The matchless background and distinguished legal forte of New York’s marquee defense attorney, Arkady Bukh, has sheared decades from the sentence  Dmitry Belorossov initially faced. Belorossov, 22, had been accused of operating Citadel, a botnet, and helping develop improvements to the malware which led to over $500 million in losses. Instead of leaving prison as a very old man, Belorossov will be free within a year.

Dmitry Belorossov, of St Petersburg, has been sentenced to four and a half years in an American prison. Prosecutors had accused Belorossov of using sophisticated malware, Citadel, to steal banking information from thousands of computers.

The sentencing follows Belorossov’s guilty plea, in July, 2014, to one count of conspiring to commit computer fraud. Belorossov was accused of playing a small part in a $500 million global cybercrime scheme that infected over 11 million computers globally.

Belorossov was extradited from Spain in 2014. The ongoing extradition of foreigners, accused of criminal activity, to America has created a debate between the US and Russia. The debate has sometimes grown heated, fueled in part by Russia’s refusal to hand over Edward Snowden.

Snowden Connection?

The subject of extradition has always been an issue between America and Russia. It has become a thornier issue since Edward Snowden was allowed to remain in Moscow. While American President Obama has continued to call for Snowden’s return, Russia has used the situation to highlight many extradition requests of its own that American administration officials have ignored.

The fact that Russia and America do not have an extradition treaty was driven home when Russia claimed it could not hand Snowden over when he was in the transit zone of a Moscow airport.

Citadel

Citadel, which first appeared in 2011, was initially designed to capture banking and credit card information from computers. The malware also had the ability to block antivirus software.

A 27-year old Russian, identified only as “Mark“, was arrested in Fredrikstad, Norway at the request of America’s Federal Bureau of Investigation (FBI). The Norwegian newspaper, VG, notes that Mark has been held under house arrest while the FBI attempts to work out his extradition to America. Mark’s extradition is being fought by Russia, who says the evidence against Mark is almost non-existent.

American specialists consider Mark as the software developer behind Citadel.

Citadel has evolved since it was initially found in the cyber badlands. Through evolution, Citadel has become a massively distributed malware that experts believe has compromised millions of computers globally.

When Citadel installs on a computer, it opens channels of communication with command-and-control (C&C) servers. The malware receives a configuration file with operating instructions.

These software instructions tell the infected computer that targets to seek, the type of information to capture and which functions to enable. As long as the malware is interacting with the C&C, the configuration file can be updated with data about new targets and destinations.

IBM research has found that an average of 1 in 500 computers, globally, is infected with Citadel, or another version of APT malware at any point in time. Since Citadel has already infected millions of machines, it is simple for cyber-attacks to take advantage of the malware in new cyber schemes. All violators need to do is implement a new configuration file and anticipate infected machines to access the targets.

Citadel is highly evasive and bypasses the most rigorous threat detection security system.  Citadel may lay idle on a user’s computer for years until it is triggered by a user action. This hibernation means that many users, and organizations, do not know their machines have been infected.

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Can individuals who don’t actually commit a criminal act be sentenced to prison for helping to cover up evidence when a crime is committed? The answer to this question is a resounding yes. If you help a friend after-the-fact or obstruct a police investigation, you can face serious criminal charges.  Three college friends of Dzhokhar Tsarnaev, the bomber of the Boston Marathon, discovered this the hard way when they were sentenced to years of imprisonment for not providing truthful information when questioned by law enforcement and for removing evidence from a dorm room.

This high-profile case not only shows the risks of becoming involved in any way with a criminal act, but also demonstrates that sometimes harsh sentences may be handed down based on the emotional nature of a particular case. While many people who are accused of obstructing an investigation or removing evidence from a crime scene end up facing only probation, the friends of the Boston bomber are going to prison- even one who had the support of a former Massachusetts’ governor.

If you are accused of helping someone to hide evidence or of refusal to cooperate with the police, you need to understand what your rights are and you need an experienced criminal defense lawyer to provide you with assistance as you try to avoid being convicted of a crime.

