Manhattan U.S. Attorney Announces Arrival Of Four Defendants From Kenya Charged With Trafficking In Massive Quantities Of Heroin And Methamphetamine

The Manhattan U. S Attorney's Office released the below information:

Preet Bharara, the United States Attorney for the Southern District of New York, and Raymond Donovan, the Special Agent in Charge of the Special Operations Division of the U.S. Drug Enforcement Administration (“DEA”), today announced that four individuals charged with participating in a narcotics importation conspiracy arrived in New York from Kenya.

BAKTASH AKASHA ABDALLA, a/k/a “Baktash Akasha,” IBRAHIM AKASHA ABDALLA, a/k/a “Ibrahim Akasha,” GULAM HUSSEIN, a/k/a “Hussein Shabakhash,” a/k/a “Hadji Hussein,” a/k/a “Old Man,” and VIJAYGIRI ANANDGIRI GOSWAMI, a/k/a “Vijay Goswami,” a/k/a “Vicky Goswami,” were arrested in Mombasa, Kenya, on November 9, 2014, pursuant to a United States request, based on charges filed in the Southern District of New York arising out of their participation in a conspiracy to import kilogram quantities of heroin and methamphetamine into the United States. On November 10, 2014, a superseding Indictment was returned also charging the defendants with narcotics importation offenses based on their delivery of 99 kilograms of heroin and two kilograms of methamphetamine in Kenya, which they intended would be imported into the United States. The four defendants will be presented and arraigned in Magistrate Court later today.

Manhattan U.S. Attorney Preet Bharara said: “As alleged, the four defendants who arrived yesterday in New York ran a Kenyan drug trafficking organization with global ambitions. For their alleged distribution of literally tons of narcotics – heroin and methamphetamine – around the globe, including to America, they will now face justice in a New York federal court.”

DEA Special Operations Division Special Agent in Charge Raymond Donovan said: “DEA pursues the most dangerous global drug traffickers who pose a direct threat to safety and stability around the world. We are relentlessly pursuing these criminal groups and their facilitators at every level with our law enforcement partners and we value and appreciate the work of our Kenyan counterparts. It is critical that we attack these dangerous networks before they can do even more damage worldwide and threaten innocent lives.”

According to the allegations in the superseding Indictment[1]:

From in or about March 2014 through the date of their arrests, BAKTASH AKASHA, IBRAHIM AKASHA, HUSSEIN, and GOSWAMI conspired to import kilogram-quantities of heroin into the United States. During the same period, BAKTASH AKASHA, IBRAHIM AKASHA, and GOSWAMI conspired to import kilogram quantities of methamphetamine into the United States.

BAKTASH AKASHA is the leader of an organized crime family in Kenya (the “Akasha Organization”) responsible for the production and distribution of ton quantities of narcotics within Kenya and throughout Africa. Moreover, the Akasha Organization’s distribution network extends beyond the African continent to include the distribution of narcotics for importation into the United States. IBRAHIM AKASHA is the brother and deputy of BAKTASH AKASHA. GOSWAMI manages the Akasha Organization’s drug business, including the production and distribution of methamphetamine and the procurement and distribution of heroin. HUSSEIN – a resident of Pakistan and a long-time associate of GOSWAMI – heads a transportation network that distributes massive quantities of narcotics throughout the Middle East and Africa, and has acknowledged responsibility for transporting tons of kilograms of heroin by sea.

Over the course of several months, during telephone calls and meetings in Nairobi and Mombasa, Kenya, the defendants agreed to supply, and in fact did supply, multi-kilogram quantities of heroin and methamphetamine to individuals they believed to be representatives of a South American drug-trafficking organization, but who were in fact confidential sources (the “CSes”) working at the direction and under the supervision of the DEA. BAKTASH AKASHA, IBRAHIM AKASHA, and GOSWAMI negotiated on behalf of the Akasha Organization to procure and distribute hundreds of kilograms of heroin from suppliers in the Afghanistan/Pakistan region and to produce and distribute hundreds of kilograms of methamphetamine, which they understood would ultimately be imported into the United States. At the same time, HUSSEIN agreed to transport heroin from the Akasha Organization’s supplier in the Afghanistan/Pakistan region to East Africa, so that it could be delivered to the CSes.

During a meeting in Mombasa, Kenya, in April 2014, BAKTASH AKASHA introduced a CS via Skype to one of his heroin suppliers in Pakistan, who said he could provide 420 kilograms of 100 percent pure heroin – which he called “diamond” quality – for distribution in the United States. Thereafter, in June 2014, GOSWAMI began discussing with the CSes his ability to procure methamphetamine precursor chemicals and to establish labs to produce methamphetamine for importation to the United States. In a meeting in Mombasa in September 2014, BAKTASH AKASHA introduced HUSSEIN as a narcotics transporter from Afghanistan who moves ton quantities of narcotics using ships. BAKTASH AKASHA and GOSWAMI described the supplier of heroin for their deal with the CSes, to whom they referred as “the Sultan,” as the top supplier of white heroin in the world.

In September and October 2014, IBRAHIM AKASHA personally delivered one-kilogram samples of methamphetamine and heroin to the CSes in Nairobi on behalf of the Akasha Organization. Thereafter, during a telephone call in October 2014 between BAKTASH AKASHA, GOSWAMI, and one of the CSes, GOSWAMI reported that 98 “chickens” had arrived, referring to 98 kilograms of heroin. GOSWAMI said that the South American drug organization would only need to pay for half of the 98 kilograms of heroin because the Akasha Organization would cover the cost of remaining kilograms. Then, in early November, IBRAHIM AKASHA personally delivered 98 kilograms of heroin to the CSes in Nairobi on behalf of the Akasha Organization. A few days later, IBRAHIM AKASHA also delivered another kilogram of methamphetamine.

