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2019 Federal TrialtranscripttranscriptMark Vicente — Direct (Part 5) - Day 4 - 2019 Federal TrialMark Vicente continued direct examination about concerns surrounding Raniere, NXIVM’s internal practices, and his loyalty after his wife’s departure. Photo-session videos were admitted, and Day 4 ended with direct examination unfinished.
Mark LeskoMoira Kim PenzaMarc AgnifiloNicholas G. GaraufisMark VicenteMR. LESKOMark VicenteTHE COURTMR. AGNIFILOMS. PENZAdirectsidebar
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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DirectDirectMark Vicente — Direct (Continued) Mark Vicente Mark Lesko

DIRECT EXAMINATION (Continued) BY MR. LESKO:

MR. LESKO: Good afternoon, Mr. Vicente.

MARK VICENTE: Good afternoon.

MR. LESKO: When we left off, you were discussing a conversation you had with the defendant about a conversation you had with a woman named Debra, okay?

MR. LESKO: Let's break this up.

Let's start with what Debra told you. So if you can tell us what Debra told you?

Hold your answer briefly.

THE COURT: Just hold your answer.

Members of the jury, I'm permitting this witness to testify about what Debra said to him. I'm allowing this because these statements of another person are relevant to Mr. Vicente's state of mind and their effect on Mr. Vicente. But they are not being offered for the truth -- for the truth of the statements themselves; therefore, you are to consider these statements only to the extent that they had an impact on Mr. Vicente's state of mind, and their effect on Mr. Vicente, and not for the truth of the statements themselves. Only their effect on the -- on this witness' state of mind and the effect on him.

So now you may answer.

MARK VICENTE: I had a phone conversation with Debra and she told me that there's a function on Facebook where you can poke somebody.

She told me that Raniere had poked her, you know, several times. That he had asked if he could Skype with her. And that also when she was in Albany and she attended volleyball, he walked off the game mid-game and sort of fawning all over her and she was very creeped out.

She also told me that she had a concern, because somebody called Amanda had tried to enroll her into a secret society, and Amanda wanted for her to give some form of collateral, you know, blackmailing material to keep her silence about the society. And she was deeply concerned about these things. So that's what she shared with me.

MR. LESKO: Did you subsequently have a conversation with the defendant about what Debra had told you?

MARK VICENTE: I did.

So in the conversation with him, I said -- I said to him something to the effect, you know, what are you doing with her? You're scaring her. You poked her on repeatedly on Facebook. He said, "Well, it was just once."

And I said, "And what about Skype? I tried to Skype you for years and you said you don't have Skype."

And then also I began talking to him about this secret society and somebody trying to enroll her in something that required, you know, blackmailing material. And I was very concerned about it.

And he said to me, well, can you -- it was a fairly long conversation about a number of things; you know, including my understanding at that point that he might be the head of this society, and that he said to me: "Well, could you tell me who it is?" And I said: "I can't. Because if you are indeed the head of this society and this is true, if I tell who it is, you might release their collateral to the world in some way, and that's a huge problem."

So that was a -- a grave concern to me. And he said: "Well, he would investigate it." We had a private conversation about things going on with the -- with the women that he said he would investigate and, again, he was saying: "I'll investigate it."

And I remember further saying to him: "I'm really worried about these women. They look like zombies."

I remember him saying: "You have to define what a zombie is." And I realize I gave him a general practice of deflection.

So I said: "Okay, call me crazy then." He says: "Well I'm not calling you crazy, we have to figure these things out." And I had the sense that he was just evading me.

MR. LESKO: Did you -- when was that discussion, if you can estimate?

MARK VICENTE: I think that discussion was April 2017, I think.

MR. LESKO: You mentioned that NXIVM operated in Mexico; is that right?

MR. LESKO: Did they have actual physical centers in Mexico?

MARK VICENTE: They did. They had a physical space in Mexico City, in Monterrey, I believe Leon, Mexico, and I believe Guadalajara had a space as well.

MR. LESKO: Did NXIVM eventually create a corporation in Mexico?

MARK VICENTE: My understanding was that sometime, I think in 2016, a corporation was created. I think it was NXIVM Mexico, I think.

MR. LESKO: Did NXIVM's Mexican programs cater to a specific type of person?

MARK VICENTE: Well, they were known for catering to the very, very wealthy individuals, much more so than any other center. Their people were, you know, from very wealthy, prestigious, powerful families.

They were the children a number of ex presidents, large corporations, large media corporations. I would say the upper echelons of society.

MR. LESKO: And who led NXIVM's Mexico operation?

MARK VICENTE: The center owners were Emiliano Salinas and Alex Betancourt.

MR. LESKO: Was Alex in the defendant's trusted group?

MARK VICENTE: I think at times he was. Not always, but at times.

MR. LESKO: Was Emiliano?

MR. LESKO: You mentioned that you traveled to Mexico.

MR. LESKO: Did the defendant travel to Mexico?

MARK VICENTE: While I was in ESP, not that I'm aware of. I was only aware of after I left.

MR. LESKO: Did any other members of the trusted -- the defendant's trusted group travel to Mexico?

MARK VICENTE: I can't say for sure it's everybody, but I mean people traveled all the time from the company because there were a number of intensives happening in Mexico. There were Jness intensives, SOP intensives, ESP intensives. But I do believe a number of the trusted certainly did travel, yes.

MR. LESKO: Did you ever visit the island of Fiji in connection with your involvement with NXIVM?

MARK VICENTE: I did. I went to the island -- I think it's called Wakaya, W-A-K-A-Y-A. Wakaya, which is one of the islands of Fiji.

It's somewhat of a private island with its own airstrip.

MR. LESKO: And I think you previously testified that NXIVM was involved in acquiring properties in Fiji. Was it on that specific island?

MARK VICENTE: Correct, yes.

MR. LESKO: So what did you do in Fiji when you traveled there?

MARK VICENTE: I went -- it may have been up to three times. I went once for a VIP intensive. I was going to shoot the island, you know, recording video and photography, aerial drones, that kind of thing.

Another time was I think a different intensive, and then another time was purely a kind of vacation where Pam Cafritz invited a number of us to the island to spend time with her and Raniere and, you know, each other.

MR. LESKO: What was NXIVM doing in Fiji?

MARK VICENTE: My understanding was it was being designed as a place to hold VIP intensives. It was also being designed as a time share for NXIVM members who wanted to pay the yearly fee.

And I know that a number of properties were being purchased. I think eventually all of them were. I think, but I'm not entirely sure.

MR. LESKO: Do you recall who owned these properties?

MARK VICENTE: The properties that were purchased?

MARK VICENTE: I remember that one of them was owned by the gentleman who used to own Fiji Water. I don't recall his name now.

But they were bought -- in essence, my understanding was that Clare Bronfman and Alex Betancourt partnered up with Raniere to purchase the properties on the island.

MR. LESKO: I'd like to draw your attention to approximately 2012.

Do you recall a photographing and videotaping session of the defendant in his executive library?

MR. LESKO: And what was your role in that session?

MARK VICENTE: I was working on the Mexican film "Encender EL Cocorazon." E-N-C-E-N-D-E-R, space, E-L, space, C-O-C-O-R-A-Z-O-N, and there were a number of phone calls that I had with Raniere, you know, in years prior, and I wanted to do a recreation of those phone calls and I thought the best way to do that was maybe doing still photography of both him and then myself separately and using narration to suggest what we were talking about.

So I asked him if I could shoot some stills, still photographs of him, and I had used the -- what's called the executive library upstairs before to shoot things and I thought that would be a good setting to shoot him.

So I went to do this photo session and it was videotaped as well at the same time. I wasn't sure because I may use video, I may use stills, and we just did both.

MR. LESKO: Did Adrian do the videotaping?

MARK VICENTE: He was doing the music, yes.

MR. LESKO: What did the defendant use the executive library for?

MARK VICENTE: My thought was study. My thought was that he was there alone working on different things.

There were a great many books in the library to do with science and philosophy and, you know, psychology and biology and that kind of thing. And there were a number of computers. And, you know, to me it looked a bit like what I call a man den, an office.

MR. LESKO: Was the library -- I think you testified about this. Was the library built for the defendant?

MARK VICENTE: That's my understanding.

MR. LESKO: Did it contain a bed?

MARK VICENTE: It did. It contained a raised bed that required stairs to get up to. It was a large mattress. A space underneath. And there was a hot tub underneath that. And there was lot of bookshelves. There were some wardrobes. There were a bunch of white boards as well. Bathroom. Sauna.

MR. LESKO: So office area, bathroom, sauna, hot tub, and then a bed over the top?

MARK VICENTE: Correct. Correct.

MR. LESKO: I'm going to show you what's been marked for identification as Government's Exhibit 175.

I'll show you the front of that exhibit and then the back.

MR. LESKO: Do you recognize Government's Exhibit 175?

And actually to be precise, 175 includes 175A, C -- A, B, C, D, E, and F, okay?

MARK VICENTE: Okay, I recognize it.

MR. LESKO: Okay. What's included in Government's Exhibit 175?

MARK VICENTE: Those are raw video straight out of camera of -- from the video camera of that shooting session.

MR. LESKO: And so we're talking six sort of snippets or segments of the video altogether?

MARK VICENTE: Correct. It wasn't edited material, so purely as the file comes out of the camera.

MR. LESKO: And you're on each of those videos; is that correct?

MR. LESKO: Your Honor, we offer government's 175, A, B, C, D, E, and F.

MR. AGNIFILO: No objection.

THE COURT: All right. Government's Exhibit 175A, B, C, D, E, and F are received in evidence.

(Government Exhibits A, B, C, D, E, and F, were received in evidence.)

MR. LESKO: Thank you.

MR. LESKO: So we're going to play these videos in order, okay?

MR. LESKO: So I ask the Court if we could...

(Pause.)

THE COURT: Go ahead.

MR. LESKO: Okay, we're going to go through these videos, and I'll ask Ms. Carby to stop them at certain points. The videos are somewhat dark at times, so I don't know if we should...

THE COURT: We'll try.

(Discussion was had off the record.)

THE COURT: You're going to have to do it.

MR. LESKO: All right, let's get started. This is governments' Exhibit 175A.

(Video recording played.)

MR. LESKO: Can you pause there?

(Video recording stopped.)

MR. LESKO: So who is -- who's in this frame right now?

MARK VICENTE: So I'm on the right-hand side of the frame. So I'm over here (indicating). Right over here --

THE COURT: Go ahead.

MARK VICENTE: This here is -- that's Pam Cafritz to the extreme left.

To the right of her also standing is Marianna.

And then seated is Raniere.

THE COURT: Where is he?

MARK VICENTE: He's seated. There's a chair. On either side of this chair.

MARK VICENTE: It becomes clearer as you go along.

THE COURT: All right, go ahead.

MR. LESKO: Okay, we can continue.

(Video recording played.)

MR. LESKO: Okay, stop.

(Video recording stopped.)

MR. LESKO: And so Marianna is to the right and who's the left?

MARK VICENTE: Pam Cafritz.

MR. LESKO: And defendant's in the middle?

MARK VICENTE: In the middle seat.

MR. LESKO: And at this time was he living with --

MR. LESKO: Please continue.

(Video recording played.)

MR. LESKO: If we could stop.

(Video recording stopped.)

MR. LESKO: Do you recognize what the defendant is looking at?

MR. LESKO: And this is -- I'll give the timestamps for the record.

We're at one minute 23 seconds.

MARK VICENTE: He's looking at the wedding album of my wife and I from the photographs that were taken at the wedding, according to the book.

MR. LESKO: Did he attend your wedding?

MARK VICENTE: He did not.

MR. LESKO: Did he have any role in it?

MARK VICENTE: He designed the vows for the wedding. And I had a discussion with him sometime earlier that we intended to marry. He offered to write the vows, and then he gave them to us I think the day of the wedding. And these are those vows.

MR. LESKO: I think we previously oriented this video -- this videotape session to the year 2012.

Do you recall what month 2012 this is session was?

MARK VICENTE: I think it was February.

MR. LESKO: February? Was it 2012?

MARK VICENTE: 2012, yes.

It's also in the timestamp in the middle there.

MR. LESKO: All right. We can continue.

