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2019 Federal TrialtranscripttranscriptJay — Cross/Redirect/Recross (Part 3) - Day 21 - 2019 Federal TrialJay’s testimony concludes with defense questions about her departure plans, copied collateral, and fraudulent marriage, followed by redirect and recross about her fears and the assignment involving Keith.
Mark LeskoMarc AgnifiloNicholas G. GaraufisJayMR. AGNIFILOJayTHE COURTMR. LESKOcrossredirectrecross
7 pages·3 witnesses·3,415 lines
Jay completed testimony about collateral, a sexual assignment, and her departure plans, facing defense questions about her conduct and prior statements. Anthony Valenziano discussed NXIVM civil-litigation recordings and limits on his knowledge. Richard Guerci reviewed Cafritz account activity and defense-funding trust records, while the court limited disclosure of individual trust payments.
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CrossCrossJay — Cross Jay Marc Agnifilo

CROSS EXAMINATION BY MR. AGNIFILO:

MR. AGNIFILO: Good morning, Jay.

JAY: Good morning.

MR. AGNIFILO: My name is Mark Agnifilo. I represent Keith Raniere.

I'm going to ask you some questions, not too long, 20, 30 minutes, tops. If I ask you a question that is not clear to you, please feel free to ask me to rephrase the question. I will be happy to do that; okay?

JAY: Absolutely.

MR. AGNIFILO: All right.

Just reviewing some of your direct testimony. You said that when you took the initial five-day intensive, you said you really -- you were impressed by it. You liked it.

JAY: Yes, I had a very good response to it.

MR. AGNIFILO: Okay. And just describe that in a little more detail for us, if you could. What did you respond to? What spoke to you? How did it work for you?

JAY: The curriculum in itself, because it was in an intensive time, there was a lot that we processed and went through. And with that, I had a lot of breakthroughs.

It gave me an opportunity to talk about a lot of these vulnerable things and share it with people. So there was a bonding within that.

MR. AGNIFILO: And then you took the 11-day to make out the whole 16-day intensive; correct?

JAY: That's correct.

MR. AGNIFILO: All right. And what was the time period, ballpark, between the 5-day and the 11-day?

JAY: Well, the 5-day was August of 2016, and the 11-day was in November of 2016.

MR. AGNIFILO: Okay. And did you also have a high opinion of the 11-day course as you had with the 5-day course?

JAY: Yes.

MR. AGNIFILO: Okay. And now, you had an, at an earlier point in your life, you had taken courses in Scientology; correct?

JAY: I'm sorry. Can you repeat that, please?

MR. AGNIFILO: Sure.

At an earlier point in your life, had you taken any Scientology courses?

JAY: Yes.

MR. AGNIFILO: Okay. And did you take to that? Did you enjoy those courses?

JAY: To me, it felt like it was universal principles, but dumbed down.

MR. AGNIFILO: Okay. Scientology?

JAY: Correct.

MR. AGNIFILO: Okay. And when you took the 5- day and the 11-day, you thought that it was worthwhile. These were worthwhile classes for you.

JAY: Yes.

MR. AGNIFILO: Okay. And now, in November of 2016, around that period of time, you're living at 7 General's Way with Allison and Souki and Danielle; correct?

JAY: No.

MR. AGNIFILO: Okay. You were not living there?

JAY: At that time, no.

MR. AGNIFILO: Okay. When did you start living there?

JAY: I owe officially moved there January 11th of 2017.

MR. AGNIFILO: Okay. So how long did you live at 7 Generals Way, total?

JAY: From the officially moving in January, until when I left and escaped back to California, that was about four or so months.

MR. AGNIFILO: Okay. And were you there the whole time? The whole four months?

JAY: In?

MR. AGNIFILO: That you were living there? Did you live anywhere else? Did you go away for any period of time during the period of time that you were living at 7 Generals Way?

JAY: No. I uprooted my whole life in LA to move to Albany. So that then became my home base. But I had to travel back to Los Angeles frequently.

MR. AGNIFILO: Okay. Now, at some point you started keeping a journal that was part of what you were supposed to do, what India wanted you to do; correct?

