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2019 Federal TrialtranscripttranscriptMark Vicente — Direct (Part 4) - Day 4 - 2019 Federal TrialMark Vicente continued direct examination on Day 4, discussing his government agreement, Raniere’s authority, NXIVM’s internal practices, his participation in SOP Complete, and concerns about Allison Mack.
Mark LeskoMoira Kim PenzaMarc AgnifiloTeny Rose GeragosNicholas G. GaraufisMark VicenteTHE COURTMS. PENZAMR. AGNIFILOJurorsMark VicenteMR. LESKOMS. GERAGOSCourt Clerksidebarproceduraldirect
3 pages·1 witness·1,581 lines
Mark Vicente continued direct testimony about Raniere's authority, SOP practices, and concerns he raised within NXIVM. The court limited how jurors could use certain statements he reported. Raw photo-session videos were admitted, and Vicente described internal criticisms alongside his continued loyalty to Raniere.
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ProceduralProc.Appearances and Return of Mark Vicente to the Stand

(In open court; Jury not present.)

THE COURT: Let's start with appearances.

MS. PENZA: Moira Penza, Tanya Hajjar, and Mark Lesko for the United States. Good morning, Your Honor. Also at counsel table is Special Agent Michael Weniger with the FBI and paralegal specialist, Teri Carby.

THE COURT: Good morning.

MR. AGNIFILO: Good morning, Your Honor. Marc Agnifilo, Teny Geragos and Paul DerOhannesian for Keith Reniere, who is with us in court this morning.

THE COURT: Okay, thank you. Please be seated.

Let's bring in witness, please.

(Whereupon, the witness resumes the stand.)

DirectDirectMark Vicente — Direct Mark Vicente Mark Lesko

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

THE COURT: All right, let's bring in the jury, please.

(Jury enters the courtroom.)

THE COURT: Please be seated.

Good morning, members of the jury.

JURORS: Good morning.

THE COURT: Before we get started today, let me just give you certain minor scheduling changes this week.

Today, the afternoon session will goes from 2 p.m. to 4 p.m. without a break, and we'll break for the day at 4 p.m.

And then on Friday, which is a trial day, we will go until 2 p.m., and that will be end of the trial day. So it'll be basically a half day, and we'll work in lunch on Friday as well.

Mr. Reccoppa will figure that out with the restaurant downstairs as to what a good time will be.

So those are the changes for this week, and you can make whatever adjustments to your activities that you need to make.

So at this point we're going to continue with the direct examination of the witness.

Mr. Lesko, you may continue.

I remind the witness that he is still under oath.

MARK VICENTE: Yes, Your Honor.

THE COURT: Go ahead, sir.

MR. LESKO: Thank you.

DIRECT EXAMINATION (Continued)

MR. LESKO: Good morning, Mr. Vicente.

MARK VICENTE: Good morning.

MR. LESKO: Do you have an agreement with the government that relates to your testimony?

MR. LESKO: If I could publish this just to the witness, Your Honor?

THE COURT: Yes, go ahead.

MR. LESKO: Okay, I'm showing you what's been marked for identification as Government Exhibit -- is that coming up -- Government Exhibit 3500-MV-58.

I'll scroll through it so you can take a look at the first page.

Do you recognize that first page?

MR. LESKO: All right, I'll show you the second page.

The second page?

MR. LESKO: Is that a copy of the agreement with the government?

MR. LESKO: Is that your signature on the second page?

MR. LESKO: Is that my signature?

MARK VICENTE: I think so.

MR. LESKO: Is that your attorney's signature?

MR. LESKO: Your Honor, we've offered Government Exhibit 3500-MV-58.

MS. GERAGOS: No objection, Your Honor.

THE COURT: All right. 3500-MV-58 is received.

MR. LESKO: Thank you, Your Honor.

(Government Exhibit 3500-MV-58, was received in evidence.)

(Exhibit published.)

MR. LESKO: What does this agreement provide?

MARK VICENTE: My understanding is the agreement provides that anything I said to the prosecutors and law enforcement in the past, and also anything I'd say in this court that I will not be prosecuted for unless I lie about something.

MR. LESKO: Okay. When you initially met with law enforcement, did you have an understanding that there would be this agreement in place?

MARK VICENTE: I did not.

MR. LESKO: And you're represented by a criminal attorney; is that right?

MR. LESKO: Do you have another attorney in connection with this matter?

MARK VICENTE: In this -- sorry. What do you mean?

MR. LESKO: Do you have another attorney that's representing you?

MARK VICENTE: Ah, yes. Neil Glazer. N-E-I-L.

MR. LESKO: And it's -- why don't you spell the last name.

MARK VICENTE: G-L-A-Z-E-R.

MR. LESKO: And who is Neil Glazer?

MARK VICENTE: Neil Glazer is civil attorney with a firm in Philadelphia.

MR. LESKO: And is this civil attorney representing you in civil matters relating to Mr. Raniere?

MARK VICENTE: In potential civil matters, correct.

MR. LESKO: I'd like to draw your attention to approximately 2008.

In that year, did anyone leave the NXIVM community?

MARK VICENTE: 2008, I believe was when nine members of the community left. They were -- among them were Barbara Bouchey, Susan Dones, and there were seven others as well that left.

MR. LESKO: And why did these nine women leave NXIVM?

MARK VICENTE: My understanding is that they had concerns about the way Mr. Raniere's running things. About him sleeping with members of the executive board and other members.

There were some issues about monies that were owed to them.

That's my general understanding at the time.

MR. LESKO: Did Mr. Raniere offer any explanation regarding the nine women leaving?

MARK VICENTE: He explained to me that there were a number of issues with these women. They were -- they basically engaged in criminal behavior. They were -- philosophically they were socialists, and there were all kind of issues with them. They were, you know, being suppressive. That was what I was told.

MR. LESKO: What was the nature of the alleged criminal behavior, if you know?

MARK VICENTE: I believe something to do with some monies that I was told they wanted that they shouldn't have.

MR. LESKO: Was their that leaving, the nine women leaving, described in a certain way in NXIVM?

MARK VICENTE: Well, they were described as enemies. As being suppressive. As enemies of the company and enemies of Raniere as well.

MR. LESKO: Was the term "defectors" used?

MARK VICENTE: It was, yes.

MR. LESKO: Who used that term?

MARK VICENTE: I believe Raniere and others used that term. I believe that Nancy Salzman used that term as well.

MR. LESKO: This issue regarding monies owed, how was that issue characterized in the NXIVM community?

MARK VICENTE: It was characterized as extortion, an extortion attempt. That those monies were not owed to them and it was just extortion. They were trying to get money for something.

MR. LESKO: Were civil actions filed against the defectors?

MARK VICENTE: As far as I know, civil actions were filed against -- at the time, I believe it was against at least Barbara Bouchey.

I don't recall -- at the time I don't recall about the others.

MR. LESKO: Were members of the NXIVM community asked to do anything to respond to the nine women Leaving?

MR. AGNIFILO: Object to form of the question.

THE COURT: Sustained.

MR. LESKO: Were you asked to take any action against the nine defectors?

MARK VICENTE: I was asked to write down the -- any damages I believed I personally got from them leaving -- actually, specifically, Barbara Bouchey -- to see if I could tally like what were the losses to my ability to enroll that would then be passed on to -- I don't recall if it was -- if it was the Attorney General or lawyers. I can't remember that.

MR. LESKO: Were you asked to contact law enforcement?

MARK VICENTE: I was. I was asked to meet with law enforcement.

I'm just not certain if it was regarding this matter or another matter.

MR. LESKO: Did you participate in any efforts of damage control regarding the nine defectors?

MARK VICENTE: I did. I was asked if I would go to -- the center that was it was, in essence, closing down or imploding was the Tacoma Center, and I was asked to go there to do damage control with the remaining people that were there and explain the company's position as best as I could.

MR. LESKO: Who asked you to do that?

MARK VICENTE: It was both Raniere and Nancy Salzman. And then I believe myself. I think it was Nancy Salzman and Lauren Salzman went. Also possibly Barbara Jeske went to Seattle to meet with the members of the center.

MR. LESKO: And when you say "Tacoma," are you referring to Tacoma, Washington?

MARK VICENTE: Tacoma, Washington is where center was.

MR. LESKO: Is that near Seattle?

MARK VICENTE: That is, yes.

MR. LESKO: And were people leaving that center?

MARK VICENTE: They were.

MR. LESKO: As a result of the nine defectors?

MARK VICENTE: Yes. That was my understanding, as a result of what they were hearing.

MR. LESKO: Were there any other actions within NXIVM taken against Barbara Bouchey?

MARK VICENTE: Well, she was spoken of very badly, very negatively. She was spoken about as being suppressive. That she had all these issues.

I believe there was some legal action taken. I don't recall exactly what it was. That's my understanding at the time.

THE COURT: Can I just ask -- excuse me, Mr. Lesko.

When you say "suppressive," what do you understand that term to mean?

MARK VICENTE: Suppressive, if I were to translate it, is like an evil person; you know, somebody who is -- is -- the way it was defined in the system, suppressive is somebody who suppresses the goodness of the human spirit, which implies they're a bad person or they're doing bad actions.

But the way suppressive was used is basically against the company, negative towards goodness. That we were good and they were bad.

THE COURT: All right. Thank you.

MR. LESKO: Was there a general feeling within the NXIVM community about the nine defector after they left?

MR. AGNIFILO: Objection.

THE COURT: I'm sorry, I didn't catch the question.

MR. LESKO: Was there a general feeling within the NXIVM community about the nine defectors after they left?

THE COURT: Sustained.

MR. LESKO: Did you have a feeling about, or a perception of the nine defectors after they left?

MARK VICENTE: I did have a perception. And I had a conversation with Raniere when he said to me, you know, in essence, the problem was they never got through their issues. They were -- he called them socialists. They believed in, you know, a socialist-type doctrine.

We had conversations that he would release a new curriculum now that they've left. We had those kind of conversations.

MR. LESKO: Did your role change at NXIVM after the nine defectors left and the videotapes were altered?

MARK VICENTE: I was promoted to the rank of green. And I was praised as being somebody who was very loyal and stood by the company and stood by Raniere.

MR. LESKO: Who specifically praised you?

MARK VICENTE: I believe at the time it was Nancy Salzman, Lauren Salzman. There may have been other people. I recall Raniere thanked me for my actions.

MR. LESKO: Were you asked to join the executive board?

MARK VICENTE: I was. Shortly after that I was invited up to what would be the new executive board, which, you know, I saw as a promotion at the time.

MR. LESKO: Did you have an understanding as to why you received all these promotions?

MARK VICENTE: My general understanding was that, you know, my loyalty was seen as some kind of maturity in the company or some sign of loyalty. I said that both ways.

Yeah, I think it was loyalty.

MR. LESKO: Was loyalty important to the defendant?

MARK VICENTE: Extremely.

MR. LESKO: Along with your joining the executive board, were other changes made to the executive board at that time?

MARK VICENTE: Well, the old executive board was disbanded, and this new board was created and was finally formed of myself and five others.

MR. LESKO: So if you could just remind us, who was on the old executive board?

MARK VICENTE: I believe the old executive board was Barbara Bouchey, Edgar Boone, Loretta Garza, Lauren Salzman, and Nancy Salzman was also head of it. I don't recall the others right now.

MR. LESKO: Who was part of the new executive board?

MARK VICENTE: So the new exhibitive board was myself, Emiliano Salinas, Alex Betancourt, Clare Bronfman, Karen Unterreiner. And then I think a week or two later Lauren Salzman joined the board as well.

MR. LESKO: Showing you what's been admitted as Government Exhibit 3.

(Exhibit published.)

MR. LESKO: Do you recognize that person?

MARK VICENTE: Yes. That is Alex Betancourt.

MR. LESKO: Was Mr. Betancourt a member of the new executive board?

MARK VICENTE: Correct. He was.

MR. LESKO: Was the defendant part of the new executive board?

MARK VICENTE: Well, the defendant wasn't part of it, the defendant was at the head of it.

The way it worked was that it was -- the structure was Raniere, Nancy Salzman, and then the executive board was this sort of public facing structure.

MR. LESKO: So just for the record you're gesturing top down?

MR. LESKO: Is that how that works?

MARK VICENTE: The authority at the very top was Raniere. Theoretically, Nancy Salzman was supposed to be in charge of the executive board. There were other things going on, so on paper that was true, but not entirely.

And then -- so below Raniere and below Nancy Salzman was the executive board.

MR. LESKO: Did the defendant attend executive board meetings?

MARK VICENTE: Yes. He did.

Generally when the -- when the executive board was in town in Albany and having meetings, he would -- quite often he would attend.

MR. LESKO: Now, this executive board, was it an executive board of NXIVM, or of ESP, or of another entity?

MARK VICENTE: So my understanding it was both. I sometimes was not clear, because ESP and NXIVM were used interchangeably. I think at times my understanding was both.

MR. LESKO: Did the executive board meet regularly?

MARK VICENTE: We met every week, either a conference call or video conference call or, as I said, if we were in Albany together, we would be in person pretty much always at Nancy Salzman's house.

MR. LESKO: Did you attend those meetings when you were in Albany?

MR. LESKO: And what were the responsibilities of the executive board when you were a member of it?

MARK VICENTE: Well, we were generally responsible for all the -- you know, all the activities in the company.

It's a bit more complicated than what I'm saying, but we were responsible for all the divisions -- I mentioned before the five colors -- for the health of the company, the physical health of the company, policies, making sure that policies were occurring, fielding requests for changes in policy.

In essence, the overall health of the -- of the entire company.

MR. LESKO: Did the executive board have the authority to make policy changes?

MARK VICENTE: We did not. We could suggest policy changes, but we didn't have the authority to make them. We had to check. We had to go above us for confirmation.

MR. LESKO: Who had the ultimate authority to make policy changes?

MARK VICENTE: Raniere had the ultimate authority.

MR. LESKO: Did the executor board participate in events like coach summits or V Week?

MARK VICENTE: We did.

Coach summits were generally run by us. We were considered the responsible parties who run them.

At V Week, members of the executive board and other greens were responsible for running certain activities at V Week. So certain, you know, areas of endeavor.