In the course these negotiations, the Akasha Organization provided a total of 99 kilograms of heroin and two kilograms of methamphetamine to the confidential sources, and agreed to provide hundreds of kilograms more of each. The defendants were arrested on November 9, 2014, in Mombasa, Kenya, prior to another planned meeting with the CSes.

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BAKTASH AKASHA, 40, is a Kenyan national and a resident of Kenya. IBRAHIM AKASHA, 28, is also a Kenyan national and a resident of Kenya. HUSSEIN, 61, is a Pakistani national and a resident of Pakistan. GOSWAMI, 55, is an Indian national and a resident of Kenya. The defendants are charged with conspiring to import heroin into the United States (Count One), conspiring to import methamphetamine into the United States (Count Two), distributing heroin for unlawful importation into the United States (Count Three), and distributing methamphetamine for unlawful importation in the United States (Count Four). Each count carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison. The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Bharara praised the outstanding efforts of the DEA’s Special Operations Division’s Bilateral Investigations Unit. The Department of Justice’s Office of International Affairs also provided assistance in bringing the defendants to the United States to face charges. Mr. Bharara also thanked the DEA’s Nairobi Country Office, the Government of the Republic of Kenya, the Kenyan National Police Services Anti-Narcotics Unit, and members of the Kenyan DEA Formal Vetted Unit.

This case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorneys Michael D. Lockard and Emil J. Bove III are in charge of the prosecution.

The charges contained in the Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the superseding Indictment, and the description of the superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation. 

Estonian Cybercriminal Sentenced For Infecting 4 Million Computers In 100 Countries With Malware In Multimillion-Dollar Fraud Scheme

The U.S. Attorney's Office, Southern District of New York released the below information:

Preet Bharara, the United States Attorney for the Southern District of New York, announced today that VLADIMIR TSASTSIN was sentenced in Manhattan federal court to more than seven years in prison for perpetrating a massive internet fraud scheme by infecting more than four million computers in over 100 countries with malware.  The malware secretly altered the settings on infected computers, enabling TSASTSIN and his co-conspirators to digitally hijack users’ Internet searches and re-route their computers to certain websites and advertisements.  As a result, the defendants received millions of dollars in fees from advertisers who paid the defendants to bring customers to their websites or ads, but were unaware that the defendants did so by digitally hijacking victims’ computers.  The malware also prevented the installation of anti-virus software and operating system updates on millions of infected computers, leaving those computers and their users unable to detect or stop the malware, and exposing them to attacks by other malware.  On July 8, 2015, TSASTSIN pled guilty to one count of conspiracy to commit wire fraud and one count of conspiracy to commit computer intrusion.  U.S. District Judge Lewis A. Kaplan sentenced TSASTSIN earlier today.

U.S. Attorney Preet Bharara said: “Vladimir Tsastin was sentenced today to 87 months in prison for his role in a massive fraud scheme, which victimized more than four million Internet users in 100 countries.  By falsely collecting advertising fees for every ‘click’ their victims made, Tsastsin and his co-conspirators collected over $14 million. Together with our law enforcement partners all over the globe, this Office will continue to investigate and prosecute sophisticated cyber frauds.”

According to the Indictment and other court documents previously filed in the case and statements made in court proceedings:

From 2007 until October 2011, TSASTSIN and co-defendants Andrey Taame, Timur Gerassimenko, Dmitri Jegorov, Valeri Aleksejev, Konstantin Poltev, and Anton Ivanov controlled and operated various companies that masqueraded as legitimate publisher networks (the “Publisher Networks”) in the Internet advertising industry.  The Publisher Networks entered into agreements with ad brokers under which they were paid based on the number of times Internet users clicked on the links for certain websites or advertisements, or based on the number of times certain advertisements were displayed on certain websites.  Thus, the more traffic that went to the advertisers’ websites and display ads, the more money the defendants earned under their agreements with the ad brokers.  The defendants fraudulently increased the traffic to the websites and advertisements that would earn them money and made it appear to advertisers that the Internet traffic came from legitimate “clicks” and ad displays on the defendants’ Publisher Networks when, in actuality, it had not.

To carry out the scheme, the defendants and their co-conspirators used dozens of “rogue” Domain Name System (“DNS”) servers and malware (“the Malware”) designed to alter the DNS server settings on infected computers.  Victims’ computers became infected with the Malware when they visited certain websites or downloaded certain software to view videos online.  The Malware altered the DNS server settings on victims’ computers to route the infected computers to rogue DNS servers controlled and operated by the defendants and their co-conspirators.  The re-routing took two forms that are described below: “click hijacking” and “advertising replacement fraud” (together, “click fraud”).  The Malware also prevented the infected computers from receiving anti-virus software updates or operating system updates that otherwise might have detected the Malware and stopped it.  In addition, the infected computers were left vulnerable to infections by other malware.

Click Hijacking

When the user of an infected computer clicked on a search result link displayed through a search engine query, the Malware caused the computer to be re-routed to a different website.  Instead of being brought to the website to which the user asked to go, the user was brought to a website designated by the defendants.  Each “click” triggered payment to the defendants under their advertising agreements.  This click hijacking occurred for clicks by users on unpaid links that appeared in response to a user’s query as well as clicks on "sponsored” links or advertisements that appeared in response to a user’s query – often at the top of, or to the right of, the search results – thus causing the search engines to lose money.  For example, when the user of an infected computer clicked on the domain name link for the official website of Apple-iTunes, the user was instead taken to a website for a business unaffiliated with Apple Inc. that purported to sell Apple software.  The advertisers who paid for such Internet traffic to their websites were never told that the traffic consisted of hijacked clicks and that the visitors had not intended to visit their websites.

Advertising Replacement Fraud

In the advertisement replacement scheme, using their DNS Changer Malware and rogue DNS servers, the defendants replaced legitimate advertisements on websites, without the paying advertisers’ knowledge or consent, with substituted advertisements that triggered payments to themselves.  For example, when the user of an infected computer visited the home page of The Wall Street Journal, a featured advertisement for American Express had been fraudulently replaced with an ad for “Fashion Girl LA,” which triggered a payment to the defendants from another advertiser.

