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1 drills at all hours, walked at all hours, naked pictures on

2 demand. Nicole testified that she even needed permission to

3 cut her hair, and I submit it's just common sense that when

4 people are sleep deprived and living on 500 calories a day,

5 that they are more easily manipulated and coerced.

6 For those willing to make a career of it, success in

7 EPS was explicitly tied to -- success in DOS was explicitly

8 tied to their success in ESP, an additional tactic of

9 coercion. For example, in one of the text messages we

10 discovered in Exhibit 432 between Audrey and Lauren Salzman,

11 Lauren said, I'm telling you this not just as your M, a

12 master, but as a green in ESP, very high rank.

13 That brings us to the next type of criminal conduct

14 that occurred within DOS, forced labor. And here there was

15 one standalone task related to forced labor, and there's one

16 subpart of a racketeering act, forced labor of Nicole is 10B.

17 We're going to talk about them together, but for the

18 conspiracy count, again you only need to find an agreement and

19 for the racketeering act you do not need to find that the

20 defendant committed it himself if he commanded it or caused it

21 to happen.

22 Now starting with the first element, the Government

23 has proved that the defendant agreed with his first line slave

24 including Lauren Salzman and Allison Mack to obtain the labor

25 of lower-ranking slaves and that the defendant did

David R. Roy, RPR - Official Court Reporter

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1 specifically obtain the labor and services of Nicole.

2 Throughout the trial there was ample evidence DOS operated as

3 a way for the defendant to obtain sex and labor from

4 lower-ranking slaves. This is what's in evidence as

5 Government's Exhibit 1404 and that's the entirety of the DOS

6 book, but take this example from the DOS book where it says

7 that you surrender your life, mind, body and possessions for

8 unconditional use.

9 You can also look at Lauren Salzman's testimony.

10 This is on Page 1618 and 19. She testified that the defendant

11 had said that the first-line DOS members should be getting

12 approximately 40 hours of labor per week from their slaves.

13 And you also saw the text message, Government's Exhibit 432

14 that she -- that Lauren Salzman texted one of her slaves

15 where -- that she was conveying that her slave needed to

16 provide her with work and she told the slave, who was a

17 professional, that the type of work Audrey should be doing

18 should be commensurate with Audrey's skill set. So, for

19 example, I submit that if Audrey were a lawyer, Lauren

20 expected an hour of legal work from her. Notably as mentioned

21 before, Lauren also threw around her power of a high ranking

22 member of NXIVM with Audrey who herself was looking to be

23 promoted within NXIVM.

24 Now as to the second element, the Government has

25 proven then the defendant agreed to obtain the labor of DOS

David R. Roy, RPR - Official Court Reporter

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1 slaves and he did obtain labor from Nicole through threats of

2 serious harm or a scheme, plan or pattern intended to cause

3 them to believe that if they did not perform such labor and

4 services they or someone else would suffer serious harm.

5 As I mentioned before, I expect Judge Garaufis will

6 instruct you that serious harm includes psychological,

7 financial and reputational harm. I submit that the scheme

8 language is particularly appropriate here because there was no

9 need to threaten harm day in and day out to get women to do

10 things once they were DOS slaves. The collateral served this

11 intended purpose and served as an ever present threat to the

12 psychological, financial and reputational stability and took

13 away the ability of the DOS slaves to make their choices

14 freely. And remember, when you're analyzing whether the DOS

15 slaves would have felt that serious harm would befall them if

16 they did not provide labor and services, the question is what

17 a reasonable person in the DOS slaves circumstances would do.

18 That's a reasonable person who has been isolated, who has been

19 sleep deprived, limited in eating and who is being humiliated.

20

21 Count 4, forced labor conspiracy. So that has led

22 us to forced labor and conspiracy and we have proved it

23 because the defendant did get labor and services. He agreed

24 to get labor and services. So forced labor conspiracy has

25 been proven guilty.

David R. Roy, RPR - Official Court Reporter

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1 Now the defendant also actually got the labor and

2 services, and so that's where we're going to talk about the

3 racketeering act. Now, Nicole and others transcribed

4 recordings of Pam Cafritz speaking for her memorial service

5 and you heard that Nicole stayed up all night to do that after

6 getting home from her nightclub job. If you wish to review

7 her testimony, it's at Pages 4039 and 4040.

8 Now, if you look at Government's Exhibit 658, that

9 is the attachment that Nicole sends with her transcription and

10 she writes, It took me about five and a half hours just to do

11 this first part.

12 Now, Sylvie testified that other people in the

13 Community, including Sylvie were getting paid for tasks

14 related to the memorial. In fact, Sylvie said she was

15 supposed to do the transcription but realized that she

16 couldn't get it all done and that's when it was suggested that

17 Allison's slave do it. I submit there was no chance Nicole

18 would have stayed up for 23 hours in a row to transcribe

19 recordings of Pam's tape unless she felt she had no choice.

20 Nicole and Sylvie also edited the defendant's

21 articles for hours a day for weeks straight. I submit that

22 the purpose of those articles being edited was to benefit the

23 defendant and make them available for curriculum or for the

24 defendant to publish. Now these are some examples. This is

25 Government's Exhibit 1358 and Government's Exhibit 1360.

David R. Roy, RPR - Official Court Reporter

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1 Now throughout the trial you've heard about other

2 types of labor and services performed as well such as acts of

3 care, including running errands and buying groceries. I mean

4 there's a regular taking of naked photographs which is its own

5 form of labor. Sofie testified she would spend all this time

6 in the bathroom to take pictures for the defendant. The

7 evidence of the labor Nicole actually performed means that the

8 Racketeering Act 10B has been proven.

9 Now, we're at the final set of DOS-related crimes.

10 Count 5, sex trafficking conspiracy. Count 6 and racketeering

11 10A, which both relate to the sex trafficking of Nicole and

12 Count 7 which relates to the attempted sex trafficking of Jay.

13 Before we discuss the elements of sex trafficking I'm going to

14 ask you to keep a few things in mind. We've discussed already

15 the fact that the sexual component of DOS was concealed from

16 DOS slaves when they joined while all the first-line slaves

17 were in sexual relationships with the defendant. And you can

18 look to the Government's Exhibit 1779, Page 285.

19 And keep this in mind, too, this Exhibit 1779, Page

20 285. October 1st, 2015, the defendant's order that Camila is

21 a fuck-toy slave for him. Keep this in mind as you walk

22 through the sex trafficking of Nicole starting with her

23 recruitment into DOS in February of 2015, four months after

24 Camila received this WhatsApp message. Now in February

25 of 2016 Nicole was spending her first winter in the city

David R. Roy, RPR - Official Court Reporter