FBI Misconduct Claims Rock OneTaste Case; Judge Mulls Dismissal
Federal Judge Considers Tossing Case Amid Shocking Allegations
By Rick LaRivière
On July 3, 2024, a Brooklyn federal court heard explosive claims of FBI misconduct in the case against OneTaste founders Nicole Daedone and Rachel Cherwitz. Defense attorneys Jennifer Bonjean and Duncan Levin argued for the dismissal of the indictment, citing unethical behavior by the FBI and the U.S. Attorney's office.
Allegations of FBI Misconduct
Defense attorneys presented evidence that FBI agent Elliot McGinnis instructed a key witness, Ayries Blanck, to delete an email account containing critical evidence. "The agent’s instructions to delete evidence undermine the integrity of the investigation," Levin stated.
Netflix Documentary Controversy
The defense also accused Agent McGinnis of appearing in a Netflix documentary about OneTaste, during the investigation. The FBI denied the claim, but the film shows a woman writing McGinnis's name while discussing Blanck’s allegations.
Privileged Document Mishandling
The government admitted to possessing a privileged document stolen by a former employee. This document was held for 30 months before disclosure. "The FBI and U.S. Attorney used this document to craft the indictment," Bonjean argued, asserting a violation of attorney-client privilege.
Victim-Hunting Allegations
Defense attorneys highlighted aggressive FBI tactics to find victims. Former OneTaste teacher Alisha Price testified that Agent McGinnis pressured her to claim victimhood under threat of subpoena. Price alleged, “The FBI's intimidation tactics severely impacted my life and career.”
Potential Case Dismissal
Judge Diane Gujarati has taken these allegations seriously, scheduling briefs and responses to address the potential dismissal of the case. The defense has until July 17 to file their brief, with the prosecution’s response due by July 31. The judge will then determine if an evidentiary hearing is required.
Media and Public Reaction
The case has drawn significant media attention, with major outlets attending the July 3 hearing. Outside the courthouse, Levin addressed reporters, stating, "The government is trying to criminalize sex." The defense claims the case against OneTaste is driven by an agenda rather than justice.
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