Ten Russian Agents Plead Guilty and Are to Be Removed from the United States

 

Department of Justice
Office of Public Affairs

Thursday, July 8, 2010

Ten Russian Agents Plead Guilty and Are to Be Removed from the United States

Ten individuals pleaded guilty today in Manhattan federal court to conspiring to serve as unlawful agents of the Russian Federation within the United States and will be immediately expelled from the United States, the Justice Department announced today.

In hearings today before Judge Kimba M. Wood in U.S. District Court for the Southern District of New York, each of the 10 defendants arrested on June 27, 2010, pleaded guilty to one count of conspiracy to act as an agent of a foreign government within the United States without notifying the U.S. Attorney General. Under their plea agreements, the defendants were required to disclose their true identities in court today and to forfeit certain assets attributable to the criminal offenses.

The defendants known as "Richard Murphy" and "Cynthia Murphy" admitted they are Russian citizens named Vladimir Guryev and Lydia Guryev and are agents of the Russian Federation. Defendants "Michael Zottoli" and "Patrica Mills" admitted they are Russian citizens named Mikhail Kutsik and Natalia Pereverzeva, and are agents of the Russian Federation. Defendants "Donald Howard Heathfield" and "Tracey Lee Ann Foley" admitted they are Russian citizens named Andrey Bezrukov and Elena Vavilova, and are agents of the Russian Federation. "Juan Lazaro" admitted that he is a Russian citizen named Mikhail Anatonoljevich Vasenkov and is an agent of the Russian Federation.

The defendants Vicky Pelaez, Anna Chapman and Mikhail Semenko, who operated in this country under their true names, admitted that they are agents of the Russian Federation; and Chapman and Semenko admitted they are Russian citizens.

The United States has agreed to transfer these individuals to the custody of the Russian Federation. In exchange, the Russian Federation has agreed to release four individuals who are incarcerated in Russia for alleged contact with Western intelligence agencies.

"This was an extraordinary case, developed through years of work by investigators, intelligence lawyers, and prosecutors, and the agreement we reached today provides a successful resolution for the United States and its interests," Attorney General Eric Holder said.

"Counterintelligence is a top FBI investigative priority, and this case in particular represents the dedicated efforts of the men and women who have worked tirelessly behind the scenes to counter the efforts of those who would steal our nation's vital secrets," said FBI Director Robert S. Mueller.

This case is the result of a multi-year investigation conducted by the FBI and other elements of the U.S. intelligence community; the U.S. Attorney’s Office for the Southern District of New York; and the Counterespionage Section and the Office of Intelligence within the Justice Department’s National Security Division.

The prosecution was handled by Assistant U.S. Attorneys Michael Farbiarz, Glen Kopp and Jason Smith of the Terrorism and International Narcotics Unit of the U.S. Attorney’s Office for the Southern District of New York, and Trial Attorneys Kathleen Kedian and Richard Scott of the Counterespionage Section of the Justice Department’s National Security Division.


U.S. District Court
United States District Court for the Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:10-cr-00598-KMW All Defendants


Case title: USA v. Defendant #1 et al

Magistrate judge case numbers: 

1:10-mj-01389-UA

1:10-mj-01391-UA


Date Filed: 07/06/2010


Assigned to: Judge Kimba M. Wood

 


Defendant (1)

 

Defendant #1
also known as
Christopher R. Metsos

 


Pending Counts


Disposition

18:371.F CONSPIRACY TO ACT AS AGENTS OF A FOREIGN GOVERNMENT WITHOUT NOTIFICATION TO ATTORNEY GENERAL
(1)

18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)


Highest Offense Level (Opening)

Felony


Terminated Counts


Disposition

None


Highest Offense Level (Terminated)

None


Complaints


Disposition

18 U.S.C. 1391, 1956 (CONSPIRACY TO ACT AS AN UNREGISTERED AGENT OF FOREIGN GOVERNMENT; CONSPIRACY TO COMMIT MONEY LAUNDERING)


Assigned to: Judge Kimba M. Wood

 


Defendant (2)

 

Defendant #2
also known as
Richard Murphy

represented by

Donna Rita Newman
Donna R. Newman
111 Broadway
Suite 1805
New York , NY 10001
(2120 229 1516
Fax: (212) 924-0726
Email: donnanewmanlaw@aol.com
LEAD ATTORNEY
Designation: CJA Appointment


Pending Counts


Disposition

18:371.F CONSPIRACY TO ACT AS AGENTS OF A FOREIGN GOVERNMENT WITHOUT NOTIFICATION TO ATTORNEY GENERAL
(1)

18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)


Highest Offense Level (Opening)

