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2019 Federal TrialtranscripttranscriptMark Vicente — Direct (Part 1) - Day 2 - 2019 Federal TrialMark Vicente began direct testimony about his recruitment into NXIVM, its organizational structure, and the teachings and practices he encountered during his first intensive.
Mark LeskoMoira Kim PenzaMarc AgnifiloPaul DerOhannesian IINicholas G. GaraufisMark VicenteMR. AGNIFILOTHE COURTMR. LESKOMS. PENZACourt ClerkMark VicenteMR. DerOHANNESIANsidebarproceduraldirect
6 pages·2 witnesses·2,663 lines
The court denied a mistrial over protected names and instructed jurors against drawing inferences from withheld surnames. Sylvie completed testimony about DOS, collateral, and her communications with Raniere under defense questioning. Mark Vicente began describing NXIVM's recruitment, organization, and teachings.
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Protected-Name List and Mark Vicente Preparation
sidebarsidebarProtected-Name List and Mark Vicente Preparation

(Sidebar conference.)

(Continued on the next page.)

MR. AGNIFILO: This is the exhibit list.

THE COURT: Am I here?

MR. LESKO: Your Honor, we just wanted some guidance in terms of we've created a cheat sheet of names.

THE COURT: Please don't call it a cheat sheet.

MR. AGNIFILO: That's fine. Cheat sheet is good.

MR. LESKO: A guide.

MR. AGNIFILO: Thanks. Cheat sheet for the witness.

MS. PENZA: That was my fault, Your Honor, I'm sorry.

THE COURT: I know it is.

You have a list of names?

THE COURT: A list, L-I-S-T. All right. And what is this list of names of.

MR. LESKO: This is the list of names pursuant to the Court's direction, first names that would be used for victims as well as three individuals who will be referred to by nicknames and we've marked this as Government's 353.

THE COURT: Subject to your objection, right?

MR. AGNIFILO: How do I maintain a record and be decent and polite at the same time? Yes, subject to my objection.

THE COURT: You have a right to make your objection --

MR. AGNIFILO: I know I do, Judge.

THE COURT: -- I respect your role as defense --

MR. AGNIFILO: Thank you.

THE COURT: -- counsel, and so go for it.

You object.

MR. AGNIFILO: I respectfully object.

THE COURT: Your objection is noted.

MR. AGNIFILO: Thank you, Judge.

MR. LESKO: Thank you, Judge.

THE COURT: I just want to know if it's accurate, I'm not asking whether it's okay.

MR. LESKO: We believe it's accurate, yes.

THE COURT: There's nothing about it that appears to be inaccurate?

THE COURT: Okay. Government Exhibit 353 will be shown to government witnesses and you may advise your witnesses of it and its availability.

MR. LESKO: Your Honor, may we place the original at the table in front of the witness?

MR. LESKO: Thank you.

THE COURT: Otherwise unless they've got a photographic memory it would be a problem, wouldn't it?

MR. LESKO: It would.

THE COURT: What's next?

MR. LESKO: That's it.

THE COURT: Now you're going to introduce some evidence.

MR. LESKO: Correct. I'll list a number of photographs.

THE COURT: Then the next witness is?

MR. LESKO: Mark Vicente. He'll be long.

THE COURT: And what is his -- what will he be testifying about?

MR. LESKO: Pretty much all aspects of the enterprise, very personal relationship with the defendant, was involved in one of the --

THE COURT: I see. Who is going to be questioning him on direct?

MR. LESKO: I will be.

THE COURT: Let's go for it. Thank you.

MR. AGNIFILO: Thank you, Judge.

ProceduralProc.Consent Admission of Government Exhibits and Call of Mark Vicente

(End of sidebar conference.)

(Continued on the next page.)

(In open court.)

THE COURT: Mr. Lesko.

MR. LESKO: Your Honor, the government calls Mark Vicente.

THE COURT: Did you want to introduce evidence first?

MR. LESKO: Oh, yes. Your Honor, on consent we offer into evidence the following Government Exhibits: 2, 3, 4, 5, 6, 8, 12, 13, 14, 15, 16, 17, 19, 20, 24, 26, 31, 32, 33, 34, 36, 39, 45, 46, 47, 48, 49, 50, 51, 53, 54, 56, 30, 28, 55, 132, 133, 118, 120, 121, 122, 123, 123A, 115, 116, 117, 142, 104, 112, 111, 110, 105, 108, 157, 159, 165, 166, 164, 170, 169, 167, 136, 150, 151, 152, 101, 103, 156, 172, and 173.

MR. AGNIFILO: We agree all that can come into evidence to make things easier.

THE COURT: Without objection those exhibits are introduced in evidence and if you can provide me with a written copy of what you just read, it will be helpful to me on the bench.

(Government's Exhibit 2, 3, 4, 5, 6, 8, 12, 13, 14, 15, 16, 17, 19, 20, 24, 26, 31, 32, 33, 34, 36, 39, 45, 46, 47, 48, 49, 50, 51, 53, 54, 56, 30, 28, 55, 132, 133, 118, 120, 121, 122, 123, 123A, 115, 116, 117, 142, 104, 112, 111, 110, 105, 108, 157, 159, 165, 166, 164, 170, 169, 167, 136, 150, 151, 152, 101, 103, 156, 172, and 173 received in evidence.)

MR. LESKO: Yes, Your Honor.

THE COURT: You may call your next witness.

DirectDirectMark Vicente — Direct Mark Vicente Mark Lesko

MR. LESKO: Thank you. The government calls Mark Vicente.

COURT CLERK: Sir, please raise your right hand.

(Witness sworn.)

MARK ANTHONY VICENTE, called as a witness, having been first duly sworn/affirmed, was examined and testified as follows:

COURT CLERK: Please have a seat. Please state and spell your full name for the record.

