Stephen Herbits

Stephen Herbits testified for the prosecution on Day 7 about requests from Sarah and Clare Bronfman for help with NXIVM's reputation and disputes before a planned Dalai Lama visit. A longtime associate of Edgar Bronfman, he said he refused requests to contact prosecutors and the Albany Times Union publisher, recommending public relations work instead. His testimony addressed efforts to bring prosecutorial and media pressure to bear on NXIVM's critics.

Six email exhibits were admitted without objection, including communications about seeking charges against Rick Ross and Joseph O'Hara. Herbits described assistance requests continuing without information he needed and explained his resistance to them. After the defense raised possible privilege over his advice memo, the court permitted questioning on the stated basis that it had reached third parties and Clare had asserted no privilege over it.

On cross-examination, Marc Agnifilo tested Herbits's knowledge of litigation and the Bronfman family relationships. Herbits denied conveying property instructions to Frank Parlato, qualified his recollections, and said he had never read the Rick Ross lawsuits. He distinguished seeing Clare at Edgar's home earlier on the day Edgar died from knowing whether she was there at his death. He also confirmed that he had never met Raniere.

On redirect, Herbits said he withdrew from dealings he considered improper while retaining trust responsibilities. He recounted concerns expressed by Edgar's sons about visits as Edgar declined, but declined to assess Clare's mental state. On recross, he rejected the defense's characterization that he begrudged a daughter time with her father, maintained that the pace and content of visits had changed, and acknowledged that he did not know Clare's motives.