JAY: No.

MR. AGNIFILO: Okay. When did you start keeping a journal?

JAY: I've been keeping a journal since middle school.

MR. AGNIFILO: Okay. What you said, I think, in response to one of the questions on direct examination, if India had ever punished you and you said you were lucky, all India ever did was make you keep a journal.

Do you remember saying that on direct?

JAY: That's not what I said.

MR. AGNIFILO: Okay. What do you remember saying?

JAY: I said that she would give me journal assignments and, thankfully, she was a nice master. So my punishments were mostly journaling.

MR. AGNIFILO: Okay. Which is something you were doing anyway; correct? Because you've been journaling since middle school.

JAY: So my journaling, my personal journaling was separate from the journaling assignments.

MR. AGNIFILO: All right. I'm going to show you something, just for you to see. I'm not going to ask any questions about it yet. It is Government's Exhibit 444, just for identification.

MR. AGNIFILO: If I can just approach the witness, Judge, and give it to her.

THE COURT: Yes, you may.

MR. AGNIFILO: Just take a look. I just gave you something that's marked for identification as Government Exhibit 444.

Do you see that in front of you?

JAY: Yes.

MR. AGNIFILO: Okay. And what is it?

JAY: It is a copy of one of my journals.

MR. AGNIFILO: And is this a journal -- this is -- is this something that you were keeping in connection with stuff that India was having you do or is this your personal journal?

JAY: A multi-purpose journal.

MR. AGNIFILO: Okay. So this is something you did on your own; right?

JAY: Some of this was things I did on my own. Some of it was related to assignments from The Vow.

MR. AGNIFILO: And just -- if you could turn to page 8. So it's 444-8. And I'm just going to ask you some questions.

MR. AGNIFILO: All right. So one of the things you talked about on direct examination was acts of care; correct?

JAY: Correct.

MR. AGNIFILO: All right. And you have journal entries concerning acts of care here on page 8; correct?

MR. LESKO: Objection.

THE COURT: Overruled.

You may answer.

JAY: Can you rephrase the question?

MR. AGNIFILO: Okay. Absolutely.

MR. AGNIFILO: I asked you if you talked about acts of care on direct examination and you said that you did; right?

JAY: You -- I'm sorry. I'm just having trouble understanding what you're actually asking me.

(Continued on following page.)

EXAMINATION CONTINUES BY MR. AGNIFILO:

MR. AGNIFILO: And my question is this: In your journal, looking at page 8, you journaled -- you have entries in your journal concerning acts of care, correct?

JAY: Yes.

MR. AGNIFILO: Okay. Is that something you were doing on your own or is that something you were doing with India?

JAY: This -- I mean, it has to do with The Vow. This was a specific, just -- I wouldn't even necessarily call this like a journal -- well, I would call it a journal entry, that's more emotion based. This was like an outline of -- more of like what the schedule of things that I needed to do.

MR. AGNIFILO: Okay. And you journaled about The Source. Do you remember writing a great deal about The Source?

JAY: Yes.

MR. AGNIFILO: And I am going to have you direct your attention to page 16 and then I am just going to ask you some questions. So if you, just turn to page 16.

JAY: (Witness complies.)

MR. AGNIFILO: Now, as of January 2017, you had a positive view of The Source, correct?

JAY: Yes.

MR. AGNIFILO: And tell the jury why.

JAY: So The Source intensive was for artists and performers and actors, and the curriculum was really great. A lot of the exercises were really interesting and very different than any other acting class that I had done before, and it helped get to different emotional traumas and release them in different ways.

So, most of it I found to be really great.

MR. AGNIFILO: And what other acting courses have you taken in your life?

JAY: I've taken several different acting classes with different acting teachers.

MR. AGNIFILO: And did you find The Source drastically different or better than those acting courses?

JAY: I didn't find it better, necessarily. It was a different style of tapping into different parts that helped with me as an artist.

MR. AGNIFILO: And different in what way? Just give us a little bit more description, different how?