To acquire the online infrastructure for the fraudulent scheme, enter into contracts to sell Internet traffic, and launder the proceeds from the fraudulent scheme, Tsastsin and his co-defendants created and controlled over a dozen front companies located and/or registered in the United States, Estonia, Russia, Denmark, the Republic of Seychelles, England, and Cyprus.  At the time of his arrest, TSASTSIN, assisted by his co-defendants, operated approximately 50 rogue DNS servers located in New York City and additional ones at a data center in Chicago. Each of the rogue servers contained approximately two hard drives; the larger hard drives received as many as 3,000 fraudulent “clicks,” or DNS resolution requests, per second, while the smaller servers received several hundred requests per second.

*           *           *

In addition to the 87-month prison term, TSASTSIN, 35, of Tartu, Estonia, was sentenced to one year of supervised release and ordered to forfeit $2.5 million and pay a $200 special assessment.  In imposing sentence, Judge Kaplan described TSASTSIN’s crimes as “brazen, sophisticated, and outrageous.”

On July 27, 2015, Gerassimenko, Jegorov, and Poltev were sentenced to 48 months, 44 months, and 40 months in prison, respectively.  Aleksejev was sentenced on October 30, 2013, to 48 months in prison.  Ivanov was sentenced on July 25, 2014, to time served.  Judge Kaplan also entered orders against each defendant forfeiting his criminal proceeds and the electronic and online infrastructure used to perpetrate their fraudulent scheme.  The last defendant, Taame, who is a Russian national, remains at large.   

Mr. Bharara praised the outstanding investigative work of the Federal Bureau of Investigation, National Aeronautics and Space Administration-Office of the Inspector General, and the Estonian Central Criminal Police.  He also thanked the U.S. Department of Justice’s Office of International Affairs for its assistance with the extraditions.

This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney Sarah Lai is in charge of the prosecution.  Alexander Wilson, Deputy Chief of the Asset Forfeiture Unit, is in charge of the forfeiture aspects of the case. 

Swedish Co-Creator Of Blackshades Malware That Enabled Users Around The World To Secretly And Remotely Control Victims’ Computers Sentenced To 57 Months In Prison

The U.S. Attorney's Office for the Southern District of New York released the below information:

Preet Bharara, the United States Attorney for the Southern District of New York, announced that ALEX YÜCEL, the owner of an organization known as “Blackshades” that since 2010 sold and distributed to thousands of people in more than 100 countries a sophisticated and pernicious form of malicious software, or “malware,” known as the Blackshades Remote Access Tool, or “RAT,” was sentenced today in Manhattan federal court to 57 months. The sentence was imposed by U.S. District Judge P. Kevin Castel. YÜCEL pled guilty to computer hacking on February 18, 2015.

Manhattan U.S. Attorney Preet Bharara said: “Alex Yucel created, marketed, and sold software that was designed to accomplish just one thing—gain control of a computer, and with it, a victim’s identity and other important information. This malware victimized thousands of people across the globe and invaded their lives. But Yucel’s computer hacking days are now over.”

According to the allegations in documents filed in Manhattan federal court, and statements made at today’s sentencing and other court proceedings:

Beginning in 2010, the “Blackshades” organization, which YÜCEL owned and controlled, sold and distributed malware to thousands of cybercriminals throughout the world. Blackshades’ flagship product was the RAT—a sophisticated piece of malware that enabled cybercriminals secretly and remotely to gain control over a victim’s computer.

After installing the RAT on a victim’s computer, a user of the RAT had free rein to, among other things, access and view documents, photographs, and other files on the victim’s computer, record all of the keystrokes entered on the victim’s keyboard, steal the passwords to the victim’s online accounts, and even activate the victim’s web camera to spy on the victim—all of which could be done without the victim’s knowledge. A Blackshades user could also exploit victims’ computers for Distributed Denial of Service (“DDoS”) attacks by commanding Blackshades-infected computers to repeatedly send requests to targeted websites in an effort to disable those websites and deny service from those websites to legitimate visitors.

The RAT was typically advertised on forums for computer hackers and marketed as a product that conveniently combined the features of several different types of hacking tools. Copies of the Blackshades RAT were available for sale, typically for $40 each, on a website maintained by Blackshades. After purchasing a copy of the RAT, a user had to install the RAT on a victim’s computer—i.e., “infect” a victim’s computer. The infection of a victim’s computer could be accomplished in several ways, including by tricking victims into clicking on malicious links or by hiring others to install the RAT on victims’ computers.

The RAT contained tools known as “spreaders” that helped users of the RAT maximize the number of infections. The spreader tools generally worked by using computers that had already been infected to help spread the RAT further to other computers. For instance, to lure additional victims to click on malicious links that would install the RAT on their computers, the RAT allowed cybercriminals to send those malicious links to others via the initial victim’s social media service, making it appear as if the message had come from the initial victim. For example, a RAT user could send an instant message, or IM, to potential victims that appeared to come from the initial victim, inviting them to click on a link that appeared to lead to a legitimate website, but would instead install the RAT on the potential victim’s computer.

YÜCEL co-created the Blackshades RAT with Michael Hogue and operated the Blackshades organization with the help of several employees whom YÜCEL paid to advertise the RAT on various Internet forums and to provide customer support. The RAT was purchased by several thousand users in more than 100 countries and used to infect more than half a million computers worldwide. Blackshades generated sales of more than $350,000 between September 2010 and April 2014.

* * *

YÜCEL, 24, a Swedish national, was arrested in Moldova in November 2013. He was the first defendant ever to be extradited from Moldova to the United States. In addition to the prison term, YÜCEL was sentenced to three years’ supervised release, and forfeiture of $200,000 and the computer equipment used.