MARK VICENTE: Mark Anthony Vicente.

COURT CLERK: Spell your last name.

MARK VICENTE: V-I-C-E-N-T-E.

THE COURT: You may inquire.

MR. LESKO: Thank you, Your Honor.

DIRECT EXAMINATION BY MR. LESKO:

MR. LESKO: Good afternoon.

MARK VICENTE: Good afternoon.

MR. LESKO: What's your name?

MARK VICENTE: Mark Vicente.

MR. LESKO: Mark Vicente. You just said it.

MR. LESKO: How old are you?

MARK VICENTE: Fifty-three years old.

MR. LESKO: Where were you born?

MARK VICENTE: Johannesburg, South Africa.

MR. LESKO: Could you describe growing up in South Africa.

MARK VICENTE: I was born in 1965. I spent my early schooling years there. I traveled a great deal, Canada, Brazil, Portugal. I ended up going to university in Johannesburg, I went to a film and drama school. This was during apartheid era, so I became pretty active in politics, you know, making films about what was going on at the time and then worked way up the film industry for a number of years, then finally in the early '90s moved to the U.S.

MR. LESKO: So are you a citizen of multiple countries?

MARK VICENTE: I am a citizen of the U.S. and of Portugal.

MR. LESKO: And you've alluded to it, but what is your profession?

MARK VICENTE: Film maker.

MR. LESKO: What made you become a film maker?

MARK VICENTE: I saw a number of things in my country when I was young that disturbed me greatly. It was a very difficult time, apartheid era. I felt as a young child that something needed to happen, I had no idea what I would do. And then when I was pretty young I saw a film that moved me very deeply. Funny enough, Star Wars and I decided that this was the method I would try and use to express what I wanted to express, which is basically I didn't think it was necessary for people to be killing each other. I grew up in a family that was very much on the side of very oppressive government at the time, and I decided that I would make films to somehow get my ideas out, which were basically at that time anti-apartheid humanitarian ideas.

MR. LESKO: How long have you been film maker or film producer?

MARK VICENTE: Since 1986.

MR. LESKO: And what types of films have you made?

MARK VICENTE: So my early career was -- when I first began was feature films, then music videos, some documentaries and for many years I was a cinematographer shooting, you know, feature films, then when I came to the U.S. I continued that. It's been a mixture of commercials, feature films, then more recently documentaries.

MR. LESKO: Is there a particular documentary that received a significant amount of attention or notoriety that you made?

MARK VICENTE: Yes. In 2004, myself and my producers released a film called, What the Bleep Do We Know.

THE COURT: I'm sorry, what is it.

MARK VICENTE: What the Bleep Do We Know.

THE COURT: What the bleep --

MARK VICENTE: Bleep as opposed to the --

THE COURT: I understand.

MARK VICENTE: Yeah. That was the politically correct name.

That came out in 2004 and I began touring and, yes, the film got a lot of attention, we got a lot of attention. We began making a second film. We began writing a book about it, but, yes, we got a lot of acclaim.

MR. LESKO: What was that film about?

MARK VICENTE: It was about pseudo-quantum mechanics, neurobiology, the biology of emotions. It had to do with a certain amount of science and also we did a lot of cartoon animation about what happens in the brain and body. And there was a narrative portion as well. Marlee Maitlan played the main role. And there was a what narrative role to explain the journey of the character to some kind of awareness.

MR. LESKO: Where do you currently reside?

MARK VICENTE: Los Angeles, California.

MR. LESKO: Are you married?

MR. LESKO: What's your wife's name?

MARK VICENTE: Bonnie Piesse.

MR. LESKO: When did you and Bonnie get married?

MARK VICENTE: We got married, I believe it was June 2011.

MR. LESKO: Where were you married?

MARK VICENTE: In Half Moon, New York.

MR. LESKO: Where did you meet Bonnie?

MARK VICENTE: I met Bonnie via a mutual friend, her name was Nicky. She introduced us a few years before and we kept in touch and then finally we were in touch a lot more, then we finally got married -- we actually -- she actually joined the organization that we're going to talk about.

MR. LESKO: And what's the name of that organization?

MARK VICENTE: Nxivm or Executive Success Programs.

MR. LESKO: Did you try to get her to join Nxivm?

MARK VICENTE: I did actually for a number of years.

MR. LESKO: What is your wife's profession?

MARK VICENTE: My wife is a singer and an actress.

MR. LESKO: How is Nxivm spelled?

MARK VICENTE: N-X-I-V-M.

MR. LESKO: Just to clear up an issue, is there a drug called Nexium?

MARK VICENTE: There is a drug. I think it's N-E-X-I-U-M, I think.

MR. LESKO: Does that drug have any connection to the organization Nxivm that you mentioned?

MARK VICENTE: I don't believe so.

MR. LESKO: When did you first become aware of Nxivm?

MARK VICENTE: I received a letter -- once the film What the Bleep came out, you know, I was receiving a lot of letters and invitations to all kinds of things and I think it was towards the end of 2004, perhaps 2005, I received a letter from Nancy Salzman and Barbara Bouchey inviting myself and the other producers to some kind of a symposium with a number of scientists who I admired greatly, so I decided to respond. And I called and I think I spoke to Barbara Bouchey and we had a chat and they both wanted to meet me. And so they were -- I think they were flying to LA, I met them in Los Angeles and we began our conversations about the organization.

MR. LESKO: Who specifically did you meet in Los Angeles?

MARK VICENTE: I met Nancy Salzman and Barbara Bouchey.

MR. LESKO: Where did you meet?

MARK VICENTE: It was a Beverly Hills hotel and I can't remember the exact hotel right now.

MR. LESKO: I'm going to show you Government 6 for identification.

Your Honor, if we could --

THE COURT: Government 6 is in evidence, is it not?

MR. LESKO: Right, it is.