JAY: Some of the exercises, there is an exercise where they helped you make your face kind of contort. It's kind of like this weird thing where, because of the physiology of, like, your face goes into this different place, it then helped activate different emotional parts for me, personally. Things that I wasn't looking at, so it was just different exercises.

MR. AGNIFILO: Now, I think that at some point you said on direct examination that you were on a limited calorie diet?

JAY: Yes.

MR. AGNIFILO: Okay. And what were the different sort of daily limits that you had at different points in time?

JAY: It varied. It started with just a thousand calories, and then it went to somewhere around 800, and then there were times where it got to as low as to 500, 600.

MR. AGNIFILO: Okay. And did you see any value in this for you?

JAY: How it was promoted to me was that it was allowing you to look at, like, your cravings and discipline and things along that arena. But I quickly then would actually fail at these assignments because the fact that I'm very into health and wellness and that people weren't getting their periods and were having a lot of health issues alarmed me that they actually didn't know what they were doing.

Also, there was a time where I was taking, like fish oil supplements, which are 150 calories for a tablespoon and I had to count that into my allotted calories.

So I was literally eating -- like being told to not eat, like, any food.

MR. AGNIFILO: My question was did you see value in it for you?

JAY: So, for a short period of time how it was promoted to me seemed like it was valuable; however, that is not how I felt about it.

MR. AGNIFILO: Okay.

Can you turn to page 26 of your journal?

JAY: (Witness complies.)

MR. AGNIFILO: Do you remember thinking that it was helpful in terms of pushing against your indulgent impulses?

JAY: Did you -- did you want me to read this so I can actually refer back to it?

MR. AGNIFILO: If you -- if you can -- if you can recall what I'm asking you, then you don't have to, but if there's something about reading this that would refresh your recollection, then you can use this to refresh your recollection. So you could do it either way you want.

JAY: Yeah, I would like to read this.

MR. AGNIFILO: Please do.

JAY: And then if you could re-ask me the question after I finish.

MR. AGNIFILO: Please do.

JAY: Thank you.

(Pause.)

JAY: Okay, can you re-ask me the question, please?

MR. AGNIFILO: Absolutely.

Did you see value in your limited calorie restrictions, in terms of you pushing against indulgences when it comes to food?

JAY: Yes, in the beginning.

MR. AGNIFILO: Okay. And when you say in the beginning, for how long a period of time would you say that you saw the diet restrictions as being valuable, just to you?

JAY: I would say in the beginning of having, you know, the 800-calorie, around there. It didn't take me too long to see the value, in that where I could see, oh, I do want to eat that, but, oh, where is that coming from? So really just in the beginning part.

MR. AGNIFILO: Okay. Did you see value in maintaining the diet as a function almost of, say, keeping your word, keeping your promise to yourself?

JAY: In the beginning.

MR. AGNIFILO: Okay. I am going to ask -- turn to the next page, it's page 27.

JAY: (Witness complies.)

MR. AGNIFILO: And, again, feel free to read it and I am just going to ask you some questions.

JAY: Okay, I am going to take the time to read this.

MR. AGNIFILO: Take your time.

(Pause.)

JAY: Okay.

MR. AGNIFILO: Okay. So one of the things, I think, during the time when you saw value in the calorie restrictions, is that it helped you keep your word, correct?

JAY: That's how it was promoted, yes.

MR. AGNIFILO: And -- and that's how you felt about it, right?

JAY: At first, yes.

MR. AGNIFILO: Okay. And part of what was valuable is, I think you said, that it was important to you that you be able to keep your word, that you have that inner strength, correct?

JAY: Where are you -- where are you referencing that?

MR. AGNIFILO: If this is something that you would have believed back at the time that you were doing this journalizing, or keeping these journals.

JAY: I'm sorry, I don't understand your question.

MR. AGNIFILO: All right. I'm going to come at it from a different angle.

You testified on direct examination that your mother left the family when you were young, correct?

JAY: Correct.

MR. AGNIFILO: Okay. And there were times you would speak to India and Allison about the fact that you wished your mother had better discipline, correct?

JAY: Yes.

