its May 21 decision, the court found as a general matter that uncompensated labor that was not directly related to a victim’s membership in DOS was beyond the scope of compensable losses under the MVRA. However, the court finds that in the case of Camila, there is a clear causal link between the offense of conviction and the victim’s performance of unpaid work. Camila’s sworn affidavit powerfully describes how Mr. Raniere’s sexual exploitation of her, from the time she was 15 years old, made her completely dependent on him, submissive to his whims and directions, and unable to form the independent judgment necessary to take ownership over her choices and time. The court therefore finds by a preponderance of the evidence that the offense of conviction was a proximate cause of Camila’s performance of unpaid work as a young adult in a continuing relationship with the predator who had abused her since her childhood.
Camila is entitled to:
$405,000 for future mental health care
$2,500 for removal of the DOS brand
$98,777.90 in compensation for unpaid work
This includes 5,380 hours as a childcare worker [she took care of Raniere’s son for some of these hours] $11.70-$13.15
400 hours as a recreation worker,
95 hours as a personal service work supervisor
1,200 hours as a personal care and service worker
$1,719.55 in expenses incurred in connection with her participation in the case [likely the cost of her travel to Brooklyn to speak at Raniere’s sentencing.].
Total: $507,997.45 in restitution to Camila.
Jane Doe 4/Daniela: $249,200
Daniela is a victim of Raniere’s racketeering and racketeering conspiracy, because she is the victim of the predicate racketeering act relating to document servitude and trafficking for labor and services.
The judge wrote, “While the Defendant kept Daniela confined to a room for almost two years, she repeatedly requested medical care for a toothache. The Defendant denied her requests for six weeks, and relented only after part of her tooth eventually broke off. On that basis, court finds that Mr. Raniere’s neglect and deprivation of medical care, which was one component of his document servitude of Daniela, caused her bodily injury within the meaning of the MVRA. Accordingly, Daniela is statutorily entitled to recover the cost of past and future
mental health care proximately caused by the Defendant’s conduct.
“Daniela is also entitled to recover for unpaid work that she performed in connection with the defendant’s trafficking of her for labor and services. Like lower-ranking members of DOS, she was expected to be ‘on call’ around the clock and to immediately perform any work assignments that were given to her. Accordingly, the Government reasonably approximates the value of her labor at $26.51 per hour, the mean hourly wage of an executive administrative assistant. The prosecution estimates that she performed 80 weekly hours of unpaid labor during the period of her confinement. On that basis, they estimate the value of her labor at $121,650. The court finds this figure to be a reasonable approximation of the Daniela’s losses for uncompensated labor.
“Accordingly, I find that Daniela is entitled to $121,650 for uncompensated labor and services. I also find that she is entitled to $127,600 for future mental health care. In total, I order that the Defendant pay $249,200.00 in restitution to Daniela.”
James Loperfido: $5,625
James Loperfido is a victim of Raniere’s racketeering and racketeering conspiracy offenses, because he is the victim of a predicate racketeering act relating to identity theft.
The judge wrote, “I find that Mr. Loperfido is entitled to $5,625, to compensate him for the costs associated with his participation with the Government’s investigation and as a trial witness. I order that the Defendant pay $5,625 in restitution to Mr. Loperfido.
Sutton Family: $250,000
The judge wrote, “The court finds that Stephanie Franco and the estates of Morris and Rochelle Sutton, referred to here as the Sutton Family, are victims, within the meaning of the MVRA, of Mr. Raniere’s racketeering and racketeering conspiracy offenses, because they are victims of the predicate racketeering act relating to a conspiracy to alter records for use in an official proceeding.
“The Sutton Family seeks over $2.8 million in restitution for the legal expenses they incurred fighting litigation brought by Mr. Raniere over the course of fifteen years: litigation in which Nxivm, at Mr. Raniere’s direction, fraudulently altered evidence.
The Government recommends that the court award them $250,000 for losses directly attributable to the unlawful alteration of evidence. This encompasses legal fees that the Sutton Family paid for their lawyers to review the altered videotapes, as well as legal fees for their lawyers’ preparation and filing of three summary judgment motions that concerned factual disputes that the unaltered videotapes would have resolved, according to the Sutton Family’s counsel.
“The court finds this to be a reasonable approximation of the losses caused to the Sutton Family by Raniere’s alteration of evidence.
“Accordingly, I order that the Defendant pay $250,000 in restitution to the Sutton Family.”
Conclusion
The judge concluded: “In total, I direct Mr. Raniere to pay restitution under the TVPA in the amount of $2,447,513.61, and to pay restitution under the MVRA in the amount of $1,012,822.45. In addition to this monetary restitution of approximately $3.46 million, I order Mr. Raniere under the MVRA to return to former DOS members all original and duplicate copies of their collateral – and, while such obligation is stayed, to preserve any original or duplicate copies of collateral that are within his dominion or control. I find that this is the mandatory restitution that Mr. Raniere owes under the relevant statutes.
“The only remaining issue is to determine the schedule of payments. This is the sole matter relating to restitution over which the court has discretion…. I direct that Mr. Raniere pay immediately the full amount of restitution owed to the 17 victims under the TVPA, as well as the restitution owed under the MVRA to Camila and Daniela.
“Mr. Raniere’s restitution obligations to Mr. Loperfido and the Sutton Family must be fulfilled subsequently, but within no less than twelve months from the date of this order. As noted previously, Mr. Raniere’s obligation to return collateral to DOS victims is stayed until the exhaustion of his appellate rights on direct appeal.
“Finally, I direct the Government to provide to the court within 30 days a proposed order of restitution that is consistent with the decisions set forth at the proceeding. The judgment of conviction will be amended to include this order of restitution. The Defendant has a right to appeal this modification of his sentence.”
***
As for payment to victims, this is well and good and proper and fair and quite a refined nicety – except for potentially one problem. As it stands now, Raniere may not have the money to pay anyone for a long time.
While he did inherit the Pam Cafritz estate – which was estimated to be some $8 million – those funds are tied up in IRS entanglements and he may or may not have access to the money for some time. If he has some money buried or hidden somewhere, as some suspect he does, he may not choose to access it for the payment to women he argues are not his victims.
There is not much the court can do if he does not have the money to pay restitution.
There is, however, $6 million that Clare Bronfman put up fin lieu of forfeiting any of her other assets – and that money may be available for restitution. We will follow this matter more fully to see if anyone gets paid and, if they do, how soon that occurs.