Friends of the Boston Bomber Sentenced to Prison

Azamat Tazhayakov is just 21-years-old but was sentenced to 3 1/2 years in jail for the charges of conspiracy and obstruction of justice.  Tazhayakov was friends with Tsarnaev and he and another friend agreed to remove Tsarnaev’s backpack from his dorm at the University of Massachusetts-Dartmouth.  The backpack had contained fireworks that had been emptied of explosive powder.

Tazhayakov’s sentencing followed a sentencing hearing held earlier in the same week in which the fate of Dias Kadyrbayev was determined. Kadyrbayev had been charged with taking Tsarnaev’s laptop and with taking Tsarnaev’s backpack from his dorm room and throwing it into a trash bin.  Kadyrbayev was sentenced to six years of imprisonment for this action. Tazhayakov’s conspiracy charge was for agreeing with Kadyrbayev to remove the backback.

Another 21-year-old friend of Tsarnaev also was sentenced to three years of imprisonment.  Robel Phillipos was accused of lying to the FBI about being in Tsarnaev’s dorm room the day after the marathon was bombed.  The judge indicated that Phillipos was responsible for a “substantial diversion” of the resources of law enforcement officers, and the judge went on to comment that there was a “price to be paid for the failure of responsibility.”

Phillipos was considered by many to be the least culpable of all of Tsarnaev’s friends accused of covering up evidence in the aftermath of the bombing. He was accused of telling nine separate lies to the FBI, but was acquitted of telling four of the lies including claims that he didn’t see fireworks and didn’t see Tsarnaev’s backpack being moved.

Phillipos’ attorneys had been arguing for a sentence of two years of home confinement. Former Massachusetts governor and 1988 Democratic presidential nominee Michael Dukakis wrote a letter asking for leniency for Phillipos, asserting that he “can’t understand why justice would be served by incarcerating him.”  Phillipos is appealing the sentence against him, and may seek a stay to avoid imprisonment while his appeal is pending.

These harsh sentences are likely partially the result of the publicity surrounding the Boston bombing case, coupled with the fact that the bombing is viewed by law enforcement and the public as such a grievous crime.  Tsarnaev has been sentenced to death for his role in the bombing.

Those who are accused of obstruction of justice, lying to the police, or obstructing an investigation need to understand that there are very real risks. Unlike when you are being investigated and are permitted not to incriminate yourself, there are no Constitutional protections that allow you to refuse to incriminate a friend.  You need to get help from an experienced defense lawyer whenever you are being questioned by the police and any time you are charged with participation in any crime.

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Yesterday I noted the progress of AB 259 — a bill that would criminalize the sale of salvia divinorum to minors — through the California legislature and wondered whether it makes sense to support such a bill as a pragmatic matter.

Now one of the reasons for my hesitation becomes evident in a press release from the “Wonderland Treatment Center,” one of the proponents of AB 259. Here are the first three graphs of the release, with some of the more interesting claims bolded:

LOS ANGELES, Jan. 17 /PRNewswire/ — Howard C. Samuels PsyD, Executive Director and co-founder of Wonderland Treatment Center in Los Angeles, has won a major victory in his crusade against the hallucinogenic plant “Salvia Divinorum.” On a 7-0 vote cast just yesterday, the California Assembly Committee on Public Safety passed Assembly Bill 259, introduced by Assemblyman Anthony Adams (R-Hesperia), which would make the sale or distribution of Salvia to any person under the age of 18 a misdemeanor in the State of California. Samuels had recently petitioned the Assemblyman on the cause, which found widespread support on behalf of state, county, and local law enforcement agencies among many others.

“Young people are dying from this drug,” said Samuels. “Making a substance illegal may not always succeed in making it impossible to get, but it makes it much, much harder to get, especially for kids and teenagers. This is a vitally important first step for our kids and our community.”

Salvia is a naturally grown, mint-like leaf which has been equated to providing users with experiences similar to that of the mind-altering drug LSD. Side effects include uncontrollable hysteria, an out of body experience, and a feeling of total confusion or near-madness.