Brendan Johnston, an administrator for the Blackshades organization, pled guilty in November 2014, before U.S. District Judge Jesse M. Furman to conspiracy to commit computer hacking. On June 19, 2015, Johnston was sentenced to one year and one day in prison.

Marlen Rappa, a customer of Blackshades who purchased the RAT and used it to infect victims’ computers, spy on those victims using their web cameras, and steal personal files from their computers, pled guilty in October 2014, before U.S. District Judge Valerie E. Caproni. On April 22, 2015, Rappa was sentenced to one year and one day in prison.

Kyle Fedorek, a customer of Blackshades who purchased the RAT and used it to steal financial and other account information from more than 400 victims, pled guilty in August 2014 before U.S. Magistrate Judge Gabriel W. Gorenstein. On February 19, 2015, Fedorek was sentenced to two years in prison.

Michael Hogue, the co-creator of the RAT, pled guilty before Judge Castel in January 2013, and is awaiting sentencing.

Mr. Bharara praised the outstanding investigative work of the Federal Bureau of Investigation.

The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Sarah Lai and Daniel Noble are in charge of the prosecution.

Attorney General, Manhattan U.S. Attorney, And FBI Announce Charges Against Russian Spy Ring In New York City

The U.S. Justice Department released the below information:

Eric Holder, the Attorney General of the United States, Preet Bharara, the United States Attorney for the Southern District of New York, John S. Carlin, Assistant Attorney General for National Security, and Randall C. Coleman, the Assistant Director of the Federal Bureau of Investigation (“FBI”) for the Counterintelligence Division, announced charges today against EVGENY BURYAKOV, a/k/a “Zhenya,” IGOR SPORYSHEV, and VICTOR PODOBNYY in connection with BURYAKOV’s service as a covert intelligence agent on behalf of the Russian Federation (“Russia”) in New York City, without notifying the United States Attorney General of BURYAKOV’s status as an agent of Russia, as required by federal law.

BURYAKOV was placed under arrest earlier today in Bronx, New York, and is scheduled to appear before U.S. Magistrate Judge Sarah Netburn in Manhattan federal court later today. SPORYSHEV and PODOBNYY no longer reside in the United States and have not been arrested. By virtue of their prior positions in the United States on behalf of Russia, both of them were protected by diplomatic immunity from arrest and prosecution while in the United States.

Attorney General Eric Holder said: “These charges demonstrate our firm commitment to combating attempts by covert agents to illegally gather intelligence and recruit spies within the United States. We will use every tool at our disposal to identify and hold accountable foreign agents operating inside this country—no matter how deep their cover. I want to thank the dedicated men and women of the FBI’s Counterintelligence Division and New York Field Office, the National Security Division’s Counterespionage Section, and the U.S. Attorney’s Office for the Southern District of New York for their skilled handling of this complex and highly sensitive matter.”

U.S. Attorney Preet Bharara said: “Following our previous prosecution with the FBI of Russian spies, who were expelled from the United States in 2010 when their plan to infiltrate upper levels of U.S. business and government was revealed, the arrest of Evgeny Buryakov and the charges against him and his co-defendants make clear that—more than two decades after the presumptive end of the Cold War—Russian spies continue to seek to operate in our midst under cover of secrecy. Indeed, the presence of a Russian banker in New York would in itself hardly draw attention today, which is why these alleged spies may have thought Buryakov would blend in. What they could not do without drawing the attention of the FBI was engage in espionage. New York City may be more hospitable to Russian businessmen than during the Cold War, but my Office and the FBI remain vigilant to the illegal intelligence-gathering activities of other nations.”

Assistant Attorney General John P. Carlin said: “The attempt by foreign nations to illegally gather economic and other intelligence information in the United States through covert agents is a direct threat to the national security of the United States, and it exemplifies why counterespionage is a top priority of the National Security Division. I want to thank the FBI’s New York Field Office and Counterintelligence Division as well as the U.S. Attorney’s Office for the Southern District of New York for their continued effort to conduct these highly complex and sensitive counterespionage investigations and prosecutions, and for their continued close partnership with the National Security Division and the Counterespionage Section.”

FBI Assistant Director Randall Coleman said: “This investigation is one of many that highlight the determined and prolific efforts by foreign governments to target Americans for the purposes of collecting intelligence and stealing secrets. This case is especially egregious as it demonstrates the actions of a foreign intelligence service to integrate a covert intelligence agent into American society under the cover of an employee in the financial sector. Espionage is as pervasive today as it has even been, and FBI counterintelligence teams will continue to aggressively investigate and expose hostile foreign intelligence activities conducted on U.S. soil.”

According to the Complaint unsealed in Manhattan federal court today:

BURYAKOV worked in the United States as an agent of Russia’s foreign intelligence agency, known as the “SVR.” BURYAKOV operated under “non-official cover,” meaning he entered and remained in the United States as a private citizen, posing as an employee in the Manhattan office of a Russian bank. SVR agents operating under such non-official cover—sometimes referred to as “NOCs”—typically are subject to less scrutiny by the host government, and, in many cases, are never identified as intelligence agents by the host government. As a result, a NOC is an extremely valuable intelligence asset for the SVR.

Federal law prohibits individuals from acting as agents of foreign governments within the United States without prior notification to the United States Attorney General. Department of Justice records indicate that BURYAKOV has never notified the United States Attorney General that he is, in fact, an agent of Russia.

SPORYSHEV and PODOBNYY are also SVR agents who worked in the United States to gather intelligence on behalf of Russia by posing as official representatives of Russia. From November 22, 2010, to November 21, 2014, SPORYSHEV served as a Trade Representative of the Russian Federation in New York. From December 13, 2012, to September 12, 2013, PODOBNYY served as an Attaché to the Permanent Mission of the Russian Federation to the United Nations. Based on their official government postings on behalf of Russia, SPORYSHEV and PODOBNYY are exempt from notifying the United States Attorney General of the true nature of their work. However, that exemption does not permit them to conspire with, or aid and abet, BURYAKOV in his work as an unregistered agent of Russia operating within the United States.