MARK VICENTE: That's Barbara Bouchey.

MR. LESKO: My first time here so I'm getting this.

MR. LESKO: That's Barbara Bouchey?

THE COURT: You can pull it back, you know.

MARK VICENTE: That is Barbara Bouchey, yes.

THE COURT: There you go.

MR. LESKO: I'll try to get better as we go along.

MR. LESKO: That is Barbara Bouchey?

MARK VICENTE: That is, yes.

MR. LESKO: I'm showing you Government's 51.

MARK VICENTE: That is Nancy Salzman.

MR. LESKO: So when you're meeting with Barbara Bouchey and Nancy Salzman, what did you discuss?

MARK VICENTE: They wanted to talk to me about my film and they said basically we love your film, we think that many of the things you hypothesize in your film we actually know how to do. We know how to sort of hack the human behavior equation, we have this incredible mentor that you should definitely meet, he's a scientist, mathematician, an incredible human being and, you know, we'd love you to come at some point, maybe as soon as tomorrow kind of thing, and I said, well, I'm a little busy right now, but let's definitely keep the doors open and keep talking. But the idea was to try to get me to come to Albany so I could see what their methodology was.

MR. LESKO: Did they describe the methodology?

MARK VICENTE: To some degree they did. I don't think I understood at that point. They described to me that they had this unique patented method of getting into the -- I'm not sure how to describe it. My recollection is getting into your subconscious and being able to help people make the changes they ordinarily were not able to make usually in a very quick amount of time and it was a completely scientific method as well, completely measurable.

MR. LESKO: Did you meet them again?

MARK VICENTE: I met Nancy Salzman and -- a few weeks later. I didn't meet Barbara Bouchey until much later. I met Nancy Salzman and Sara Bronfman a few weeks later after that first meeting.

MR. LESKO: Where did you meet them?

MARK VICENTE: They had called me, I believe Nancy Salzman called me and said to me, you know, we would love to meet some of the scientists that are in your film, do you think it would be okay if we flew to -- at that point I was living in Ashland, Oregon. Do you think it would be okay if we flew to Ashland, picked you up and we flew, you know, all over the place and we met some of these scientists. And I said that sounds great.

I began calling a lot of the scientists and, you know, we sort of created a plan of where we would go and a few -- I think it was a week later they landed in Ashland, Oregon to pick me up and we flew all over the place for a number of days.

MR. LESKO: Who landed in Oregon --

THE COURT: They landed in Ashland, Oregon?

MARK VICENTE: In the airport in Medford, Oregon.

THE COURT: Medford, Oregon.

MARK VICENTE: Medford, Oregon.

THE COURT: You were producing shows in Ashland, Oregon at the time?

MARK VICENTE: I was just living there. It was a community of, I thought, like-minded people. I was spending time there.

THE COURT: All right, go ahead.

BY MR. LESKO:

MR. LESKO: Who picked you up in Ashland or Medford, Oregon?

MARK VICENTE: That's funny, I actually went to the normal terminal and thinking that that's where we were going to go and they said, no, no, we have a private jet so you'll be going, you know, to where the private jets land. So the jet landed, and it was Sara Bronfman and Nancy Salzman that met me there. And shortly after that we took off and I believe we went to University of Oregon first, I think.

MR. LESKO: Whose jet was it? Who owned the jet?

MARK VICENTE: My understanding is the jet belonged to Clare and Sara Bronfman, I think they co-owned the jet. It was one of those -- I mean it was a Lear -- you know, I think it had 12 seats, twin engine type Learjet.

MR. LESKO: Can you approximate the year that this happened, the first trip?

MARK VICENTE: I think it was around 2005.

(Continued on the next page.)

DIRECT EXAMINATION (Cont'd.) BY MR. LESKO:

MR. LESKO: Showing you Government's 8, do you recognize that photograph?

MARK VICENTE: That is Clare Bronfman.

MR. LESKO: So, did you, in fact, travel and meet with scientists on the Bronfman private jet?

MARK VICENTE: I did, I don't remember the number of days but we flew to a number of different places to meet a whole host of the scientists that were in my film.

MR. LESKO: And did you have discussions or did you overhear discussions with those scientists and Nancy Salzman?

MARK VICENTE: I mean we spent a good amount of time together and Nancy Salzman was trying to explain to each of them what this unique methodology was. She was also trying to, you know, do it on me as well. I didn't understand what it was at first but I was having a number of awarenesses and she was also at times using me as sort of a Guinea pig to demonstrate to the scientists what the methodology was, but we had a number of discussions about many things.

We also discussed film projects. They wanted to know what I wanted to do with my life and the kind of films I wanted to make and they discussed that the organization they worked for had, you know, tremendous resources, that they could possibly help me with some of the projects I wanted to make but they really thought it would be good if I could come to Albany and meet their mentor and discuss these things further.

MR. LESKO: These trips to visit the scientists, was there one flight or was it a series of flights to multiple destinations?

MARK VICENTE: It was a series of flights to multiple destinations.

MR. LESKO: After those series of flights did you fly on the Bronfman private jet again?

MARK VICENTE: I did a number of other times over the years, I believe they eventually sold the jet sometime between -- before 2010 but I did take a number of flights I believe to Seattle, to Mexico, to Los Angeles a few times.

MR. LESKO: During these discussions did anyone use the term "exploration of meanings"?

MARK VICENTE: Yes, they talked about the term and I wasn't quite clear exactly what it was yet but they did discuss it a number of times and Nancy Salzman was demonstrating it with me. You know, she at one point, for instance, she decided -- we were having lunch somewhere and my girlfriend at the time had some kind of a dairy allergy and Nancy Salzman said, oh, I can fix that very easily. She began having a conversation with my girlfriend at the time and I had no idea what was going on but the conversation became very deep, my girlfriend became very tearful and Nancy said, well, I think you're done now, I think it's going to be fine, don't drink any dairy or don't eat any dairy for like a day but I think it's gone. And I was pretty impressed with that because, you know, a day later my girlfriend did actually try some cheese and she didn't have the reaction she had always had. I was like, okay, they're definitely on to something.

