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Thursday, September 19, 2024

President accused of illegal tech exports amid heightened US-Russia tensions

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Merrick B. Garland Attorney General at U.S. Department of Justice | Official Website

A citizen of Belarus and lawful permanent resident of the United States has been indicted for allegedly smuggling goods from the United States into Russia without a license. Kirill Gordei, 34, of Hallandale, Florida, was indicted on one count of conspiracy to commit offenses against the United States; one count of smuggling goods from the United States; and one count of export of a spectrometer, which is a commerce control item. Gordei was arrested on June 30 in Florida and made an initial appearance in the Southern District of Florida today. He will appear in federal court in Boston at a later date.

“As alleged, Gordei defrauded U.S. government export regulators and smuggled advanced scientific technology to Russian customers, placing personal profit over national security,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department will use every available tool to disrupt illicit supply chains used to illegally funnel sophisticated technologies to Russia and other hostile powers.”

“Freight forwarders play an outsized role in the export of items overseas and, accordingly, are expected to help uphold the law rather than subvert it,” said Assistant Secretary for Export Enforcement Matthew S. Axelrod. “Here, Kirill Gordei — the president of a freight forwarding company — is alleged to have willfully evaded restrictions designed to degrade the Russian war machine by obfuscating the value and ultimate destination of a mass spectrometer.”

“By allegedly smuggling sensitive technology to Russia, Mr. Gordei undermined the critical framework established to protect national security,” said Acting U.S. Attorney Joshua S. Levy for the District of Massachusetts. “This case highlights the importance of enforcing export controls, especially regarding sensitive items on the Controlled Commerce List, which include technologies vital to scientific and industrial advancement. Our office will prosecute those who attempt to circumvent U.S. laws for personal or commercial gain, particularly when such actions have potential implications for global security.”

According to court documents, Gordei is the President of Apelsin Logistics (Apelsin), a freight forwarding company located in Hallandale Beach, Florida. Apelsin also has an address in Russia and two websites registered and hosted in Russia.

According to the indictment, on or about Aug. 11, 2023, Gordei allegedly falsely claimed that he was shipping an Orbitrap Exploris GC 240 Mass Spectrometer – an item that delivers high data quality and versatility to accelerate scientific discovery for academic and industry research as well as government and omics laboratories – to Uzbekistan when it was destined for Russia.

Since Russia’s invasion of Ukraine on Feb. 24, 2022, stringent export controls were implemented that restrict Russia’s access to technologies needed for its attack on Ukraine. As of April 8, 2022, license requirements for exports, reexports and transfers within Russia were expanded to cover sensitive items on a Controlled Commerce List. The spectrometer valued at over $600,000 was on this list and required a license from the Bureau of Industry and Security (BIS) for export to Russia.

If convicted, Gordei faces a maximum penalty of five years in prison for conspiracy; up to 20 years in prison with five years supervised release plus a $250,000 fine for unlawful exports; and up to ten years in prison with three years supervised release plus another $250,000 fine for smuggling goods from the United States. A U.S district court judge will determine any sentence after considering U.S Sentencing Guidelines alongside other statutory factors.

The Commerce Department’s BIS is investigating this case with valuable assistance from U.S Customs and Border Protection as well as contributions from both U.S Marshals Service and Transportation Security Administration.

Assistant U.S Attorney Laura J Kaplan from Massachusetts prosecutes this case assisted by Trial Attorney Christopher Magnani under National Security Division's Counterintelligence & Export Control Section.

This action coordinated through Disruptive Technology Strike Force—an interagency enforcement body led jointly by Departments Of Justice & Commerce aimed at preventing critical tech acquisitions by hostile regimes leveraging governmental tools enhancing enforcement capabilities.

An indictment remains merely an allegation—all defendants presumed innocent until proven guilty beyond reasonable doubt within legal jurisdiction boundaries.

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