We were also seen as mentors that would help if there were any issues that came up. But we were seen as responsible for a great many of the activities of the company.

MR. LESKO: We talked about authority to change policies.

Did the executive board have ultimate decision-making generally?

MR. LESKO: Who had ultimate decision-making authority in NXIVM?

MARK VICENTE: Well, Raniere had the ultimate authority. And I mean as far as I can recall, anything that was outside of the policy would have to be referred up to him to discuss and decide whether it should go or not.

MR. LESKO: What sort of decisions were referred to the defendant by the executive board?

MARK VICENTE: Changes in the way the education might be done. Changes to the format of things in the education. Discussions about, you know, centers opening or where centers were.

And we had a lot of discussions about sales as well and, you know, commerce and things that needed to occur.

MR. LESKO: What was your understanding of the view of the defendant within the NXIVM community?

MARK VICENTE: Well, generally speaking, it was -- he was seen with awe, and enormous respect. You know, most people that ever got to see him had already gone through a lot of the education.

So I think people were generally awe struck. They saw him as the wisest person there, the person who had the most superior, you know, ethical morale understanding of humanity.

I mean, in some ways, you know, akin to, you know, a king or a spiritual leader.

MR. LESKO: Was there a group within NXIVM that was particularly trusted and close to the defendant?

MARK VICENTE: There were a lot of -- there was a circle of people that were individually related to him in different ways that was much closer to him, which didn't necessarily correlate with rank necessarily.

But, yes, there was a group of people that were very close to him, and some had been very close for a long, long time.

MR. LESKO: Would this trusted group socialize with the defendant?

MARK VICENTE: Yes. When he did that kind of thing, they would, yes.

MR. LESKO: And were would social outings typically occur? Where would social outings typically occur?

MARK VICENTE: They could be at Nancy Salzman's house. If there were Christmas dinners, they could be at a farm owned by Clare Bronfman. There would be socializing happening there, different events and parties.

A number of times the people very close to him were invited to the island of Fiji to spend time with each other with him as well.

MR. LESKO: Were some of the gatherings you just mentioned not opened to the rest of the NXIVM community?

MARK VICENTE: Some of the others were open. For instance, events at Nancy Salzman house, private parties were not open. Fiji was not an open invitation. It was a very specific invitation to specific people.

MR. LESKO: Was this trusted group a formal or informal group within NXIVM?

MARK VICENTE: No, it was informal.

MR. LESKO: Did members of the trusted group have a special positon of trust and privilege with the defendant?

MR. AGNIFILO: Object to form of the defendant.

THE COURT: You may answer that.

MARK VICENTE: Could you ask the question one more time, please.

MR. LESKO: Did members of the trusted group have special positions of trust and privilege with the defendant?

MARK VICENTE: Yes, they -- they got to spend a lot more time with him. Often they would go and ask him questions. They would, in essence, be the go-between sometimes between the executive board and him. Sometimes people would be the go-between if they had the access to him. If they had, you know, his phone number, they could call him any time.

And then often they seemed to also get promoted in ways that were to me not consistent with the actual stripe path by virtue of their closeness to him.

MR. LESKO: Did members of the trusted group, in your opinion, seek the defendant's approval?

MARK VICENTE: Yes, very much.

MR. LESKO: Was seeking of the defendant's approval important in NXIVM?

MARK VICENTE: Very important.

MR. LESKO: What were some of the ways in which you earned the defendant's approval?

MARK VICENTE: Well, I believe that -- I believe that my involvement with the tapes was one way. I believe that my going to bat for the company in 2000 -- '8 or '9. I believe that my defense of him in 2012 when there was a series of articles that came out.

And also I took the step to go to Mexico and begin working on a documentary, which was pretty risky for myself and others, and I think all those things -- and I think also just my -- my deference and my obedience.

MR. LESKO: Just to be precise, was the trusted group different than the executive board?

MARK VICENTE: They didn't necessarily correlate.

MR. LESKO: Was everyone who was high-ranking within ESP in the trusted group?

MARK VICENTE: I don't believe so, no.

MR. LESKO: Did some members of the trusted group have close intimate relationships with the defendant?

MARK VICENTE: I believe so.

MR. LESKO: Now you mentioned that certain individuals received promotions as a result of being in the trusted group.

Could you give us an example or two of that happening?

MARK VICENTE: Yes. In the case of Marianna, who was very close to Raniere. One example that seemed to really concern everybody is that as -- you know, in any rank, in any color, there were stripes and you had to -- you had to do certain things to achieve those stripes.

And in her case, when he decided to jump her two stripes, and she didn't actually meet the qualifications, and everybody was completely confused as to how that could happen.

I was told that he had ultimate authority over stripe paths, so he could do whatever he wanted.

THE COURT: I'm sorry.

THE COURT: Sustained as to the last statement -- last sentence.

Go ahead, Mr. Lesko.

MR. LESKO: So could you, without reference to the last sentence --

MR. LESKO: Could we read back the last sentence, please?

THE COURT: Just ask another question.

MR. LESKO: So is there another example a member of the trusted group getting a promotion?

MARK VICENTE: Other than what I said?

Well, myself. I don't know, I'm not -- I wasn't clear sometimes what are the requirement for the green. You know, I think it had a lot to do with loyalty.

MR. LESKO: Did any member of the trusted group increase the potential for financial advantages?

MARK VICENTE: Yes. Because if it was related to rank in some way, yes, absolutely.

MR. LESKO: When you initially became involved in ESP in approximately 2005, 2006 time frame, do you recall who was in the defendant's trusted group?

MARK VICENTE: When I first came in, my recollection is -- sorry, a lot of names -- Pam, Marianna, Kristin, Dawn, Edgar.

I'm sorry, I'm just referencing a particular private event. That's all I can think of right this second.

MR. LESKO: Was Pam, Pam Capers?

MR. LESKO: Kristin, Kristin Keeffe?

MR. LESKO: Edgar, Edgar Boone?

MR. LESKO: And Dawn, Dawn Morrison?

MARK VICENTE: Dawn Morrison.

MR. LESKO: Was Lauren Salzman a member of the trusted group?

MARK VICENTE: Yes, she was.

MR. LESKO: Was Nancy Salzman a member of trusted group?

MARK VICENTE: Yes, she was.

MR. LESKO: Was Sara Bronfman a member of the trusted group.

MARK VICENTE: Yes, she was.

MR. LESKO: Was Clare Bronfman a member of trusted group?

MR. LESKO: Was Monica Duran a member of the trusted group?

MR. LESKO: Was Karen Unterreiner a member of the trusted group?

MR. LESKO: Was Daniella Padilla a member of the trusted group?

MR. LESKO: Was Barbara Bouchey a member of the trusted group?

MR. LESKO: And was Sarah Peters a member of the trusted group?

MARK VICENTE: Yes, she was.

MR. LESKO: After you were essentially promoted in the 2008, 2009 time frame, did you believe that you were included in the trusted group?

MARK VICENTE: I did. I thought I -- yes, I thought I was as well.

MR. LESKO: When you were promoted to senior proctor and a green sash in 2009, what was the benefit to you in that role?

MARK VICENTE: Well, as a senior proctor and green, I now had the authority to open centers and to grow centers and to own centers.

So that allowed me the opportunity, along with Sarah to open the Vancouver center. Well, to begin developing towards a full center then be able to officially open it.

So a person with a green connection could actually build areas, build countries and, you know, build centers.

MR. LESKO: And would that result in a potential financial benefit to you?

MARK VICENTE: Potentially, yes. Because what happened is that once you were -- once you had a hundred paying Ethos members, you could call yourself a center at which point there was a certain commission that you would get.

Understand up to this point we were paying out of pocket for everything; for all the intensives, for the space, for rent, electricity, et cetera.

Once you reached a hundred, you could now get what was termed a "center bonus"; where you would get 10 percent of the gross, which you could then use to offset what you were spending on the center. And the idea was that if you kept on growing and growing into hundreds and hundreds of members, you could potentially earn a lot of money.

MR. LESKO: Showing you what's admitted as Government's Exhibit 20.

(Exhibit published.)

MR. LESKO: Is that the Sarah that you referred to?

MARK VICENTE: That is Sarah.

MR. LESKO: And so you started the Vancouver center with Sarah?

MR. LESKO: Why couldn't Sarah open that center on her own?

MARK VICENTE: At that point she was an orange or a proctor, so she didn't have the ability. We -- we had partnered up, and when I became a green, that allowed us to take that step.

MR. LESKO: Now you mentioned that Edgar Boone was no longer a member of the executive board after approximately 2009; is that correct?

MR. LESKO: Did Edgar Boone remain part of the defendant's trusted group?

MARK VICENTE: I think so. He had a lot more sort of a personal relationship with him.

Raniere was mentoring him in matters that seemed more spiritual or referred him to a lot of different books to read.

So there was some kind of personal relationship, but it wasn't as -- it wasn't connected to the executive board any more.

MR. LESKO: Was anyone in the leadership ranks at NXIVM not trusted?

MARK VICENTE: Well, I know at a certain point -- one second.

I know at a certain point that Esther Carlson was not trusted. And I was told as much in the executive board.

My sense is that there were people that were in and then were out. People that were out maybe they did something or they didn't do something, or there was some issue. And I would at first press for more information and then realize, you know, that based on not getting answers I realized it was above my pay grade.

MR. LESKO: Were there people within NXIVM who had close access to the defendant outside of the formal organizational structure?

MARK VICENTE: Well, there were people that were not high-ranking that had access.

My sense is anybody who had close access that generally speaking had gone through some kind of education, unless they were, you know, a PR person or -- or, you know, a political person, or perhaps a journalist.

MR. LESKO: Did Cathy Russell have access to the defendant?

MR. LESKO: What was Cathy Russell's role in NXIVM?

MARK VICENTE: So my understanding is she was part of the accounting department, but slightly separate. You know, at times she was termed bookkeeper. She -- but, again, separate from the -- connected to the accounting department, but somehow separate.

She would answer to Emiliano on certain things, because if I spoke to her about certain things, she would check with him.

She also managed something called movie honor, which was, you know, once a week showing movies about great people, people with great philosophies.

And also she was the person that was also responsible for building his executive library and taking care of the library.

MR. LESKO: And the library is physical location?

MARK VICENTE: It's a physical location in 8 Hale Drive upstairs.

MR. LESKO: Did Clare have access to the defendant, Clare Bronfman?

MARK VICENTE: She did.

She, you know, although the executive board, you know, was working with him, she tended to have a lot more access, so she would tend to report what we discussed directly to him. She also was -- she ran the -- what is the termed the "legal department". She was also overseeing finances. She was overseeing admin and accounting.

MR. LESKO: Did you witness Clare Bronfman contacting the defendant?

MR. LESKO: How would that typically happen?

MARK VICENTE: Typically it would be a phone call or it would be in person. You know, they might meet somewhere, or might meet at Nancy Salzman's house.

I did a bunch of work where I got to see, you know, them interact, so they would talk a lot.

MR. LESKO: You mentioned Esther Carlson as not being trusted. I'm going to show you Government's Exhibit 13, which has been admitted.

(Exhibit published.)

MR. LESKO: Do you recognize that person?

MARK VICENTE: Yes, that's Esther Carlson.

MR. LESKO: You talked about access to the defendant.

Did members of the defendant's trusted group engage in one-on-one time with the defendant?

MARK VICENTE: Yes, they would be, you know, often seen walking with him, or there would be a lot of sidebars, I suppose, a lot of private discussions. Even when we'd have meetings, there would be a lot of private discussions that he was having with people and they'd be having discussions about I'm not sure what.

MR. LESKO: Did members of the trusted group, were they personally mentored by the defendant?

MARK VICENTE: Yes, they were.

MR. LESKO: How were members of the defendant's trusted group treated within the NXIVM community?

MARK VICENTE: They were treated with a lot of respect. It was seen as a -- I'm not sure what the word is exactly -- big deal. You know, if you were being personally mentored by him, or you got to spend personal time with him, that was a big deal. It wasn't ranked in the same way, it was almost a kind of social capital.

MR. LESKO: Who made the final determinations as to who advanced within ESP, within the rank structure?

MARK VICENTE: Well, it went through a system, so Lauren Salzman would make some determinations, but she would check with Raniere. He had the ability to veto something if he wanted to or to suggest something that wasn't going to be done. So in the end it was him.

MR. LESKO: Who was the ultimate decision maker regarding who would qualify as EMPs within NXIVM?

MARK VICENTE: Again, it was him. Because at one point I know a number of us were suggesting that people that were not EM7 should be paid as well. There was a general sense of agreement that this would be a good idea.

When it went to him for decision, he said "no, that was not going to happen." So in the end it was him.

MR. LESKO: Is there an example of the defendant making a decision regarding the EMPs that affected them financially?

MARK VICENTE: Well, that would be probably an example. It affected their potential earnings.

The standards kept on moving around, and a number of us, including myself, so you have people making no money when people, you know, in the outside world, so to speak, with less experience and less time in their craft, they're making hundreds of dollars an hour.

And there were many people that were struggling and if they could make some money at a lower EM level, it would have helped. But he vetoed that.

MR. LESKO: Did you discuss that decision with the defendant?

MARK VICENTE: I did. I don't recall his exact answer.

A lot of the way that I operated with him is when I asked questions and if he answered me in such a way that didn't necessarily make sense to me, I made the assumption, you know, given my lower rank, that there was something that he understood that I didn't.

He had a greater respect over the things than I did so, again, it was above my pay grade, or I just didn't have the intelligence to understand what he was saying.

MR. LESKO: Did NXIVM ever seek the defendant's approval for life decisions outside of the NXIVM set of programs?

MARK VICENTE: They did. I mean, there were examples of people traveling or wanting to go somewhere, or move somewhere. He would advise them on what to do, and they would go to him to seek advice.

MR. LESKO: Do you recall a specific example of that happening?

MARK VICENTE: I do.

There was one instance where I remember speaking to Nicky Clyne and saying, "No, why don't you fly to so and so" -- I don't remember exactly where it was -- and she said to me, Well, I need to check with -- she said, "I need to check with Keith first." And I said, "Why? You're just flying there." And she said, "No, I need to see what he says and I need to see who needs me."