MR. LESKO: Was the term "executive success program" used?

MARK VICENTE: Yes, it was.

MR. LESKO: Who used that term?

MARK VICENTE: Both Nancy Salzman and Sara Bronfman used that term.

MR. LESKO: And how was that term used?

MARK VICENTE: That was sort of the company they kept on talking about, I don't recall if they used the word NXIVM so much but they did talk about executive success programs and I remember because they said ESP, I said ESP like ESP, extra sensory perception, and I thought that was just a funny joke. They said, no, no, executive success programs.

MR. LESKO: Did they mention the name -- when you said they mentioned the name, did they mention the name Keith Raniere during these meetings?

MARK VICENTE: They did, they did, they used his name and also they talked about him as their mentor.

MR. LESKO: And did they describe him at all?

MARK VICENTE: They described him as, you know, a unique individual. You know, they said to me that he was one of the top three problem solvers in the world, he had one of the highest IQs ever scored in history, concert level pianist, judo champion, incredible human being, he sort of unlocked the keys to the human condition. They spoke about him quite a lot.

MR. LESKO: Did they indicate that Mr. Raniere had a background in mathematics?

MARK VICENTE: They did. In fact, I think they said that he had majors in mathematics, physics -- mathematics and physics and there were minors in, I think they said psychology, biology. I think there was also majors in computer science I believe.

MR. LESKO: Did they indicate the position that Mr. Raniere had in their organization?

MARK VICENTE: At that point I think they just described him as the founder and as, you know, the philosopher behind the entire company.

MR. LESKO: Did you later come to know Mr. Raniere?

MR. LESKO: I'd like to have you look around the courtroom and let us know if you see Mr. Raniere here today.

MARK VICENTE: Over there (indicating.)

MR. LESKO: Could you describe an article of clothing that Mr. Raniere is wearing?

MARK VICENTE: He's wearing a white shirt, blue sweater and glasses.

THE COURT: All right. Let the record indicate that the witness has identified the defendant.

MR. LESKO: Thank you, Your Honor.

MR. LESKO: I'm going to show you Government's 46. Do you recognize that photograph?

MARK VICENTE: Yes, that is Keith Raniere.

MR. LESKO: Now, we've been discussing Nancy Salzman and Keith Raniere. I'd like to show you Government's 203.

Do you recognize Government's 203?

MR. LESKO: What is that?

MARK VICENTE: That's a photograph of Nancy Salzman that was taken by a photographer I believe named Kathy Pinsky and it was hanging in the headquarters at 455 New Karner Road.

MR. LESKO: And that was the headquarters of what?

MARK VICENTE: The headquarters of NXIVM ESP.

THE COURT: That's located in what town?

MARK VICENTE: That is in -- I think it's in Latham.

THE COURT: Latham, New York?

MARK VICENTE: Latham, New York, correct.

MR. LESKO: What was Nancy Salzman's role in the company, in NXIVM?

MARK VICENTE: Her -- she was considered the CEO of the company, she had a title, her name was Prefect, that was the title she was given. She was at that point when I came, you know, seen as the head of education. She would take all of Keith Raniere's philosophical ideas and working with him she would create an educational model out of it with him that she would then teach.

MR. LESKO: Let me show you Government's 202.

Do you recognize this?

MARK VICENTE: That is a photograph of Keith Raniere taken by the same photographer and that used to hang next to the picture of Nancy Salzman at 455 New Karner.

MR. LESKO: The headquarters?

MR. LESKO: Now, you mentioned ESP and you've mentioned NXIVM; what was your understanding of the relationship between NXIVM and ESP?

MARK VICENTE: My understanding at the beginning and, you know, the entire time I was there was NXIVM was the sort of umbrella organization that all the other companies fell under. ESP was one of the many companies that were under the umbrella of NXIVM.

MR. LESKO: So, let's talk a little bit about the other companies, okay, and we'll do them in order.

MR. LESKO: Was there a company named Jness?

MARK VICENTE: Yes, there was.

MR. LESKO: What was Jness?

MARK VICENTE: Jness was supposedly a women's movement. It was created by Keith Raniere, he was the philosophical founder of the women's movement. The idea, to the best of my understanding, is for women to get a sense of their own -- their own essence and who they were separate from men. So, everything they did, towards the beginning anyway, was completely separate from all men other than Keith Raniere, the founder, and they met typically, my understanding is, once a week to go over curriculum. They had little groups that they did, they had a whole bunch of activities but most of the activities were invisible to the rest of us, we had no idea what they were doing because it was a women's only movement.

MR. LESKO: Very well. Was one of the companies named Society of Protectors?

MR. LESKO: Was that also known as SOP?

MARK VICENTE: It was. SOP began I think around 2011 and it was, again, the brainchild of Keith Raniere. There was a number of men including myself who had seen some of the women's curriculum from Jness and said it would be really great at some point if men could have some form of education as well and he talked about it with a number of us for many years. Around 2011 he said I think it's time now, let's get this thing started and the name he came up with was Society of Protectors.

Society of Protectors was a male organization. There was, you know, a curriculum, there was all kind of different trainings, there were different activities and that ran certainly up until the time I left, it may be even still running now.

MR. LESKO: Was there a company or program named Ethicist?