(Video recording played.)

(Continued on next page.)

DIRECT EXAMINATION (Continued) BY MR. LESKO:

MR. LESKO: Could you stop that. Did he say a woman is piggy?

MR. LESKO: You can continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: Could you stop, please.

So what did the defendant just say about -- we're at timestamp 5:01 -- what did the defendant say about whether or not he had read all the books?

MARK VICENTE: I believe he said he read some of them. Some of them he just knew about.

MR. LESKO: We can continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: You can stop there.

5:22 the defendant mentions having the books in obsessive compulsive order. What was your understanding of what he meant?

MARK VICENTE: There was a categorization system that he had which I didn't know that I was aware of. He was very particular about the order of books. He was very particular about things in that particular room.

MR. LESKO: Okay. We can continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: Can you stop it there.

I'm at timestamp 6:15, but I think it was around 6:10 the defendant said, It's very difficult to bring order out of chaos. Something to that effect?

MARK VICENTE: That's what I understood. I think he was speaking in reference to -- he had a certain order for the books and that they had been messed up. It may have had other meanings, but...

MR. LESKO: Okay. Let's continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: If you can stop. Thank you.

So the desk that the defendant was sitting at. Was that his desk?

MARK VICENTE: That's my understanding.

MR. LESKO: And is that where he worked?

MARK VICENTE: I don't know if that's -- I mean, he said he did work there at times but I -- it's hard to say because we were, in essence, pantomiming things.

MR. LESKO: We can continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: You can stop right now. Okay.

Do you see hard drives in that still at 7 minutes and 7 seconds?

MARK VICENTE: Yes. There are two right over here. (Circling). There was one that was out of frame when we panned across. There was a large like a LaCie hard drive on the desk.

MR. LESKO: You circled the first set of hard drives that you just mentioned.

MARK VICENTE: Correct. The two on the left are hard drives. The box on the right I think is some kind of a player. I think it's a mini-DV player of some sort.

MR. LESKO: Now, are those hard drives they seem to be on a shelf of sorts; is that correct?

MARK VICENTE: That's correct.

MR. LESKO: And are they just to the right of the seating area of Mr. Raniere's desk?

MARK VICENTE: Yes, they are to the right.

MR. LESKO: We can continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: Stop, actually.

Is there any way to go back one second or two seconds? That's fine. And if we could -- go ahead. One more second, sorry, right there.

So do you see the other hard drive? You mentioned drawing a circle around a silver box at timestamp 7 minutes and 9 seconds; is that right?

MR. LESKO: Where is that hard drive that you just described?

MARK VICENTE: It's on the desk to the right of his the work area he was sitting at a moment ago.

MR. LESKO: Okay. If we could continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: Ms. Carbi, I think we can fast forward two minutes if that's possible.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: If we could stop. So the hard drives that you previously identified, could you circle where they're located on this still which is 11 minutes and 50 seconds?

MARK VICENTE: (Circling). It's not entirely accurate, but just above the two green marks above the green circle I believe is where the two are. And then where that X is lower down, if you go up slightly and to the left, you'll see the silver case and the blue, there was a blue glow which is a light of the other hard drive.

MR. LESKO: Thank you. We can continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: Could you stop, please.

Did you understand what he was talking about just then, talking about the nebula?

MR. LESKO: And that was roughly 12 minutes and 50 seconds. You can continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: Thank you. So that completes Government's Exhibit 175-A which we can pull up 175-B.

While we're doing that, the library what property was that located in?

MARK VICENTE: That was upstairs in 8 Halo Drive.

MR. LESKO: We can play it. This is 175-B.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: We could stop it right there. So this is time stamped one minute and 20 seconds. And you're -- are you standing on a table?

MARK VICENTE: I was standing on a table, correct.

MR. LESKO: What's to the left of you?

MARK VICENTE: To the left of me are folding stairs that go up to the bed.

MR. LESKO: Could you circle the stairs, please.

MARK VICENTE: (Circling).

MR. LESKO: Could you draw like a pointing line towards the bed area?

MARK VICENTE: (Marking).

MR. LESKO: What was underneath the bed?

MARK VICENTE: So directly underneath the bed was some empty space and then where you see the head of Pam Cafritz. Just on the other side was a hot tub.

MR. LESKO: Okay. We can continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: Ms. Carbi, I think you can fast forward a minute.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: If I could pause it. What is the defendant saying at this point? We're at 3 minutes 43 seconds of Government's Exhibit 175-B. What's he saying about where he should be located?

MARK VICENTE: Well, he's suggesting that the way the light is not accurate. It wouldn't be that way when he's making a phone call and he probably wouldn't make it there. So we're talking, well, where would he make it which is on the other end of I think he goes to lie down on a chair or something. He told me he did a lot of things lying down.

MR. LESKO: Okay. Let's continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: Okay. 175-B is completed. Let's move on to Government's 175-C.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: Stop that.

What was the hand gesture the defendant just made?

MARK VICENTE: Middle finger.

MR. LESKO: That's at timestamp 55 seconds. You can continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: Could you pause that. So what did the defendant just say there at timestamp two minutes and 30 seconds?

MARK VICENTE: He said Jim Odato is not picking up my call. He's referencing a journalist that was at the Times-Union at the time who had written a four part expos about him.

MR. LESKO: You can continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: Please stop.

So this is timestamp, 2 minutes and 51 seconds. What's happening on the videotape now?

MARK VICENTE: So as he's readjusting, Marianna is dressing his hair. She was the person who took care of his clothing and the way his hair looked.

MR. LESKO: Okay. Let's continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: Okay. I think we can pause it here.

Ms. Carbi, if we can fast forward to eight minutes. Actually, I'm sorry, seven minutes.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: We could pause it. We're at 8 minutes and 17 seconds, actually, let it go a little bit further, please. Sorry.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: Okay. Let's pause it.

So at 8 minutes and 28 seconds, what is the video depicting now?

MARK VICENTE: This was, according to him, a more accurate representation of how he would make phone calls lying down. He told me he did a lot of thinking lying down as well.

MR. LESKO: So there was a couch in the library or wherever that is?

MARK VICENTE: This is sort of, yes, it's a couch, a futon-ish type thing, yes.

MR. LESKO: Okay. We can continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: If we could stop, actually, go back one second. And stop.

What is depicted to the left of that still shot at 8 minutes and 35 seconds.

MARK VICENTE: Well, the thing he had said to me don't bump the DVDs, they're pulled out for a certain reason. He was very specific about everything in the library and he would say to me please make sure everything is put back where it was supposed to be. He was very precise and specific about things should not be changed.

MR. LESKO: Okay. Let's continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: Could you pause, please.

At approximately 10 minutes and 5 seconds, what did the defendant just say into the phone?

MR. LESKO: We could continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: You could pause, please.

The defendant's discussing sheep on the phone. Do you have any understanding of what he's referring to?

MARK VICENTE: I think he's referring to a joke about somebody who has sex with his own sheep. And I think this is just him riffing on it's okay to, in essence, have sex with, you know, the other sheep that are not yours.

MR. LESKO: Okay, continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: If we could pause it.

That goat reference. What was that in reference to?

MARK VICENTE: He's talking about sounds like a joke about, you know, you put the hind legs of a goat in your boots put it very close, so it pushes back when you have sex with a goat. And then the "you fuck one goat" is reference to a joke where I don't remember the joke very well but it's basically somebody who complains that he's done all this amazing stuff in town, they don't call --

MR. LESKO: It's a joke?

MARK VICENTE: It's a joke. The punch line is you fuck one goat.

MR. LESKO: Very good. If we could continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: I think we can exit out of this video, Ms. Carbi.

If we could play Government's Exhibit 175-D.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: So if we could stop at timestamp eight seconds. What's happening on the video now?

MARK VICENTE: So Marianna is grooming him again just to make sure he looks good for the shot.

MR. LESKO: Okay. We could continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: We could pause and fast forward to seven minutes. I'm sorry.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: I'm sorry, could we go back to six minutes? I apologize.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: If we could pause this.

So what is the defendant doing on the whiteboard now?

MARK VICENTE: Well, he's just looking at the whiteboard and I was trying to capture the idea that he was looking at all kinds of complex equations and having deep universal thoughts.

MR. LESKO: Okay. Let's continue.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: I apologize, Ms. Carbi, can you stop? We've watched six minutes, but if we could go back to 4minutes and 30 seconds. We can watch from 4:30 to 6:00 just to capture the front end of this.

(Video file played in open court.)

(Video file concludes.)

MR. LESKO: If we could pause.

So at 5 minutes and 13 seconds, the defendant just wrote on the whiteboard. Do you have any understanding of what he just wrote on the whiteboard?

MARK VICENTE: I have no understanding, no.

MR. LESKO: Okay. We could continue to six minutes. We can continue from here to 5:14 and play to 6 minutes.

(Video file played in open court.)

(Video file concludes.)

(Continued on the next page.)

DIRECT EXAMINATION (Continued)

(Video plays.)

(Video stops.)

MR. LESKO: Okay. I think we caught up there.

If we could fast-forward to seven minutes, 30 seconds.

(Video plays.)

(Video stops.)

MR. LESKO: Could you pause that?

Thank you.

BY MR. LESKO:

MR. LESKO: What did the defendant just say there about taking his glasses off?

MARK VICENTE: I think I heard, If I take my glasses off, I get sleepy or horny.

MR. LESKO: Okay. We can continue.

(Video plays.)

(Video stops.)

MR. LESKO: If you can pause that?

MR. LESKO: Why is the defendant on the floor at nine minutes and three minute?

MARK VICENTE: He suggesting that he does a lot of his thinking work lying down. And then he said that he does his best creative work in his sleep, I think, is what I heard.

MR. LESKO: All right. Thank you.

MR. LESKO: We can continue.

(Video plays.)

(Video stops.)

MR. LESKO: If you could go back, Ms. Carby, to I think 11 minutes 12 seconds --

(Video plays.)

(Video stops.)

MR. LESKO: I'm sorry. If we could go back earlier. Let's start at 11 even. I apologize.

(Video plays.)

(Video stops.)

MR. LESKO: If you could pause there?

MR. LESKO: Do you see 11:08 on the time stamp, do you see some words in green?

MARK VICENTE: I read, woman and nation.

MR. LESKO: Okay. And that's on one of the white boards?

MARK VICENTE: That is on one of the white boards, yes.

MR. LESKO: If we could continue there?

(Video plays.)

MR. LESKO: If we could pause, please.

(Video stops.)

MR. LESKO: So we're at 12:10 time stamp.

You refer to somebody as Monkey. Who were you referring to?

MARK VICENTE: Marianna's nickname was Monkey.

MR. LESKO: Is that the animal, Monkey kind of --

MARK VICENTE: I assume so. It was the name that Pam and Raniere and pretty much everybody used.

MR. LESKO: Okay.

And just -- we watched quite a bit of video. And all of this video is still a photo shoot of sorts for --

MARK VICENTE: It's a photo shoot. It's also behind the scenes, you know, for the making of, and potentially could have been for video. I don't believe the videos were ever used. We just used the stills.

MR. LESKO: All right.

MR. LESKO: Let's just finish this out. The last two exhibits are very short after this, so we'll just finish this out.

(Video plays.)

(Video stops.)

MR. LESKO: Okay. Let's move on Government's Exhibit 175E.

(Video plays.)

(Video stops.)

MR. LESKO: Okay. And last Exhibit 175F in this series.

(Video plays.)

MR. LESKO: Okay. Thank you.

(Video stops.)

MR. LESKO: I appreciate that.

BY MR. LESKO:

MR. LESKO: Okay. Mr. Vicente, let's talk about some events that occurred in 2016 and 2017. Okay?

MR. LESKO: All right. Do you recall sending a letter to the defendant and others in January of 2016?

MARK VICENTE: I do, yes.

MR. LESKO: And what did you say in that letter -- well, first off, who did you send it to?

MARK VICENTE: I sent the letter -- I sent one letter to Nancy Salzman, and I sent another letter to Nancy Salzman and the entire executive board listing some of my concerns with things I was seeing in the company.

MR. LESKO: Okay. And what did you specifically say in that letter?