MR. AGNIFILO: And so that by you showing discipline in yourself, it's something that you can essentially teach your mother that she could have discipline the way you have discipline; is that fair to say? Is that something that you thought?

MR. AGNIFILO: How would you put it?

JAY: I just don't understand, like, your --

MR. AGNIFILO: At some point you link your dieting, you link your commitment to a limited calorie diet, to your mother and her keeping her word to you; correct?

JAY: Not by my own really, like, choosing of that. Like, that's not a thought that I had come up with by myself.

MR. AGNIFILO: If you don't keep your word, you make it okay for your mother not to keep her word; right?

JAY: That's what India said, yes.

MR. AGNIFILO: And that's what you wrote, right?

JAY: This was -- I wrote this because I had a failure, so this was actually my punishment journaling. So, I didn't really know what to write and so that was one of the things that she had said that it does that, so I wrote that as part of my failure journal entry.

MR. AGNIFILO: What was your failure, do you remember?

JAY: I went over the calories.

MR. AGNIFILO: Okay. So India wanted you to write this?

JAY: Correct.

MR. AGNIFILO: Okay. So this is part of the journaling that you did because India asked you to, correct?

JAY: Yes.

MR. AGNIFILO: Okay. Now, do you recall you talked about being presented with the special assignment, and you said that was in March or April; do you remember that?

JAY: Yes.

MR. AGNIFILO: Okay. I'm going to ask you to turn to a page of your journal, which is page 56, and I am going to ask you to read that to yourself.

JAY: (Witness complies.)

JAY: Uh-hum.

MR. AGNIFILO: So do you recall if the assignment that you were given happened sometime before April 26th, 2017?

JAY: Yes.

MR. AGNIFILO: Okay. And without getting into the substance, this is you entering journal entries about that, correct?

JAY: A journal entry about that, yes.

MR. AGNIFILO: Right. And after you were presented with the assignment, you still didn't know how you felt about Keith, right?

You were not sure how you felt about Keith even after the assignment was presented to you, is that true?

JAY: Yes. I was very confused during that time.

MR. AGNIFILO: Okay. And the assignment changed your perspective, fair to say?

JAY: Yes.

MR. AGNIFILO: Because, before that, you had -- and I think you even said on direct examination, you held Keith in very high regard, correct?

JAY: Yes.

MR. AGNIFILO: Because you said, on direct examination, you wanted to do important things for humanity in the world, correct?

JAY: Yes.

MR. AGNIFILO: And one of the reasons you were interested in NXIVM and in Keith is because you believed he and NXIVM were doing the same things; correct?

JAY: That's what I thought.

MR. AGNIFILO: Right. And that was your reason for staying in this during the time that you were in it before the special assignment, correct?

JAY: Yes.

MR. AGNIFILO: You genuinely thought they were doing good work --

JAY: Yes.

MR. AGNIFILO: -- right?

And how old were you when you -- when you took your first five-day?

I'm sorry for making you do that.

JAY: I believe I was 26, right before I turned 27.

MR. AGNIFILO: Okay. And you had had a lot of experiences in your life, right? You had an active life, right?

JAY: Yes.

MR. AGNIFILO: And you had tried certain things, like Scientology, that you realized weren't for you, right?

JAY: Yes, I actually I had a manager who enrolled me in the class.

JAY: Which is why I took the Scientology.

MR. AGNIFILO: And you didn't like it, right?

JAY: Yes, I quit shortly.

MR. AGNIFILO: Okay. But you find this other thing, and you say, hey, this might be what I've been looking for, and that's NXIVM; correct? And The Source and all the classes you were taking, correct?

JAY: Yes, that's how I got involved.

MR. AGNIFILO: Right. And I think you said the first time that you met Keith you were very emotional to have met him, correct?

JAY: Yes.

MR. AGNIFILO: And tell us why, tell us what happened. What are the circumstances, the first time you ever meet Keith Raniere, just tell us about what happened?

JAY: So for me, a lot of the emotion didn't come from just meeting Keith as in the person, like, him and who he is. It was all the things that I had created and the feelings that I had because of the curriculum and the experience that I had. That, coupled with the belief that this person created this curriculum with the intention to help people and being a part of a community of people that wanted to do good, was really moving for me.