MARK VICENTE: There was. Ethicist -- my first exposure to Ethicist I think was around 2006. My understanding of Ethicist was it was sort of this newly hypothesized job that people could learn and eventually take out into the world and it was to help people in essence figure out how to become ethical, moral, how to be the most ethical person they could and then go into corporations and, you know, organizations and a bunch of different things and basically give people tools for conflict resolution, for figuring out what is the right thing to do in a situation, what's the most ethical thing to do in a situation. A lot of the training was basically first trying to figure out what were your ethics and how to improve them.

MR. LESKO: Was there a program or company named The Source?

MARK VICENTE: Yes, there was. The Source began around 2014. The Source was a program for presenters and performers. We thought of it commonly as an acting curriculum. It was a very different acting curriculum in the sense that I've certainly -- I was in drama school so I've done a lot of that kind of thing. This was a very different curriculum. It was basically based on the idea that rather than trying to embody the emotional let's say truth of a character, don't worry about that so much, just take on the physical aspect of what that would look like.

So, for instance, if you were to do sadness, rather than feel sadness, just project sadness in your body; if you were to to act humble, you don't have to be humble, just look humble. So, it was sort of an outside aiming kind of acting curriculum.

MR. LESKO: Was there a program or company named Reverence?

MARK VICENTE: There was. Reverence was termed the emotional gym. It was suggested that it would give you emotional flexibility, it would teach you how to feel certain emotions, how to move towards the emotions that you were afraid of, become more rounded emotionally and, again, understand there are two versions of my answer, the one version is what it was reported to do and then there's my understanding of what they actually did so I'm not certain which one we want to delve into.

MR. LESKO: Let's start with what these programs were reported to do --

MARK VICENTE: Understood.

MR. LESKO: -- at the time.

MARK VICENTE: Understood.

MR. LESKO: Was there a program named XOSO?

MARK VICENTE: Yes, my understanding of XOSO was it began as a physical program much like yoga, for instance, and there were different levels. I'm not sure if I understood all the levels. In fact, Reverence was one of the XOSO levels, I'm not sure which level it was. XOSO was a physical program to develop strength and flexibility and basically use your physical body as a tool.

MR. LESKO: Was there a program or company named Ultima?

MARK VICENTE: Yes. Now, Ultima -- actually the same way that NXIVM is the umbrella company for ESP and others, Ultima was the umbrella company for Reverence, for XOSO, for The Source. What Ultima did, it did have a beginning where it talked a number of basics about emotional flexibility and that kind of thing and then you ended up specializing in one of the areas, for instance, like XOSO or Reverence or The Source.

MR. LESKO: Was there something called Ethos?

MARK VICENTE: Yes. Ethos was part of what I'll call the Level 1 curriculum of ESP. My understanding is that when ESP began, and this was before my time, classes were taught in this format and what it was was like basically a gym membership is what I was told, you would go to class, you know, maybe six times a week, it would be two-hour classes, there would be certain topics that you would deal with in each two-hour session, you had a coach; for the tuition you paid you would have a coach and you would go, you would attend classes, and then Ethos eventually turned into another program as well but it was how I believe, to my understanding, how ESP started.

MR. LESKO: If you could briefly describe how Ethos evolved into another program?

MARK VICENTE: My understanding, because I wasn't there when it happened, was that people felt that it was -- Ethos was wonderful if you lived in an area that was close to a center that taught this but some people didn't and so the idea was brought forward about what if we ran like an intensive. Basically the idea was to take the Ethos curriculum along with another curriculum called Origins and turn it into a longer intensive and I believe, I'm told, Laura says that it began as a 20-day intensive or something like that and eventually ended up being a 16-day intensive.

MR. LESKO: Is there a company named First Principles?

MARK VICENTE: Yes, there was a company called First Principles. My understanding of First Principles is somewhat limited, is that First Principles was the company that owned what was called The Tech, all of the -- the whole educational model was known as The Technology and the short term was The Tech. So, I think it was any, you know, written or video material that was made of the actual education I believe was owned by First Principles.

MR. LESKO: And when you use the term "education," are you referring to the curriculum used by these programs?

MARK VICENTE: Correct, the curriculum, yes, but also the curriculum you would learn in class but also the methodologies that coaches would use in coaching, you know, their coachees, so a whole range of things.

MR. LESKO: Okay. Was there a company named Delegates?

MARK VICENTE: There was a company named Delegates. Delegates was something akin to TaskRabbit where you could hire assistants to do certain tasks for you anywhere from picking up your groceries to driving you somewhere, driving somebody else somewhere and that program was run by one individual I believe.

MR. LESKO: And who worked at Delegates?

MARK VICENTE: Generally the people that worked at Delegates were some of the younger members of the community that were living in Albany, they all did tasks for Delegates. So, if somebody called the head of Delegates, you know, to say I need such and such, you know, they would get a call back saying, well, so and so is going to, you know, pick up your mail or, you know, drive you somewhere or pick up your groceries.

MR. LESKO: You used the term "community," is that a term that people associated with NXIVM used about themselves?

MARK VICENTE: Yes, there was -- it was a philosophical concept like anybody who had taken the education, who had committed to the education and also obviously spending time there, that was a philosophical community. Then the community itself were the people actually living there, some that were, you know, born there, many people had moved there, that was termed the community and that word was used very, very often.

MR. LESKO: Was there another term that was used for people involved with ESP?

MARK VICENTE: Another term was Espians, you know, people that had taken ESP, Espians. There was a big focus on community, on Espians, you know, anybody who arrived back in Albany, you know, they'd say things like welcome home, don't leave home, that kind of thing.

MR. LESKO: Getting back to the companies and programs, was there a company named Rainbow Cultural Gardens?

MARK VICENTE: Yes. Rainbow Cultural Garden was something developed, as far as I remember, pre-2012. It was run by Loreta Garza. It was an idea once again that Mr. Raniere developed, the idea being creating children that are citizens of the world. He would talk about that in a child's natural development there are windows of opportunity they have when they're little to learn certain things and that once those windows close, they can't learn as much anymore and his proposition was, you know, we can teach them in such a manner that those windows stay open much longer, in essence creating smarter, more brilliant children. And then also the idea of creating citizens of the world which is teaching children multiple languages, so children were learning anywhere from three to up to seven to nine different languages at a pretty young age.