The intelligence-gathering efforts of SPORYSHEV and PODOBNYY included, among other things, (i) attempting to recruit New York City residents as intelligence sources for Russia; (ii) tasking BURYAKOV to gather intelligence; and (iii) transmitting intelligence reports prepared by BURYAKOV back to SVR headquarters in Moscow. Specifically, during the course of the charged offenses, SPORYSHEV was responsible for relaying assignments from the SVR to BURYAKOV, and SPORYSHEV and PODOBNYY were responsible for analyzing and reporting back to the SVR about the fruits of BURYAKOV’s intelligence-gathering efforts.

The directives from the SVR to BURYAKOV, SPORYSHEV, and PODOBNYY, as well as to other covert SVR agents acting within the United States, included requests to gather intelligence on, among other subjects, potential United States sanctions against Russian banks and the United States’ efforts to develop alternative energy resources.

Clandestine Meetings and Communications

During the course of their work as covert SVR agents in the United States, BURYAKOV, SPORYSHEV, and PODOBNYY regularly met and communicated using clandestine methods and coded messages, in order to exchange intelligence-related information while shielding their associations with one another as SVR agents. These efforts were designed, among other things, to preserve their respective covers as an employee of a bank in Manhattan (BURYAKOV), a Trade Representative of the Russian Federation in New York (SPORYSHEV), and an Attaché to the Permanent Mission of the Russian Federation to the United Nations (PODOBNYY). In particular, the defendants worked to safeguard BURYAKOV’s work as a “NOC.”

SPORYSHEV and PODOBNYY acted as covert intermediaries for BURYAKOV to communicate with the SVR on intelligence-related matters. As an agent posing as someone without any official ties to the Russian government or the SVR, BURYAKOV was unable to access the SVR New York Office—which is located within an office maintained by Russia in New York, New York—without potentially alerting others to his association with the SVR. As such, BURYAKOV required the assistance of other SVR agents, like SPORYSHEV and PODOBNYY, to exchange communications and information with the SVR through the communications systems located in the SVR New York Office.

From as early as March 2012 through as recently as mid-September 2014, the FBI has conducted physical or electronic surveillance of BURYAKOV and SPORYSHEV engaging in over four dozen brief meetings, several of which involved BURYAKOV passing a bag, magazine, or slip of paper to SPORYSHEV. These meetings typically took place outdoors, where the risk of effective surveillance was reduced relative to an indoor location.

These meetings were nearly always preceded by a short telephone call between BURYAKOV and SPORYSHEV during which one of the men typically told the other that he had an item to give to him. Typically, during these telephone calls, which were intercepted by the FBI, the item in question was referred to as some non-specific “ticket,” “book,” “list,” or other ordinary item (e.g., “umbrella” or “hat”).

Subsequently, at each meeting surveilled by the FBI, BURYAKOV and SPORYSHEV met and sometimes exchanged documents or other small items. Notably, despite discussing on approximately one dozen occasions the need to meet to transfer “tickets,” BURYAKOV and SPORYSHEV, were—other than one occasion where they discussed going to a movie—never observed attending, or discussing in any detail, events that would typically require tickets, such as a sporting event or concert. In fact, BURYAKOV and SPORYSHEV used this coded language to signal that they needed to meet, and then met to exchange intelligence information.

Attempts by Sporyshev and Podobnyy to Recruit Intelligence Sources in New York City

In numerous recorded communications, SPORYSHEV and PODOBNYY discussed their attempts to recruit United States residents, including several individuals employed by major companies, and several young women with ties to a major university located in New York, New York (“University-1”), as intelligence sources for the SVR. On these recordings, the defendants discussed the potential value of these sources, and identified particular sources by use of a “source name,” which appears to be a coded name. In addition, during these recordings, SPORYSHEV and PODOBNYY discussed the efforts of other SVR agents to recruit a number of other Russian-origin individuals associated with University-1 as intelligence sources.

For example, SPORYSHEV and PODOBNYY discussed PODOBNYY’s efforts to recruit a male working as a consultant in New York City as an intelligence source. During this conversation, PODOBNYY explained his source recruitment method, which included cheating, promising favors, and then discarding the intelligence source once the relevant information was obtained by the SVR: “This is intelligence method to cheat. . . . You promise a favor for a favor. You get the documents from him and tell him to go [expletive] himself.”

In other recorded conversations, SPORYSHEV and PODOBNYY made clear that they worked for the SVR. For example, on January 31, 2013, SPORYSHEV and another SVR agent not charged in the Complaint (“CC-1”) had a discussion inside the SVR New York Office about their contracts with the SVR. SPORYSHEV stated that, “Everyone has a five-year contract,” and explained, in response to CC-1’s question about reimbursement for the travel of SVR agents’ family members, that “travel for military personnel and their families on authorized home leave is paid, and in our, in our SVR, this, the payment for getting to and from the duty station.” In addition, on April 25, 2013, SPORYSHEV and PODOBNYY discussed the use of nontraditional cover for Russian intelligence officers and, in particular, the Illegals program that ended with the arrest of 10 “deep cover” SVR agents in July 2010.

Buryakov’s Intelligence Taskings

SPORYSHEV was responsible for relaying intelligence assignments from the SVR to BURYAKOV. The FBI obtained electronic recordings of several conversations relating to such intelligence directives being communicated to and carried out by BURYAKOV in his position as an SVR agent acting under non-official cover. For example, on May 21, 2013, SPORYSHEV called BURYAKOV to ask for BURYAKOV’s help in formulating questions to be used for intelligence gathering purposes by others associated with a leading Russian state-owned news organization (the “News Organization”). BURYAKOV responded by supplying SPORYSHEV with a particular line of questioning about the New York Stock Exchange for use by the News Organization.