Felony


Terminated Counts


Disposition

None


Highest Offense Level (Terminated)

None


Complaints


Disposition

18 U.S.C. 1391, 1956 (CONSPIRACY TO ACT AS AN UNREGISTERED AGENT OF FOREIGN GOVERNMENT; CONSPIRACY TO COMMIT MONEY LAUNDERING)


Assigned to: Judge Kimba M. Wood

 


Defendant (3)

 

Defendant #3
also known as
Cynthia Murphy

represented by

Winston Lee
Winston Lee Esq
20 Vesey Street
Suite 400
New York , NY 10007
(212) 267-1911
Fax: (212) 964-2926
Email: winstonleelaw@aol.com
LEAD ATTORNEY
Designation: CJA Appointment


Pending Counts


Disposition

18:371.F CONSPIRACY TO ACT AS AGENTS OF A FOREIGN GOVERNMENT WITHOUT NOTIFICATION TO ATTORNEY GENERAL
(1)

18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)


Highest Offense Level (Opening)

Felony


Terminated Counts


Disposition

None


Highest Offense Level (Terminated)

None


Complaints


Disposition

18 U.S.C. 1391, 1956 (CONSPIRACY TO ACT AS AN UNREGISTERED AGENT OF FOREIGN GOVERNMENT; CONSPIRACY TO COMMIT MONEY LAUNDERING)


Assigned to: Judge Kimba M. Wood

 


Defendant (4)

 

Defendant #4
also known as
Donald Howard Heathfield

 


Pending Counts


Disposition

18:371.F CONSPIRACY TO ACT AS AGENTS OF A FOREIGN GOVERNMENT WITHOUT NOTIFICATION TO ATTORNEY GENERAL
(1)

18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)


Highest Offense Level (Opening)

Felony


Terminated Counts


Disposition

None


Highest Offense Level (Terminated)

None


Complaints


Disposition

18 U.S.C. 1391, 1956 (CONSPIRACY TO ACT AS AN UNREGISTERED AGENT OF FOREIGN GOVERNMENT; CONSPIRACY TO COMMIT MONEY LAUNDERING)


Assigned to: Judge Kimba M. Wood

 


Defendant (5)

 

Defendant #5
also known as
Tracy Lee Ann Foley

 


Pending Counts


Disposition

18:371.F CONSPIRACY TO ACT AS AGENTS OF A FOREIGN GOVERNMENT WITHOUT NOTIFICATION TO ATTORNEY GENERAL
(1)

18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)


Highest Offense Level (Opening)

Felony


Terminated Counts


Disposition

None


Highest Offense Level (Terminated)

None


Complaints


Disposition

18 U.S.C. 1391, 1956 (CONSPIRACY TO ACT AS AN UNREGISTERED AGENT OF FOREIGN GOVERNMENT; CONSPIRACY TO COMMIT MONEY LAUNDERING)


Assigned to: Judge Kimba M. Wood

 


Defendant (6)

 

Mikhail Kutsik
also known as
Michael Zottoli

 


Pending Counts


Disposition

18:371.F CONSPIRACY TO ACT AS AGENTS OF A FOREIGN GOVERNMENT WITHOUT NOTIFICATION TO ATTORNEY GENERAL
(1)

18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)


Highest Offense Level (Opening)

Felony


Terminated Counts


Disposition

None


Highest Offense Level (Terminated)

None


Complaints


Disposition

18 U.S.C. 1391, 1956 (CONSPIRACY TO ACT AS AN UNREGISTERED AGENT OF FOREIGN GOVERNMENT; CONSPIRACY TO COMMIT MONEY LAUNDERING)


Assigned to: Judge Kimba M. Wood

 


Defendant (7)

 

Natalia Pereverzeva
also known as
Patricia Mills

 


Pending Counts


Disposition

18:371.F CONSPIRACY TO ACT AS AGENTS OF A FOREIGN GOVERNMENT WITHOUT NOTIFICATION TO ATTORNEY GENERAL
(1)

18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)


Highest Offense Level (Opening)

Felony


Terminated Counts


Disposition

None


Highest Offense Level (Terminated)

None


Complaints


Disposition

18 U.S.C. 1391, 1956 (CONSPIRACY TO ACT AS AN UNREGISTERED AGENT OF FOREIGN GOVERNMENT; CONSPIRACY TO COMMIT MONEY LAUNDERING)


Assigned to: Judge Kimba M. Wood

 


Defendant (8)

 