And I remember saying to her like, "There's lot of people to take care of him, I don't think he needs you, what's the big deal?" And she couldn't give me a straight answer.

But I remember being confused as to why a simple decision had to be run by him.

MR. LESKO: You mentioned that seeking the defendant's approval was important.

What were some of the ways that members of the trusted group obtained the defendant's approval?

MARK VICENTE: Well, I think generally, again, loyalty was one way.

I think that, you know, he received a lot of gifts from people. Maybe that was another way. People would drive him around. I certainly did the same. Deference. Deference and respect.

MR. LESKO: What about public efforts to protect NXIVM? Is that a way to seek the defendant's approval?

MARK VICENTE: Yes, that was.

You know, if anybody's willing to speak out and speak on his behalf. You know, there was a number of, you know, speeches that I gave during my time there where, you know, I was -- I specifically named him, you know, in my speeches. And I did a TED talk once where I specifically named him.

Those are the kinds of things that people would do to, A, to make sure that, you know, he knew that, you know, yes, I respected him; B, because if I didn't, there would be the issue of, you know, I lack tribute, and I'm prideful, and I have all these problems and it would go on and on and on.

MR. LESKO: How about recruiting certain types of people?

MARK VICENTE: Yeah, people were -- you know, if you could recruit, you know heavy hitters, so to speak, people of influence, that was seen as, you know, very important.

And very early on I enrolled somebody from the De Beers family. That was seen to be a big deal. And then I enrolled a lot of movie stars; you know, film makers. That was seen as a big deal.

High net-worth individuals or people who had a large platform in the world, that was -- that was seen as something really good and, you know, I was often congratulated, and I think other people were as well when you enrolled certain people.

MR. LESKO: Did other members of the trusted group recruit these people of influence, we'll call them?

MARK VICENTE: Yes. You know, Sara Bronfman, Clare Bronfman, Emiliano Salinas, Alex Betancourt, Alejandro Gonzalez.

Those are some of the people that would enroll high net-worth individuals, and also people with a lot of political clout.

MR. LESKO: Do you recall an incident involving the defendant's neighbor that illustrated the type of person he respected?

MARK VICENTE: Yes. Actually, it wasn't -- I don't know if it was his neighbor, it may have been Nancy Salzman's neighbor.

But there was a time when there was one particular neighbor who really had a problem with us, with the company, and was very aggressive with Raniere and somebody stood in between Raniere and this person. It was a large -- large fellow, and basically, you know, put his body in between them.

And Raniere couldn't stop talking about it. Just talking about how, you know, amazing it was that this guy did this, you know, what amazing principles, what loyalty that kind of thing. But he spoke about it a lot.

MR. LESKO: Was a person's status or ranking within NXIVM tied to financial consequences?

MARK VICENTE: I'm not sure I understand the question.

MR. LESKO: Did high-ranking members of the NXIVM community have access to certain financial benefits?

MARK VICENTE: Well, yes, because the higher rank you were, the more were you able to do within the system.

You know, if you were at a certain rank and had the training, you could be a head trainer. As I said before, head trainers could make up to 30 percent of the gross intensive or, you know, EMPs; you know, the EMs, they could make a few hundred dollars an hour.

But, yes, the higher rank you were, it was tied to more money. And basically we were told this path is an entrepreneur path. You know, we want you to get to the point that you could make enormous amount of money, you know, put some effort in, create something, build something, and then, in essence, make money off that thing, almost in a passive kind of way.

MR. LESKO: You mentioned that NXIVM and its related companies received payments or fees from participants.

Do you recall how the company received those payments?

MARK VICENTE: How the specific companies received the payments from headquarters, so to speak?

MR. LESKO: How participants who paid to participate in NXIVM-related programs, how did they actually pay NXIVM?

MARK VICENTE: Oh, there were different ways.

There was an online system with a -- that could take credit cards. So it was either a credit card. Some people would sometimes bring checks to intensives. And then there was also cash.

MR. LESKO: And did the participants in the various programs come from all over the United States?

MARK VICENTE: They did. And beyond.

MR. LESKO: So there were foreign participants as well?

MR. LESKO: How were payments received in the programs that took place in Mexico?

MARK VICENTE: Well, there whether two different systems is my understanding. Pre, I think, 2015, 2016, people would either use the online payment system. But in Mexico, a number of people would pay cash. So there was no way to -- to put cash in the system, so my understanding is that cash came to Albany to be put in.

MR. AGNIFILO: Your Honor, I would object unless he has personal knowledge.

MR. LESKO: Do you have perjury knowledge that the individuals within NXIVM, within the community, actually brought cash from Mexico to Albany?

MARK VICENTE: I do. I was in an executive board meeting once where a lot of cash was handed over. I believe it was handed -- I think it was handed to Nancy Salzman.

MR. LESKO: And who handed that cash over?

MARK VICENTE: It was either Emiliano Salinas or Alex Betancourt, one of the two. Because what I was understanding was that when they came back from -- when they came to Albany, which is usually once a quarter, those monies would need to come to Albany.

MR. LESKO: So they would transport cash from Mexico to Albany?

MARK VICENTE: That's my understanding.

MR. LESKO: Do you know if that cash was reported or deposited in the bank account?

MARK VICENTE: I have no idea.

MR. LESKO: Do you know if cash was held by anyone within the NXIVM community?

MARK VICENTE: I don't know.

MR. LESKO: Are you familiar with the term "TLL"?

MR. LESKO: What does that term or those letters refer to within the NXIVM community?

MARK VICENTE: My understanding is that TLL was a code word for cash. It was apparently somebody's initials, but I don't know what the significance was, other than it was a code name.

MR. LESKO: Do you have -- did you have an understanding as to why a code name was used for cash?

MARK VICENTE: I only have an assumption, I don't have an exact understanding.

MR. LESKO: Did participants in the various NXIVM programs travel to Albany from elsewhere to participant in those programs?

MARK VICENTE: They did.

So as I said before, all over the U.S., from Canada from Mexico, Guatemala, Costa Rica, Europe, Australia. I'm sure there's continents I missed.

MR. LESKO: And did you yourself travel, in connection with your involvement with NXIVM?

MARK VICENTE: I did, yes.

MR. LESKO: Did you travel by airplane?

MARK VICENTE: Exclusively, yes.

MR. LESKO: And when you traveled by airplane, did you use JFK Airport?

MR. LESKO: Did you use JFK Airport in order to get to Albany?

MARK VICENTE: Generally, yes, it was much closer. I was flying from -- I was flying often from LA. I could fly direct to Albany, but often I would need to stop in New York for some reason, so JFK was easier for me.

When I was spending a lot in Mexico, I would fly to JFK and then go to Albany by train.

And also from Canada, there was no direct flight, so I would often fly that way.

MR. LESKO: Did other members of the NXIVM community use JFK Airport as part of their involvement with NXIVM?

MARK VICENTE: I believe so.

MR. LESKO: Talk a bit about the modes of communication that you used while you were involved in NXIVM.

Did you use a telephone?

MR. LESKO: Cell phone?

MR. LESKO: Did you use your computer?

MR. LESKO: You had a laptop or a desktop?

MARK VICENTE: I had both. I think I only have a laptop now, but I had both.

MR. LESKO: Did you use other devices to communicate?

MARK VICENTE: Walky-talkies as well. In my particular team, we used walky-talkies at -- we used walky-talkies. But, yeah, mostly -- mostly telephone. And then computer.

MR. LESKO: Did you use cameras and other related equipment?

MARK VICENTE: I did, yes.

MR. LESKO: So when you communicated with the defendant, how did you typically communicate with him?

MARK VICENTE: Typically it was phone call, or it might be WhatsApp. It's a messaging system.

MR. LESKO: What is WhatsApp?

MARK VICENTE: WhatsApp is somewhat like SMS. It's far more encrypted. We used a lot of different systems, you know, WhatsApp, Telegram. They're all-high encrypted methods of communication.

MR. LESKO: And what is the significance of using encrypted forms of communication?

MARK VICENTE: My understanding is that they can't be hacked as easily. My understanding also was that, you know, you couldn't just, you know, go to the telephone company and just, you know, get all that information, whereas you could with SMS. I think with WhatsApp and Telegram, it wasn't as easy to get access to what the communications were.

MR. LESKO: In essence, these chats on the encrypted platforms were secret?

MARK VICENTE: Very secret.

MR. LESKO: Did anyone instruct you to use WhatsApp when you were communicating with the defendant?

MARK VICENTE: I don't recall. It's just something we began using at a certain point. I don't recall the exact genesis of it.

MR. LESKO: What about Telegram.

MARK VICENTE: Well, Telegram was a -- was something we began using with cyber protectors, and myself and maybe it was other people, but I kept up on technology a lot and I suggested that Telegram was actually even more -- even safer than WhatsApp. I don't think it's the case now, but back then I think it was. That it had been created by Russian hackers. It was a huge competition for anybody that could hack it and nobody would be able to hack it, so it was safe.

MR. LESKO: Let's talk a moment about ethical breaches, all right?

Who determined when an ethical breach was fixed?

MARK VICENTE: That is a little bit of a mystery. I can tell you in the discussions with Nancy Salzman, she would say to me sometimes, "Well, haven't you healed yet?"

I would talk to Raniere sometimes about certain people and he would say there's still outstanding issues, you know, with the breach. I never knew what they were.

And, again, I would ask questions, but at a certain point I got the impression that I shouldn't be asking these questions, so I would train myself to stop.

MR. LESKO: During the time you were involved in NXIVM, do you recall anyone committing an ethical breach?

MARK VICENTE: Yeah, well, I was told that people had committed an ethical breach. I was told that by -- I was told by Raniere that, you know, Ben Myers had committed some kind of breach. I wasn't sure what it was. Because I was going back for Ben Myers on something and he would say, Well, there's an outstanding breach still some issues. I was told by the upper.

MR. LESKO: Let's focus on Mr. Myers for a moment.

Did you ask the defendant what Ben Myers' ethical breach was?

MARK VICENTE: I think I started to, and there was -- again, there was -- it wasn't going anywhere, so I got the message, you know, don't go there.

Ben Myers wanted to start a company and I was all for it. And I was -- let's let him go for it. This is what we do. We build entrepreneurs. Why not?

And his -- the way he was with me, in terms of saying there was a breach and everything, this is something I clearly don't know about, so I stopped.

MR. LESKO: Did anyone else commit an ethical breach, to the best of your knowledge?

MARK VICENTE: I was told by Nancy Salzman that Siobhan had committed an ethical breach.

I was unclear as to exactly what it was. It had something to do, I was told with -- not completing an editing project; you know, she had been, you know, put in a room and she had to keep going until she finished, and something about her not doing that was a big problem and, you know.

MR. LESKO: Did you learn that someone named Evie had committed an ethical breach?

MARK VICENTE: Yes, I was there when -- basically Evie went from actually being the go-between for a while between myself and Raniere, and then at a certain point suddenly she wasn't any more.

I was told by Nancy Salzman that she committed a breach of some kind. Raniere said she had as well.

So our communications stopped for many years because, loosely speaking, I used to use the term "you're in a dog box". You know, they've done something bad, a breach, but I was never clear, while I was in there, exactly what the nature of this terrible thing was.

MR. LESKO: Did any of the people that committed ethical breaches successfully rehabilitate themselves?

MARK VICENTE: I don't think so.

The thing is there wasn't really a formal thing in place. It was when you were told by -- I assumed it was if you were told by Raniere or Salzman --

THE COURT: I'm sorry.

THE COURT: Sustained.

MR. LESKO: Did you have a specific understanding as to anyone having rehabilitated themselves after committing an ethical breach?

MARK VICENTE: I had no understanding that anybody had healed it.

MR. LESKO: Within NXIVM, do you recall if people were accused of pride?

MARK VICENTE: That happened a lot.

MR. LESKO: Why would that happen?

MARK VICENTE: Usually if they were not -- if they weren't giving tribute, if they weren't giving appropriate tributes, they would be told, you know, you're prideful. This is your issue.

That happened to me a number of times. It happened to other people as well where -- and it was never said you're being accused of pride, but it was like that.

Understand, many of us became very, very careful with the words we used because we knew -- it was sort of like walking into a land mine. If you said something that triggered the land mine, then you would be told it's your pride again. You know, this tribute problem you're having. I myself went through that a lot.

MR. LESKO: So this tribute pride issue, was that different than an ethical breach?

MARK VICENTE: Well, it may be related, but it may not. In other words, I was told I was very prideful. I was told, you know, that I lacked the understanding of tribute.

I wasn't told that I committed an ethical breach.

MR. LESKO: Were you yourself accused of improper tribute or pride?

MR. LESKO: When did that happen?

MARK VICENTE: Well, I think the most significant time is when I was working on this Mexican documentary, Encender EL Cocorazon, in which I was in Mexico from around 2009 telling the story of some event that happened in Albany; and then also when I was documenting in Mexico, I was doing various iterations of the cuts, of the edits.

And at one point people were very upset, including Clare Bronfman saying, "You know, you are minimizing Raniere." And I said, "No, I'm not, this is the story I'm following that started."

And she would, at one point, really exploded at me saying, "It's unbelievable that given everything you've been given by this man, you can't -- you know, you can't give him tribute."

And so that went on for years. And eventually the entire executive board was getting involved where I would basically sit in a room with all of them as they began to pick apart my personality issues and my inability to recognize, you know, the greatness of Raniere. And that I was somehow minimizing him. So I was pushed constantly to make a bigger and bigger deal of him in the film to, in essence, lionize him in the film.

So, yeah, I was accused of that for years.

MR. LESKO: Do you recall other examples of people being accused of not paying proper tribute or being prideful?

MARK VICENTE: I know of other -- I mean there was -- yes, I mean, I -- there was another example of Mark Hildreth was accused of pride, being very prideful, and he was put on a special program where a number of the three, in essence, one proctor, and two senior proctors overseeing the attempt to what's called bust his pride.

MR. LESKO: Was Edgar Boone accused of pride?

MR. LESKO: What happened to Edgar Boone?

MARK VICENTE: He was accused of pride and of having a major tribute issue.

He was writing a number of poetry books, and I was told -- and also that I read the book and we had discussions and basically what was told to me by Ron Salzman is the issue that Edgar is writing things in the book that come from Raniere.