Buryakov’s Receipt of Purported Official United States Government Documents

In the summer of 2014, BURYAKOV met numerous times with a confidential source working for the FBI (“CS-1”). CS-1 posed as the representative of a wealthy investor looking to develop casinos in Russia. During the course of these meetings, and consistent with his interests as a Russian intelligence agent, BURYAKOV demonstrated his strong desire to obtain information about subjects far outside the scope of his work as a bank employee. During these meetings, BURYAKOV also accepted documents that CS-1 claimed he had obtained from a U.S. government agency and which purportedly contained information potentially useful to Russia, including information about United States sanctions against Russia.

* * *

BURYAKOV, 39, SPORYSHEV, 40, and PODOBNYY, 27, are charged in two counts. The first count charges the defendants with participating in a conspiracy for BURYAKOV to act in the United States as an agent of a foreign government without first notifying the Attorney General, and carries a maximum penalty of five years in prison. The second count charges BURYAKOV with acting in the United States as an agent of a foreign government without first notifying the Attorney General, and charges SPORYSHEV and PODOBYNYY with aiding and abetting that offense. The second count carries a maximum penalty of 10 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

Mr. Bharara praised the investigative work of the FBI’s Counterintelligence Division.

The prosecution is being handled by Assistant U.S. Attorneys Adam Fee, Ian McGinley, and Anna M. Skotko of the Terrorism and International Narcotics Unit of the U.S. Attorney’s Office for the Southern District of New York, and Senior Trial Attorney Heather Schmidt of the Counterespionage Section of the Department of Justice’s National Security Division.

The charges in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Former Guatemalan President Extradited To U.S. To Face Money Laundering Charges

The Drug Enforcement Administration (DEA) released the below information this week:

DEA Administrator Michele M. Leonhart and other federal officials today announced the extradition of ALFONSO PORTILLO, the former President of Guatemala, who is charged with conspiring to launder millions of dollars he embezzled from the Government of Guatemala through bank accounts located in the United States. Portillo arrived in the Southern District of New York last Friday and will be presented today before U.S. District Judge Robert P. Patterson.

Joining Administrator Leonhart in making the announcement were Preet Bharara, the United States Attorney for the Southern District of New York, and Toni Weirauch, the Special Agent-in-Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”).

DEA Administrator Michele M. Leonhart said: “Former President Portillo has been extradited to the United States for violations of money laundering. In his role as President, Mr. Portillo used our banking system to launder illegal proceeds, which is a violation of law that DEA will always aggressively investigate. Thanks to the work of many in law enforcement and DEA’s strong and cooperative relationships with the Guatemalan government, Mr. Portillo will now face justice in a U.S. courtroom.”

United States Attorney Preet Bharara said: “After three years of fighting his extradition, Alfonso Portillo has finally arrived in the United States to answer for his alleged misappropriation of millions of dollars intended for the benefit of the people of Guatemala and which he laundered through United States banks. Our ability to hold him to account for his alleged criminality and corruption is the result of the unrelenting commitment and dedication of our prosecutors and our law enforcement partners in both the United States and Guatemala.”

IRS-CI Special Agent-in-Charge Toni Weirauch said: “IRS-Criminal Investigation is dedicated to working with our law enforcement partners and sharing our financial investigative expertise to combat and disrupt criminal organizations and individuals that commit crimes against our society and the world economy, including international money laundering. To that end, we are a proud participant in the DEA’s New York Organized Crime Drug Enforcement Strike Force. These money laundering allegations are truly international in nature, as the American financial system was misused and harmed in the concealment of money embezzled from the government of Guatemala and ultimately, its people.”

According to the Indictment previously unsealed in Manhattan federal court:

PORTILLO served as the President of Guatemala from January 14, 2000, to January 14, 2004. In that capacity, he embezzled tens of millions of dollars in public funds, a substantial portion of which he laundered through American and European bank accounts.

PORTILLO misappropriated public money in at least three different ways:

First, in 2000 and 2002, PORTILLO embezzled approximately $2.5 million dollars provided by the Government of Taiwan's Embassy in Guatemala. In 2000, the Taiwanese Embassy issued three checks totaling $1.5 million, drawn upon a New York bank account created for the purpose of funding a Guatemalan program designed to purchase books for school libraries, Bibliotecas Para La Paz ("Libraries for Peace"). PORTILLO endorsed these checks and caused them to be deposited in a bank account in Miami, Florida. None of the money from the Government of Taiwan was applied towards the Libraries for Peace program; almost $1 million of the donation was ultimately diverted, through a series of transactions and transfers intended to conceal the source and origin of the funds, to bank accounts in the name of PORTILLO's former wife and daughter at Banco Bilbao Vizcaya Argentaria ("BBVA") in Paris, France. The money transferred into the BBVA Accounts was further laundered through financial institutions in Luxembourg and Switzerland, among other places.

Second, in 2001, PORTILLO embezzled approximately 30 million Quetzales (equivalent at that time to approximately $3.9 million) from the Guatemalan Ministry of Defense. PORTILLO arranged for this money to be delivered to one of Guatemala's national banks, Credito Hipocaterio Nacional ("CHN"), to which PORTILLO had previously appointed a co-conspirator ("CC-1") as the bank’s president. With the assistance of CC-1, PORTILLO directed the disbursement of the military funds to, among other things, finance a private land deal, disguise a loan to an associate, and issue checks to a company controlled by another co-conspirator. That co-conspirator then transferred a portion of that money to the BBVA accounts controlled by PORTILLO's former wife and daughter through a Miami bank account.