MARK VICENTE: I said I had concerns about the way we were treating people, that we -- we purported to be a humanitarian organization, and that when people came in we did not treat them that way at all. We treated them quite poorly. We -- we were -- we were demeaning to people that actually knew what they were doing. And I was trying to point out the way the company was operating was like a cloistered religion that was cut off from the rest of the world. And that people that came in that had -- had a lot of knowledge were considered they don't know because they don't have our ethics, or, you know, they don't know because they're not humanitarian enough. And I was trying to explain that there was a duplicity in the company in terms of what was stated and the way people were treated.

I also said that I was concerned that we're not really promoting people's dreams. We're not really helping them become greater. In fact, we're doing quite the opposite, that we're squashing their dreams and we're squashing what they wanted to do.

I also said that I had grave concerns about the way that Raniere was -- was treated like he was some kind of god, and that people -- some people couldn't make decisions without him, and he was seen as like almost an oracle -- I don't know if I used that word, but he was like an oracle, and that he was just a person, just a man, and that I was just very concerned about the almost religious nature of people's devotion to him, this belief that he had the answers to everything.

And I also talked about that there's a tremendous fear in the organization. That they're afraid of the upper ranks. That they're afraid to say the wrong thing, and that they're afraid to step out of line. And I said, so much so that even I am afraid to write this letter because I might become the problem in the organization, you know, in essence, meaning you know, well, maybe, you're going to come after me if I say these things. And I was trying to in essence get a lot of these -- to get things across to them because I was seeing a lot of the affects of these things in the company, and I was seeing that people were deeply unhappy. And as I said, it was like cloistered, closed-off, you know, convent of sorts.

MR. LESKO: What response did you receive, if any?

MARK VICENTE: One person sort of said, Well, yes, we have these problems and we don't know how to fix it. Another person said, Well, it's out of cause, you know, meaning that I'm not owning my emotions. And there was a pretty consistent philosophy that, you know, if you had -- if you were emotional about something, then you -- what you were saying had no validity. Only if you were unemotional, zero emotion, no attachments of any kind would what you were saying be valid, which I was -- I've always found insane. And so I was told that in essence I was out of cause, and everybody just pretty much ignored it.

MR. LESKO: I would like to direct your attention to V week in August of 2016 later that year. Do you recall something peculiar that happened during that V week?

MARK VICENTE: Yes. There was an event that really deeply concerned me. So at that time, the Society of Protectors consisted of Raniere, myself, Jim Del Negro and Anthony Ames. And we had a number of significant failures, including that weekend that was canceled and, you know, we were evolving the way he hoped we would. So we thought, well, maybe what we need to do is have more face time with him. So at V week, we decided, well, let's make sure we meet with him every single day. And in essence the idea was if we are not able to meet him by midnight, then we were to stand at his cabin outside for an hour and in silence as a kind of penitence.

Most of the time we found him on time. I think one day we couldn't find him, so we went to the cabin and we stood there for awhile and I thought to myself, Well --

MR. AGNIFILO: Your Honor, can we have a quick sidebar? I think I know what this is about. I apologize.

(Continued on next page.)

sidebarsidebarObjection to Vicente’s Cabin Testimony

(The following occurred at sidebar.)

MR. AGNIFILO: I think what he was about to say is that he saw Raniere have some sort of intimate contact with a woman. If the woman's going to testify that there's something unthwart about that, I suppose that's corroborative by -- I don't think the woman's testifying and I think it will leave the jury to speculate there's something unthwart about this. And I think that is not relevant, and I think it's unduly prejudicial information. It's part of the Government hearing.

MR. LESKO: Your Honor, I don't believe Mr. Vicente is going to sort of add some gloss on the testimony that appears to be unthwart. But he is going to testify that Mr. Raniere did not attend the meeting and was observed in a cabin in bed with a woman, and he's going to testify about the effect witnessing Mr. Raniere in bed with a woman had on him at this time frame.

It's, again, as I mentioned earlier. This is the timeline where Mr. Vicente is piecing together evidence regarding what ultimately he concludes was DOS and the existence of DOS, which in large part led him to leave NXIVM. So we're offering this as part of -- and he witnessed this. He observed this. This is his firsthand observation.

MR. AGNIFILO: My concern is this, if there's nothing inappropriate, if it's two consenting adults in a cabin --

THE COURT: We can discuss it on cross.

(Continued on next page.)

DirectDirectMark Vicente — Direct (Continued) Mark Vicente Mark Lesko

(Sidebar ends; in open court.)

MR. LESKO: Thank you.

BY MR. LESKO:

MR. LESKO: Mr. Vicente, you can continue.

MARK VICENTE: Okay. So the idea this one night we were -- we couldn't find him, and so we stood outside on the -- on the porch of the cabin. There was a -- he had two cabins. And eventually I thought, well, this is very strange. It's very unusual that he wouldn't show up, nothing that this was something we were doing and knowing this was a penitence we would take on.

So I began wandering around, and I had a flashlight and I was shining it in different places, there was a cabin further down the road. And I shown it in the cabin and I saw -- I saw him and a woman in the bed together. I believe there were clothed and their legs seemed to be intertwined. And I was very just shocked and disturbed, because given what I -- what I understood the Society of Protectors was and what I understood about showing up when you say you're going to show up, I just thought it was very, very strange.

And I began walking back to the other men realizing I'd just seen that and switched the light off. Walked back to the other men and I didn't say anything, but it really worked at me for a while. You know, part of me was going, Well, you know, was that thing he was doing more important than this? Is it something that I don't understand? But it deeply disturbed me.

And then I saw-- and then I saw the woman leave. You know, he came back and I saw the woman leave and walk down the road and that stuck with me.

MR. LESKO: Did something happen in the NXIVM community in November of 2016?

MARK VICENTE: November 2016 was I believe the death of Pam Cafritz.

MR. LESKO: Was the NXIVM community immediately made aware of Pam's death?

