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NXIVM— Case Archive
2019 Federal Trialtrial-daytrial-dayMark LeskoMarc Agnifiloclosing_argumentrebuttal_closingjury_instructionsDay 27 - June 18, 2019The defense completed its closing, and the prosecution delivered its rebuttal on the alleged enterprise, forced labor, and DOS. The court read final jury instructions and authorized deliberations to begin the next morning once all 12 jurors were present.
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Day 27 - June 18, 2019

Defense Closing, Prosecution Rebuttal, and Final Jury Instructions

Judge Nicholas G. Garaufis
5Proceedings
4Pages
0Witnesses
221Lines
1Sidebars
Day 27 of 29
Appearing:
Mark Lesko Marc Agnifilo

The defense completed its closing, and the prosecution delivered its rebuttal on the alleged enterprise, forced labor, and DOS. The court read final jury instructions and authorized deliberations to begin the next morning once all 12 jurors were present.

Full day summary

Marc Agnifilo completed the defense closing by disputing the government's forced-labor theory and portraying DOS as a women's organization intended to foster connection rather than commercial sex. He urged jurors to favor contemporaneous communications over former members' later assessments. Addressing Camila, he emphasized that she had not testified and challenged the connection between her photographs and the alleged racketeering enterprise. He concluded that disapproval of Raniere's conduct could not substitute for proof of each statutory element beyond a reasonable doubt. In rebuttal, Mark Lesko argued that testimony and exhibits supported the charges. He identified the alleged enterprise as Raniere and his inner circle, not NXIVM or DOS themselves. He reviewed alleged racketeering acts, characterized Daniela's confinement as defendant-controlled labor, and argued that collateral and sexual assignments contradicted the defense's account of DOS. He corrected his chronology to place Nicole's assignment in 2016, not 2017, and requested a guilty verdict. Judge Garaufis and his law clerks read the final jury charge covering seven counts and eleven alleged racketeering acts. The instructions addressed the government's burden, coercion, forced labor, commercial sex acts, and the distinct racketeering requirements, including unanimous agreement on at least two specific acts for Count Two. The judge corrected a racketeering-act reference and said the written charge would be corrected. Jurors were told they could begin deliberations the next morning only once all 12 were present. Counsel were directed to coordinate exhibit preparation. Deliberations did not begin in the supplied record.

1. Closing Argument — Defense (Part 2)

Marc Agnifilo concluded the defense closing on Day 27, challenging the prosecution's proof before a five-minute recess ahead of rebuttal.

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Closing
Closing Argument - Marc Agnifilo (Continued) Marc Agnifilo
35 lines

Agnifilo concluded the defense closing by challenging the commercial-sex and enterprise theories, questioning retrospective accounts, and emphasizing reasonable doubt.

Highlights

Closing Argument - Marc Agnifilo (Continued)otherThe defense argued that DOS was intended to foster connection and a broader women's organization, not commercial sex, drawing on recordings, messages, and accounts of sexual contact.Closing Argument - Marc Agnifilo (Continued)otherAgnifilo challenged the connection between the Camila images and the alleged enterprise, arguing that the record did not show viewing or sharing and that the images lacked a common purpose with other alleged racketeering activity.Closing Argument - Marc Agnifilo (Continued)“We convict people in this country because Congress passes a statute with certain elements and that statute with the elements that Congress passed is violated and the proof of that violation is proven to a jury like yourselves beyond a reasonable doubt.”— Marc AgnifiloFrames the final appeal around statutory elements rather than disapproval of Raniere's conduct.

2. Rebuttal Closing Argument — Prosecution

Mark Lesko delivered the government’s rebuttal and requested a guilty verdict. The court then declared arguments complete and announced jury instructions after a short break.

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Rebuttal
Rebuttal Closing Argument - Mark Lesko Mark Lesko
39 lines

Lesko rebutted the defense's enterprise, credibility, and consent arguments, requested a guilty verdict, and corrected the year of Nicole's assignment.

Highlights

Rebuttal Closing Argument - Mark LeskootherLesko defends the government's witnesses through corroboration and identifies the charged enterprise as the defendant and his inner circle, rather than NXIVM or DOS themselves.Rebuttal Closing Argument - Mark Lesko“NXIVM is not the charged enterprise. DOS is not the charged enterprise. The defendant and his inner circle are the charged enterprise, a group associated in fact, that's the charged enterprise.”— Mark LeskoStates the government's answer to the defense's challenge to a common enterprise purpose.Rebuttal Closing Argument - Mark LeskootherLesko challenges defense descriptions of DOS as trusting or therapeutic, relying on collateral, sexual assignments, recordings, and communications.

3. Final Jury Instructions

Judge Garaufis and his law clerks delivered final jury instructions covering seven counts, eleven alleged racketeering acts, and rules for deliberations.

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Jury Instruction
Final Jury Instructions
101 lines

The court delivered the final charge on seven counts and eleven alleged racketeering acts, then explained unanimity, verdict forms, and deliberation rules.

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Jury Charge Wording and Typographical Corrections
26 lines

Counsel reviewed remaining wording and typographical issues in the jury charge, including identification of Nicole in the Count Six sex-trafficking instruction.

Highlights

Final Jury Instructionsjury eventThe judge instructed that the government must prove every element beyond a reasonable doubt and that the defendant has no obligation to prove innocence or produce evidence.Final Jury Instructionsjury eventThe charge defined the RICO enterprise and pattern requirements, including unanimous agreement on at least two specific racketeering acts for Count Two.

4. Deliberation Start and Exhibit Preparation

The court gave instructions for deliberations to begin the next morning, and counsel discussed final exhibit preparations before adjournment.

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Procedural
Deliberation Start and Exhibit Preparation
20 lines

Jurors were told to begin deliberations the next morning once all 12 were present. Counsel would coordinate exhibits and return at 9:00 a.m.

Highlights

Deliberation Start and Exhibit Preparationjury eventThe court instructed jurors that they could begin deliberations the next morning without returning to the courtroom, but only once all 12 were present.
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