Richard Luthmann is a disbarred attorney who met Keith Raniere at the Metropolitan Detention Center in Brooklyn when both were serving time there.
Like she did Raniere, Moira Kim Penza prosecuted Luthmann.
Once known as “The Bow Tie Barrister,” Luthmann made a name for himself when he challenged foes in a lawsuit to a duel.
Attorney Richard Chusid’s clients accused Luthmann of helping his client fraudulently transfer assets. Luthmann asked a judge to sanction a trial by combat to resolve the civil suit.
“The allegations made by plaintiffs, aided and abetted by their counsel, border upon the criminal,” Luthmann wrote in a brief. “As such, the undersigned (Luthmann) respectfully requests that the court permit the undersigned to dispatch plaintiffs and their counsel to the Divine Providence of the Maker for Him to exact His divine judgment once the undersigned has released the souls of the plaintiffs and their counsel from their corporeal bodies, personally and or by way of a champion.”
The United States or New York never outlawed trial by combat, Luthmann said.
“The whole thing, in my mind, could be settled in a matter of minutes if the court would sanction a judicial duel or trial by combat. I have a good-faith belief that this is still part of our state constitution.”
Despite his legal arguments and the precedent it might set to clear up clogged court calendars, the judge did not grant Luthmann’s request.
“I believe that the court’s ruling is based upon my adversaries’ unequivocal statement that they would not fight me,” Luthmann told Staten Island Live. “Under my reading of the law, the other side has forfeited because they have not met the call of battle. They have declared themselves as cowards in the face of my honorable challenge, and I should go to inquest on my claims.”
Not long after his failed bid for a duel, New York State indicted Luthmann on an unrelated matter.
Special prosecutor Eric Nelson said Luthmann set up bogus Facebook pages impersonating Republican Assembly candidate Janine Materna, Councilwoman Debi Rose (D-North Shore), and John Gulino, the Staten Island Democratic Party chairman.
Luthmann said the special prosecutor lied. He called him “the Special Schmuck.”
Luthmann wrote, “The Special Schmuck could lie, cheat, steal, defraud, and defame – and he did all of these things.”
Under the 17-count indictment, the state charged Luthmann with falsifying business records, identity theft, criminal impersonation, election law violations, stalking, and falsely reporting an incident to the NYPD.
Then things got worse.
The FBI arrested Luthmann on kidnapping, kidnapping conspiracy, money laundering, brandishing a firearm to commit a crime, aggravated identity theft, and extortion conspiracy.
In March 2019, Luthmann pleaded guilty in Brooklyn federal court to one count each of wire-fraud conspiracy and extortion conspiracy.
The plea stemmed from a scheme in which Luthmann arranged to ship junk material to overseas clients who contracted for valuable scrap metals.
At Luthmann’s sentencing in September 2019, Brooklyn federal court Judge Jack Weinstein said Luthmann was “promising good copper scrap and just sprinkling a little of that good copper scrap over cement and nonsense material.”
Luthmann also admitted to participating in a conspiracy stemming from a 2016 incident where a gun was brandished to settle a business debt.
Judge Weinstein sentenced Luthmann to a four-year federal prison sentence.
In October 2019, Luthmann pleaded guilty to three felony charges in NYS Supreme Court in the phony Facebook account case.
The judge sentenced Luthmann to time served on those convictions. Luthmann also pleaded guilty to two misdemeanor election-law charges. And a grand larceny charge stemming from a dispute with a client in an unrelated real-estate deal.
Luthmann completed his prison sentence in 2021 and now lives in Florida. He is fighting his convictions and attempting to prove that prosecutors cheated to get him indicted and convicted.
With that background, let us proceed to an article Luthmann submitted for Frank Report readers for their delectation, and evaluation.
DIRTY FEDS: FBI and Lead Prosecutor in Luthmann’s Case Implicated in Serious Misconduct
By Richard Luthmann
New and shocking evidence shows that Our Hero Luthmann may have yet another case overturned.
By way of background, Luthmann was housed in the Brooklyn MDC at the same time as NXIVM leader Keith Raniere was there. Luthmann and Raniere had several conversations, many about the FBI and shared lead prosecutrix, Moira Kim Penza, formerly of the U.S. Attorney’s Office for the Eastern District of New York.
Now, explosive new revelations by Dr. Richard Kiper, a 20-year veteran of the FBI, claim evidence tampering by the Feds in the notorious NXIVM case. Dr. Kiper believes that the public may lose trust in the FBI and the DOJ.
“I would say this is historical, at least in the history that I know of the FBI, this type of tampering has never been done to my knowledge.” – Dr. Richard Kiper, 20-year FBI veteran.
A former FBI forensic computer examiner, Dr. Kiper believes evidence was tampered with, as agents were under pressure to ensure they “got their man.”
Dr. Kiper believes the FBI made a “concerted effort” to tamper with evidence to get a conviction.
“I would say this is historical, at least in the history that I know of the FBI, this type of tampering has never been done to my knowledge,” Dr. Kiper said.