MARK VICENTE: No, they weren't. And it was -- I remember I had a conversation with a few people. I wasn't clear why we were keeping her death from the entire community. It took quite some time before people were informed, and I remember I said to Clare Bronfman, It would be really good to let people know given that people would want to fly in from all over the world to attend, you know, some kind of service or a gathering. And she said, Well, you know, he'll tell us when he's ready. I was like, Okay, but -- and she was very stern with me, in other words stop. And it was just a mystery to me why -- why -- why keep this thing a secret when -- when everybody in the upper ranks knows -- it was a whole sequence of things that happened around her -- her death, why keep it a secret? And eventually it was announced, and then people were scrambling to get there. In fact, people were told you have to call people to come. And I was like, This was with the exact thing I was trying to avoid, this cluster.

MR. LESKO: Come where?

MARK VICENTE: To Albany to --

MR. LESKO: For what?

MARK VICENTE: So -- for -- there was a -- there was a two-day event. And it was held in Saratoga Springs, and I think it was the Hall of Springs and it was sort of a commemoration, a celebration of -- of her life over two evenings.

MR. LESKO: At around this time in January of 2017, did something happen that involved your wife?

MARK VICENTE: January 2017 is when my wife officially resigned from the organization.

MR. LESKO: Did you have an understanding as to why she left?

MARK VICENTE: My understanding was she had had a discussion with Raniere, and she basically expressed to him that she realized that the entire organization was built on coercion, fear, obligation, rules --

MR. AGNIFILO: I'm objected, Your Honor.

THE COURT: Sustained.

MR. AGNIFILO: Asked and answered. Ask that the answer --

THE COURT: And the answer is stricken.

BY MR. LESKO:

MR. LESKO: Did you learn that your wife had had an altercation with any of the high ranging leaders of the NXIVM?

MR. AGNIFILO: Your Honor, I object.

THE COURT: You can answer that.

MARK VICENTE: Sometime before there has been an unpleasant situation with Nancy Salzman and her. Basically, my wife had expressed her concerns about what was happening in The Source Company, and Nancy Salzman had offered to work with her and EM her, so she did. And she said to my wife, You know, well come back tomorrow and we'll continue. And then my wife came back, and for some strange reason, Nancy -- Nancy's demeanor went from helpful to quite, quite upset and angry and she basically blamed my wife for trying to take control of the company, being power hungry, and a bunch of things that my wife was not. And my wife was -- was deeply troubled and didn't say anything for a number of days. And she was in essence struggling enormously until I finally said to her did Nancy punish you because I had a teal feels that's, What happened? And I said to here, Did Nancy punish you, and she finally said yes. But she was concerned because she felt like you couldn't say, I'd been punish, because that -- you know, that means you're not giving tribute to the leader, and now you'll get blamed because, you know, if you say, You're being punished, then you know maybe you'll -- you're the punisher. There's a whole series of mental traps.

MR. LESKO: When Bonnie left NXIVM -- resigned from NXIVM, did you leave with her?

MARK VICENTE: I did not.

MR. LESKO: Why not?

MARK VICENTE: I was still loyal to Raniere. I -- I had this thing of like, Well, I'm committed to something. You know, stick it out. And I was speaking to Raniere about a lot of the issues that I was seeing in the company, but I believed at that point that he was the shining light and the problems were all because of other people. Because he would tell me as much. He would tell me, The problem is this. The problem is the woman. The women are this, the women are that. They're socialists. That's the problem. So in essence in my mind, I held him as blameless for anything that was going on, and my sense of loyalty was still very, very strong.

MR. LESKO: At this point in time, where were you living?

MARK VICENTE: We were living in -- well, actually, between LA and -- and Halfmoon, New York. We had --

MR. LESKO: So you were in Halfmoon?

MARK VICENTE: Halfmoon, I believe at that point, yes.

MR. LESKO: No longer in Clifton Park?

MARK VICENTE: We had at that time, yes, moved to Halfmoon, which is right next door.

MR. LESKO: And you also had a residence in Los Angeles?

MARK VICENTE: We -- we had an apartment in Los Angeles, yes.

MR. LESKO: Was anyone else living in your residence at Halfmoon?

MARK VICENTE: My mother was living with us.

MR. LESKO: Approximately January of 2017 did you have a discussion with Sarah about Albany?

MARK VICENTE: I did. She and -- and her husband were in town for the coach summit. I think it was called Winter Fest. And they'd expressed to me that they wanted to buy a house in Clifton Park, and so I asked them if I could meet with them and talk with them. And so at that point, there was a -- the -- the production office for Living Pixel was in Rome Plaza which was next door to Apropos.

So they came over for lunch and we had a conversation. And in that conversation I said to them, I -- I really wanted to dissuade you from -- from moving here. I don't think people that move here do well. I think that they end up giving up on their dreams. They've not successful. And I have severe concerns about something that's going on with all the women and with Raniere. And I don't know what's going on, but I have severe concerns. So that was the nature of my conversation with them.

MR. LESKO: Did Sarah and her husband move to Albany?

MARK VICENTE: They did not. They had -- they had an apartment, but they were thinking of moving permanently, but they did not.

MR. LESKO: That Winter Fest coach summit in January of 2017, did you participate in that summit?

MARK VICENTE: I did. I wasn't there all the time. But I was there for some of it.

MR. LESKO: Okay. In the next month, in February of 2017, did you participate in an ESP intensive?

MARK VICENTE: Yes. There was -- we ran intensive in Orange County, California. It was a five-day intensive, and I was traveling down there to -- to help with the intensive, which was, I believe, trained by Jim Del Negro, that one.

MR. LESKO: In February of 2017, did anyone from NXIVM express concern to you about you possibly leaving NXIVM?

MARK VICENTE: Yes. Alex Betancourt and Lauren Salzman said to me that they thought it might be good if we met in person, and they were suggesting flying to Los Angeles. I dissuaded them from that because I had -- I had a sense of how that would go. I -- I was having deep concerns, but I couldn't figure out exactly what was going on yet. So I said to them, it's not a good time.

And I -- I -- I knew -- I'd been through a lot of these thing -- these discussions before where, you know, in essence you get surrounded intellectually and, you know, EM'd into oblivion. And I wasn't interested in doing that. I was just rather try and figure out what was going on.

MR. LESKO: Did you return to Albany after the Orange County February 2017 intensive?

MARK VICENTE: Yes. I returned in March 2017 for a number of things. I -- I returned to shoot some material of Raniere and somebody else for a website. I also was packing up the townhouse that we had there. And I was also attending the Jness X intensive, I believe, it was.