And then I would say, "Well, actually these things predate the birth of Raniere. Some of these things are thousands of years old." We'd have these debates about this.

But basically Edgar was seen as somebody who was just prideful. He was very -- I was told he was very disconnected. There were entire intensives that were created specifically to help him wake up or to break his pride.

MR. LESKO: Within the ranking structure at NXIVM what, if anything, could happen to a person if they were accused of being prideful?

MARK VICENTE: Well, they could have their position held back. I know in the case of Siobhan Hotaling she was not allowed to train any more for a while. I think that possibly her pay was docked. I have clear recall of that.

But there could be consequences to one's growth of the stripe path and one's earning capacity.

MR. LESKO: And how would one who was accused of being prideful address that issue?

MARK VICENTE: Well, by agreeing to get on a special program. In essence, a program was suggested, you know, if you were a person that was very, you know, prideful do the things that, in essence, would humiliate you.

Humiliation and humility was seen as a potential, you know, antidote to this pride problem. If you could really just break down your insistence on, you know, your position, what you believe, then maybe you could, you know, deal with your pride as well.

MR. LESKO: Were EMs used as part of that process?

MARK VICENTE: A great deal.

MR. LESKO: Was feedback used?

MARK VICENTE: A lot of feedback.

MR. LESKO: Are you familiar with the term "penances"?

MR. LESKO: What are penances?

MARK VICENTE: So penances were -- I believe they were introduced with the human pain curriculum, and then very strongly in Ethoses, and then Society of Protection as well.

Basically a penance was a consequence of pain that you would take upon yourself. So if you had done, you know, let's say, you know, you might not be angry and you say something angry to somebody, you know, you'd say I'm going to go to do that consequence now. Take that cold shower for two minutes to allow myself to feel the pain because I wasn't willing to feel it when I was yelling at the person.

So penance was that originally, and then it turned into as well -- so it was creating a consequence for behavior that was in some way aberrant from the way you were supposed to behave.

And then penances were also part of conscious groups, you know, where few of us together, and if anyone failed, we all did a consequence or a penance.

And then Raniere would explain that, you know, if somebody else is doing something that's a problem, and then you take on the penance for them, you don't necessarily tell them, but you take it on.

So if somebody's doing some behavior that's a problem, you know, maybe I'll walk out the room and I'll go do 30 pushups to, you know, experience the pain that they're not experiencing.

That one confused me. I wasn't clear how that would work. But I went along with it for a while.

MR. LESKO: You mentioned feedback. Could you explain what "feedback" was within NXIVM?

MARK VICENTE: Well, feedback was basically being told something that was believed you didn't -- didn't know or didn't want to know.

So either you were unaware of this thing that's a problem, or you're aware of it but you're being defiant or you're being resistant.

So the idea was give the person feedback, keep putting this thing in their face until one day they realize that they're being this kind of person, or that kind of person and they're doing this behavior that's a problem.

So feedback was basically telling a person what you saw, or it may be you were sent feedback. You know, we would be tasked, especially with high ranks; you know, please give this person feedback about something. Which maybe we weren't even privy to the things they had done, but the idea was go and tell this person that that thing they did was a real big problem, and it's not -- it doesn't match their rank what they just did.

That was generally how feedback was used.

MR. LESKO: Was feedback a part of progressing through the stripe path?

MARK VICENTE: It was. Because as you moved up the stripe path, you were required to be more and more open to feedback.

So, for instance, one of the things I learned when I became a green is that you had to be, you know, 100 percent open to feedback from anybody.

It didn't matter who it was, didn't matter what they were saying, in essence, you took it in and if you argued, that was a huge problem.

We were told, you know, all feedback is true. If you argue, it's a sign of -- it's a sign of your -- your resistance and a sign of your pride. Like you're trying to hold on to this image of yourself, and that's why you're doing this, which is if you eradicate pride completely, you would be open to people saying anything about you.

MR. LESKO: At some point on the strip path, were people required to identify their life issues?

MARK VICENTE: Yes. So in the yellow rank, which is coach, there were a bunch of different requirements; you know, enrollment, you know, taking education. But then there was also identifying your life issue.

And the life issue was simply what is this formula that you keep doing in your life that's kind of screwing stuff up? You know, what's that thing you just keep doing again and again and again, and how does it relate to fears and your insecurities and, you know, your inefficiency; what are the things you try to do to feel better. It's sort of a formula that defines your problematic behavior.

And then as you move further up the yellow, you have to then come up with a plan to overcome it. So this thing that you keep doing, what will do to overcome it.

So, for instance, in my case, you know, I would tend to -- you know, when I was shooting a movie, I was interacting with people, but the minute I was done, I wouldn't want to be with people at all. And I was told one of the issues I had is I isolated from people.

So the thing I did for my life issue, you know, plan, was I moved into a house with a whole bunch of people so I would have, you know, constant people around me all the time. And then I would have to deal with my struggles I had with never being alone.

(Continued on next page.)

DIRECT EXAMINATION (Continued)

MR. LESKO: Were members of the NXIVM community allowed to talk with nonmembers about NXIVM issues?

MARK VICENTE: No, that was strictly forbidden. No.

MR. LESKO: I think you previously discussed the concept of shunning. What was shunning?

MARK VICENTE: Shunning was, in essence, there was shunning and there was boycott. Shunning was basically you don't talk to the person anymore, you don't do business with them. You don't do business with people that do business with them. Shunning and boycott were used together sometimes. But, in essence, you don't acknowledge them and you do not support them in any fashion.

The idea being, you know, this person said something bad, you know, whoever, so if you even talked to them, you know, in any kind of way you're supporting this terrible thing that they have done.

MR. LESKO: Can you provide an example or examples of when NXIVM members shunned people?

MARK VICENTE: Well, in the case of, for instance, Barbara Bouchey. Barbara Bouchey was shunned, we were told not engage with her, not to talk with her.

I remember at one point, Ed Kinnam was shunned. He was a Proctor. He apparently had done something that wasn't supportive. I am currently still being shunned.

MR. LESKO: Was anyone related to Lauren Salzman being shunned?

MARK VICENTE: Her father was being shunned by her and I believe her sister. And I don't recall if it was Nancy Salzman as well.

MR. LESKO: Her family members could be shunned?

MARK VICENTE: Oh, absolutely.

MR. LESKO: Do you recall if there were goals by NXIVM to acquire political power?

MARK VICENTE: There were. There were attempts to, in essence, curry favor with the Clintons. I know with at one point Senator Joe Bruno I was present at one of the meetings. But, yes, there was a strong desire to meet people of influence in politics to have those connections.

MR. LESKO: And Senator Joe Bruno was a state senator; is that correct?

MARK VICENTE: I believe so.

MR. LESKO: Did anyone in particular have a relationship with Nancy Salzman?

MARK VICENTE: I don't recall.

MR. LESKO: Participating in a NXIVM-related effort to raise political contributions?

MARK VICENTE: Yes. There was a sort of a quiet fundraising attempt amongst some us ESPians to make a campaign contribution to the Clintons. I think it was for the presidential race, I'm not entirely certain anymore.

MR. LESKO: So, just to be precise, there were two, at least two, different races. Was this Hillary Clinton's race or Bill Clinton's race?

MARK VICENTE: I'm sorry, I'm not remembering precisely.

MR. LESKO: Well, if you could explain what happened in connection with the race?

MARK VICENTE: Clare Bronfman came to myself and a few other people and said that she would like to make a campaign contribution, she couldn't make it above a certain amount, would I make it in my name and then she would pay me back. So I wrote a check to the campaign and she then, I believe, she wrote me a check to me personally. I believe it was a check that she wrote me back for the same amount. It was somewhere, it was somewhere between 2 and $3,000. There was some limit, I believe.

MR. LESKO: Do you recall -- did other members of the NXIVM community similarly contribute to the campaign?

MARK VICENTE: Yes. I don't recall exactly who they were, but, yes, I mean, I think the amount that was the total amount was 30,000 something that was made to the campaign.

MR. LESKO: Do you recall approximately when this happened?

MARK VICENTE: I'm going to say prior to 2010, but I'm fuzzy on the precise year.

MR. LESKO: Are you aware that Hillary Clinton ran for president in 2008?

MARK VICENTE: Oh. I'm remembering now. Maybe it was earlier, I'm not, yeah, my memory is not precise. I'm sure there was checks somewhere that would show precisely.

MR. LESKO: In your experience, did NXIVM file lawsuits or litigation often?

MARK VICENTE: That is my understanding, yes.

MR. LESKO: And did you have any understanding as to who these lawsuits were filed against?

MARK VICENTE: Well, I know there were suits against journalists and newspapers, that I recall. There was something against the Times-Union. It was something I against Jim Odato. There was something against Vanity Fair or the author of a particular article. But I was privy to some of the meetings because of this project that I was, you know, building. Some of the meetings where there was a lot of discussion about cases against different people.

MR. LESKO: Were people within NXIVM afraid of being sued by NXIVM?

MR. AGNIFILO: Objection to the form.

THE COURT: Sustained.

MR. LESKO: Were you afraid of being sued by NXIVM?

MARK VICENTE: Indeed I was.

MR. LESKO: Did you receive explanations for the lawsuits against former NXIVMs -- former members of NXIVM?

MR. AGNIFILO: Objection, your Honor.

THE COURT: What's that?

THE COURT: Read back the question, please.

(The requested portion of the record was read back by the Official Court Reporter.)

THE COURT: You can answer.

MARK VICENTE: The explanation I was given was they had done something criminal, that they had to be held accountable. That it was actually not only for justice, but also to correct this behavior in them.

MR. LESKO: And who, if you know, was accused of criminal conduct?

MARK VICENTE: Barbara Bouchey, Susan Dones, the journalist I had mentioned who had been accused of criminal conduct as well. I'm blanking on the others.

MR. LESKO: Was Sarah accused of criminal conduct?

MARK VICENTE: Yes, she was.

MR. LESKO: Was Toni Natalie accused of criminal conduct?

MR. LESKO: Did NXIVM use private investigators?

MR. LESKO: How do you know this?

MARK VICENTE: Well, there were two conversations I had with Raniere. One was about the Kristin Schneider situation where Kristin Schneider had disappeared, the police had never found her body, and he had told me that they'd actually -- private investigators had actually found her at a motel quite alive with a girlfriend and that so she had lied about the entire thing. The PIs had found her.

Then also he told me that Kristin Keeffe had left, I think, it was around 2014. He told me that they had tracked her down, the PIs had found her, I think he said in Florida. They'd found her, they were watching her, and then later, when I asked him about it, he said that they had lost her. So maybe surveillance didn't be work or something.

MR. LESKO: So let's talk about V Week in August of 2016. And that's the celebration before the defendant's birthday; correct?

MARK VICENTE: Correct. And after.

MR. LESKO: Do you recall making a video for the 2016 V Week?

MARK VICENTE: I did. I made a view using highlights from prior years.

MR. LESKO: Would it be fair to characterize that as sort of like a trailer of sorts?

MARK VICENTE: Yeah, it was a trailer, a marketing trailer. You know, sort of a rah-rah trailer about how wonderful it is V Week and inviting people to come.

MR. LESKO: Was that trailer posted anywhere?

MARK VICENTE: Yes, I posted those on private Facebook pages and I had access to all the private Facebook pages of all the centers. I didn't have access to all of them, I passed it on to some people, but it was posted to private Facebook pages.

MR. LESKO: Do you recall having a conversation with Lauren Salzman about that tribute video?

MR. LESKO: What was discussed?

MARK VICENTE: I think it was, you know, a few hours later or maybe even within an hour that I posted it. She called me and said we have a serious problem, you need to remove it. Someone was with it from video ASAP remove putting it back up again.

MR. LESKO: Was this person named Nick that she was concerned about?

MR. LESKO: Or Nicole?

MR. LESKO: Did Lauren Salzman explain why she wanted you to remove the video of Nicole from the Facebook pages?

MARK VICENTE: She explained to me that Nicole was on some kind of a mission and that that it would be very, very dangerous if she was found on it. She was attached of NXIVM, it was dangerous, please remove her ASAP. It was time sensitive, she was urgent about it.

MR. LESKO: Did Lauren ask you to edit the video?

MARK VICENTE: Yes. She said, Please remove her as fast as you can.

MR. LESKO: Did you, in fact, take down the video as requested?

MARK VICENTE: I did. I pulled them all down. And then I went to -- I changed up -- I think it was one shot that I had to change out. I began working on finding another shot to replace it with.

MR. LESKO: Did you take Nicole out of the trailer?

MR. LESKO: Did you subsequently remove the trailer without Nicole included in the trailer?

MR. LESKO: Did the defendant contact you after you took the video down, reedited it, and posted it again?

MARK VICENTE: I did. I don't recall if it was after or during but he called me to apologize. He said something to the effect of, you know, I'm sorry, there was a history of me wanting to do things, and technically, and I was told, you know, you can't or something like that a lot. So he said, I'm sorry, this is not one of those things. This is actually a real concern and how were you to know, I apologize. But thank you for making this change.

MR. LESKO: I believe you previously mentioned an entity named Society of Protectors, or SOP?

MR. LESKO: What was SOP?

MARK VICENTE: Society of Protectors was, in essence, a men's movement. The idea was similarly to the way that women had the Jness moment movement. This was a men's movement to help build character, honor, ability, nobility, that kind of thing, and it, in essence, was to help toughen the little boys into men.

And it began, I think, in 2011. I think, I'm not entirely certain, and it was founded by Raniere with the four of us as we would eventually term "The High Council," and that ran for, well, I don't know, probably still running, I'm not sure.

MR. LESKO: Who made the significant decisions regarding Society of Protectors?

MARK VICENTE: Raniere made the decisions and he'd have discussions but he had the ultimate control.

MR. LESKO: And along with yourself, who were the other founders of Society of Protectors?

MARK VICENTE: So, originally, it was myself, Damon Brink, Mike Baker, and Jim Del Negro.

MR. LESKO: And did the four of you handle the operations of the Society of Protectors?

MARK VICENTE: We did. We were the, in some ways, we were the public face interacting with the men; and he was the philosophical founder, the creator, of the whole thing.

