Two Tennessee Individuals Charged In Manhattan Federal Court With Violating The Freedom Of Access To Clinic Entrances Act

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, the Assistant Director in Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an Indictment charging BEVELYN BEATTY WILLIAMS and EDMEE CHAVANNES (together, the “Defendants”) with violating the Freedom of Access to Clinic Entrances Act (the “FACE Act”) and conspiring to do the same in connection with a multi-year campaign to interfere with individuals seeking to obtain and provide lawful reproductive health services in New York and in several other states.  WILLIAMS and CHAVANNES surrendered today and will be presented in the United States District Court for the Eastern District of Tennessee.  The case is assigned to U.S. District Judge Jennifer L. Rochon. 

U.S. Attorney Damian Williams said: “As alleged, the defendants repeatedly attempted — including by using threats, and on at least one occasion, force — to prevent individuals from accessing their legal right to reproductive health services.  This Office will remain committed to ensuring that healthcare facilities, their staff, and those seeking to obtain reproductive health services can continue to do so without unlawful interference.”

FBI Assistant District in Charge Michael J. Driscoll said: “As we allege today, Ms. Williams and Ms. Chavannes violated the FACE Act by willfully interfering with individuals seeking to obtain or provide lawful reproductive health services.  In one instance, Ms. Williams injured a health-center employee while obstructing access to the reproductive health center.  The FBI will continue to investigate these types of allegations to ensure individuals who seek legal reproductive health services may do so without fear or intimidation.”

According to the allegations in the Indictment unsealed today in Manhattan federal court:[1]

From at least in or about 2019 up to and including at least in or about 2022, WILLIAMS and CHAVANNES agreed to and did use unlawful means — including force, threats of force, and physical obstruction — to injure, intimidate, and interfere with individuals because those individuals were seeking to obtain lawful reproductive health services or were providing such services. 

As part of that agreement, on or about June 19, 2020, and June 20, 2020, WILLIAMS and CHAVANNES threatened and used force against patients and staff members at a reproductive health center located in lower Manhattan (the “Health Center”), and blocked patients and staff members from accessing the Health Center.  In one instance, WILLIAMS pressed her body against the door of the Health Center’s patient entrance and refused to move, preventing a Health Center volunteer from entering the Health Center.  As a Health Center staff member (“Victim-1”) attempted to open the door for the volunteer, WILLIAMS purposefully leaned against the door, crushing Victim-1’s hand.  Victim-1 yelled, “She’s crushing my hand,” but WILLIAMS remained against the door, trapping Victim-1’s hand and injuring it. 

At various times on June 19 and 20, 2020, WILLIAMS and CHAVANNES stood directly in front of the Health Center entrances.  WILLIAMS and CHAVANNES initially blocked the main entrance used by patients, causing the Health Center to have to divert patients to enter through the staff entrance.  WILLIAMS and CHAVANNES responded by moving in front of the staff entrance and directing others to do so as well.  In addition, on or about June 19, 2020, CHAVANNES threatened Victim-1 by leaning her body toward Victim-1 at close range, forcing Victim-1 against metal barricades, while yelling “do not touch me” within inches of Victim-1’s face.

WILLIAMS and CHAVANNES livestreamed some of their conduct on June 19 and 20, 2020, on a social media account.  On the livestream on June 19, 2020, WILLIAMS stated, in part, “This is going to be a wonderful day.  We are going to terrorize this place.  And I want the manager to hear me say that.  We are going to terrorize this place.  More people are coming.”  The following day, WILLIAMS stated, in part, “We gonna stand here and we ain’t moving.  We not moving.  We’re standing here, so I guess no women will be coming in for abortions today.  It’s a warzone.” 

In addition to the defendants’ conduct in Manhattan, New York, WILLIAMS and CHAVANNES’ unlawful agreement to use prohibited means to injure, intimidate, and interfere with individuals because those individuals were seeking to obtain or provide reproductive health services has extended to other locations, including Florida, Tennessee, Georgia, and Brooklyn, New York.  For example, in January 2022, WILLIAMS and CHAVANNES travelled to and were present outside a health center in Fort Myers, Florida, where they directed other individuals to block health center entrances.  In addition, in July 2022, WILLIAMS and CHAVANNES blocked patient access to a health center in Atlanta, Georgia, by standing inside the center’s vestibule and yelling threatening comments at individuals believed to be health center patients. 

WILLIAMS, 31, and CHAVANNES, 41, both of Ooltewah, Tennessee, are charged with conspiracy to violate the FACE Act, which carries a maximum sentence of five years in prison.  In addition, WILLIAMS is charged with violating the FACE Act through force, threats of force, and physical obstruction, resulting in bodily harm, which carries a maximum sentence of 10 years in prison.  CHAVANNES is charged with violating the FACE Act through threats of force and physical obstruction, which carries a maximum sentence of one year in prison. 

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as the sentencing of the defendants will be determined by a judge.

Mr. Williams praised the outstanding investigative work of the FBI. 

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

MAYOR ADAMS STATEMENT ON IMPENDING EXPIRATION OF TITLE 42 AND INFLUX OF BUSSES EXPECTED THIS WEEK

 

New York City Mayor Eric Adams today released the following statement as New York prepares for the potential for an influx of busses to arrive in New York City as early as next week once Title 42 is set to end:

“Throughout its history New York has welcomed immigrants with open arms, and their success has been our success. This was true when New York was founded by the newest Americans, and it was true this spring when dozens and then hundreds of asylum seekers began arriving daily at the Port Authority Bus Terminal after long, arduous, and dangerous journeys. Together, we did what we have always done — go to extraordinary lengths to welcome these new New Yorkers, ensure they had comfortable places to stay and provided them with food, clothes, and other resources while they awaited their legal proceedings. We’ve already received more than 31,000 asylum seekers into our city, and currently have open 60 emergency shelters, four humanitarian relief centers, and two welcome centers. We’ve placed thousands of children in schools and, all told, we’ve already spent hundreds of millions of taxpayer dollars paying to cloth, feed, house, and support this deeply in-need population.   