MR. LESKO: Upon returning to Albany, did you meet with the senior proctors of the Greens?

MR. LESKO: Who did you meet with?

MARK VICENTE: So my recollection was -- I mean, Nancy Salzman was there. Lauren Salzman was there. Omar Boone, Loretta Garza, Sarah, I think Emiliano was there. Alex Betancourt was definitely there. I believe Esther Carlson was there. Basically all the Greens and the executive members. So I believe, Karen was there. Clare Bronfman was there.

MR. LESKO: Had you told the defendant beforehand that you were going to meet with the Greens?

MARK VICENTE: I had. I had a discussion with him where I -- I had a -- I shared a realization I had, and the realization I'd had was that it wasn't -- it -- it didn't seem to be by accident that people were doing poorly in the company. It seemed almost by design. And I said to him, I'd begun to recognize that this entire system is actually built not to actually grow people, not to actually give them what they want, but to do the exact opposite. And that the upper ends, especially, because of their fear and rule boundedness just crushed any growth that was occurring. And I said it's a terribly oppressive environment, and I began to realize like it seems to be by design. It seems like everybody's in on this thing, and it's a huge problem. So that was the conversation I had with Raniere.

And then I said, I'm going to go have that conversation with the Greens, and I did --

MR. LESKO: Let me stop you there before we get to the conversation with the Greens. Did you and Mr. -- the defendant, discuss the ranking system in that conversation?

MARK VICENTE: Yes. I did say to him that I felt the ranking system was broken. That it made no sense to me anymore. It didn't seem to be based on earning, and that the ranking system to me, if it was what he said it was, that surely as you went up the ranking system one would develop more wisdom and more maturity. And all I was seeing was the higher up you went, the more obedient and rule-bound people were, so something wasn't making sense to me. And I said to him that I thought it was broken.

MR. LESKO: Did you indicate to him that you nonetheless respected the ranking?

MARK VICENTE: I did. I also expressed to him that one of the concerns I had was that I had a lot of things that I wanted to share. But because he was, I think I said, the boss of everything, I felt constrained by the ranking system.

MR. LESKO: What was his reaction, if any?

MARK VICENTE: I believe he said he respected that I respected it.

MR. LESKO: Did you subsequently meet with the Greens?

MARK VICENTE: I did. And I shared to the best of my ability what I was understanding about the entire organization. Some people seemed very upset. One person in particular got very angry at me.

MR. LESKO: Who was that?

MARK VICENTE: Omar Boone got very angry at me. Alex Betancourt seemed to think that he might understand. But I -- I -- my general sense is people really didn't understand what I meant.

MR. LESKO: Did the defendant eventually join that meeting that you were having with the Greens?

MARK VICENTE: He did. And he did, and that was the thing that was strange to me is that when he came in, he -- he moved into the usual line of, you know, we need to work harder, we need to enroll more, you know, all the stuff that had been happening for years. And I was very confused because we had the conversation about what I was going to talk about. And so when -- when he was done, I just kept quiet and listened. But when he was done, I said to him, You know, this was the meeting that I wanted to talk to everybody about what we discussed. And he said something to the effect, Oh, I didn't realize. And I was like, Really? Because you have a very good memory. It seems strange. So I just felt that I wasn't -- I wasn't getting anywhere with communicating this, so I just thought, Okay. Well, I guess there's nothing I can do.

MR. LESKO: In that same month March 2017, did you participate in the Jness X intensive?

MARK VICENTE: I did. I did, yes.

MR. LESKO: And did become concerned during that intensive?

MARK VICENTE: Extremely concerned.

MARK VICENTE: There was -- the -- the general -- my general understanding of that intensive -- and each intensive was different. But my general understanding of that intensive was in essence if somebody complains about abuse, they are, in fact, the abuser. So if somebody says, You know, there's abuse going on and so and so person doing it, the whole idea is, Well, actually you're the abuser. By saying that you're the abuser, which made no sense. And I began to piece together that this intensive was designed for me. It was designed for -- for me to turn against my wife. And I -- I believed it was designed for me because I knew intensives were designed for people. Intensives were designed for Edgar Boone for instance.

So I -- I -- I -- I called Raniere at one point and I said, Is this one -- you know, Is this one designed more me? And he said, Oh, no. This is -- this is very old material. I said, Oh, okay.

And then I think the next day or maybe a few days after, I went to Nancy Salzman and I said you know, Is this designed for me -- no, no, I didn't say that. I said to her --

MR. LESKO: Well, let's stop for a moment. Because let's talk about during the intensive.

MARK VICENTE: Yes, this was during intensives.

MR. LESKO: So did something happen at one of the mentor groups during the intensive?

MARK VICENTE: At the very end, yes.

MR. LESKO: What happened?

MARK VICENTE: So the very end in the mentor group, the whole idea was to get the person to finally understand that if you complain about anything, you're the abuser. If you talk about abuse, you're the abuser. And at the very end of this -- this sourcing, Lauren Salzman said to me, You know, and this is the issue with bonding. And I realized, Oh, this is a setup. I get it now. And the other people in the mentor group were nodding their head. And so I did the unthinkable that you are not allowed to do, which is I said, Okay. We're done. We're not talking anyone.

And I said to Lauren Salzman, If you would like to have a conversation, we can go over there, but this is over.

MR. LESKO: Did you have a conversation with Lauren Salzman?

MARK VICENTE: I did. I said to her -- you know, she was concerned that I was upset. And I said to her, Look, why don't you start telling me about this other secret striped path that's going on? You know, all the -- these skinny women and all these things that are happening, why don' we start talking about that? And she -- she looked very pale. And she said, I don't know what you're talking about. I said, You absolutely do know what I'm talking about. You know, this stuff doesn't happen without you knowing.

And I said, You know, and I'm concerned about you. I see all these people that are -- that are extremely unhealthy. They're extremely skinny. And you yourself are -- I'm deeply concerned about your health. And she said, Oh, no, no. I'm better than I've ever been. And I said, No, you're not. You hide in the proctor room. You have vertigo. You have all kinds of health issues. You don't -- you don't look well at all, and I'm -- and I'm deeply concerned. But, you know, she seemed to me to be quite afraid and -- and I didn't get anywhere. But I made the decision that, All right. I'm not engaging in this you know, the -- the person who calls out the abuse is the abuser anymore. And I'm certainly not engaging with this idea that somehow, you know, it's okay to suggest that my wife is the big problem in the organization. All right we're done.