MR. LESKO: Did the Society of Protectors have a curriculum?

MARK VICENTE: Yes, there was different curriculum. There was an initial weekend that all men went through. The first time a weekend occurred, Raniere would teach it himself. The first one, I believe, was called the Commitment Weekend. It was generally two and a half days. Thereafter, men would watch the -- do the same weekend, but they would watch him on video. So that was one kind of curriculum.

There was also monthly curriculum that was put out which was a series of questions. The men would get together, you know, once a week or different activities include discussing the questions and at the end of the month. They would then receive a recording of Raniere much like debrief/disposition of him discussing the concepts.

And then there was eventually a curriculum created called SOP Complete which was a curriculum that involved some of the women as well and that was --

MR. LESKO: We'll talk about that in a moment. Let's focus now on SOP?

MR. LESKO: Who developed the questions that were asked in SOP?

MARK VICENTE: Raniere did.

MR. LESKO: Did SOP involve drills of any kind?

MARK VICENTE: Yes, there were things called readiness drills. There were two kinds. A readiness drill was basically a drill to see, are you ready. At an appointed time every day, I believe it was 12:00 noon, sorry, 3:00 p.m., Eastern, a message would be sent. So all the men were on different teams with a head of teams and this was all on telegram, and basically, what would happen is I ran the standard drill. I would send a message at precisely 3:00 p.m. saying, in essence, "Ready?" And that would go to a number of the leaders, that would go to their people, and their people and their people and all over, in essence, the world. And the idea was that everybody had to report back to say that they were ready and then that was sort of tabulated to see how long did that take. How long did it take to see if the network was ready for whatever it could be. So it was basically drill to see how responsive you could be.

And then, sorry, then it evolved into another kind of readiness drill as well which was termed, "Random Readiness." I think the term was "C Level Readiness." Random Ready was, in essence, you were on stand-by seven days a week, 24 hours a day. We went through a lot of trouble to make sure our equivalent of an air raid siren going off, and then you would get a random message from -- it was from Marianna who would send a ready to the High Council. And then we would -- and this could happen any time of the day or night and then it was the scramble to reach everybody and, of course, find people who weren't responsive.

MR. LESKO: Did you have an understanding as to who decided when to send the random readiness message?

MARK VICENTE: Well, Marianna was the person deciding when. How exactly she did, I wasn't entirely sure. At one point, she mentioned about a bowl of papers that times written on them and she would pull them out. You could receive two in one day or nothing for seven be days. But you were permanently on stand-by.

MR. LESKO: So, in essence, was there a network of members that were communicating by telegram?

MR. LESKO: Was there ever an instance where the network was mobilized for a certain purpose?

MARK VICENTE: There was a missing man at one point somewhere in Europe; and so, the network engaged to try to find out where he was. Where he was staying, where his family was, and trying to find him. We eventually did. And there were certain instances where somebody went missing and the idea was, you know, the idea as was, in essence, leave no man behind. Nobody rests until that person is found.

MR. LESKO: You mentioned weekends. Is that when people would typically participate in the Society of Protectors?

MARK VICENTE: Yes. Typically. Mostly, it was weekends letter curriculum and mostly weekends once they did the Commitment Weekend. They decided they wanted to become members, they would then join a team that they would meet with at least once a week to do various activities.

MR. LESKO: And these sections, where were they held?

MARK VICENTE: The weekend sessions?

MARK VICENTE: Typically, they were held at, the weekend sessions we call them, the founder, Raniere, were held at 455 New Carner Road in the ESP training room.

MR. LESKO: Were sessions held in other centers?

MARK VICENTE: They were. Not with him, but videos sessions. They'd be run by a man who would run the session with video. But they were held in many different countries.

MR. LESKO: How did one become a member of SOP?

MARK VICENTE: Well, you had to take the that first weekend and then you had to be a paying member in good standing. You would pay, I believe, it was $50 a might through your membership and that, in essence, qualified you to become just a member.

MR. LESKO: Were there other fees or tuitions associated with Society of Protectors?

MARK VICENTE: There were for other forms of curriculum. The weekends with the founder were typically more expensive. The weekends with just one of us were substantially cheaper. I think it was, I don't recall exactly, maybe around $300. The Weekend With the Founder it was a thousand dollars or higher.

MR. LESKO: And the founder was the defendant?

MR. LESKO: Was SOP a company?

MARK VICENTE: SOP was a company. Society of Protectors, LLC.

MR. LESKO: And who owned the company?

MARK VICENTE: Pam Cafritz owned that company.

MR. LESKO: Why did Pam Cafritz own Society of Protectors, LLC?

MARK VICENTE: It was a request Raniere made of us, of the High Council. He was the boss, so...

MR. LESKO: When you and the other founders were developing the SOP concept, did you meet often?

MARK VICENTE: We did. At the beginning, we met, I think, for a while every night and early on then up to three times a week. We'd usually meet at around 1:30 a.m. and typically we were done by 3:00 a.m.

MR. LESKO: Did the defendant join those meetings?

MR. LESKO: Getting back to Pam Cafritz being the owner of the Society of Protectors, LLC did you object to her being an owner?

MARK VICENTE: Yes, I did. He asked us one night do we mind if she's the owner and we said, no, whatever you want.

MR. LESKO: Were you compensated for your work in Society of Protectors?

MARK VICENTE: I was compensated for running trainings. There was a certain percentage that would go to the men running the trainings. Again, there was a hierarchical tree-like structure. So if you had a bunch of men you enrolled, and then each of them became a team leader that enrolled a bunch other men, you would get a certain percentage of the $50 a month. So that was another way. But for the High Council, it was mostly running trainings is how we were paid.

MR. LESKO: And how were those percentages calculated, if you know?

MARK VICENTE: That was a bit of a mystery to me. I had asked a few times. Joe Del Negro was running the accounting. I wasn't entirely clear. It was a bit of a mystery to me.

MR. LESKO: Were there times when you were not paid for your work in SOP?

MARK VICENTE: There were two weekends that we were not paid for. One was a weekend that was cancelled, and then because of this thing we had done that was a problem we then did not get paid for the next weekends.

MR. LESKO: Okay. We'll discuss that a little bit more in a moment.

Was, to the best of your knowledge, was the defendant compensated by SOP?

MARK VICENTE: There was a percentage, as far as I recall. I don't know where exactly to came from. I know there was money in the bank. I don't know exactly how it got to him if it did.

MR. LESKO: Did you have an understanding, well, do you know what the percentage was?

MARK VICENTE: My understanding was it was ten percent.

MR. LESKO: Did you have an understanding as to why the defendant received ten percent?

MR. AGNIFILO: I object. Can we approach for a second. I would like a second. Never mind, I object.

THE COURT: You object?

THE COURT: Overruled.

MARK VICENTE: My understanding was I don't think we specifically discussed what is this ten percent being used for. My understanding was that it was towards the research he wanted to do. That was my general understanding if I assumed it was the same reason.

MR. LESKO: Did Society of Protectors actually generate revenues?

MARK VICENTE: Well, I know at one point Raniere told me there was a -- told us there was a million dollars in the bank. So I know she will there was I don't know who was, I don't know if this was gross, net, what that was. I know there was at least that much money at one point. So I'm assuming yes. And based on the fact that's what he did get various times I'm assuming yes but I don't really I could never really understand the books. It was very unclear to me.

MR. LESKO: Was the system or formula used to pay you and others at SOP clear to you?

MARK VICENTE: Not at all.

MR. LESKO: Who handled the books for Society of Protectors?

MARK VICENTE: So that was Jim Del Negro. I recall clearly because I had a concern about him doing the books because this wasn't his field of expertise. I spoke to Raniere and I said, you know, it seems to be a better idea to actually have somebody to do this that knows exactly how all this works and Raniere preferred that he do it.

Jim Del Negro, I think, at times was confused and uncertain. I just couldn't get any clear answers and I looked at the Excel sheet sometimes and I was just baffled.

MR. LESKO: At some point, did the leadership of the Society of Protectors change?

MARK VICENTE: Yes. I don't recall the exact date, but Mike Baker and Damon Brink basically fell out of leadership and then Anthony Ames came on board.

MR. LESKO: And was this the point when the leadership was referred to as the High Council?

MR. LESKO: Did the defendant's role change when the High Council was reconstituted?

MARK VICENTE: No, it was the same.

MR. LESKO: So you mentioned previously a time when you weren't paid at SOP at a specific instance?

MR. LESKO: Do you recall an instance be where the defendant called off an SOP training?

MARK VICENTE: Yes. I don't recall the exact date, but we were holding a training in 455 New Carner. I don't recall the exact name of the weekend, but, in essence, the requirement was there should be a hundred paying men in the room and I believe we were slightly short. And I think it was the high 90s, and a few men were enrolled that were close by and I think the number went up to maybe it was 102 or 103 perhaps.

We began, the training the first questions had occurred, Raniere came out, did the disposition, we went into the back room which was the ESP Proctor room which we used. He said, I have disturbing information. I heard that some men were put into this training in a way that wasn't ethical and so, you know, I have to make a decision and I'm not going to continue running this training. So I'm leaving and you guys can do whatever you want.

MR. LESKO: So what happened next?

MARK VICENTE: The High Council had to go out, and basically, say, face a hundred-something men and explain that we had done this very bad thing and that we were going to run a weekend anyway from the existing curriculum and that we would repay all the men their money in some form.

MR. LESKO: Did that happen?

MARK VICENTE: That did happen, yes.

MR. LESKO: Did you keep some of the fees?

MARK VICENTE: Yes. Some of the fees -- we gave the men an option: Either we pay them back, or if they wanted to leave their money in the system, we could use it for a future weekend. I don't recall how many wanted each but we gave them the option.

MR. LESKO: Do you recall how much money was either repaid or credited towards other programs?

MARK VICENTE: Well, I'd say if it was a thousand, let's say a thousand dollars and a hundred members, so a hundred thousand.

MR. LESKO: Did you get paid for this weekend?

MR. LESKO: Were there any other consequences that flowed from the defendant leaving this SOP training?

MARK VICENTE: Well, there was a -- the guys were very, very unhappy and a lot of anger came to us. See, part of what you did in this kind of structure is you protect the leader at all costs, so we had to make sure that they understood that it wasn't him. We agreed to protect him at all costs and it was us, we were the problem. So we took a lot of hits, a lot of people were extremely angry at us because they had flown there from distant places around the world to be there, to be with Raniere. So that was one consequence. And then also there was kind of a penance, we wouldn't be paid for the following weekend as well that would finally happen.

MR. LESKO: And did that happen?

MARK VICENTE: I believe so.

MR. LESKO: Your Honor, it's a couple minutes early, but I am going to be moving into another topic.

THE COURT: Let's take our midmorning break. All rise for the jury.

(Jury exits the courtroom at 11:35 a.m..)

THE COURT: All right. The witness may stand down. Please to not discuss your testimony with anyone. We'll take a ten-minute break.

(Witness leaves the witness stand.)

(Defendant exits the courtroom at 11:37 a.m.)

(A recess in the proceedings was taken.)

THE COURT: Okay. Let's bring in the witness, please.

(Witness takes the witness stand.)

(Defendant enters the courtroom at 11:48a.m.)

COURT CLERK: Jury entering.

(Jury enters the courtroom at 11:49 a.m.)

THE COURT: Please be seated.

Mr. Lesko, you may continue your examination of the witness.

The witness is reminded that he is still under oath.

MARK VICENTE: All right. May I ask you a question?

THE COURT: Do you have a question?

MARK VICENTE: Yes, of you.

MR. LESKO: Thank you.

THE COURT: You have a question?

THE COURT: The witness has a question.

MR. LESKO: Can we have a sidebar briefly.

THE COURT: Yes, sure.

(Continued on the next page.)

sidebarsidebarVicente’s Request to Supplement His Testimony

(Sidebar conference held on the record in the presence of the Court and counsel, out of the hearing of the jury.)

MR. LESKO: I have no idea what this question is. I just wanted to have the sidebar because I have no objection to your Honor having a discussion with the witness either on the record or off. I have no idea what he's asking.

THE COURT: Why don't we bring the witness over here and ask him what kind of question he has and whether it's a personal question maybe that has nothing to do with the issues in the case and then we'll figure out what to do.

Would the witness just stand down and come to the sidebar, please.

THE COURT: As this is not an ordinary situation.

THE COURT: A normal situation. Is this a personal question, or?

MARK VICENTE: No, it's related to the last set of questions. There was something that I omitted and remembered when I left that I thought was important and I wasn't sure of the procedure, or if I was just to ignore it and keep moving.

THE COURT: You can ask the question.

MR. LESKO: Very good.

THE COURT: And it will all be on the record.

MS. PENZA: Your Honor, I just don't remember whether it was on the record or not as to the list. I did, on the break, replace the list without objection from defense counsel just to correct some names and include additional names that we had agreed upon.

THE COURT: Is that right?

THE COURT: I understand. We'll take care of it. You can take the stand.

MARK VICENTE: Thank you.

THE COURT: I'm going to tell the jury what happened so that they understand there's nothing untoward going on.

MS. PENZA: Thank you.

MR. AGNIFILO: Thank you.

DirectDirectMark Vicente — Direct Mark Vicente Mark Lesko

(Sidebar discussion concludes.)

(Continued on the next page.)

(In open court.)

THE COURT: Members of the jury, the witness simply had advised the Court that there was something that he had forgotten to mention in answer to a question just before the break, and he wanted to know how to go about adding what he had to add and I'm going to let counsel elicit whatever the information is that the witness wishes to add.

MR. LESKO: Thank you, your Honor.

DIRECT EXAMINATION (Continued) BY MR. LESKO:

MR. LESKO: Mr. Vicente, what did you forget to mention prior to the break?

MARK VICENTE: It was regarding the nature of the SOP weekend activities. There was a format that I forgot to mention which was something that was called "BS sessions." BS standing for bullshit. And BS sessions were basically held with other SOP members at first with only men and then eventually both sexes.

And a BS session was basically that you were to come to this group, the group with some problem you had some issues you had somebody you were upset with. And basically, the other three were to call you out on your BS. In other words, how you understand or how do you try to understand that you're actually responsible for this thing that you're complaining about.

