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
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]
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
3
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
4
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
6
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
4
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)
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)
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)
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)