Defendant #8
also known as
Juan Lazaro

represented by

Robert Joel Krakow
Office of Robert J. Krakow
225 Broadway, Suite 2700
New York , NY 10007
(212) 227-0600
Fax: (646)-349-1771
Email: rkrakow@earthlink.net
LEAD ATTORNEY
Designation: CJA Appointment


Pending Counts


Disposition

18:371.F CONSPIRACY TO ACT AS AGENTS OF A FOREIGN GOVERNMENT WITHOUT NOTIFICATION TO ATTORNEY GENERAL
(1)

18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)


Highest Offense Level (Opening)

Felony


Terminated Counts


Disposition

None


Highest Offense Level (Terminated)

None


Complaints


Disposition

18 U.S.C. 1391, 1956 (CONSPIRACY TO ACT AS AN UNREGISTERED AGENT OF FOREIGN GOVERNMENT; CONSPIRACY TO COMMIT MONEY LAUNDERING)


Assigned to: Judge Kimba M. Wood

 


Defendant (9)

 

Vicky Pelaez

represented by

John Michael Rodriguez
Law Office of John M. Rodriguez LLC
286 Madison Avenue
Suite 2002
New York , NY 10017
(212) 889-5511
Fax: (212) 889-5522
Email: jrnylaw@verizon.net
LEAD ATTORNEY
Designation: CJA Appointment


Pending Counts


Disposition

18:371.F CONSPIRACY TO ACT AS AGENTS OF A FOREIGN GOVERNMENT WITHOUT NOTIFICATION TO ATTORNEY GENERAL
(1)

18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)


Highest Offense Level (Opening)

Felony


Terminated Counts


Disposition

None


Highest Offense Level (Terminated)

None


Complaints


Disposition

18 U.S.C. 1391, 1956 (CONSPIRACY TO ACT AS AN UNREGISTERED AGENT OF FOREIGN GOVERNMENT; CONSPIRACY TO COMMIT MONEY LAUNDERING)


Assigned to: Judge Kimba M. Wood

 


Defendant (10)

 

Anna Chapman

represented by

Robert M. Baum
Federal Defenders of New York Inc. (NYC)
52 Duane Street
10th Floor
New York , NY 10007
(212) 417-8760
Fax: (2120 571-0392
Email: robert_baum@fd.org
LEAD ATTORNEY
Designation: Public Defender or Community Defender Appointment


Pending Counts


Disposition

18:371.F CONSPIRACY TO ACT AS AGENTS OF A FOREIGN GOVERNMENT WITHOUT NOTIFICATION TO ATTORNEY GENERAL
(1)


Highest Offense Level (Opening)

Felony


Terminated Counts


Disposition

None


Highest Offense Level (Terminated)

None


Complaints


Disposition

18 U.S.C. 371 (CONSPIRACY TO ACT AS AN UNREGISTERED AGENT OF FOREIGN GOVERNMENT)


Assigned to: Judge Kimba M. Wood

 


Defendant (11)

 

Mikhail Semenko

 


Pending Counts


Disposition

18:371.F CONSPIRACY TO ACT AS AGENTS OF A FOREIGN GOVERNMENT WITHOUT NOTIFICATION TO ATTORNEY GENERAL
(1)


Highest Offense Level (Opening)

Felony


Terminated Counts


Disposition

None


Highest Offense Level (Terminated)

None


Complaints


Disposition

18 U.S.C. 371 (CONSPIRACY TO ACT AS AN UNREGISTERED AGENT OF FOREIGN GOVERNMENT)



Plaintiff

 

USA

represented by

Glen Alexander Kopp
United State Attorney's Office SDNY
1 Saint Andrew's Plaza
New York , NY 10007
(212)-637-2210
Email: glen.kopp@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jason Bradley Smith
United States Attorney Office, SDNY
One Saint Andrew's Plaza
New York , NY 10007
(212)-637-1026
Fax: (212)-637-2527
Email: jason.smith2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael E. Farbiarz
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York , NY 10007
212-637-1587
Fax: 212-637-2937
Email: Michael.Farbiarz@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 

Date Filed

#

Docket Text

06/25/2010

1-1 

COMPLAINT as to Defendant #1 (1), Defendant #2 (2), Defendant #3 (3), Defendant #4 (4), Defendant #5 (5), Defendant #6 (6), Defendant #7 (7), Defendant #8 (8), Vicky Pelaez (9). In Violation of 18 U.S.C. 371, 1956 (Conspiracy to Act As An Unregistered Agent of Foreign Government; Conspiracy to Commit Money Laundering) (Signed by Magistrate Judge James L. Cott) (dif) [1:10-mj-01391-UA] (Entered: 06/29/2010) [Not provided by the Court, obtained from elsewhere. 2.4MB]