MR. LESKO: Did the participants in Rainbow Cultural Gardens pay tuition or fees in order to participate in that program?

MARK VICENTE: My understanding is they did, they paid it to the company and then for that I believe they got to put their children, you know, in these different centers if they had them and they also got in essence nannies to take care of their children.

MR. LESKO: And what type of fees were paid, are we talking hundreds of dollars, thousands?

MARK VICENTE: My understanding was thousands of dollars. I don't have the exact number but it was a significant number. I remember because people said to me this is as expensive if not more expensive than private school. It was many thousands.

MR. LESKO: The other programs that we discussed, did they also involve tuition or fees?

MARK VICENTE: As far as I remember, all the programs that I mentioned thus far involved tuition, involved fees, yes.

MR. LESKO: And same question, could you approximate the amount of fees generally?

MARK VICENTE: If you look at, for instance, Ethos, depending on where you took Ethos, you know, it was anywhere from, you know, $2,000 for the year to, you know, 3,000 something; when you look at an intensive, an intensive could be -- I mean I'm talking full price $7,500 for 16 days. Ethicist I believe was $10,000 per intensive and I believe it was eight or ten days. Jness intensives were in the region of $6,000 per intensive. Significant amounts of money.

MR. LESKO: Under this NXIVM umbrella were there foundations?

MARK VICENTE: There were. I recall the Ethical Humanitarian Foundation, I recall the Ethical Science Foundation. There may have been more, I don't recall right now.

MR. LESKO: Let's talk about those two. What was the Ethical Humanist Foundation?

MARK VICENTE: I don't entirely know, I just remember that there was an event that was created that the Dalai Lama was supposed to come to the first time that got cancelled. Then there was another event he did come to and I believe the -- I believe the Ethical Humanitarian Foundation put that on. I believe everything was run financially through that instrument, that's to the best of my recollection.

MR. LESKO: What was the Ethical Science Foundation, if you know?

MARK VICENTE: My best understanding is that the Ethical Science Foundation was the foundation that was responsible for scientific research. Mr. Raniere wanted to do a lot of scientific research on all kinds of things. That was I believe supposed to fund his research and also there was a certain percentage that he received for his position that he said was for scientific research. I don't know if it went to that particular foundation or not but I think that was the theory.

MR. LESKO: Okay, we'll get into the percentages a bit later.

Did each of these entities, leaving aside the foundations, have their own curricula?

MARK VICENTE: Yes, they did. It was all -- it was different but in many ways based on, you know, a single core idea or a number of single core ideas but there were differences.

MR. LESKO: And who developed the curriculum for each of these programs?

MARK VICENTE: My understanding is Mr. Raniere developed all of it in essence, he worked with Nancy Salzman and in some of the other companies he worked with some of the people that developed those companies but my impression was that he was developing all of it.

MR. LESKO: And was the curriculum similar between companies?

MARK VICENTE: There were many similarities, yes. There were -- you know, I mean an example of a commonality is, you know, the philosophical idea of overcoming one's body, overcoming one's emotionality, you know, using one's logic, being less attached to other people or other things. Those kinds of things were commonalities pretty much throughout.

MR. LESKO: Let's turn back to 2005. In that year did you participate in an ESP program?

MARK VICENTE: This is dry business. (Pause.)

I did. I took my first intensive in -- I believe it was 2005

MR. LESKO: Mr. Vicente, what is an intensive, could you describe that for us please?

MARK VICENTE: So, my understanding of intensive -- well, I experienced it so it is more than my understanding; it was a 16-day training one could take, you know, at the first five days and then if you decided to continue, you could take the entire 16. So, some people committed to only five days, that was my case, some committed to the entire 16 days, and the training was -- it began -- would you like me to explain the entire?

MR. LESKO: Yes, if you could?

MARK VICENTE: Okay. For instance, the training was typically held at a center, so in my case it was held at the headquarters, 455 New Karner Road. When you first came in, there was a registration process, you filled out a pretty in depth psychological survey and the theory was that that survey was sent to some independent group that was supposed to study the results. I don't know if that happened or not. I think the survey -- in the end I did some study -- turned out to be a narcissistic personality disorder survey. There was a pretty in depth confidentiality NDA agreement that we were to sign.

MR. LESKO: What does NDA stand for?

MARK VICENTE: Nondisclosure -- actually I can't remember what the A stands for, agreement I assume. But it was a confidentiality agreement that you signed basically saying that you wouldn't talk to anybody other than, you know, this class about what you experienced. There were a lot of restrictions, you couldn't use it for certain things and, as far as I recall, when I really studied it carefully, you were not allowed to use what you learned once you left. It doesn't make a lot of sense to me. In order to get the education you had to sign the agreement and they were going to give you this incredible, you know, this vault of knowledge.

Once you had done all of that you would go in and you would typically either -- in my case I saw Nancy Salzman because she was -- there are different ways the education was done. I was fortunate, I got to have it in person, in other words, Nancy Salzman was there teaching it. Most people got the education on video, so they might watch an introductory video from Nancy Salzman. It would be somewhere around 50 minutes of her explaining who she was, talking about Keith Raniere, talking about this incredible model that they developed and, you know, that was, in my understanding, sort of the warm-up.