Finally, from approximately 2000 through 2003, PORTILLO misappropriated funds from the publicly financed reserves of CHN. PORTILLO and his co-conspirators created overdrafts in CHN accounts belonging to companies established by CC-1 and other co-conspirators. Through the use of these overdrafts, PORTILLO and his co-conspirators withdrew and transferred money from CHN accounts in excess of the accounts' otherwise existing balances. PORTILLO used these overdraft withdrawals and transfers to purchase, among other things, various personal items –- including expensive watches and cars –- for himself and his associates. On other occasions, PORTILLO and his co-conspirators used the overdrafts on CHN accounts to transfer and launder funds into business and personal accounts, maintained in the United States and elsewhere, belonging to co-conspirators. Relying on the CHN overdrafts, PORTILLO also 

transferred money to help prop up two failing banks that were principally owned by a close associate and political supporter of PORTILLO's, Banco Promotor and Banco Metropolitano.

* * *

If convicted of the money laundering conspiracy count with which he is charged, PORTILLO, 61, faces a maximum term of 20 years in prison and a maximum fine of the greater of $500,000, or twice the value of the monetary instruments or funds involved in the money laundering transactions.

Mr. Bharara specifically thanked the DEA’s New York Organized Crime Drug Enforcement Strike Force – which is comprised of agents and officers of the DEA, the New York City Police Department, Immigration and Customs Enforcement’s Homeland Security Investigations, the New York State Police, IRS-CI, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Secret Service and the U.S. Marshals Service – the Department of State, and the U.S. Department of Justice's Office of International Affairs for their work in this investigation. Mr. Bharara also recognized and thanked the United Nations Commission Against Impunity in Guatemala ("CICIG"), the Guatemalan Special Prosecutor's Office for the CICIG, and the Ministerio Público in Guatemala for their assistance in this investigation. 

Manhattan U.S. Attorney Charges 34 members And Associates Of Two Russian-American Organized Crime Enterprises With Operating International Sportsbooks That Laundered More Than $100 Million

The Manhattan U.S. Attorney released the below yesterday:

Twelve Defendants Charged with Racketeering, Others Charged with Crimes Including Money Laundering, Extortion, Fraud, and Operating Illegal Poker Rooms in New York City

One of the Enterprises Allegedly Laundered Tens of Millions of Dollars from Russia and the Ukraine through Cyprus Shell Companies and Bank Accounts into the United States

Preet Bharara, the United States Attorney for the Southern District of New York, George Venizelos, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), Toni Weirauch, the Special Agent-in-Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), and Raymond W. Kelly, the Police Commissioner of the City of New York (“NYPD”), announced today the unsealing of charges against 34 alleged members and associates of two related Russian-American organized crime enterprises, including a Russian “Vor,” for a range of offenses including the operation of at least two international bookmaking organizations – or “sportsbooks” – that catered to multi-millionaires and billionaires in the U.S., Russia, and the Ukraine. One enterprise, the Taiwanchik-Trincher Organization, run by VADIM TRINCHER, is alleged to have laundered tens of millions of dollars from Russia and the Ukraine through Cyprus and into the U.S. The other enterprise, the Nahmad-Trincher Organization, run by ILLYA TRINCHER, the son of VADIM TRINCHER, is alleged to have been financed by, among other entities, a prestigious art gallery in New York City.

In connection with the Indictment unsealed today in the Southern District of New York, 29 defendants have been arrested in New York, Philadelphia, Detroit, and Los Angeles. The 20 defendants taken into custody today in New York were presented and arraigned in Manhattan federal court before U.S. Magistrate Judge James C. Francis, IV this afternoon. The remaining defendants arrested today will be presented in federal court in Philadelphia, Detroit, and Los Angeles this afternoon. An additional defendant, HILLEL NAHMAD, is expected to surrender in Los Angeles later today. The remaining four defendants – DONALD McCALMONT, BRYAN ZURIFF, WILLIAM EDLER, and ALIMZHAN TOKHTAKHOUNOV – are fugitives and are still being sought.

Manhattan U.S. Attorney Preet Bharara said: “As alleged, these criminal enterprises were vast and many-tentacled, with one of them reaching across the Atlantic to launder tens of millions of dollars from Russia to the U.S. via Cyprus and in some cases, back again. International money laundering is a serious offense, and we will do everything within our power to inhibit those who seek to sanitize the proceeds of crime through legitimate investment vehicles in this country from doing so.”

FBI Assistant Director-in-Charge George Venizelos said: “Today’s charges demonstrate the scope and reach of Russian organized crime. One of the principal defendants is a notorious Russian ‘thief-in-law’ allegedly directing an international conspiracy through Cyprus to the U.S. The defendants are alleged to have handled untold millions in illegal wagers placed by millionaires and billionaires, laundered millions, and in some cases are themselves multimillionaires. Crime pays only until you are arrested and prosecuted.”

IRS-CI Special Agent-in-Charge Toni Weirauch said: “International money laundering is not a victimless crime. Rather, it is a national and global threat that can provide criminal enterprises with resources to conduct further illegal activity. The laundering of illegal gambling proceeds, in particular, facilitates the underground, untaxed economy which, in turn, harms our nation’s economic strength.”

NYPD Commissioner Raymond W. Kelly said: “The subjects in this case ran high-stakes illegal poker games and online gambling, proceeds from which are alleged to have been funneled to organized crime overseas. The one thing they didn't bet on was the New York City police and federal investigators’ attention. I commend the NYPD Organized Crime Investigations Division and their partners in the FBI and U.S. Attorney Bharara's office for identifying and bringing the members of this organization to justice.”

According to the allegations in the Indictment unsealed today in Manhattan federal court and other court documents:

The Taiwanchik-Trincher Organization

The Taiwanchik-Trincher Organization is a nationwide criminal enterprise with strong ties to Russia and Ukraine. The leadership of the organization ran an international sportsbook that catered primarily to Russian oligarchs living in Russia and Ukraine and throughout the world. The Taiwanchik-Trincher Organization laundered tens of millions of dollars in proceeds from the gambling operation from Russia and the Ukraine through shell companies and bank accounts in Cyprus, and from Cyprus into the U.S. Once the money arrived in the U.S, it was either laundered through additional shell companies or invested in seemingly legitimate investments, such as hedge funds or real estate.
The Taiwanchik-Trincher Organization operated under the protection of ALIMZHAN TOKHTAKHOUNOV, who is known as a “Vor,” a term translated as “Thief-in-Law,” that refers to a member of a select group of high-level criminals from the former Soviet Union.