06/27/2010

1-2 

COMPLAINT as to Anna Chapman (1), Mikhail Semenko (2). In Violation of 18 U.S.C. 371 (Conspiracy to Act as An Unregistered Agent of Foreign Government) (Signed by Magistrate Judge Ronald L. Ellis) (dif) [1:10-mj-01389-UA] (Entered: 06/29/2010) [Not provided by the Court, obtained from elsewhere. 1.1MB]

06/27/2010

 

Arrest of Anna Chapman. (dif) [1:10-mj-01389-UA] (Entered: 06/29/2010)

06/27/2010

 

Arrest of Defendant #8. (dif) [1:10-mj-01391-UA] (Entered: 06/30/2010)

06/27/2010

 

Arrest of Defendant #3. (dif) [1:10-mj-01391-UA] (Entered: 06/30/2010)

06/27/2010

 

Arrest of Defendant #2 (dif) Modified on 6/30/2010 (dif). [1:10-mj-01391-UA] (Entered: 06/29/2010)

06/27/2010

 

Arrest of Vicky Pelaez. (dif) [1:10-mj-01391-UA] (Entered: 06/30/2010)

06/28/2010

CJA 23 Financial Affidavit by Anna Chapman. (Signed by Judge Magistrate Judge Ronald L. Ellis) (dif) [1:10-mj-01389-UA] (Entered: 06/29/2010)

06/28/2010

ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Anna Chapman. Robert M. Baum for Anna Chapman appointed.. (Signed by Magistrate Judge Ronald L. Ellis on 6/28/2010)(dif) [1:10-mj-01389-UA] (Entered: 06/29/2010)

06/28/2010

 

Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Initial Appearance as to Anna Chapman held on 6/28/2010., with Federal Defender Robert Baum and AUSA Michael Farbiarz for the government. Detained; Risk of Non-Appearance; ( Preliminary Examination set for 7/27/2010 at 10:00 AM before Judge Unassigned.) (dif) [1:10-mj-01389-UA] (Entered: 06/29/2010)

06/28/2010

12 

CJA 23 Financial Affidavit by Defendant #8. (Signed by Judge Magistrate Judge Ronald L. Ellis) (dif) [1:10-mj-01391-UA] (Entered: 06/30/2010)

06/28/2010

 

Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Initial Appearance as to Defendant #8 held on 6/28/2010., with CJA Robert Krakow and AUSA Michael Farbiarz for the government. Detention Hearing Scheduled at Defendant's Request for 7/1/10 at 4:00 PM (dif) [1:10-mj-01391-UA] (Entered: 06/30/2010)

06/28/2010

CJA 23 Financial Affidavit by Defendant #3. (Signed by Judge Magistrate Judge Ronald L. Ellis) (dif) [1:10-mj-01391-UA] (Entered: 06/30/2010)

06/28/2010

 

Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Initial Appearance as to Defendant #3 held on 6/28/2010., with CJA Attorney Winston Lee and AUSA Michael Farbiarz for the government. Detention Hearing Scheduled at Defendant's Request for 7/1/10 at 4:00 PM (dif) [1:10-mj-01391-UA] (Entered: 06/30/2010)

06/28/2010

CJA 23 Financial Affidavit by Defendant #2. (Signed by Judge Magistrate Judge Ronald L. Ellis) (dif) Modified on 6/30/2010 (dif). [1:10-mj-01391-UA] (Entered: 06/29/2010)

06/28/2010

 

Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Initial Appearance as to Defendant #2 held on 6/28/2010., with CJA Attorney Donna Newman and AUSA Michael Farbiarz for the government. Detention Hearing Scheduled at Defendant's Request for 7/1/10 at 4:00 PM (dif) [1:10-mj-01391-UA] (Entered: 06/30/2010)

06/28/2010

14 

CJA 23 Financial Affidavit by Vicky Pelaez. (Signed by Judge Magistrate Judge Ronald L. Ellis) (dif) [1:10-mj-01391-UA] (Entered: 06/30/2010)

06/28/2010

15 

NOTICE OF ATTORNEY APPEARANCE: CJA Attorney John Michael Rodriguez appearing for Vicky Pelaez. (dif) [1:10-mj-01391-UA] (Entered: 06/30/2010)

06/28/2010

 

Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Initial Appearance as to Vicky Pelaez held on 6/28/2010., with CJA Attorney John Rodriguez and AUSA Michael Farbiarz for the government. Detention Hearing Scheduled at Defendant's Request for 7/1/10 at 4:00 PM (dif) [1:10-mj-01391-UA] (Entered: 06/30/2010)

07/01/2010

 

Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Detention Hearing as to Defendant #8 held on 7/1/2010 with CJA Attorney Robert Krakow and AUSA Michael Farbiarz for the government. Detention on Consent w/o Prejudice (dif) [1:10-mj-01391-UA] (Entered: 07/02/2010) [Letter from USA to Judge Ellis on detention of four defendants, dated July 1, 2010, not listed in the docket, obtained elswhere. 1.2MB]

07/01/2010

 

Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Detention Hearing as to Defendant #3 held on 7/1/2010 with CJA Winston Lee and Michael Farbiarz for the government. Detained, Risk of Non-Appearance (dif) [1:10-mj-01391-UA] (Entered: 07/02/2010)

07/01/2010

 

Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Detention Hearing as to Defendant #2 held on 7/1/2010 with CJA Attorney Donna Newman and AUSA Michael Farbiarz for the government. Detained, Risk of Non-Appearance (dif) [1:10-mj-01391-UA] (Entered: 07/02/2010)

07/01/2010

 

Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Detention Hearing as to Vicky Pelaez held on 7/1/2010 with CJA Attorney John Rodriguez and AUSA Michael Farbiarz for the government. $250,000 PRB; 3 FRP'S; Secured by $10,000 Cash; Travel Limited to SDNY/EDNY; Strict Pretrial Supervision; Home Incarcetation with Electronic Monitoring (dif) [1:10-mj-01391-UA] (Entered: 07/02/2010)

07/06/2010

16 

SEALED INDICTMENT as to Defendant #1 (1) count(s) 1, 2, Defendant #2 (2) count(s) 1, 2, Defendant #3 (3) count(s) 1, 2, Defendant #4 (4) count(s) 1, 2, Defendant #5 (5) count(s) 1, 2, Defendant #6 (6) count(s) 1, 2, Defendant #7 (7) count(s) 1, 2, Defendant #8 (8) count(s) 1, 2, Vicky Pelaez (9) count(s) 1, 2, Anna Chapman (10) count(s) 1, Mikhail Semenko (11) count(s) 1. (jm) (Entered: 07/07/2010)

07/07/2010

17 

Order to Unseal Indictment as to Defendant #1, Defendant #2, Defendant #3, Defendant #4, Defendant #5, Defendant #6, Defendant #7, Defendant #8, Vicky Pelaez, Anna Chapman, Mikhail Semenko.. (Signed by Judge Loretta A. Preska on 7/7/10)(jm) (Entered: 07/07/2010)

07/07/2010

 

INDICTMENT UNSEALED as to Defendant #1, Defendant #2, Defendant #3, Defendant #4, Defendant #5, Mikhail Kutsik. (jm) (Entered: 07/07/2010)

07/07/2010

 

INDICTMENT UNSEALED as to Natalia Pereverzeva, Defendant #8, Vicky Pelaez, Anna Chapman, Mikhail Semenko. (jm) (Entered: 07/07/2010)

07/07/2010

 

Case Designated ECF as to Defendant #1, Defendant #2, Defendant #3, Defendant #4, Defendant #5, Mikhail Kutsik. (jm) (Entered: 07/07/2010)

07/07/2010

 

Case Designated ECF as to Natalia Pereverzeva, Defendant #8, Vicky Pelaez, Anna Chapman, Mikhail Semenko. (jm) (Entered: 07/07/2010)

07/07/2010

18 

ENDORSED LETTER as to Defendant #1 addressed to Judge Wood from Michael Farbiarz, Glen Kopp and Jason Smith dated 7/7/2010 re: the Government respectfully requests that the Court stay the Release Order pending the disposition of the Government's appeal. Accordingly, a stay of the Release Order is necessary to avoid irreparable harm to the Government's appeal as to Defendant #1( Status Conference set for 7/9/2010 at 11:00 AM before Judge Kimba M. Wood.)...ENDORSEMENT..The Release Order is stayed pending the disposition of the Government's appeal. A hearing on this appeal is hereby scheduled for Friday, July 9, 2010 at 11:00am. SO ORDERED. (Signed by Judge Kimba M. Wood on 7/7/2010)(jw) (Entered: 07/07/2010)

07/08/2010

19

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION as to Defendant #4. IT IS HEREBY ORDERED that Peter B. Krupp, Esq. Lurie & Krupp, LLP, One McKinley SquareBoston, MA 02109, p: 617-367-1970, f: 617-367-1971, pkrupp@,luriekrupp.com. is admitted to practice pro hac vice as counsel for Defendant #4, also known as Donald Howard Heathfield, in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of the Court. (Signed by Judge Kimba M. Wood on 7/7/2010)(jw) (Entered: 07/08/2010)