There are several problems here.  The claim that “young people are dying” from salvia is not backed up by empirical evidence, and, oddly enough, is contradicted by the actual text of AB 259 itself, which states that “medical experts and accident and emergency rooms have not reported any particular health concerns” about the drug.  In the United States, there has only ever been one asserted claim of a link between salvia use and the death of a young person. That occurred two years ago, and even in that case the connection between the drug and the death is tenuous at best. Compare that to the actual risk of a legal drug like tobacco, which is documented as killing more than 400,000 Americans every year, according to the Centers for Disease Control and Prevention, and the problematic nature of this claim as the basis for a “crusade” against salvia is thrown into sharp relief.

Similarly, the description of the “side effects” of salvia leans rather heavily on “Reefer Madness”-style language. While salvia can be quite a strong drug, the claim that it produces “hysteria,” “total confusion” and “near-madness” as a “side effect” doesn’t correspond at all to a drug whose effects are more typically described as wearing off within five or ten minutes and leaving the user with a mild sense of euphoria.

When I see (what I consider to be) misleading language like this, it really gives me pause about supporting AB 259 — not because I disagree with the basic idea of prohibiting the sale of salvia to minors, but because I feel seriously uncomfortable about the political allies.

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A recent report by The Sentencing Project documents, in considerable detail, something that many Americans uneasily suspect about the way the war the drug war is policed: namely, that it affects African American communities vastly more than those communities “deserve” based on their level of drug use. This isn’t the only report or the only group to note this statistical skew: Human Rights Watch has also released a report documenting similar trends, and the Justice Policy Institute released a report along similar lines in December of 2007. Why is this racial disparity happening, and is there anything that people, including members of the law enforcement community, can do to address it?

I spoke with Ryan S. King, the author of the report, which is called Disparity by Geography: The War on Drugs in America’s Cities. I’ve added a few links and graphs to illustrate what we’re talking about.

Q: One of the first things that caught my eye in the report was the discussion of discretion in policing and the way that plays into racial profiling. Can you explain a little bit about why there is discretion when it comes to drug policing and why that matters?

A: At the very basic level, one could argue about what the definition of a victimless crime is, but a drug offense is victimless insofar as it’s not a violent crime, it’s not a property crime. So it’s not like when police are investigating a murder or a robbery or a burglary or an auto theft where there’s a victim and somebody reports it and the police then reactively take action. It’s much more proactive. The police are going out, they’re searching out these types of offenses, often through different types of subterfuge, whether it’s undercover buy-busts, relying on confidential informants and so on. Most Americans are aware of the unseemly ways in which law enforcement go about detecting drug transactions and making an arrest. So in the fact that these drug offenses are victimless by definition, there’s where the discretion in law enforcement lies.

We all know that there are millions and millions of Americans who are using drugs. The fact is that only a fraction of them are going to be arrested during a year. Law enforcement goes out and they choose the neighborhoods where to pursue the war on drugs and it’s been very clear and well documented that that’s predominantly done in communities of color.

Q: George Will had a column back in June in the Washington Post talking about what he thought explained different arrest rates and different incarceration rates between racial groups. He wrote “the reason more blacks are disproportionately in prison and for longer terms is not racism but racial differences in patterns of criminal offenses.” Do you feel like that’s an accurate characterization?

A: Not when it comes to drug offenses, no. There’s been empirical studies that have looked at the role that differential offending plays in disparities that we see in the criminal justice system, and while different offending is largely to explain for the differences we see in property and violent crimes, that’s not so with drug offenses, and that gets back to this issue of discretion. You can look no further than the National Survey on Drug Use and Health that’s done on an annual basis that shows that African Americans are about 12% of the general population and they’re about 12% of regular monthly illicit drug users. It’s not a matter of two or three times that rate where you might expect to see differential arrest rates. So there’s something else going on besides the fact that African Americans are just using drugs more frequently, and that’s this discretion that law enforcement has in deciding where to pursue the war on drugs.