Once she had gone through that, the first module we did was called Rules and Rituals and Rules and Rituals was basically the ground rules of how all that is going to work, talking about, you know, are you open to feedback, you're not open to feedback, introducing the idea of sashes. So, by sashes I mean much like in the martial arts, and this is what we were told, much like in martial arts where you wear different colored belts, instead of a belt you wore a sash and there was -- on a wall there was all these, you know, these huge array of sashes that went from the white to yellow to orange all the way up to reds and white at the very end and at that point the staff who was working there were not wearing the sashes but they explained the sashes and Rules and Rituals was the setup and from that point forward there were a number of modules that you did every single day. There were, you know, modules like Communication Being a Cause which we were taught was actually a concept borrowed from neurolinguistic programming. And pretty early on a number of the philosophical ideas began being introduced, you know, for example, there were ideas that, you know, everybody had this thing called an inner deficiency and an inner deficiency is like this, and this is a metaphor, this is the gaping hole inside of you of emptiness and, you know, abject whatever, fear, whatever it is, that causes you then to feel like you need something from somebody else or from the external world to feel better and, you know, we were told this is the thing we're going to help you work on. So, that was one of the concepts that actually from that moment for the entire 12 years that I was there, that was a concept that was always there.

Another concept was the concept of being at cause. What that means, and that was the one specifically that they got from neurolinguistic programming, the idea that all the things you're feeling that you think other people are causing are not caused by other people, you are the only one causing your feelings and you are the only one responsible for what you are feeling, they are not doing anything to you. In essence, what's happening is that they are a kind of stimulus, you do a bunch of things internally and you are causing your own reaction; so, really no matter what anybody else does, it's not really them, it's you. And that idea also was present, you know, in all the curriculum, the idea that really you're the one responsible for everything, you know, all the upset you have at other people, all the complaining, you know, about what people are doing, really it's not them, it's you, so it was constantly pointed back at you.

There was a module, for instance, called Honesty and Disclosure where it was interesting because a lot of the intensive, the beginning is about redefining ideas; for instance, you know, in Honesty and Disclosure, the idea, well, maybe disclosure might not be good, you know, are there circumstances under which one should not disclose things, that one should be strategic.

There was a module called Good and Bad, again redefining good and bad.

MR. LESKO: So, these were themes that were taught in various modules?

MARK VICENTE: They were taught in various modules and the first three days was full of this kind of redefining that occurred, that redefining new words. You know, there was talk about tribute.

MR. LESKO: What was tribute?

MARK VICENTE: Yeah, tribute was interesting. Tribute was basically recognizing that you are who you are because of who came before you, who taught you, you know, what they did with you, whether good or bad, is why you are the way you are right now and tribute is a very, very important thing.

And they talked about in the ranking structure of ESP, it's very, very important to give tribute to those people that are of a higher rank, that have achieved, you know, what you have not achieved and that was a constant focus.

In addition, there was an enormous focus on giving tribute to Nancy Salzman and to Keith Raniere who was called Vanguard, so there was a lot of discussion about giving tribute to Vanguard and that was -- for example, there was another one called Pride and Prejudice, looking at, you know, if you have the inability to give tribute, you know, clearly it's a pride problem, you have too much pride and so part of what this curriculum will help you do is, you know, do away with that pride because that stands in the way of so many things for you.

MR. LESKO: So, pride was considered to be a bad thing?

MARK VICENTE: Pride was considered to be a bad thing, it was definitely something that would get in your way.

MR. LESKO: So, after these -- modules, were they like classes basically?

MARK VICENTE: They were like classes, the way they were structured was that an idea was introduced, you know, let's say Good and Bad, you know, what is good, you know, what is bad, you know, something like that and so you would break out into groups and let's say the intensive, let's say it was 30 people, you break out into groups of maybe six or seven with facilitators and you would discuss these questions and pretty soon you'd find out like you really didn't have a clear definition of a lot of these things and you'd end up pretty confused and then what would happen, a video would be played or in my case Nancy Salzman would come up and say, great, let's give you the answers. They weren't called the answers but in essence it was called a debrief and later the term would be disquisition.

MR. LESKO: Let me be precise, was the debrief session after the breakouts?

MR. LESKO: Breakouts, participants are discussing questions?

MR. LESKO: Reconvene as a group and then you received the answers?

MARK VICENTE: You'd hear this model's version of what the answers are.

MR. LESKO: And that debrief session was later renamed?

MARK VICENTE: Later it was renamed to disquisition.

MR. LESKO: Disquisition, is that a real word?

MARK VICENTE: I have no idea.

THE COURT: How do you spell it?

MARK VICENTE: D-I-S-Q-U-I-S-I-T-I-O-N. I hope that was right.

MR. LESKO: Sounds good to me.

THE COURT: All right.

MR. LESKO: So, describe this debrief or disquisition?

MARK VICENTE: Well, this is what was so interesting, so basically once you discussed a bunch of ideas, if you have six, seven, eight people in a group discussing what does something mean or what's the meaning of this thing or what's the definition, it's chaos. So, usually by the end of 15 minutes you have no idea what to think anymore, so then you're listening to this version, you know, for instance. So, you know, they would describe good as, you know, pro-survival and building of value; bad, you know, anti-survival and destruction of value, and you sort of say, well, that's a pretty good definition, I seem to like that. They would say these are our working definitions that we're going to use so we can keep on moving and things moved very, very quickly so, you know, if you raised an issue, you know, it was like, well, stick with us because it is leading somewhere.

MR. LESKO: What happened after the debrief sessions?

MARK VICENTE: Then we'd go back into breakout groups again and the same process would occur and then it would be anywhere from three to maybe up to seven of these kinds of debriefs that would occur and then there would be the final debrief or the sort of punch line of the message that they wanted to get across.

MR. LESKO: Did that have a name, that final debrief?

MARK VICENTE: It may have and I can't remember if it did.

MR. LESKO: So, what happened after the final debrief?

MARK VICENTE: In the case of the intensive, you would have a very short break and then you would go back into another two hours, there were typically five two-hour sessions every day, they tended to be longer because in reality things run longer but, you know, so you were basically in session for anywhere from ten to twelve hours, this is Level 1 I'm describing, what I call Level 1. Level 2 is a whole other thing.

