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Russian Hacker Jailed 6 Years Demands Speedy Trial But Is Now Under COVID Quarantine

By Matthew Russell Lee, Patreon Maxwell Book
BBC - Honduras - CIA Trial Book - NY Mag

EDNY COURTHOUSE, Sept 7 –  Russian hacker Dmitry Ukrainskiy was to have been arraigned before U.S. District Court for the Eastern District of New York Magistrate Judge Ramon E. Reyes on August 10 at 9 am.

It was to be by Zoom from the Metropolitan Detention Center, also in Brooklyn. There was a public call-in line, which Inner City Press called into.  

But that arraignment did not take place. Despite the docket saying the arraignment was by Zoom, authorities had put Ukrainskiy on a bus from the MDC over to EDNY in Cadman Plaza. It was stuck in traffic, apparently -- the arraignment was canceled.

On August 15 it took place, with Urkainskiy's request for speedy trial not granted and the Office of US Attorney Breon Peace saying it may seek to move to the case to another judge (see below).

On September 7, this: "SCHEDULING ORDER: The in person conference scheduled for September 7, 2022 is being adjourned by the Court to September 15, 2022 @ 2:30 PM, because the defendant is in COVID quarantine in the MDC. With the parties consent the court will enter an order waiving speedy trial in the interest of justice until September 15, 2022. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person conference. Ordered by Judge Frederic Block on 9/7/2022."

Back on August 30, this: "Dear Chief Judge Brodie, Judge Block, and Judge Korman: Pursuant to Local Rule 50.3.2, the government hereby notifies the Court that the above-captioned case United States v. Ukrainskiy No. 22-351 (FB) is presumptively related to United States v. Khaimov No. 17-25 (ERK), United States v. Komova No. 17-cr-88 (ERK), and United States v. John Doe No. 17-04-(ERK) (collectively, the “Related Cases”). Local Rule 50.3.2(b)(1) provides for a “presumption that one case is ‘related’ to another when the facts of each arise out of the same charged criminal scheme(s), transaction(s), or event(s), even if different defendants are involved in each case.” Local Rule 50.3.2(c)(1) directs the United States Attorney’s Office to “give notice to all relevant judges whenever it appears that one case may be presumptively related to another pursuant to Section (b)(1).” This letter constitutes the notice directed by Local Rule 50.3.2(c)(1)." Watch this site.

Previously, Russian hacker Dmitry Ukrainskiy was being arraigned before EDNY Magistrate Judge Reyes. Counsel for Ukrainskiy: I spoke with my client yesterday in the MDC and he complains about the slow pace of his case and he demands a speedy trial.

Judge Reyes: The pace of the case is not something I can impact. I will let the District Judge know...

Judge Reyes: Mr. Ukrainskiy, you are charged in five courts. Have you received a copy of the indictment? Counsel: I dropped it in the MDC legal mailbox but he still hasn't received it... But he understands the charges and pleads not guilty.

EDNY AUSA: Some personal items came in- Counsel: This is not a matter for the court. EDNY AUSA: I want to put it on the record. We will mail them to an address in the US or hold them until the time of trial. And, we want to exclude time under the Speedy Trial Act

Defense counsel: He does not consent. AUSA: That doesn't matter. The Court can do it. Defense counsel: Mr. Ukrainskiy has been in custody for six years. The EDNY prosecutors do not need more time.

AUSA: We seized two computers, much evidence. To the extent that defense counsel's busy trial schedule- Defense Counsel: We don't even have the discovery yet. That's what Mr. Ukrainskiy objects to. That's the point.

Judge Reyes: When did the EDNY get this evidence? AUSA: Most of it in 2016...But it had to be decrypted. We now have an image of it. We can send it once he provides us with a hard drive.

Judge Reyes: I'll exclude time them. But further extensions are unlikely absent a better showing. AUSA Alexander Mindlin: My Office is going to be asking to transfer this case to another judge.

Ukrainskiy was extradited, after delay, from Thailand, like Viktor Bout before him. This is the second time his arraignment has been screwed up in EDNY.

Now, docketed on August 11, a third attempt is set: "SCHEDULING ORDER as to Dmitry Ukrainskiy Video Arraignment on Indictment rescheduled for 8/15/2022 at 09:00 AM before Magistrate Judge Ramon E. Reyes, Jr."


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