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Clients Successfully Represented by Our Firm

At Bukh Law Firm, we fight tirelessly to represent you in your criminal case and ensure a favorable outcome for you. Depending on your case’s facts and the law that applies, a favorable outcome could range from dropping charges to reduced prison time to probation to a favorable appeal. The list below is a selection of clients that Bukh Law Firm have represented in their criminal case (both state and Federal.) This list is to show the quality of representation that Bukh Law Firm are known for, and to show you that our firm can handle large cases. Please remember that every case is different based on the individual facts, and if you are wondering what the possible outcomes in your case are, you can call and speak to one of our knowledgeable New York criminal attorneys.

**BREAKING NEWS**

Tatyana Usyk, client of Bukh Law Firm, was charged with conspiracy to commit healthcare fraud, and accused of assisting medical workers with coaching car accident victims to commit insurance fraud. Our client, Ms. Usyk, only got probation in her case, while her co-conspirators were sentenced to 12 and 15 years.

OUR FIRM RECORD OF REPRESENTATION IN BIG CRIMINAL CASES

US v. Tazhayakov – Attorney Bukh’s client Azamat Tazhayakov has been indicted in connection with the Boston Bombings and charged with Federal obstruction of justice charges, which can carry prison time. Not one to be afraid of a big case with news coverage, Attorney Arkady Bukh told the Boston Globe, “This is a case that should go to trial, and the client should have an opportunity to explain his behavior to a jury. If the government doesn’t feel like dismissing the case, we will go to trial.” The client has pled not guilty and Attorney Bukh is preparing for trial.

NY v. Vohra – Client was charged with rape after meeting with a woman he met on a dating site, low bail was set, our Attorney was interviewed by the media, stating that the case likely had weaknesses. Case was dismissed.

NY v. Sorodsky – Client was charged with multiple counts of rape after he was accused of sexually assaulting women under the guise of a medical practice. At the outset of the case, bail was set at $11 million, one of the biggest bails in history, and the client faced a substantial prison sentence, as he was charged at first with hundreds of counts of rape. After a court battle, the client was sentenced to only three more years (sex years total) in prison.

NY v. Perchikov – Client was indicted for insurance fraud in connection with several insurance policies that named him as the beneficiary. Case was dismissed.

Alex Yakovlev UN Oil for Food Scandal – Client was accused of wire fraud, conspiracy to commit wire fraud, and money laundering. In a case that received international media attention, Attorney Arkady Bukh was able to negotiate the ultimate result of a sentence of time served and probation.

US v. Klopov – Client was charged with conspiracy, grand larceny, and money laundering resulting from alleged cyber crimed targeting wealthy individuals. In the initial stages of the investigation, prosecutors promised the client “100 years in prison.” After hiring Attorney Bukh and going forward with his case, the client got less than two years.

US v. Nikolaenko – Client was charged after a federal investigation accused him of being behind close to one-third of the word’s spam. After negotiating with Federal prosecutors, Attorney Arkady Bukh was able to reduce his sentence to time served.

US v. Horohorin – Client was accused of being one of the most wanted cyber criminals in the world. He was arrested and charged in the US with access device fraud and aggravated identity theft. Under the federal criminal guidelines, he should have been sentenced to 60 years, but after being represented by Attorney Bukh, he was sentenced to only a few years.

Unnamed Defendant – Client was charged with murder, with the crime allegedly being perpetrated by twenty-four strikes of a fork. Trial won.

US v. Ciano – Client was charged with weapons violations and murder. Trial was won my Attorney Arkady Bukh and their team.

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Salvatore J. Piemonte, a former prosecutor for the Onondage County District Attorney’s Office in Syracuse, New York, for seven years, and former a local judge, was indicted last November in the U.S. District Court for the Northern District of New York for allegedly aiding and abetting the sale of marijuana, according to Syracuse.com. The government charged that Mr. Piemonte allegedly accepted a large sum of money from drug dealers in exchange for providing them with false documentation. The documentation allegedly falsely represented that a courier for the drug dealers had been arrested, and the drug dealers purportedly intended to show the documentation to their supplier in Canada in a scheme to pocket the proceeds from their drug sales.

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