So the whole idea was, you know, for you to get your authorship over every single event in your life that you felt upset about and basically own them and that it was actually you that caused the problem and only you. That was the nature of what we call BS sessions.

MR. LESKO: Thank you. Was the term "collateral" used in the Society of Protectors?

MARK VICENTE: Yes, it was.

MR. LESKO: And was it used in reference to funds paid by leaders of SOP?

MARK VICENTE: Yes. My recollection was that at a certain point it was suggested to see if people were really serious about enrolling and serious about their commitments. In other words, if there was a meeting amongst men saying I'm going to enroll five people. Well, the idea was that that's, that doesn't mean much it means a lot if you put some collateral behind it. So if you pay a certain amount of money, and what we did was we paid money into the system, into the computer database, so to speak, so we have our credit cards be charged for a certain amount of money. If you did indeed do the thing you said you would do, you would get that money back. And if you didn't, you would lose that money. So that's the way collateral is used.

MR. LESKO: Did you do this?

MR. LESKO: And what sort of amounts are we talking about?

MARK VICENTE: It depended. For me, it was somewhere, I think, around $1,500. For other men, I think it was actually more, and for some it was less.

MR. LESKO: Did you, in fact, lose some of that collateral?

MR. LESKO: Who suggested this collateral arrangement?

MARK VICENTE: The collateral idea was something that was in the curriculum that was suggested by Raniere. This specific use of it, I do not recall if it was a group decision or just one of us that suggested. I don't recall anymore.

MR. LESKO: Initially, was Society of Protectors only offered to men?

MARK VICENTE: Originally, yes.

MR. LESKO: Did that eventually change?

MARK VICENTE: It did, yes.

MARK VICENTE: I don't recall if it was the same year or the next year, Raniere said to me that he thought it would be good to offer what we were doing to the women as well. I had some concerns. I didn't think that was necessarily a good idea. He said to me, well, they want it and then he referred me to talk to Pam Cafritz and Marianna. And I spoke to them on the phone. They said we really want, we think it would really help us. I said, I don't know this is a very different thing than what you're doing and they insisted, and they thought it would be very helpful. I said, Do you have a vague understanding of what this is? And they said, We believe we do. And I went back to Raniere and it appears they do want it, and if you think that's the way we should go, okay.

MR. LESKO: Did you, yourself, agree with having women participate in the SOP trainings?

MARK VICENTE: I did after that discussion, yes.

MR. LESKO: How about before that discussion?

MARK VICENTE: Well, I think it was raised, but I don't recall that I said anything. I think it was raised earlier on. I don't recall that I said anything about it at the time.

MR. LESKO: Did the new Society of Protectors course, was there a new Society of Protectors course developed that included women?

MARK VICENTE: That was called "SOP Complete," and that it was basically the existing curriculum. So I think it was a six-day training as far as I remember. And it was taking two of the weekends, but it was run more like a boot camp. There were a lot of, you know, rules and regulations. There were, you know, physical things you had to do if you failed. There was a certain amount of -- it was like boot camp hazing discipline.

MR. LESKO: Was the defendant present during this initial SOP Complete training?

MARK VICENTE: He was always present at the very first one because that's how we would figure out how the trainings would go. He would give us a general idea, you know, we're going to start with this and then we would go through the existing curriculum, but then he would figure out during the six days what additional things would be done. We were to write everything down. We were to make a note of the times, the kinds of things that were done, and, of course, we video recorded the whole thing as well and that would become a template of what we would do from that point forward.

MR. LESKO: What was your role in that first thing?

MARK VICENTE: So my role was, along with the other High Council, was basically running the training to some degree. We were like the sergeant majors. He was the general, we were like the sergeant majors. Everybody else was to use a military metaphor for, like, privates basically.

MR. LESKO: And how long -- I think you might have mentioned it, but how long was this first SOP Complete training?

MARK VICENTE: So it was six full days, as I said, comprising of the existing sort of existing intellectual material and a lot of practical things peppered in between that we would do with the students.

MR. LESKO: So, in this boot camp format, I think you used the term "where hazing occurred." There were physical activities?

MR. LESKO: Could you describe those?

MARK VICENTE: Basically, what he told us was that woman lacked discipline and that the issue is that most men had never really grown up into men, they were boys themselves. This would be helpful for the men, but what the woman really wanted was the experience of what it's like it be a little boy in a man's world.

So the metaphor being when you're a young boy, you get teased by all the other older boys and you get basically teased and tease and teased and pushed and pushed and pushed until you finally man up and stop crying. And it's like man up, stop being a child. He said that's in essence what we're going to do. We are going to help them find themselves by pushing them the same way that many of you were pushed which turned you into who you are today. So that was the idea that we were going in with.

MR. LESKO: Let me stop you there. He said he told us this idea that you explained. Who is he?

MARK VICENTE: Sorry, Raniere.

MR. LESKO: Continue.

MARK VICENTE: So, basically, as opposed to, you know, the normal type of SOP training where, you know, you're sitting in a circle with questions and that kind of thing. The whole idea was sit up straight, and if you're not sitting up straight, there would be, you know, various consequences, you know, which anything from you get singled out in front of everybody to your entire group of people here has to go and do planks which is the top of a pushup for a minute, two minutes whatever. So much like the army, you know, when one guy screws up, everybody else has to go do the thing. There's that and with him men and women. There was one thing also eventually people would get names which you wear nicknames, be teased about some aspect of yourself. There were various props that were used that people would wear. There were, you know, mantras given. In other words, something you had to say all the time. You know before you spoke, you had to sit up straight and you had to repeat this thing that you've been told.

And basically, the idea was that the first training Raniere and us the High Council would walk around observing are people sitting up straight? Are they being too deferential? Is somebody, excuse me my language, is somebody kissing ass too much, well, they have to be singled out for that. Are they defiant and prideful and they have to be singled out for that.

And the whole idea was that the woman had to learn, and the men, the women had to learn no matter what you do you're going to be wrong, so keep taking the hits until you grow up and stop being a baby. That was very general.

MR. LESKO: So the planks were used as punishments of sorts?

MARK VICENTE: Yes, consequences. Yeah, punishment, consequences. The planks or wall sits or holding weights up for extended periods of time. A lot of different things that you would do.

MR. LESKO: Nicknames were used?

MARK VICENTE: Nicknames were used.

MR. LESKO: Were costumes used?

MARK VICENTE: Yes. I recall at one point somebody was given, like, angle fairy wings to suggest that they were a princess. Somebody was given a jock strap once. A woman was given a jock strap.

MR. LESKO: Who was given a jock strap?

MARK VICENTE: That was Clare Bronfman. She was given a jock strap for being bossy, like, she was in charge of everything. People would get wooden stakes. If somebody was seen as particularly aggressive, they would be given a wooden stake. And we would say to them, well, every time you speak, hold up like you're about to hit everybody because that's the way you're behaving. Yeah, that name tags and, you know, being singled out a great deal.

MR. LESKO: Did the defendant ever indicate to you that this SOP Complete experience was intended to address a woman's sense of entitlement?

MARK VICENTE: Yes. It was spoken about a great deal in the SOP training in general even before this that the issue with women is that they're entitled. And he would say to us, you know, he told us a story once that he went to college with a woman because he opened the doors all the time, she was so blind to the fact that he did it that, in essence, she thought the door was opening automatically. That he said that woman had been coddled their whole life, and because they've been coddled their whole life they had no understanding of reality whatsoever and that men are arbitrators of reality. We understand reality et cetera, et cetera.

So he spoke a great deal about their entitlement. He spoke a great deal about their misusing their sexuality to gain advantage in the world which he said men couldn't do in the same way. He spoke about them being chronic complainers. He would say, for instance, you know, if you ever use see -- do you ever see a woman accused of something and a group men are blaming her? No, it's the other way around. One man being blamed by all these women. Women are complainers and they're whining and basically entitled. And they think they should have a bunch of things they really shouldn't have and that this training will address their entitlement.

MR. LESKO: Were any of the nicknames sexual in nature?

MARK VICENTE: There were. I recall, my memory is not as good, but I recall one Boobiana. That was somebody who wore very tight clothing, it was very buxom. And so, a woman was teased for the kind of clothing they wore. If it was too tight fitting or if they were showing too much of their, you know, rears or their boobs or whatever it was, they were teased for that a lot.

MR. LESKO: Getting back to Clare Bronfman and the jock strap. Who made her wear the jock strap?

MARK VICENTE: My recollection was Raniere had the idea and then I believe we implemented to.

MR. LESKO: In your opinion, was the SOP Complete program demeaning to women?

MARK VICENTE: Horribly demeaning.

MR. LESKO: Are you familiar with the term misogynistic?

MARK VICENTE: I am familiar with that term.

MR. LESKO: What does that term mean?

MARK VICENTE: My understanding is the idea that are men are superior and women are seen as less than human and women are treated very poorly. And it's my opinion that this was a formalized misogyny.

MR. LESKO: And who designed this program?

MR. LESKO: Was video used as part of this training?

MR. LESKO: Were any of the videos unflattering to women?

MR. LESKO: Do you recall anything in particular?

MARK VICENTE: Yes, there were a number of videos. I recall in the first trainings where Raniere would suggest, you know, take photographs of the women that are addressing a certain way and let's make, you know, make a video which I mostly did of, you know, them to, in essence, reveal what they're doing; or if somebody was very, very prideful that a video be made of them to show them their pride and show it to everybody, in essence, embarrass the person and hopefully the theory was, you know, they'll have a sense of oh, God that's how I've been behaving.

I recall making a video for the very first one and then I wasn't at every training, but when I was the idea you had to replicate what happened at the first training. So you would go through the notes and say, okay, now it says if you can make a video so we just replicate what happened the first time.

MR. LESKO: So the first time, was the baseline, and then you, as you continued the program, you would have to replicate a first version of the training is that how that worked?

MARK VICENTE: Correct. There were modifications. In other words, the nicknames wouldn't be the same. The specific things that you made people say wouldn't be the same. You didn't necessarily have to do because it was planking the first time doesn't mean it has to be plank, the next time. But you had to do here is where you hand out their names. Here is where you give them these mantras that they're going to repeat and say in front of everybody. That was very normalized the specific names and things would depend on what was going on in the training.

MR. LESKO: Did any of the women who participated in SOP Complete complaining with the curriculum?

MARK VICENTE: Yes. I don't recall if it was the very first training, it might have been but. I do remember that Esther Carlson had an issue, stood up and had an issue. She concerned about what was going on here she felt it wasn't right. And I don't recall the exact response but Raniere who was in the front of the room at the time, in essence, talked her down and then she was pretty quiet after that. There were other times where some of the women expressed to me their concerns and I would express them to Raniere and he responded in such a way that I thought you know I probably shouldn't mention this to him anymore.

(Continued on the next page.)

DIRECT EXAMINATION (Continued) BY MR. LESKO:

MR. LESKO: How did he respond?

MARK VICENTE: Well, in one particular case, when the Society of Protectors was first formed, there was the high council, which was the four of us, and our, you know, wives/girlfriends were spending time together because they were struggling with how to deal with is, how to deal with us who were in this, no some ways, you know, militarized system. And my wife at some point said to me, you know, we've been talking and we -- we have concerned about what's going on. We're not sure this is a good thing. And I remember calling Raniere and saying, you know, There are some women who have concerns about this, and he immediately said, I need to know who they are. And the way he said it made me realize, Shut up. Do not say another thing.

So, you know, Well, I know -- I made some excuse, because I certainly didn't want to call out my wife, and the other women. But they got the impression they should probably just shut up.

MR. LESKO: As you sit here today, do you have an opinion as to why the defendant wanted to develop SOP between --

MR. AGNIFILO: Object to the form of the question.

THE COURT: Sustained.

BY MR. LESKO:

MR. LESKO: Has your perspective on SOP Complete changed over time?

MR. LESKO: And how has it changed?

MARK VICENTE: I believed with some reservation, but I believe that the reason it was being created because the women wanted to feel stronger and that maybe this would help in some ways. My experience of the women over time is that they became shells of themselves. They were -- they almost looked like they were beaten in submission, and in essence, I believe that's what SOP Complete was doing. It was trying to make these women submit to men to be obedient to the point of potentially being dangerous, following orders no matter what. And my experience of the women is that it kind of broke them and they would just do whatever they were told. So I now have grave concerns about what it was actually doing.

And, you know, I find there's layers to these things. There's a layer of what you're told of what this is doing. And then there's what it's actually doing, and I don't think it was good for them at all.

MR. LESKO: How do you feel about your participation in SOP Complete?

MARK VICENTE: I feel very ashamed. I just feel, you know, it's -- it's been a -- it's been a thing in my life that I -- that I try to protect and take care of people. And to see that I was basically enforcing this kind of really dark, hateful misogyny was deeply upsetting to me. And also it goes opposite to every single thing that I actually believe.

But I don't think I was told the truth about what this really was. I know I wasn't, because these women were broken. And I saw later that they were shells of themselves, that -- that something inside them was gone. And I do believe that that SOP Complete had a lot to do with it.

MR. LESKO: Do you know a person named Danielle?

MR. LESKO: Showing you what has been admitted as Government's 147. Who is depicted in that photograph?

MARK VICENTE: That's Danielle.

MR. LESKO: And who is Danielle?

MARK VICENTE: Danielle is a doctor. I think a naturopathic doctor, I believe, also a fitness expert. She was one of the co-creators of the program XOSO with Raniere and some of the other women. And she was, to some degree. One of the two residential doctor in the area that many people would go to for advice.

MR. LESKO: Mr. Vicente, I want to show you for the moment, Government's Exhibit 47.

Did Danielle take the SOP Complete training?

MR. LESKO: And did you observe her reaction to SOP Complete training?

MARK VICENTE: My sense is that at first it was difficult for her, but then she, being a fitness expert and an a rather extraordinary athlete, she -- she took it and just obeyed orders. And in fact, she outperformed -- in the physical things she outperformed the men.

MR. LESKO: You previously discussed Lauren Salzman. If you could remind us, who was Lauren Salzman within NXIVM?