So I attributed a lot of that gratitude to the person that created the curriculum.

MR. AGNIFILO: Okay. Now, after you were given the special assignment you wrote a card to Keith, correct?

JAY: Yes.

MR. AGNIFILO: I want to show you -- the card and the envelope together are marked as 1002-A for identification.

MR. AGNIFILO: And I am just going to present them to the witness, if I can, Judge.

THE COURT: Go ahead.

JAY: Thank you.

MR. AGNIFILO: Just bear with me one second, Judge.

(Pause.)

BY MR. AGNIFILO:

MR. AGNIFILO: That's the card you wrote to Keith?

JAY: Yes.

MR. AGNIFILO: And there's a handwritten date on top?

JAY: Uh-hum.

MR. AGNIFILO: April 26th, 2017, yes?

MR. AGNIFILO: Your Honor, we offer it.

MR. LESKO: Objection.

THE COURT: Overruled.

MR. AGNIFILO: I have a copy of it here.

THE COURT: Go ahead.

(Defendant's Exhibit 1002-A was received in evidence.)

(Exhibit published.)

MR. AGNIFILO: It's in an envelope that has KR on it. I think the front of the card says: Shit just got real. And then: Mr. Wobbles heart's you.

And then the card, itself, what you wrote.

(Exhibit published.)

BY MR. AGNIFILO:

MR. AGNIFILO: And what you write is:

Keith, I don't know what to say except thank you. You are an incredible human being who has given so much to so many people, including me. You directly and inadvertently have profoundly changed my life and perspective. You have helped me find my way back to me and to my love for humanity. My path and journey has truly begun. I'm feeling more bliss and carrying a sense of myself in my experience. I am headed back to California to spend some much needed healing and bonding time with my family, then who knows where. I plan on sitting in nature alone to write. Writing poetry is where my heart is calling me at the moment. It has been for a while, but I wasn't listening until now. I am very excited to see how my journey unfolds, embracing the struggle and surrender. I'll be back. How could I ever forget you? You are unforgettable. Thank you, Keith. With love.

And then you sign your whole name, but it's just J there. Correct?

JAY: Uh-hum.

MR. AGNIFILO: All right.

THE COURT: You have to say yes or no.

JAY: Okay.

JAY: Yes.

MR. AGNIFILO: And where were you when you wrote this card?

JAY: Albany, I believe.

MR. AGNIFILO: And you wrote this and -- how did you give it to him?

JAY: I believe I handed it to him.

MR. AGNIFILO: And do you remember where you and he were when you handed it to him?

JAY: I believe, from my memory, a walk.

MR. AGNIFILO: Okay. Now, how many walks did you take with Keith?

JAY: I don't know exactly how many, but a handful.

MR. AGNIFILO: Okay. And how many walks did you take with Keith after the special assignment that you described on direct examination?

JAY: I think one.

MR. AGNIFILO: Okay. Was this the only one?

JAY: I think so.

MR. AGNIFILO: Okay. And is this -- is this -- why are you writing this card?

JAY: I have multiple reasons why I wrote this card. One of them being as like a little bit of like a trail to, like, get off my trail. Hence, all of the hearts. Also, too, because at that time there was still a little bit of confusion in regards to I knew Allison gave me that assignment. She also tried to put things into my head to make it something different, so, like I said, I was really confused. But I knew that the assignment wasn't for me and that it wasn't good, but at the same time, I'm a person who I could see the value of things.

And I did want to say thank you because the curriculum was helpful and I knew that I would never -- well, thought I would never see him again. So half of this was to not let him suspect what I knew was going on and part of my escape and, like, leave it so he wouldn't bother them so much.

Also, too, the line, How could I ever forget you? When I told him that I was going to be leaving and that my grandma was sick, you know, it was a way for me to have like a solid out. And he said, oh, you're just gonna forget me. So that's why I put how could I ever forget you, you are unforgettable.

MR. AGNIFILO: Now, when you write the second line here: You're an incredible human being who has given so much to so many people, including me; did you mean that?