“If we don’t have due process for people that we don’t like, then we don’t have a system of justice.” Dr. Kiper continued, “People will lose their trust in the FBI.“
In the case of Strickler v. Greene, the United States Supreme Court spoke about the special role of the Federal Prosecutor and the search for truth, saying:
A United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in a criminal prosecution is not that the sovereignty shall win a case, but that justice shall be done. 527 U.S. 263, 265, 119 S. Ct. 1936, 1941 (1999).
Moreover, in Berger v. United States, the US Supreme Court spoke of the Federal Prosecutor’s duty to act within the bounds of the law and ensure justice is done:
The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor — indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.
Additionally, it has been the applicable law for some time that a prosecutor is presumed to have knowledge of information gathered in his own office’s investigation. United States v. Avellino, 136 F.3d 249, 255 (2d Cir. 1998); United States v. Payne, 63 F.3d 1200, 1208 (2d Cir. 1995).
How could such serious governmental and prosecutorial misconduct have occurred under the watch of the Lead Prosecutrix, Moira Kim Penza?
Dr. Kiper gives us an answer:
I know that in the FBI, there is a lot of motivation, a lot of incentive to get your man.
I know that because we have incentive awards, we have on the spot of awards, special achievement awards, quality step increases, which is sort of like a promotion within a grade, which gets you more money…. so there are a lot of incentives…
You put this [case] on your resume, you can write to it, and then you can get promoted up the line…
I didn’t know anything about Mr. Raniere or the organization but it seems to me looking back over some of the press that he received, none of it was positive.
So this is a person that a lot of people did not like, but that does not excuse the FBI from taking proactive steps to manipulate evidence or use manipulated evidence and misrepresenting its reliability in order in order to achieve a conviction.
“If we don’t have due process for people that we don’t like, then we don’t have a system of justice.
So everyone from the top-on-down in today’s DOJ and FBI has an incentive to “get their man” at all costs – without regard to justice. Today’s DOJ and FBI are a far cry from the days when Robert H. Jackson was at the helm. The obligation to see justice done and not to use the phenomenal force of the Federal Government to strike foul blows has all but gone from the considerations or practice of the DOJ and the FBI in its current formulation.
Dr. Kiper’s claims that “resume building” appears to trump the legal and ethical obligations of AUSAs and Special Agents are confirmed in the NXIVM and Luthmann cases.
Shortly after both cases were resolved, Lead Prosecutrix Moira Kim Penza “cashed in” and jumped ship to the Wilkinson Stekloff law firm, where she was made a Partner.
The Wilkinson Stekloff law firm’s press release specifically referenced Prosecutrix Penza’s famous (and perhaps now infamous) conduct in the NXIVM case:
Most recently, Moira spearheaded the successful investigation and trial of Keith Raniere, the leader of a purported self-help organization called “Nxivm.” In a groundbreaking prosecution, Raniere and his co-defendants were charged with racketeering and racketeering conspiracy, involving an array of crimes including child exploitation, sex trafficking, forced labor, identity theft, extortion, money laundering, wire fraud and obstruction of justice, as well as stand-alone counts of sex trafficking and other crimes. Following a six-week trial, where Moira served as first chair for the government, Raniere was convicted of all charges.
That’s one hell of a resume booster. And it appears to have been supported by Prosecutrix Penza’s “foul blows” – the type that Justice Jackson and the United States Supreme Court have warned against.
The type of “foul blows” that are anathema to due process and the appearance of a fair system of justice. The types of “foul blows” that have large swaths of the American public calling for the DOJ and the FBI to be investigated and defunded.
Moira Kim Penza was the Lead Prosecutrix in both Luthmann’s case and the NXIVM case, where there are serious accusations of Governmental and Prosecutorial Misconduct corroborated by a 20-year veteran of the FBI. Penza is a partner at the Wilkinson Stekloff law firm, where she “cashed in” as a partner after the NXIVM and Luthmann cases.
Penza is a registered Democrat and has her eyes on a Federal Judgeship. Penza is also a dominatrix in her spare time. She is sexually stimulated by causing pain to men, something the U.S. Attorney’s Office for the Eastern District of New York apparently knew at the time of her employment and the Luthmann and NXIVM prosecutions, Luthmann alleges. One of the first things Penza did in private practice was sue Donald Trump.
Additionally, the politicized nature of both the Luthmann and NXIVM cases totally destroyed any semblance of appearance that the United States Attorney’s Office for the Eastern District of New York was not working as the enforcement arm of the Democrat Party.
Prosecutrix Penza is a registered Democrat and clearly has her eyes on a federal judgeship.
The price of serving her political masters was a “Get Them At All Costs” prosecutorial strategy, which apparently violated the law and ethical rules.
And who are Prosecutrix Penza and her Crooked Special Agents’ political masters?
Look at Luthmann and Raniere’s common enemies, and it’s not hard to figure out. (Bill Clinton IS a rapist, BTW. No one goes to the barbershop 23 times and doesn’t get their hair cut. Bubba went to Epstein Island 23 times – that we know about).
