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personpersonMoira Kim PenzaMoira Kim PenzaAssistant United States Attorney for the Eastern District of New York.← All People
Prosecution

Moira Kim Penza

Assistant United States Attorney for the Eastern District of New York.

7,343 lines·104 proceedings

About

Moira Kim Penza presented prosecution testimony linking DOS obligations and threatened collateral release to sexual conduct and unpaid work. Through Sylvie and Nicole, she developed accounts of recruitment, dependency, sexual assignments, and difficulty leaving. She elicited explanations for affectionate messages and positive journal entries rather than treating those writings as self-explanatory. Sylvie also acknowledged deleting messages. Nicole's redirect addressed permission requirements and unreturned collateral, while her direct examination included unsigned collateral contracts and her request to recover the material.

Penza's examination of Daniela traced unpaid work, immigration dependency, hacking at Raniere's direction, and restrictions culminating in nearly two years of room isolation. Daniela acknowledged that the door was unlocked but described fear of leaving. Letters and electronic records accompanied testimony about her departure and recovery of identification. On redirect, Penza asked why she cooperated; Daniela said she acted voluntarily and received no government promises. Through Elizabeth Butler, Penza established the treatment relevance of counseling, abuse screening, and sexual-history entries before offering medical records. Butler's account of Cafritz's complaint about screening remained subject to a limiting instruction and uncertainty about the patient's identity.

Penza also developed documentary foundations for the prosecution's account. With Charles Fontanelli, she examined property records and connected seized cash to search photographs, currency bags, count forms, and deposit records. Through Sean Welch, she authenticated restraint-product orders, distinguishing a shipped order from a canceled one. Her redirect focused on advance knowledge, consent, and the ability to stop; the court overruled a defense scope objection. Brian Harrington authenticated Yahoo account materials and subscriber records.

Through Michael Weniger, Penza connected banking searches, financial records, and DOS correspondence to Raniere. Weniger qualified the reliability of the banking information and explained his dating of Camila's photographs through surgery records and scar comparisons. The court granted Penza's request to show jurors two photographs with redaction tape. On redirect, Weniger linked banking information to Raniere but said he had no evidence of the alleged conspiracy among critics.

Penza defended protected-name procedures and proposed a naming guide and curative instruction. The court denied the defense's naming-related mistrial request and required an explanatory instruction. She opposed an immediate limiting instruction for certain DOS statements, but the court required individualized instructions. During Nicole's cross-examination, Penza raised hearsay and authentication objections to proposed message evidence. The court reserved impeachment rulings question by question and later permitted specific recollection-refreshing questions without admitting the entire Telegram screenshot collection. At the charge conference, Penza opposed declaring the legal-fee trust arrangement wholly proper. The court rejected that blanket assurance and limited consideration of the trust to evidence of an enterprise.

In closing on Day 26, Penza asked for guilty findings on all counts, arguing that secrecy, surveillance, financial dependency, and DOS collateral connected the alleged enterprise to the charged offenses. She reviewed Daniela's confinement, alleged hacking, altered litigation videotapes, use of Pam Cafritz's accounts after her death, and evidence concerning Camila. She acknowledged Lauren Salzman's hope for sentencing leniency while emphasizing corroboration, and addressed Nicole's alleged sex trafficking and the attempted sex trafficking of Jay. Her conclusions were prosecution advocacy, and she expressly deferred to the judge's legal instructions.

Trial Record (104)

2019 Trial2019 Federal TrialMay 7, 2019 – Oct 27, 2020

Moira Kim Penza examined prosecution witnesses about DOS collateral, sexual coercion, Daniela's isolation, and financial and electronic evidence. In closing, she argued that these accounts and records established Raniere's criminal enterprise and asked jurors to find him guilty on all counts.

Day 1

Day 2

RedirectSylvie β€” RedirectSylvieMoira Kim Penza1highlight55lines spoken

Summary

Sylvie contextualized WhatsApp messages through DOS expectations, acknowledged deleting her messages, and described restrictions on intimacy and her marriage after leaving NXIVM.

Highlights (1)

rulingAt sidebar, Agnifilo objected that a Post-it marked deletion could suggest an answer to the witness. Penza said she had not realized it was visible, and the court directed that it be kept off the exhibit.Open in transcript →

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ProceduralImpeachment Materials and Hearsay Limits for Nicole’s Cross-Examination1highlight8lines spoken

Summary

Counsel disputed advance disclosure and hearsay limits for Nicole's cross-examination. The court said it would decide impeachment objections question by question.

Highlights (1)

confrontationPenza argued that reading affectionate messages would not impeach testimony Nicole had already given and accused the defense of seeking to embarrass her. Agnifilo objected to that characterization and said his purpose was to establish what the relationship was like at the time.Open in transcript →
RedirectNicole β€” RedirectNicoleMoira Kim Penza1highlight31lines spoken

Summary

Nicole described recruitment pressure, permission requirements, and unreturned collateral, and linked sex with the defendant to his grand master role. Counsel separately agreed on handling proposed device documents.

Highlights (1)

testimony highlightNicole described Keith's criticism and permission requirements. After the defense challenged leading questions and the judge directed Penza not to lead, Nicole explained that both Allison and Keith approved her haircut, although she could not remember who asked Keith.Open in transcript →

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