JAY: At the time?

JAY: There were parts of that that I meant.

MR. AGNIFILO: So I'm asking you, at the time that you wrote this card, did you mean it and you said there are parts of that that you meant?

JAY: Correct.

MR. AGNIFILO: Then you say: You directly and inadvertently have profoundly changed my life and perspective.

Did you mean that?

JAY: Yes.

MR. AGNIFILO: Okay. And what did you mean by that?

JAY: Well, Keith does have -- would have some good phrases. One of them was: Are you the master of your life or is your life the master of you? And that was a profound statement that he did tell it to me. I don't think he originated that. And I -- how I took that did change my perspective.

MR. AGNIFILO: Okay. Then you say: You have helped me find my way back to me and to my love for humanity.

Did you mean that?

JAY: That one was kind of like I just kind of put something in there, it was like a -- you know, a little fluff add.

MR. AGNIFILO: You and he on some of your walks before this walk, before the assignment ever took place, would talk about your love of humanity and his love of humanity, correct?

JAY: Yes.

MR. AGNIFILO: That was really one of -- one of the themes that you guys would discuss, right, that you wanted to do something to help humanity, to help people, correct?

JAY: Yes.

MR. AGNIFILO: Right. And he would say he wants to help you do that, right?

MR. LESKO: Objection.

THE COURT: You may answer.

JAY: I'm sorry, can you repeat the question?

MR. AGNIFILO: Sure.

He would say that he wanted to help you with your goal and your dream of helping humanity?

JAY: I don't know if he's ever actually said that.

MR. AGNIFILO: Not those exact words, that sentiment, in words or substance?

JAY: There were -- there were different things that had come up on the walk where, for instance, I had said I had a fear of the dark. And he said, oh, I can help you with that. He didn't say oh, I want to help you with your thing for humanity, so it was kind of more specific things that he said he would be able to.

(Continued on the following page.)

BY MR. AGNIFILO: (Continuing.)

MR. AGNIFILO: Did he help you with your fear of the dark?

MR. AGNIFILO: All right. Then the next thing you say is, "My path and journey has truly begun." What are you saying there?

JAY: That's like, my, like, code way of saying, I'm going to Maui, later.

MR. AGNIFILO: And then you say, "I'm feeling more bliss and carrying a sense of myself of and experience." Did you mean that, were you feeling more bliss?

JAY: Yeah, because I knew I was leaving.

MR. AGNIFILO: That's not what you say in this card though; right?

JAY: This card was mostly a decoy so of course I'm not going to -- I don't understand what you're saying.

MR. AGNIFILO: I'm asking you did you say that in your card and you're saying no because now you're saying the card is a decoy?

JAY: I didn't write that in the card but as I was writing it I was writing this card with specific intentions, but inside -- you were asking me what did I mean by that and what did I feel and I was telling you what it is.

MR. AGNIFILO: Whose idea was it to write a card that was a decoy?

JAY: Mine.

MR. AGNIFILO: And whose idea was it to take screenshots of people's collateral?

JAY: It was mine.

MR. AGNIFILO: And how did you make the choice? How did you choose I'm going to take this person's collateral and not that person's collateral? How did you make that choice?

JAY: I didn't do that.

MR. AGNIFILO: What collateral did you take, the four pictures we looked at on direct examination; right?

JAY: Yes.

MR. AGNIFILO: Did you take any others?

JAY: I took what was in the -- in the Dropbox.

MR. AGNIFILO: All of it?

JAY: All of it except for one thing.

MR. AGNIFILO: You took more than -- the four screenshots that we looked at on direct examination, that's not all the collateral you took; correct?

JAY: Correct.

MR. AGNIFILO: You took other collateral as well?

JAY: I took whatever was available in that time.

MR. AGNIFILO: And do you remember how many images of collateral you took?

JAY: I don't.

MR. AGNIFILO: And did you think that was honest?

JAY: What do you mean?

MR. AGNIFILO: Does that -- do you think that was honest that you would take someone's collateral and then, what, you said you gave it to your ex-boyfriend?