MR. LESKO: So you mentioned you had a conversation with the defendant where he said that the Jness X curriculum was old material; is that right?

MARK VICENTE: He said it was old material, but that when I spoke to Nancy Salzman, she said it's brand-new. He was just downloading it. And then I realized, Oh, there's a lie here.

MR. LESKO: In March 2017 did you have a discussion with Lauren Salzman and Alex Betancourt?

MARK VICENTE: In March, I did. We had a -- we had a phone call.

MR. LESKO: What was discussed?

MARK VICENTE: Well, they wanted to understand what my concerns were, and I said, Well, they're -- they're very much the same concerns that I expressed to you already. People are not treated well. Every time somebody complains about somebody, you turn it around on them. You know, this company can do no wrong, which makes no sense. And it's just -- you know, and this company keeps on saying, you know, We're the most humanitarian company in the world. And I would say, Honestly, this the BS. This is not the most humanitarian company in the world. This suppresses people, but it's not humanitarian. It's sort of like what you're saying is not what the company is doing.

And then they kept on pressing me and wanted to talk about my wife. And I said, You know, what? No. No more discussion. And I -- yes, I have deep concerns, but I'm not discussing them anymore. And I -- I begin to -- to realize that it felt to me like a fishing expedition basically, to figure out what my concerns are to try and turn them around, and I thought to myself, No. I have legitimate concerns. And I didn't want to enter into a discussion where they would make it seem, like, You know, really, you're the one that has all these problems, and you're the one that's ethical. I was like, I'm tired of those conversations. So I decided, I said I'm not having this discussion anymore.

MR. LESKO: Did the defendant ever discuss a person named Rick Ross?

MR. LESKO: What did he say?

MARK VICENTE: He said that Rick Ross was an enemy. That Rick Ross that had done a great many bad things. And I think that in the -- in the sort of documentary thing we were trying to do, he was one of the people, I think, that was in the stories. You know, he would tell me things like Rick Ross suddenly, you know, gets huge amounts of money. He has this apartment in New York that he can't afford. You know, he's being paid. He's being paid. He's basically being paid to say negative things.

MR. LESKO: Did he say anything about Waco?

MARK VICENTE: He told me that Rick Ross was the reason Waco went south. He said that Rick Ross's work with the ATF was what blew the whole thing up. In essence, he blamed Rick Ross for what happened in Waco.

MR. LESKO: Did you know who Rick Ross was?

MARK VICENTE: I only knew he was my understanding, like a cult specialist and that he worked on deprogramming people. I hadn't done a lot of research, you know, just what I was told basically.

MR. LESKO: Your Honor, I think this would be a good time to break.

THE COURT: All right. We're going to break at this time for the evening.

Members of the Jury, let me again remind you that it's very important that you follow my instruction. Do not discuss the case with anyone, not your family or your friends or with business associates and not with each other. In addition, you must not read, listen to, watch, or access any accounts of this case on any form of media such as newspapers, TV, radio, podcasts, or the Internet. Nor should you research or seek outside information about any aspect of the case. Please do not communicate with anyone about the case on your phone, whether it's through email, text mentioning, or any other means, through any blog, or website, or by way of any social media: Including Facebook, Twitter, Instagram, YouTube or any other sites.

You must not consider anything you may have heard about this case outside of this courtroom, whether you read it before or during the jury selection process or during the trial. Do not attempt any independent research or investigation about the case. And do not visit any of the locations identified in the questionnaire or discussed during the course of the jury selection process or during the trial.

We're going to resume tomorrow morning at 9:30. Thank you for your attention. Get a good night's sleep.

All rise for the jury.

(Jury exits the courtroom.)

(The following matters occurred outside the presence of the jury.)

THE COURT: All right. The witness may stand down. Please do not discuss your testimony with anyone. We'll see you tomorrow morning at 9:30.

MARK VICENTE: Yes, Your Honor.

(The witness exits the witness stand.)

THE COURT: Please be seated, everyone.

Mr. Lesko, how much longer.

MR. LESKO: Not much, Your Honor. I would say half hour at most maybe 45 minutes. Not much.

THE COURT: All right. So then we'll have cross-examination tomorrow.

MR. AGNIFILO: Three hours, four hours.

THE COURT: All right. Then we'll move on to the --

MS. PENZA: Task Force Officer Fontanelli.

THE COURT: Yes, Task Force Officer Fontanelli.

Then we'll have the next witness after that, but that should start tomorrow afternoon, I take it?

MS. PENZA: Depends on how long -- given what Mr. Agnifilo takes on cross.

THE COURT: Right. Yeah, good.

MR. LESKO: Your Honor, if I could?

THE COURT: All right.

MR. LESKO: Defense counsel's been kind enough to give us some of the impeachment material related to Mr. Vicente. It may streamline things if we could get that material tonight as opposed to tomorrow. I have maybe 20 minutes of direct. Then we'll need some time to read through the material. It would be fantastic if we can do that tonight just to streamline the process.

MR. AGNIFILO: Let me take a look. I mean, this -- this new rule of -- we're doing this to accommodate things. We feel we have no obligation to give over impeachment material, but we are trying to work collaboratively. So I will do what I can to make everyone's life easier.

THE COURT: Outstanding.

Anything else for tonight?

MS. PENZA: Not for the Government, Your Honor.

THE COURT: Anything else?

MR. AGNIFILO: Nothing from us.

THE COURT: All right. So then at 7:00 p.m. tonight?

MR. AGNIFILO: At 7, 0, 0, Judge, you will have it.

THE COURT: All right. Thank you very much everyone. Have a good evening.

MS. PENZA: Thank you, Your Honor.

* * * * *

(Proceedings adjourned at 4:05 p.m. to resume on May 14, 2019 at 9:30 a.m.)

Continue to Day 51.Admissibility Hearing on Financial Dossiers, Emails, and NXIVM Materials