TOKHTAKHOUNOV used his status as a Vor to resolve disputes with clients of the high-stakes illegal gambling operation with implicit and sometimes explicit threats of violence and economic harm. During a single two-month period, TOKHTAKHOUNOV was paid $10 million for his services by the Taiwanchik-Trincher Organization.

 TOKHTAKHOUNOV is also under indictment in the Southern District of New York for his alleged involvement in bribing officials at the 2002 Winter Olympics held in Salt Lake City, Utah.

Nahmad-Trincher Organization

The Nahmad-Trincher Organization is a nationwide criminal enterprise with leadership in Los Angeles, California, and New York City. The organization ran a high-stakes illegal gambling business that catered primarily to multi-millionaire and billionaire clients. The organization utilized several online gambling websites that operated illegally in the U.S. Debts owed to the Nahmad-Trincher Organization sometimes reached hundreds of thousands of dollars and even millions. One client, who lost approximately two million dollars to the organization, surrendered his plumbing company to the organization as payment of the debt.

The Nahmad-Trincher Organization was financed by, among others, HILLEL NAHMAD, a/k/a “Helly,” and the art gallery he operates in New York City, the Helly Nahmad Gallery. NAMHAD is also charged with conspiring to commit wire fraud in connection with the sale of a painting worth approximately $250,000.

The organization laundered tens of millions of dollars through various companies and bank accounts. It was assisted in its money laundering by RONALD UY, a branch manager at a bank in New York City. UY advised ILLYA TRINCHER on how to structure financial transactions so as to avoid bank reporting requirements.

Illegal Poker Rooms

The Indictment also charges various defendants with promoting and operating high-stakes illegal poker rooms in and around New York City, including EDWIN TING, MOLLY BLOOM, and EUGENE TRINCHER, who is the son of VADIM and brother of ILLYA. The poker games operated by the defendants resulted in gambling debts as high as hundreds of thousands of dollars.

* * *

A chart containing the ages, residency information, and charges against the defendants, as well as the maximum penalties they face is attached.

Mr. Bharara thanked the FBI, specifically the Eurasian Organized Crime Squad of the New York Office, IRS-CI, and the NYPD for their work in the investigation.

The case is being prosecuted by the Office’s Organized Crime Unit. Assistant U.S. Attorneys Harris Fischman, Peter Skinner, and Joshua A. Naftalis of the Organized Crime Unit are in charge of the prosecution. Assistant U.S. Attorney Alexander Wilson of the Office’s Asset Forfeiture Unit is responsible for the forfeiture aspects of the case.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Mahattan U.S. Attorney And FBI Assistant Director Announce Charges Against Gambino Organized Crime Family Associate For Alleged Participation In 1990 Murder of Suspected Informant

The U.S. Justice Department released the below information on April 5th:

Preet Bharara, the United States Attorney for the Southern District of New York, and George Venizelos, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (FBI), announced today the unsealing of an Indictment charging Daniel Fama, an alleged associate of the Gambino organized crime family of La Cosa Nostra (the “Gambino organized crime family”), with the 1990 murder of a suspected informant, Eddie Garofalo. Fama was taken into custody yesterday and was presented and arraigned in Manhattan federal court this afternoon before United States Magistrate Judge Kevin Nathaniel Fox. U.S. District Judge Andrew L. Carter, Jr. has been assigned to this case.

Manhattan U.S. Attorney Preet Bharara said, “More than two decades since Daniel Fama allegedly killed a suspected government informant, he has finally been arrested. Any attack against someone working with, or suspected of working with, law enforcement will be strongly answered, and no matter how long it takes, we will bring alleged criminals to justice.”

FBI Assistant Director in Charge George Venizelos said, “The charges announced today allege once again that mob families are willing to commit murder to enforce the oath of Omerta. A person suspected of cooperation was gunned down at his doorstep to silence him. The charges also demonstrate the resolve of agents and prosecutors to fulfill their oath to enforce the law and see justice done.”

According to the allegations in the Indictment unsealed today in Manhattan federal court and other court documents:

The Gambino organized crime family is a criminal organization whose members and associates engaged in numerous acts of violence, including murder. The head of the family is known as the “Boss,” and he is typically assisted by an “Underboss.” At all times relevant to the charges in the Indictment, John Gotti, Sr. was the Boss and Salvatore Gravano, a/k/a “Sammy the Bull,” was the Underboss of the Gambino organized crime family.

The Gambino organized crime family operates through groups of individuals known as “crews” and “regimes.” Each crew consists of “made” members, sometimes known as “soldiers,” “wiseguys,” “friends of ours,” and “good fellows.” Soldiers are aided in their criminal endeavors by other trusted individuals, known as “associates,” who sometimes are referred to as “connected” or identified as “with” a soldier. Associates participate in the various activities of the crew and its members.

In 1990, Gravano ordered sssociate Fama and others to murder Eddie Garofalo for, among other things, purportedly cooperating with a law enforcement investigation into the Gambino organized crime family. On August 8, 1990, Fama and others shot and killed the Garofalo in front of his Brooklyn, New York home.

* * *

Fama, 48, of Staten Island, New York, is charged with killing a person with the intent to prevent that person from communicating to a law enforcement officer information related to the commission of a federal offense. The charge carries a mandatory term of life in prison.

Mr. Bharara praised the investigative work of the FBI.

The prosecution is being handled by the Office’s Organized Crime Unit. Assistant United States Attorneys Harris Fischman and Jason Masimore are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.