MARK VICENTE: So Lauren Salzman was the daughter of Nancy Salzman, who was the CEO of the company. Lawrence Salzman, was on the executive board. And she was the head of -- the head of education and the strip path, the sashes. She was also my coach, and she was, in essence, the leader of the green, the senior proctors.

MR. LESKO: Showing you what has been admitted as Government's 50. Who is depicted in that photograph?

MARK VICENTE: That's Lauren.

MR. LESKO: So how did you interact with Lauren Salzman as your coach?

MARK VICENTE: We were -- we were supposed to meet at least once a week. We tended not to. Perhaps it was once a -- once a month. So we had a coaching relationship, and then we also had a friendship. We worked on a number of projects together throughout the year, and of course, on the executive board.

MR. LESKO: Did she ever work with you regarding your lack of tribute to the defendant?

MARK VICENTE: She did. We worked on that great deal. We -- there were many, many discussions about it. You know, for instance, attributes the problem, and then I would recut the movie, put more of them in. And then people didn't respond well to it, and I say, I think it's too much honestly. And she'd say Well, actually it's -- you're now overcompensating; in other words, you still have this tribute problem, but now it's the other way around, you're overcompensating, something that's still a problem. Just went the circles.

MR. LESKO: Did you discuss concerns about your pride with Lauren Salzman?

MARK VICENTE: Yes. They were in the nature of disagreement, but she would but often point out that my -- my -- my need protect my imagine is a problem, you know, and that, you know, pride is a huge problem. There was -- there was a -- a huge amount of -- it was a lot of discussion in the organization about pride being, you know, one of those terrible things. Raniere would talk about pride as this thing that would just really get you, you know it's this thing. It's almost -- and he didn't say it that way, but it's almost like satin, you know. Stain's hiding in all kinds of corners. Pride is hiding in all kinds of corners. You know, when you least expect it, it will get you. That's why you have to be vigilant with, you know, true humility and busting your pride. And Lauren Salzman would have a lot of those discussions with me as well.

MR. LESKO: Do you recall having a discussion with Lauren Salzman about her having a baby?

MARK VICENTE: I do. It was during -- it was at Apropos during, I think, one of the coach summits when I said to her, You know just -- Why don't you just go and have what you want in your life? Why don't you just -- you know, go and have a baby. Because I know you want one. She said, I do, but I'm not readily. I said, What do you mean you're not ready? Well, Keith says I'm not ready, and I was confused. I couldn't understand how Keith was advising her on whether or not she was ready to have a baby. That was confusing to me.

MR. LESKO: Did you have a conversation with Lauren Salzman involving the defendant asking if she loved him?

MARK VICENTE: Yes. That was -- yes. That was actually also an Apropos. I think it was in the -- what's called the proctor room. She was struggling with something that he had asked her to do, and she was feeling -- she -- she feeling unwilling to do it. She didn't tell me what it was. And then she said to me, But it -- it kills me because then he says to me, don't you love me? And I go, of course, I love him. So of course.

And I was -- again, I couldn't understand how a friend and somebody, you know, who runs a division was having those kinds of discussions with Raniere. It didn't make sense to me.

MR. LESKO: Do you recall at a certain point in time certain people in the NXIVM community developing unusual physical appearances?

MARK VICENTE: Yes. That concerned -- sort of came to a head for me in and around December of 2015, when I became very concerned for two reasons. The one was there was so many of the examples in the education about not giving into comfort and choosing principal instead. You know, in other words, don't go for, like, the ice cream -- you know, don't do the ice cream. Like focus on your calories. And I -- and I thought to myself, why is there this obsession with weight and calories? What is going on? Is there no other metaphor that can be used? Why it always the cake or the pizza or the -- why is that the grand example of like you have a weakness and, you know, you're going through this thing.

And then I began to see a lot of the -- a lot of the women just becoming rail thin, I mean, to the point that it just looked unhealthy to me. They looked pale, and I -- I was -- it was just -- it was beginning to look almost like their skin was translucent. And I saw the kind of food they were eating where they were eating the same kind of food again and again where their fingers were turning the color of food. They were eating cucumbers all the time or squash or -- I don't know.

When I asked, Why that? Well, because it's low calories and it fills me up, kind of thing. And I just got concerned because everybody just looked -- just really unhealthy -- not everybody. Some of the women just looked really unhealthy. They were looking skeletal. I could start to see their bones under their flesh, and I thought to myself, something's not right here.

MR. LESKO: Was there anybody in particular who looked exceedingly skinny?

MARK VICENTE: My -- my greatest concern back then was Allison Mack. I was very concerned. I -- I think at the time -- yes, I was spending a lot of time with her back then, and I just couldn't understand why she was -- her weight was -- was dropping so much. And also accompanying the weight loss was sort of this tired, kind of out-of-it look. You know, she sometimes couldn't focus very well. And to me it looked like a kind of malnutrition. So I was deeply concerned about that, and so I went to talk about Raniere about it.

MR. LESKO: I'm showing you what has been admitted as Government's 39. Do you recognize that photograph?

MARK VICENTE: Yes, Allison Mack.

MR. LESKO: So you discussed -- you had a discussion with the defendant. What did he say?

MARK VICENTE: Well, I went to see him. I think he was at that point living at 21 Oregon Trail. I went to see him, and I said, I'm concerned that all these people have this idea that skinniness is the ultimate objective. And I said to him, It also worries me deeply given that in this society right now, with -- with the -- the obsession, with the bodies and models and everything, like I don't think it's healthy to tell a woman that their -- her weight is tied to her enlightenment or her growth or whatever. It's just unhealthy. It's going to -- it' -- it's bad. Women, and especially young women have enough issues already with their appearance given the culture we live in, why -- why do that? And he said to me, Well, you know, I work with different people in different ways, and there's different reasons for different things. And I -- you know, it wasn't making any sense whatsoever.

And I said, But Allison -- you know, what about Allison? She's -- you know, she looks terrible. This is -- if this -- if this is her having some kind of breakthrough, I don't what's going on. Then I don't understand breakthroughs because she looks horrible. And he said -- I said to you, You know, she looks broken. And he said, Well, I'm trying to break her. And I was like uh-huh. Okay.

Well, she's not looking healthy. And he said, Well, she's still getting her period. And I was like, Okay. I wasn't sure where else to go because I -- I don't know -- I was thinking to myself, Well, you know, you can take a pill and still do a whole bunch of things, so...

But in the end I just backed away, because I couldn't get any clear answers, and -- and I felt like -- I just think something's wrong and I can't quite put my finger on what it is.

MR. LESKO: In addition to Allison Mack, do you recall any other women in the community who looked skinny?

MARK VICENTE: Many -- many of the people that were -- had some kind of a close relationship with him. Some of them that might be in the inner circle were extremely skinny. You know -- I'm sorry. I'm referring to a list to make sure I get this right: Daniela Padilla, you know, Monica Duran, a number of the -- a number of the women that were spending time with -- with Allison Mack would eventually -- I was concerned about, you know, India's weight.

There seemed to be a kind of a club of I young women gathering around Allison Mack and they just didn't look healthy. I mean, you know, maybe they were healthy by Fashion Week's standards, you know, which is not healthy in my opinion, but they just did not at all look good. They were just obsessed with eating as little as possible, and they would literally measure their calories on a scale. There was all this measuring going on. And there was also this obsessive penitence that they would do if they messed something up. You know, so if somebody was on a certain number of calories and they messed something up, then they would cut their calories. You know, and when I was hearing that people were cutting it down to 500 calories or 300 calories, something's not -- I mean, okay. So I'm fat. But, like, something's not right.

MR. LESKO: Showing you what's been admitted as Government's 45. Do you recognize that photograph?

MARK VICENTE: Yes, that's Daniella Padilla.

MR. LESKO: Was she one of the women who concerned you?

MARK VICENTE: Yes. She had always been skinny, but it -- it -- it looked to me to be getting worse.

MR. LESKO: Was Marianna skinny?

MR. LESKO: Showing you what has been admitted as Government's 26. Who is in that photograph?

MARK VICENTE: That is Marianna.

MR. LESKO: Was Nicky Clyne skinny?

MARK VICENTE: She was also very skinny, yes.

MR. LESKO: Showing you what's been admitted as Government's 15. Who is in that photograph?

MARK VICENTE: That is Nicky.

MR. LESKO: Are you familiar with a woman named Sylvie?

MR. LESKO: Was Sylvie one the women who was skinny?

MARK VICENTE: Exceedingly, yes.

MR. LESKO: Are you familiar with a woman named Kerstin?

MR. LESKO: Was Kerstin skinny?

MARK VICENTE: Very. She was one of the ones I was very concerned about.

MR. LESKO: When the defendant told you that he was trying to break Allison Mack, what was your interpretation of that comment?

MR. AGNIFILO: I'm going to object.

THE COURT: As to form. Sustained.

MR. LESKO: I'll rephrase, Your Honor. Thank you.

BY MR. LESKO:

MR. LESKO: When the defendant told you that he was trying to break Allison Mack, what was your reaction to that comment?

MARK VICENTE: I was disturbed because a part of me thought okay, well, so we're trying to break pride. Okay? I mean, I -- I get that. But I couldn't understand why somebody withering away was somehow going to fix that. That was the part I didn't get. And -- and the thing is, I -- I -- I was at this point beginning to ask Raniere a lot of questions, but there was still the issue of my rank and his rank. So I had to be very careful that only in private would I ask him certain questions, not in public. And then also even in private, this was somebody who was, like -- it's like questioning the king, you know? Like at a certain point just slow down and be careful.

So I would office just nod my head and think, okay. Well, he's got some understanding that I don't have and maybe there's some wisdom I just can't get because of something he knows. I don't share that anymore, but that's what I thought at the time.

MR. LESKO: During the time period you were involved with NXIVM, did you became aware that the defendant was in sexual relationships with any women in the community?

MR. LESKO: How did you acquire that information?

MARK VICENTE: Well, one of the ways was when Barbara Jeske died, after she died he spoke to me and said this was like losing a wife for him. And I'd never heard him say that before. And suddenly it occurred to me, Oh, I didn't realize that that was the relationship. That was quite -- it was a surprise to me. And it sort of made sense because, you know, he said to me once, like when it comes to having sex he really needs to know somebody, and -- and it takes at least a year to really, really know somebody before that happened. So I thought okay. Well, you know, he's known her a long time. I guess that kind of makes sense.

And then later, there was an actress that I had introduced him to, and he told me that they'd begun a thing together, and that it had got very inflammatory and she hit him. And I thought, Okay. So they're a thing. I -- I -- I took that to mean a sexual thing given the way they were with each other. And then in 2017, he told me that he had conceived with Marianna, and I was surprised that I didn't -- I didn't really -- even though they were together all the time, I didn't know that that was their relationship, and I -- it was a disturbing conversation in general to me. But I decided to just, you know, in essence, not show that I had deep concerns about it. And I said to him, You know, okay, well, I guess congratulations are in order, and I just left it alone. But I began to develop a picture in my mind. Okay. So there's lot more going on than I realize.

MR. LESKO: So I think you testified previously that the defendant resided with Marianna and Pam Cafritz; is that correct?

MR. LESKO: And did you have an understanding as to when actually that baby with Marianna was conceived?

MARK VICENTE: When we spoke about it, the baby was conceived around the time that Pam Cafritz was dying or had just died.

MR. LESKO: Were you aware that the defendant had other children with other members of the NXIVM community?

MARK VICENTE: Yes, I was.

MR. LESKO: If you could --

MARK VICENTE: Yeah. There was a -- there's a story that -- that was heard in the community about a -- I don't think --

MR. AGNIFILO: I'm going to object.

THE COURT: The way the response is starting, I think I'm going to -- I'm going to ask that you rephrase the question and the jury will disregard the answer of your last question.

MR. LESKO: Did you became aware that the defendant had a child with Kristen Keith?

MARK VICENTE: Yes, he told me that.

MR. LESKO: Do you know the name of that child?

MARK VICENTE: The name of the child was Gaylyn.

MR. LESKO: Was Gaylyn a boy or that girl?

MARK VICENTE: Gaylyn was a boy.

MR. LESKO: Did you later learn that the defendant had sexual relations with other members of the NXIVM community?

MARK VICENTE: Once I had left, yes. But while I was still in, there was -- those instances I mentioned to -- most of the ones I knew about.

MR. LESKO: Approximately how many members of the NXIVM community did the defendant have sexual relations with?

MARK VICENTE: I think it was in excess of 20.

MR. LESKO: Did you witness the defendant being physically intimate with women in the community?

MARK VICENTE: Well, generally speaking when he would meet one of the, you know, or younger women that spent time with him, he was always very intimate with them, you know, hand holding, touching, walks sometimes hand in hand. You know, kissing on the lips, a lot of tenderness, the kind of tenderness that is not usual in a corporate environment. And then, you know, I saw at one point, you know, an instance that gave me pause. But other than that, it was, generally speaking, just the way he was with -- with each of them. The way I saw it is they were -- they were like -- almost like giddy call girls and he was kind of the connect with each of them in different ways. But there was a lot of, you know, physical contact and whispering.

MR. LESKO: Did you witness the defendant being physically intimate with Clare Bronfman?

MARK VICENTE: Same kind of things kisses, talking, there was a lot of hand, the touching and there would be this sort of fingers intertwine and then rolls around, that kind of stuff. As I had said, it's -- it's not just, you know, corporate buddies hanging out, there's something else.

MR. LESKO: Did you witness the defendant being physically intimate with Allison Mack?

MARK VICENTE: I did, the same kind of thing.

MR. LESKO: Let's discuss Allison Mack for a moment.

MR. LESKO: I'm going to show you -- and I'm not sure if the Elmo --

THE COURT: Yes, it's working again. There you go.

MR. LESKO: Thank you, Your Honor.

BY MR. LESKO:

MR. LESKO: I'm showing you -- we've seen this previously Government's Exhibit 39. Do you recall when you first met Ms. Mack?

MARK VICENTE: Yes. I don't recall the exact year, but it was at a volleyball game. She had just flown in from, I think it was Seattle on the Bronfman jet, and he had just come from the airport to come and meet -- well, she told me to come and meet me and Raniere.

MR. LESKO: What was Allison Mack's role in NXIVM?