JAY: I was allowed to be in that Dropbox so I felt like I had access to it and my intention with getting those pictures were never to show them, but merely to protect myself because of the blackmail that they had on me that they could have used against me.

MR. AGNIFILO: When did you give it to your ex-boyfriend?

JAY: I gave it to him -- I don't know when.

MR. AGNIFILO: And how did you give it to him?

JAY: Via e-mail.

MR. AGNIFILO: You e-mailed it to your ex-boyfriend?

JAY: For safety measures.

MR. AGNIFILO: And where was he?

JAY: At his home.

MR. AGNIFILO: And what state is that in?

JAY: California.

MR. AGNIFILO: And how -- so you e-mailed it to him just through regular e-mail?

JAY: Yes.

MR. AGNIFILO: And why did you choose to e-mail it to him?

JAY: He is a person that I trust. I told him not to open it. I told him to just put it in there, do not look at it and that's why. And he also knew the situation that I was in.

MR. AGNIFILO: And then you said you gave it to Mark Vicente?

JAY: Correct.

MR. AGNIFILO: Who did you give it to first, your ex-boyfriend or Mark Vicente?

JAY: My ex-boyfriend.

MR. AGNIFILO: How soon after giving it to your ex-boyfriend did you give it to Mark Vicente?

JAY: I'm not entirely sure, but I gave it to Mark Vicente after March 30th.

MR. AGNIFILO: And I think you testified on direct examination that you were involved in a sham marriage?

JAY: It was a fraudulent marriage, yes.

MR. AGNIFILO: Okay. And who was this person that you married?

JAY: It was my friend who's gay and who had a job working in the states for a long time but the business went under and at that time gay marriage was not legal.

MR. AGNIFILO: And so who suggested a fraudulent marriage?

JAY: My friend did. He asked if I would be able to help him.

MR. AGNIFILO: And you said okay; right?

JAY: Yes. I was 20 and I knew that I wasn't going to meet the person that I was supposed to be in love with, yes.

MR. AGNIFILO: But you didn't do it as a favor, did you?

JAY: I did do it to help my friend.

MR. AGNIFILO: And to get $18,000?

JAY: He did offer to pay me.

MR. AGNIFILO: And you -- and you got married to this person and he gave you $18,000; right?

JAY: That's incorrect.

MR. AGNIFILO: So how much did you get?

JAY: I think maybe half of that.

MR. AGNIFILO: Do you remember telling the FBI you got $18,000?

JAY: I did not say that.

MR. AGNIFILO: Let me direct your attention -- this is 3500-J-12, page three. I'm just going to show you to you.

You were interviewed by the FBI and the people from the U.S. Attorney's Office on December 27, 2018?

JAY: Yes.

MR. AGNIFILO: And this other person's name was Conrad?

JAY: Yes.

MR. AGNIFILO: And you said that Conrad paid you a total of $18,000; right?

JAY: I was offered that much. It was the original agreement, but the actual money that I obtained was not that amount.

MR. AGNIFILO: Do you remember telling the FBI, though, that you were paid a total of approximately $18,000?

JAY: I don't remember exactly what I said, but I said that that was the original agreement.

MR. AGNIFILO: So, you're saying what you told the FBI is that it was the original agreement, but you got paid something less; that's what you're saying now?

JAY: Yes.

MR. AGNIFILO: Do you remember being in an interview with people from the United States Attorney's office, some of whom are at the table here and Special Agents from the FBI?

MR. LESKO: Objection.

THE COURT: Sustained.

BY MR. AGNIFILO:

MR. AGNIFILO: Do you remember telling the FBI specifically that you were paid, not offered, a total of $18,000?

MR. LESKO: Objection.

THE COURT: Sustained. Asked and answered.

BY MR. AGNIFILO:

MR. AGNIFILO: So, as you sit here today, what are you saying you were paid?

JAY: Like, I don't know exactly what the amount was, but it was less than 18,000.

MR. AGNIFILO: And was that honest? Entering a fraudulent marriage, was that honest?

JAY: No, that wasn't the right thing to do.

MR. AGNIFILO: And the matter was investigated by federal agents; right?

JAY: Yes.

