Update & Resource Guide on FBI Tampering in US v. Raniere
A round-up of the state of affairs and relevant documents
Here’s a recap of what’s gone on with the FBI tampering issue in US v. Raniere:
Five months ago, on May 3, 2022, evidence of government tampering was filed.
Six experts, including three former FBI examiners, have verified the findings of government tampering.
The findings show that photos were planted on the hard drive, dates and times, which were used to establish the age of the subject, were manipulated, the camera card had falsified photo data, and it had been altered while in FBI custody.
On May 9, 2022, Judge Nicholas G. Garaufis classified the issue as not substantial and deferred ruling on this issue until the appeal is decided. (The appeal does not include the tampering, as it was filed a year before the evidence of tampering was vetted and filed.)
On July 12, 2022, AG Merrick Garland awarded the FBI and prosecution team, after this evidence of government criminal conduct was on the record.
The Second Circuit has denied two motions to stay the appeal to have this issue decided by Garaufis, most recently on October 7, 2022.
The government, represented by AUSA Kevin Trowel, has twice called this credible evidence of government crime “frivolous.”
On October 6, We held a press conference on this credible evidence of precedent-setting government fraud, with statements given by Professor Emeritus Alan Dershowitz, Professor Ronald Sullivan, former US Attorney Bud Cummins, and the six experts, including former FBI Special Agent Dr. James Richard Kiper, former FBI Senior Forensic Examiner Stacy Eldridge, and former FBI Forensic Examiner William Odom.
“There's really no excuse for the court or for the prosecutor to hide behind procedural delays in waiting to get to the bottom of this. They should take immediate action, and if they can't or they won't, the United States Attorney General should appoint an independent prosecutor. If an independent investigation determines that this tampering occurred, there must be accountability. People have to be criminally prosecuted. This is very serious.”
– Former US Attorney Bud Cummins
Where are we now, and what is next?
Where we are now is that both the appellate and district courts are just sitting on this issue of government crime. Meanwhile, the government not only is not investigating it, they are shamefully calling it frivolous.
As per Former US Attorney Cummins’ remarks, the next step may need to involve a complaint to the DOJ and/or the appointment of a special prosecutor.
This situation transcends the criminal case of Keith Raniere. It’s an issue of government corruption that strikes at the heart of the credibility of the DOJ and the FBI.
It is also a unique case in certain respects, compared to many other current grievances of misconduct against the DOJ/FBI:
It is non-partisan. The target (Keith) is not a political or partisan figure. This cannot be immediately dismissed by one side of the aisle as political complaining or misdirection.
The allegation is not just regarding bullying tactics, or government employees going up to the line and crossing it here and there. It involves credible evidence of egregious criminal conduct by government actors.
There is hard, scientific proof – 0s and 1s.
This issue, if addressed, can illustrate the dangerous “ends justify the means” culture that it appears has pervaded much of our justice system and needs to stop. The buck has to stop somewhere. Perhaps this case can help with that. There needs to be immediate action and massive public scrutiny on this issue until it is addressed.
Key Resources
Rule 33 Motion on FBI Tampering and Government Witness Perjury: This outlines the legal basis for bringing this evidence and why it justifies, at a minimum, a new trial.
Expert Report of Former FBI Special Agent Dr. James Richard Kiper, Ph.D.: This includes analysis of the seven findings of evidence manipulation as well as several instances where FBI employees broke protocol meant to ensure integrity of the evidence.
Layperson’s Summary of the Tampering and Process Violations by Joseph Tully: This is a ~40 page explain of each of the technical findings and procedural violations, and their relevance to the charges and the case.
Two-Minute Video Clip of Press Conference: