Month: December 2024

Source: United States Department of Justice Criminal Division

Sergey Nechaev, a dual U.S.-Russian citizen, was arrested today in the Southern District of Georgia on charges related to the unlawful attempted export of two small aircraft to Russia. In conjunction with the arrest, the U.S. government also seized the aircraft.

According to the indictment, between March 3, 2023, and March 24, 2023, Nechaev engaged in a scheme to violate and evade U.S. export control laws and regulations by attempting to smuggle two Cessna aircraft from the United States to Russia by transshipping them through Armenia. Specifically, after the U.S. government imposed stricter controls on Russia in February 2022, Nechaev attempted to export a 1968 Cessna 172K and a 1973 Cessna, valued together at approximately $170,000, to a purported Russian flight school, without the required license or authorization from the Department of Commerce. To conceal the true end user and destination of the aircraft, Nechaev falsely represented that the end user and destination were in Armenia.

Nechaev is charged with attempting to export controlled goods without a license in violation of the Export Control Reform Act (ECRA), smuggling goods contrary to U.S. law, and causing the submission of false and misleading information in Electronic Export Information paperwork submitted through the Automated Export System. If convicted, Nechaev faces a maximum penalty of 20 years in prison for the unlawful attempted export of controlled goods; up to 10 years in prison for smuggling; and up to five years in prison for falsifying export information. The aircraft will also be subject to forfeiture as property involved in the commission of the crime. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The U.S. Department of Commerce’s Office of Export Enforcement, the U.S. Department of Homeland Security’s Homeland Security Investigations, the U.S. Customs and Border Protection, and the Federal Aviation Administration are investigating the case.

Assistant U.S. Attorneys Darron Hubbard and L. Alexander Hamner for the Southern District of Georgia and Trial Attorneys Leslie Esbrook and Fatema Merchant of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

The investigation was coordinated through the Justice Department’s Task Force KleptoCapture, an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export controls and economic countermeasures that, beginning in 2014, the United States, along with its foreign allies and partners, has imposed in response to Russia’s unprovoked military invasion of Ukraine. Announced by the Attorney General on March 2, 2022, and under the leadership of the Office of the Deputy Attorney General, the task force will continue to leverage all of the department’s tools and authorities to combat efforts to evade or undermine the collective actions taken by the U.S. government in response to Russian military aggression.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice Criminal Division

Assistant Attorney General Kristen Clarke of the Civil Rights Division and U.S. Attorney Kate E. Brubacher for the District of Kansas issued the following statement today regarding the death of Roger Golubski, who was set to face trial this week:

“This matter involved extremely serious charges, and it is always difficult when a case is unable to be fully and fairly heard in a public trial and weighed and determined by a jury. The proceedings in this case may be over, but its lasting impact on all the individuals and families involved remains. We wish them peace and the opportunity for healing as they come to terms with this development and ask that they all be treated with respect and their privacy respected.”

Source: United States Department of Justice Criminal Division

The United States Trustee Program (USTP) recently obtained denial of bankruptcy discharge for a chapter 7 debtor who had not filed tax returns for many years and did not maintain records for his business.

On October 31, the Bankruptcy Court for the Eastern District of Kentucky granted the U.S. Trustee’s motion for summary judgment and denied a discharge to chapter 7 debtor Charbel Joseph, the sole proprietor of an unincorporated construction business. The debtor claimed assets of just over $21,000 and debts of more than $10 million. An investigation by the U.S. Trustee’s Lexington office revealed that the debtor had not filed tax returns in 16 years, did not maintain any bank accounts and operated a construction business on a cash basis. The debtor produced copies of dozens of checks totaling more than $1.4 million payable to him and dated within two years of the bankruptcy filing, but he was unable to account for the disposition of about $1.3 million of those funds.

The U.S. Trustee filed a complaint seeking to bar the debtor’s discharge and, after discovery closed, filed a motion for summary judgment. After oral argument, the court granted the motion over the debtor’s objection and entered judgment in the U.S. Trustee’s favor.

One of the USTP’s core functions is to combat bankruptcy fraud and abuse through civil enforcement actions against debtors who engage in fraud or otherwise abuse the bankruptcy system. When circumstances warrant, the USTP takes action to deny those debtors a discharge. Under section 727(a)(3) of the Bankruptcy Code, debtors are not entitled to a discharge if they unjustifiably conceal, destroy, mutilate, falsify or fail to maintain or preserve records about their financial condition or business transactions.

“The bankruptcy discharge is the key to a fresh start and comes with obligations, including transparency about the debtor’s financial condition” said Director Tara Twomey of the Executive Office for U.S. Trustees. “Although the vast majority of debtors are honest people who simply want to overcome their financial challenges, cases such as this one require action to prevent unfair manipulation of the bankruptcy system.”

The USTP’s mission is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders – debtors, creditors and the public. The USTP consists of 21 regions with 89 field offices nationwide and an Executive Office in Washington, D.C. Learn more about the USTP at www.justice.gov/ust.