The following is from the transcript of Allison Mack’s plea hearing.
On April 8, 2019, Allison Mack appeared before US District Judge Nicholas Garaufis in Brooklyn Federal Courthouse to withdraw her plea of not guilty to Counts 1 and 2 of the second superseding indictment and plead guilty to those counts.
Counts 1 and 2 are racketeering conspiracy and racketeering.
Her lawyers, Sean Buckley and William McGovern appeared with Mack.
Assistant US Attorneys Moira Kim Penza, Tanya Hajjar, Mark Lesko, AUSA, with the US Attorney’s Office Eastern District of New York, appeared for the prosecution.
After pleading guilty to the two counts the judge required her to make an allocution, in effect to confess on the record that she did indeed commit the crimes she pleaded guilty to a moment before.
[To read what happened prior to her allocution see Part 1: Allison’s guilty plea hearing: The judge explained her rights; the prosecution lays out charges they would have proved at trial]
THE COURT: So at this time, I’d like you to tell me what you did to commit these crimes. And if you are reading a prepared allocution, I would like you to do so slowly. Are you reading —
THE DEFENDANT: Yes, Your Honor.
THE COURT: — your allocution?
THE DEFENDANT: Yes.
THE COURT: Have you discussed your allocution with your attorneys?
THE DEFENDANT: I have, Your Honor.
THE COURT: You viewed it with them?
THE DEFENDANT: Yes, Your Honor.
THE COURT: All right. And you are satisfied that it represents your best statement about what you did; is that right?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Okay. Why don’t you go ahead and read your allocution.
THE DEFENDANT: I am here to plead guilty before Your Honor. [she starts crying]
THE COURT: Do you want to take a moment?
THE DEFENDANT: I’m fine. No. Thank you. Thank you, Joe.
This past year has been one of introspection and self-examination, but, also, a year of understanding and acceptance. It has been a year of looking at what I had done for the past ten years, looking at my relationships with other members of NXIVM, friends, family, and associates, looking closely at the decisions I made, the people I trusted, and, more importantly, those who placed their trust in me. And having done so, I am prepared to take responsibility for acts in which I was involved, some of which I now recognize were wrong.
As Your Honor is aware, I dedicated years of my life to an organization in which I and others truly believed, NXIVM. In the course of my time with NXIVM, I became close with many individuals, many of whom are wonderful people, and some of whom I now realize are not.
But relevant here, I became close with Keith Raniere. I joined NXIVM first to find purpose. I was lost and I wanted to find a place, a community in which I would feel comfortable. Over time, I truly believed that I had found a group of individuals who believed, as I did, and who were interested in trying to become better people and in doing so make those around them better. And when I came to that realization, misguided though it was, my purpose shifted from trying to help myself to helping other people. Through it all, I believed that Keith Raniere’s intentions were to help people, and that my adherence to his system of beliefs would help empower others and help them.
I was wrong. And I now realize that I and others engaged in criminal conduct. My misguided beliefs and dedication of what I believed were the principles underlying NXIVM, Keith Raniere’s teachings, resulted in my agreeing to support the criminal enterprise that is alleged in the indictment.
The goal of the enterprise that I joined was to further and promote the objectives of Keith Raniere. Between August 2015 and April 2018, I was aware of and participated in some of the criminal objectives of the enterprise, and I conspired and agreed with others to commit certain racketeering in furtherance of this enterprise.
Specifically, from in or about August 2015 through June 2017, within the Northern District of New York, Eastern District New York and elsewhere, I was a member of secret society founded by, developed by, and ultimately led by Raniere. At Raniere’s direction, I and other women sought to recruit other women to join DOS. As part of my association in DOS, I knowingly and intentionally took and withheld property from Jane Doe 5 and Jane Doe 8, two women who were known to me and who were involved as DOS members.
This property was referred to as collateral, which consisted of material or information that belonged to these DOS members and which those DOS members would not want revealed because it would be personally damaging or ruinous.
I encouraged Jane Doe 5 and Jane Doe 8 to deliver this collateral to me, through my participation in a scheme that was designed to instill in them a fear that if the property was not delivered, we would expose collateral previously given to the organization, which could have been embarrassing and personally damaging to themselves or others, if released.
From in or about October 2015 to June 2017, within the Northern District of New York, the Eastern District of New York, and elsewhere, I knowingly and intentionally obtained the labor and services in the form of so called acts of care from Jane Doe 5 and Jane Doe 8.
Acts of care included having these women perform services for me. I obtained these labor and services from Jane Doe 5 and Jane Doe 8 through, among other things, being part of a scheme, namely DOS, designed to make them believe that if they did not perform the requested acts of care, they could suffer serious harm. The serious harm in this case would be the specter of the release of their collateral, which they had pledged in order to join the organization.
From October 2015 to June 2017, within the Eastern District of New York and elsewhere, I knowingly and intentionally worked with others and devised a scheme to make materially false representations and admissions regarding DOS in order to obtain property from DOS members. Specifically, I concealed Keith Raniere’s role as the head of DOS and characterized DOS as a women’s only organization, knowing that Keith Raniere was the head of the organization.
The property obtained, which was considered collateral, included credit card authorizations, false accusations against family members and friends, explicit photos and videos, and rights to assess — rights to assets and property. The collateral that I just described was transmitted in interstate and foreign commerce via e-mail, telephone text messages, and telegram.
Your Honor, having reviewed the charges against Keith Raniere in the most recent indictment and having many months to reflect on my own actions and motivations of others, I have come to the conclusion that I must take full responsibility for my conduct. And that is why I am pleading guilty today.
I am very sorry for the victims of this case. I am also very sorry for the harm that I caused to my family. They are good people who I have hurt through my misguided adherence to Keith Raniere’s teachings. I apologize to them from the bottom of my heart, and I am truly very sorry for what I have done. Through this plea and the help of others, I have begun the process of healing and repairing the relationships in my life.
I wish to thank the Court, Your Honor, the prosecutors, my lawyers, and, most importantly, my family for their role in this process. I know that I am and will be a better person as a result of this.
THE COURT: Thank you.
THE DEFENDANT: Thank you.
After she read her allocution, the judge asked, “Is there anything else from the government?”
PENZA: No, Your Honor.
THE COURT: All right. Ms. Mack, based on the information you have given to me, I find you are acting voluntarily, that you fully understand the charges, your rights and the consequences of your pleas. There is, moreover, a factual basis for your pleas. I, therefore, accept your pleas of guilty to Counts 1 and 2 of superseding indictment S-2, and I am going to set a date for sentencing.
I am scheduling Wednesday, September 11, 2019, at 12-noon for sentencing. You will be contacted by a probation officer for a pre-sentence interview. You will want your attorneys to be present at the interview. The probation officer will need to receive information about your background, your education, for instance, your finances, your family, and other information that is relevant to my consideration of the appropriate sentence for you.
You will — once you have met with the probation officer, the probation officer will prepare a pre-sentence report, and you will receive a copy of that report in writing, as will the government and the Court. You will have the opportunity to review the report with your attorneys, and if there’s anything in the report that’s mistaken, or if there’s anything about you that you think the Court should know for sentencing purposes, you can add whatever you think would be appropriate after discussing that with your attorneys.
In addition, once your attorneys, I expect, will be providing the Court with a memorandum in support of your position on sentencing, the government will also write a statement to the Court, and I will have read everything that’s provided before you come to court to be sentenced. Also, if there’s something that you think of at the last minute that you believe should be considered by the Court, discuss it with your attorneys first, and then you will have the opportunity to bring it to my attention at the time of sentencing. I will also hear from the government and from your attorneys at that time.
Do you understand all of that?
THE DEFENDANT: I do. Thank you.
THE COURT: Do you have any questions about it?
THE DEFENDANT: No, Your Honor.
THE COURT: On the issue of bail, bail continues without — on the same terms and conditions; is that right?
PENZA: Yes, Your Honor.
THE COURT: All right. I agree to that.
At 12:41 p.m., the proceedings were concluded.