20-3520-cr (L) United States v. Raniere In the United States Court of Appeals for the Second Circuit AUGUST TERM 2021 No. 20-3520-cr (L); 20-3789-cr (Con) UNITED STATES OF AMERICA, Appellee, v. KEITH RANIERE, also known as Vanguard, and CLARE BRONFMAN, Defendants-Appellants, ALLISON MACK, KATHY RUSSELL, LAUREN SALZMAN, and NANCY SALZMAN, also known as Prefect, Defendants. 1 On Appeal from the United States District Court for the Eastern District of New York ARGUED: MAY 3, 2022 DECIDED: DECEMBER 9, 2022 1 The Clerk of Court is directed to amend the caption as set forth above. Before: CALABRESI, CABRANES, and SULLIVAN, Circuit Judges. Following a jury trial before the United States District Court for the Eastern District of New York (Nicholas G. Garaufis, Judge), Defendant Keith Raniere was convicted of numerous crimes related to his leadership of two organizations, a self-styled executive coaching and self-help organization called NXIVM and a secret society called DOS. On appeal, Raniere challenges his convictions for sex trafficking crimes, in violation of 18 U.S.C. § 1591. At the center of his appeal is the meaning of “commercial sex act,” which Section 1591 defines as “any sex act, on account of which anything of value is given to or received by any person.” 18 U.S.C. § 1591(e)(3). Raniere principally argues that to qualify as a “commercial sex act,” there must be a monetary or financial component to the “[]thing of value” that is given or received and the relevant sexual exploitation must be for profit. He contends that evidence the Government submitted at trial showing that individuals received benefits, such as privileged positions within an organization, are insufficient to sustain his sex trafficking convictions. We conclude that Section 1591 requires neither that a “[]thing of value” have a monetary or financial component nor that the sexual exploitation be conducted for profit. Accordingly, we AFFIRM the October 30, 2020 judgment as it concerns Raniere’s sex trafficking offenses: the sex trafficking conspiracy (Count 5), the sex trafficking of 2 Nicole (Count 6), the attempted sex trafficking of Jay (Count 7), and the racketeering act of sex trafficking of Nicole (Act 10A). TANYA HAJJAR, Assistant United States Attorney (Kevin Trowel, Assistant United States Attorney, on the brief), for Breon Peace, United States Attorney, Eastern District of New York, Brooklyn, NY, for Appellee United States of America. JOSEPH M. TULLY, Tully & Weiss Attorneys at Law, Martinez, CA (Jennifer Bonjean, Bonjean Law Group, PLLC, New York, NY, on the brief), for Defendant-Appellant Keith Raniere. JOSÉ A. CABRANES, Circuit Judge: After a six-week jury trial, Keith Raniere was convicted in the United States District Court for the Eastern District of New York (Nicholas G. Garaufis, Judge) of numerous counts related to his leadership of two organizations: a self-styled executive coaching and self-help organization called NXIVM and a secret society called “DOS,” an acronym for “Dominus Obsequious Sororium,” a phrase that roughly translates to “Lord/Master of the Obedient Female Companions.” At trial, the Government presented evidence that 3 Raniere led both entities as pyramid …
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