MR. AGNIFILO: And you were interviewed by the federal agents; right?

JAY: Not afterwards. Only the initial interview to try and obtain it.

MR. AGNIFILO: So how many times were you interviewed by federal agents in connection with your fraudulent marriage?

JAY: Only the initial attempting to get the license interview.

MR. AGNIFILO: And you lied to the agents; right?

JAY: Yes.

MR. AGNIFILO: What did you lie about?

JAY: That we were in a real, romantic relationship.

MR. AGNIFILO: So, when -- and where did this happen? Where was this interview?

JAY: In Los Angeles, I believe.

MR. AGNIFILO: At a government office; right?

JAY: Yes.

MR. AGNIFILO: And, so, you were summoned down there to be interviewed by the federal agents in connection with this marriage; correct?

JAY: We had a date to meet with the people there to try to obtain the visa, yes.

MR. AGNIFILO: And you had a plan with Conrad that you were going to go down there and lie to the agents, right?

JAY: That was -- the plan was to -- yeah, that was that.

MR. AGNIFILO: And that's what you did. You went down and you lied to the agents and you had this fraudulent marriage; correct?

JAY: Yes.

MR. AGNIFILO: And you didn't tell the agents that you were doing it for money; right?

JAY: No, or that he was gay.

MR. AGNIFILO: Or that you were in love with him and wanted to marry him; right?

JAY: Correct.

MR. AGNIFILO: Your Honor, nothing else.

THE COURT: Redirect?

RedirectRedirectJay — Redirect Jay Mark Lesko

REDIRECT EXAMINATION BY MR. LESKO:

MR. LESKO: I just have a few questions. Mr. Agnifilo showed you this card that you provided the defendant, Government's -- strike that. Defense Exhibit 1002-A, I believe?

MR. LESKO: Why were you in Albany in late April?

JAY: To get the rest of my things.

MR. LESKO: At that time, at the end of April, did you know that the defendant was the head of DOS?

JAY: I had the suspicions that he was.

MR. LESKO: But did you know?

JAY: I wasn't completely sure that it was him.

MR. LESKO: And did DOS still have your collateral?

JAY: Yes.

MR. LESKO: Were you worried about that?

JAY: Yes.

MR. LESKO: Mr. Agnifilo asked you about providing the collateral from the other people that you screenshotted (sic) off of Dropbox. Do you remember that?

JAY: Yes.

MR. LESKO: You said you gave it to your ex-boyfriend?

JAY: Yes.

MR. LESKO: You said you gave it to him for safety measures. Do you remember that?

JAY: Yes.

MR. LESKO: What did you mean by that?

JAY: What I mean by that is that I didn't know how far these people were willing to go and just in case something were to happen to me, I wanted that evidence to be somewhere, somewhere else other than on me in case of something happening.

MR. LESKO: You were asked some questions about whether or not you were honest. Do you remember that?

JAY: Yes.

MR. LESKO: Do you think it was honest that you were not told that the defendant was the head of DOS?

MR. LESKO: Do you think it was honest that your collateral was kept?

MR. LESKO: Do you think it was honest that you were ordered to have sex with the defendant?

MR. LESKO: No further questions, Your Honor.

MR. AGNIFILO: Very briefly.

RecrossRecrossJay — Recross Jay Marc Agnifilo

RECROSS-EXAMINATION BY MR. AGNIFILO:

MR. AGNIFILO: Just to be clear, you were never ordered to have sex with the defendant; right?

JAY: My feeling of what that assignment was, was to have sex with Keith.

MR. AGNIFILO: I'm talking about the words, I'm not talking about your feeling. The words were to seduce Keith; right?

JAY: Those were the words she used.

MR. AGNIFILO: And you said that you kept the other people's collateral for safekeeping by giving it to your ex-boyfriend. Did you go to the police at that point?

MR. AGNIFILO: Nothing further.

THE COURT: Anything further?

THE COURT: All right. The witness is excused.

You may stand down.

(Witness excused.)

THE COURT: The Government may call its next witness.

Continue to next page4.Anthony Valenziano — Direct (Part 1)