MR. LESKO: We'll get into that later.

So, after this process of breakouts and debriefs, how did the intensive end?

MARK VICENTE: So, basically the first three days was pretty much like that, the end of the first day was quite unique because there was a particular module called The Fall and The Fall was Mr. Raniere's version of -- it was describing somebody's fall from conscience into no conscience. So, basically, you know, somebody has very low self-esteem, it gets lower and lower, they're miserable, depressed, a horrible human being, they get to like zero self-esteem and then what happens is they make a discovery and the discovery they make is that if they just abandon their conscience and abandon morality, life could be amazing, they could have anything they wanted and they start to have what's called a negative self-esteem which is they start to feel good having no conscience and they start to feel good hurting and torturing other people, it actually thrills them and this always produced in the class -- the class was terrified because everybody was like, oh my God, I hope this wasn't me; no, no, if you're asking the question, it's not you. And then on the fourth day they would introduce what's called an EM, which is an exploration of meaning, and then you would receive one of those pretty much every day until towards the end of the intensive and I can explain that more but at the end of intensive there was something called the magnificent series which is basically now you've figured out all these things about you and all these issues and all these problems, who is the real you, and that was discovering your essence at the very end and there was a lot of stuff in between.

(Continued on next page.)

(Continued.)

MR. LESKO: Okay. Your Honor, this is probably a good time to break.

THE COURT: All right.

Members of the jury, let me remind you that it is extremely important that you follow my instructions that you not discuss this case with anyone, not your family, your friends, your business associates, and not your fellow jurors.

In addition, you must not listen to, watch, or access any account of this case on any form of media, including newspapers, TV, radio, podcasts or the Internet, nor research, nor seek outside information about any aspect of the case. Please do not communicate with anyone about the case on your phone, whether through e-mail, text messaging, or any other means, through any blog or website, or by way of any social media, including Facebook, Twitter, Instagram, You Tube, or other similar sites. You must not consider anything you may have read or heard about the case outside of this courtroom whether you read it before or during jury selection process or during this trial. Do not attempt any independent research or investigation about the case, and do not visit any of the locations identified on the questionnaire or discussed during the course of the jury selection process or this trial.

So we'll resume at 9:30 tomorrow morning, and get a good night's sleep.

All rise for the jury.

(Jury exits.)

THE COURT: Very well. The witness is excused for the evening. Do not discuss your testimony with anyone. We'll see you tomorrow morning at 9:30, sir.

MARK VICENTE: Thank you.

THE COURT: You may step down.

(Witness excused.)

THE COURT: Is there anything further this evening from the Government?

MS. PENZA: Your Honor, if we can just have one moment to confer with defense counsel and then we might have one --

THE COURT: Everyone may be seated.

MS. PENZA: -- we may have one very quick thing.

THE COURT: All right, go right ahead. I'll wait.

(Pause.)

MS. PENZA: Thank you, Your Honor. I just wanted to make a record that we -- there is a transcript of a recording that Mr. Vicente is still reviewing, and so given Your Honor's instruction about not -- not discussing his testimony with anyone, we were going to have an agent sit with him while he reviews that transcript and defense counsel has no objection to that.

MR. AGNIFILO: We have no problem. He's going to finalize a transcript that I think they want to put in on direct and that's fine with us.

THE COURT: All right, that's fine.

For tomorrow, about how long will the direct be?

MR. LESKO: I think we are going to take all of tomorrow.

THE COURT: On direct?

MR. LESKO: Yes, I think that's a safe estimate.

THE COURT: All right. And then we're not having trial on Friday, correct?

THE COURT: And we'll return on Monday.

Now, I've been informed regarding the schedule that two of our jurors will be celebrating the last two days of Ramadan on the 4th and 5th of June, which means that those days cannot be trial days, and that's a Tuesday and a Wednesday, the 3rd is a Monday, so I'm going to adjust the schedule, but I won't do it right now. I'm going to adjust the schedule to make those days non-trial days --

MR. AGNIFILO: Very good.

THE COURT: -- just so that you know --

MS. PENZA: Thank you, Your Honor.

THE COURT: -- which means we have to double our efforts to be efficient here in terms of moving the trial along briskly.

MS. PENZA: Yes, Your Honor.

MR. DEROHANNESIAN: When you say "adjust the trial schedule," do you mean June 3rd will still be an off day, or are you going to make that a workday?

THE COURT: No, June 3rd is not a workday under any circumstance.

(Pause.)

THE COURT: I'm now advised -- based on my ignorance, I didn't realize this -- that it's either June 4th or June 5th, depending on the face of the moon, so we don't know yet which day it is.

Do you know which day it is, Ms. Penza?

MS. PENZA: Oh, no, I certainly don't --

THE COURT: Are you going to advise the Court based on your superior knowledge?

MS. PENZA: Absolutely not, Your Honor. I just wanted to clarify the schedule. I mean, I can tell what you Outlook is telling me, but I don't think that's accurate and I didn't intend to.

THE COURT: I think I will ask the jurors what they're telling me and then advise you. So it's only one of the two days and I will let you know which one of the two days.

MS. PENZA: Thank you, Your Honor.

THE COURT: So we're off on June 3rd and either June 4th or June 5th.

THE COURT: All right?

MR. AGNIFILO: Thank you, Judge.

THE COURT: Anything else for tonight?

MR. AGNIFILO: Nothing from us.

THE COURT: Anything else, Ms. Penza?

MS. PENZA: No, Your Honor.

THE COURT: All right. Thank you. We'll see you tomorrow.

(Matter adjourned to May 9, 2019, at 9:30 a.m.)

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Continue to Day 31.Mark Vicente — Direct (Part 2)