MARK VICENTE: Well, in the beginning she was, you know, a student who became a coach, who eventually became a proctor. She was one of the heads of Jness, but I don't know the exact make-up of the ranking system, so to speak, but she was one of the leaders. She was the head of humanities in -- in Albany.

MR. LESKO: Was that a committee?

MARK VICENTE: That's a committee, yes, yes.

And then she also was the head of the company called The Source, which would be the acting program. And then she also for a time was involved in a company called The Knife. The Knife of Aristotle was a media analysis company.

MR. LESKO: Who promoted Allison Mack to proctor?

MARK VICENTE: I don't recall exactly, but I do remember having a discussion with Lauren Salzman about it. Because I remember when she was going to be promoted, I remember saying like I can't -- are you serious, that's insane. There's something not stable about her. And -- and -- and she's got this gaggle of women that she's mentioned that are not doing well. I was very concerned. I don't recall who exactly gave the final sign-off on the promotion, though.

MR. LESKO: Who had ultimate authority to decide on who would progress on the path?

MARK VICENTE: The ultimate authority was -- was Raniere. Lauren Salzman would -- would make the final decisions because he is -- would be the final say.

MR. LESKO: Was Allison Mack a member of the defendant's trusted group?

MR. LESKO: When was The Source developed?

MARK VICENTE: The Source was developed sometime at 2014. It was one of the companies under the -- what was called The Ultima umbrella, and it originally consisted of Allison and then I think there was 12 of us guys involved as well, 12 involved altogether.

MR. LESKO: And did The Source have curriculum?

MARK VICENTE: The Source had curriculum. What would happen with that curriculum is Raniere would meet with us, myself or somebody else would videotape the meeting. And that would be turned into the actual curriculum. And then once he had done, you know, the term that he used and others used, "the download of all of the material," that was turned into like written things and videotapes and then we began running trainings.

MR. LESKO: And the focus was on actors?

MARK VICENTE: The focus was on actors. We were told later musician and, you know, public speakers, but it was mostly performance. You know, being in front of people, how to best use the instrument of -- of presentation or performance.

MR. LESKO: Did the curriculum developed for The Source, was that an adaptation of the defendant's tech system as applies to actors?

MARK VICENTE: To some degree. There were certain things in there that were part of some of the other curriculum. There was a section that -- that was from Ultima reverence in terms of teaching people, you know, emotional flexibility, how to deal with, you know, feelings that you struggled with. And then there was this -- which I think -- I think I mentioned before, this focus on showing -- looking like you're having the feeling but you don't have to show it, just look like you're having it. So again, like you don't have to be feeling any grief just, you know, look -- what do people look like when they're grief stricken. Then do that, what do their heads do, arms do, do they look down? And basically, you know, teach actors as opposed to model. I was used to the more inside out, which was with field of thing body, find a moment in your life. This was more, well, a shortcut. Just look like you're having the emotional and the audience will believe you.

MR. LESKO: Did Allison Mack eventually move to Clifton Park?

MARK VICENTE: She did eventually. She moved from Casual Gardens, I think, to Clifton Park.

MR. LESKO: Do you recall approximately when this happened?

MARK VICENTE: I -- I know for sure it was pre-2013, but I don't remember the exact year.

MR. LESKO: And where did Allison Mack reside in Clifton Park?

MARK VICENTE: So she moved into 77 Generals Way, actually, along with my wife and I.

MR. LESKO: Showing you what has been admitted as Government's 120. Do you recognize that photograph?

MARK VICENTE: Yes. That is 7 Generals Way.

MR. LESKO: And is that the residence where you lived with your wife and Allison Mack?

MR. LESKO: Did you stop living with Allison Mack at 7 Generals Way?

MR. LESKO: What happened?

MARK VICENTE: She had said at one point she needed to do some more private work and she needed to be alone. So she moved a few blocks away to Grenadier Court, I think, is the name of the street. She said she needed privacy to do some of the different projects she was working on.

MR. LESKO: Did Allison Mack get along with your wife?

MARK VICENTE: At the beginning, I think, yes. Later, not so much.

MR. LESKO: Was your wife involved in The Source?

MR. LESKO: Was there conflict between your wife and Allison Mack regarding The Source?

MARK VICENTE: There was. The concerns my wife had related to the divisions that were occurring in the company, where, you know, there were like 12, maybe 13 people that all felt like that was part of their company, and then suddenly there were their divisions, of like, no, you people are not in charge, these people are in charge. And it got a lot -- it was messy. She had concerns about the way it was handled, the way -- the some people had been just been, you know, pushed to the side as unimportant in essence, just having no value in this company at all. And she brought that up a few times, and she was challenged a great deal about that. And she also had concerns about Allison's, you know, psychology about her, you know, erratic behavior and whether she was the -- would be able to lead well.

MR. LESKO: At some point do you recall a meeting involving yourself, Allison Mack, your wife and the defendant?

MARK VICENTE: Yes. He offered to do an arbitration between Allison and my wife, and I was there as well. Because I had said to him things were not -- you know, things were not still working. There's a lot of unresolved issues with this company and a lot of people feel very slighted. So he said, well, maybe I should jump on board, which is pretty unusual. Most of the time he would say it's not good if I would do an arbitration because I'm final point. After me is the point of no if return, so did other people do that.

For some reason he felt that he would do the arbitration.

MR. LESKO: What was an arbitration at NXIVM?

MARK VICENTE: An arbitration at NXIVM is basically figuring out what is the issue that each person is having, and then trying to help them understand how the issue they're having is related to their particular -- their particular issues. You know, their inner deficiencies, their life issues, that kind of thing and to get each party to take responsibility for what's theirs and then see if there's any action that needs to be taken in some way.

So it wasn't just, well, okay, each of you talk. It's each of you talk and now let's look at other unresolved things with respect to each of you that you need to look at that may be affecting the way you're seeing things. That's generally speaking.

MR. LESKO: So what did the defendant say at the arbitration meeting involving yourself, Allison Mack and your wife?

MARK VICENTE: Well, he started the meeting by saying, well, let's just start with ground rules. Does everybody at the table believe that at everybody at this table have good intent? And, of course, everybody said yes. If you said no, it would be a huge problem. Saying no was a huge problem because it looks like, oh, you project, if you think somebody has bad intent, oh, well, clearly you're the one with bad intent, so of course you said yes.

And then he began to elicit from each person to different things. He basically had Allison admit that she, you know, hated my wife, was trying to destroy her. Was very jealous of her. And then, you know, he said to my wife, you know, basically, you know, there's things you've been through like loss of innocence, I've seen this kind of thing. And then he tasked -- basically he tasked Allison with finishing it, that what she done was a real problem and that she needed to really look into herself and fix this -- this impulse that she has to destroy another woman. You know that has to be fixed.

So that was the way I remembered ending was basically she has to go fix this.

MR. LESKO: You referred to a person named India. Do you know India?

MARK VICENTE: I did know India for quite some time.

MR. LESKO: Is India the daughter of the well-known actress?

MARK VICENTE: Yes, she is.

MR. LESKO: Showing you what has been admitted as Government's 56. Do you recognize that photograph?

MARK VICENTE: That is India.

MR. LESKO: How did you meet India?

MARK VICENTE: I met India in Los Angeles, I don't know the -- I don't remember the exact year. It was maybe -- you know, 2011, 2012, maybe. We would do introductory presentations. And we were doing one in Santa Monica and India and her mother came to the -- excuse me -- to the presentation along with a lot of other people. And myself and Sarah were doing the actual presentation, and at the end of the presentation, India decided that she wanted to join and do an intensive. So that was basically my first -- the first time that I met her.

MR. LESKO: Did India have a relationship with Allison Mack?

MARK VICENTE: She would come to have a relationship when she spent more time at Albany. She -- she ended up being tutored by Allison Mack or Allison Mack took a particular interest in her and took her under her wing. And, you know, I had -- I had a lot of concerns about that.

MR. LESKO: So India traveled to Albany to take NXIVM programs?

MARK VICENTE: She did. She did the first five days in Los Angeles and she may have done the remaining 11 days in Albany, I don't recall, but then she began doing some Level 2s. She joined Jness as well. And she ended up doing a lot of curriculum.

MR. LESKO: While she was in Albany, are you aware that India had gone on a walk with the defendant?

MARK VICENTE: Yes. That conversation I had with Raniere. India was part of the Los Angeles center and she had all these different dreams and things she wanted to do, and my wife and I were trying to help her. I was shooting material of her. She wanted to create sort of the, you know, talk show of talking to amazing people in the world and, you know, she wanted to create this cooking line. So she had a lot of dreams and the way I was thinking of things at the time is that's what we want to do. You know, we want to help people make their dreams come true. So I found that India was struggling with leadership so we put her in charge of certain things in the center and see if she could step up as a leader. Then she went to Albany and suddenly just gave everything up. She decided, well, I think I'm going to leave Albany and I remember going, What about your dreams? I'm sort of changing my focus and then she said she took a walk -- she said she took a walk with Keith and, I'm much clearer now.

So I called -- I don't remember if I called Raniere, if I spoke to him in person, I said, I'm very concerned. We're just beginning to get to this place where she might begin to take leadership, which would help her in her life and suddenly is she gives everything up and now she's going to Albany. What happened on that walk? He said, well, I don't remember very much, we talked a much, I don't -- that's not what happened, there must have been something but he was very, very vague about it, and I say I'm very concerned. She's kind of giving up everything she cares about to go live in this little place and I don't know if that's going to be that good for her.

And, you know, in usual fashion, he said a bunch of things like, well, maybe I don't know what's going on.

MR. LESKO: I think you mentioned that you had some important concerns about India's relationship with Allison Mack?

MARK VICENTE: Well, I was very concerned with -- with what happened with -- that I saw with India was that she became enamored with Allison Mack. The kind of enamor where you don't just admire someone because they were skilled, like fall in love with Allison Mack, you are my everything. And I said to myself, something's unhealthy about that. I don't know that it's healthy for her to look at Allison Mack as some kind of, you know, deity who knows all. Knowing Allison, I think Allison was that. And I didn't think that Allison should necessarily be mentoring young women, so yeah, I had concerns.

MR. LESKO: You discuss those concerns with the defendant?

MR. LESKO: What did you say?

MARK VICENTE: I remember saying something like, I don't think that she should be mentored by Allison. I don't think it's healthy. I think Allison has a series of issues that I'm concerned with and I don't think she should be teaching India or some of the other people.

MR. LESKO: What was the defendant's response?

MARK VICENTE: I don't -- I don't recall specifically. I -- I do remember him saying something like, you know, well it's not really my concern. It was the strange thing of he knew about everything, but then when I questioned about him about some things, then he didn't know about it. So it was a mystery.

MR. LESKO: Did India become involved in a NXIVM-related company in Clifton Park?

MARK VICENTE: Yes. So one of the companies that she was involved with is she was in a company call Delegates, and as I said before Delegates was like a task rabbit, you know. You call somebody, I need my laundry picked up, or I need to be picked up from the airport, kind of thing. So India was basically put in charge of Delegates. That was her company. People would call her or text her and tell her what we needed and she would look at the workforce that was available and then assign them. So that was her company.

MR. LESKO: And who worked for Delegates?

MARK VICENTE: The people that worked for Delegates were mostly the younger people in the community. A lot of the LeBaron girls were working for Delegates, and then some of the other younger members. They were -- they were, you know, younger people that didn't really have a career choice yet that were working for her.

MR. LESKO: And the LeBaron girls were from the community in Mexico?

MARK VICENTE: The community of -- of LeBaron, Chihuahua, yeah.

MR. LESKO: Do you know a person named Debra?

MR. LESKO: Who is Debra?

MARK VICENTE: Debra is somebody who was a student initially in the Los Angeles center. And then also came to Albany to take some trainings as well. I don't recall exact trainings.

MR. LESKO: Did you ever have a discussion with the defendant about Debra?

MARK VICENTE: I did.

I'd had a conversation with her about the concern she had and I remember -- I called -- I think I called the defendant -- I think I called Raniere. And I said I have some concerns about what -- what she told me that I want to talk you about.

MR. AGNIFILO: I'm sorry, could we approach?

THE COURT: Approach.

MR. AGNIFILO: Yes, just a sidebar.

THE COURT: Sure, sure.

(Continued on next page.)

sidebarsidebarDebra’s Identity and Continuing Defense Objection

(The following occurred at sidebar.)

MR. AGNIFILO: We have no the idea who Debra is.

MR. LESKO: Giannone.

MR. LESKO: Debra Giannone.

MR. AGNIFILO: Are you not know using her last name? I'm just trying to figure out just because during testimony, we don't know who he's talking about.

MR. LESKO: She was recruited to become a member of DOS.

MR. LESKO: Did not agree to become a member, but I think she -- as I understand it, I believe she's an actress of some note. And so by revealing her last name, it would be unduly embarrassing for her.

MR. AGNIFILO: Okay. Is she on the list?

MS. PENZA: We talking about her, the same as the other day.

MR. AGNIFILO: Okay. I didn't know who --

THE COURT: Well, good. All right. Good to know this.

MR. AGNIFILO: And just so we're clear, we're continuing to object, I know, I know --

THE COURT: Well, you don't --

THE COURT: Your objection is on the record.

MR. AGNIFILO: Thank you. Thank you.

THE COURT: It carries through.

MR. AGNIFILO: Thank you.

THE COURT: The entire trial.

MR. AGNIFILO: Very good. Thank you, Judge.

MR. AGNIFILO: Thank you.

(Continued on next page.)

DirectDirectMark Vicente — Direct Mark Vicente Mark Lesko

(Sidebar ends; in open court.)

BY MR. LESKO:

MR. LESKO: Mr. Vicente, you were recounting the conversation you had with the defendant about Debra. If you could continue.

MARK VICENTE: Sure. In the conversation I had with Debra --

MR. LESKO: With the defendant?

MR. LESKO: Oh, I'm sorry.

MARK VICENTE: Well, conversations with the defendant -- I'm sorry, conversation with Raniere is about the conversation I had with Debra.

MR. LESKO: Very well.

MARK VICENTE: In the conversation I had with Debra, she had told me she had on Facebook had --

Continue to next page2.Hearing on DOS Statements and Limiting Instructions