“The flow of asylum seekers to New York City has slowed in recent months but the tool that the federal government has used to manage those coming over the border is set to expire this week, and we have been told in no uncertain terms that, beginning today, we should expect an influx of busses coming from the border and that more than 1,000 additional asylum seekers will arrive in New York City every week. We are in urgent need for help, and it’s time for our state and federal partners to act — especially those in Congress who refuse to provide the financial resources or issue temporary work authorizations necessary for these individuals to live properly. New York City has managed this crisis entirely on its own. We’ve asked both the state and federal government for funding, for space to house asylum seekers, for staff, for workforce authorizations and, most importantly, a long-term strategy to ensure asylum seekers are sent to other cities. Our requests for assistance have been mostly ignored. And while the New York federal delegation has repeatedly advocated for funding to be sent back to New York City, many in Congress — both Republicans and Democrats — have refused to lift a finger.   

“This can’t continue. With the expiration of Title 42 just days away, we need the federal government — both in the administration and in Congress — to share their plans to move asylum seekers to other cities, to allow asylum seekers to work, and to send aid to the cities that have borne the brunt of this crisis. We need our partners in the state to acknowledge they too have a responsibility here, and to provide the resources we’ve asked. We need advocates that speak on behalf of the most vulnerable to step up and press the state and federal government to act. And we need New Yorkers to understand that, so far, they have been asked to shoulder this burden almost entirely alone, despite the fact that this challenge originated far beyond our city’s borders.

“Our shelter system is full, and we are nearly out of money, staff, and space. Truth be told, if corrective measures are not taken soon, we may very well be forced to cut or curtail programs New Yorkers rely on, and the pathway to house thousands more is uncertain. These are not choices we want to make, but they may become necessary, and I refuse to be forced to choose new arrivals over current New Yorkers. I’ll say it again — we need a plan, we need assistance, and we need it now.”

The Tale of Two Bronx One for Cuomo and the Other for Hochul - By Former NYC Councilman Ruben Diaz Sr.

 

You should know that in Bronx County, political speculators in the Bronx are asking how is it that in a Democrat Bastion, like the Bronx, former Governor Andrew Cuomo received 260,556 votes in 2018 and now in 2022, just 4 years later, Kathy Hocul, only received a mere 155,564?

 

Speculators wonder why the Republican Party barely got 9% of the vote back in 2018 and now in 2022 the Republicans acquired more than 30% of the votes. How is that possible? We all know that the Bronx is a Bastion, a stronghold, for the Democrat Party. Can it be that the Bronx also has two tales, one for Cuomo and one for Hochul?

 

It is important for you to know that the questions being mulled over by the Bronx Political Speculators are the following......

 

1st Question: Could it be that Governor Andrew Cuomo was after all an outstanding Governor who dedicated a lot of resources, time, and attention to the Bronx (aka the County of Salsa-Rengue) and therefore the voters rewarded him with more than double the number of votes (260,555) in 2018?

 

2nd Question: Or could it be that the Democratic Party in the Bronx and its current leadership Lack Dedication, Political Organization, Political Will, and Political Astuteness, when compared to the Democrat Leadership that existed in 2018 when Rubén Diaz Jr. served as The Bronx Borough President and Assemblyman Marcos Crespo was the Bronx County Chairman for the Democrat Party?

 

3rd Question: Or could it be that Governor Kathy Hochul, due to her extremely unpopular Policies which favor Criminals, and her radical Abortion policies, opened the eyes of many Bronx Democrats? As a result of this rude awakening Bronx Democrat voters abstained from voting for the Democrats as a sign of their repudiation. Did Democrat voters want to send a message to the present Bronx Democrat Leadership?  Is this why Hocul, despite winning the election, with a mere 155,564 votes in the Bronx, had a poor showing when compared to Andrew Cuomo’s votes? 

4th Question: Or could it be that Lee Zeldin's political astuteness in accepting Rev. Rubén Diaz’s invitations to visit the Bronx made an impact?  Zeldin did visit the Bronx many times, during the campaign.  Could it be that his presence in the Bronx caused many Democrats to cross the party line?

 

5th Question: And lastly, could it be that my get out the vote efforts had some impact among the Bronx voters?  I reached out to the Hispanic Ministers, the Churches, the Dominican, Puerto Rican, and the diverse communities and Community Leaders and campaigned asking that they reject the Democrat Policies that are hurting our communities.  I joined the many voices in the Bronx that rejected the current radical Policies of the Democrat Party. Could this be the cause of this poor showing for Democrats in the Bronx?

 

My dear readers, we have no way of knowing what caused this decrease in votes for Democrats, or the reasons why it seems there are two Bronx Political tales one for Andrew Cuomo and one for Kathy Hocul.  

 

Whatever, the cause may be, in 2018 Mark Molinaro and the Republicans in the Bronx got a mere 9% of the vote, and this time, just a few years later, in 2022 Lee Zeldin and the Republicans got more than 30% of the votes. This my dear friend is not only tremendous, but quite impressive!

 

Was it Cuomo’s popularity? Is it fault of The Democrat Party and its Poor Leadership now in play? Was it Zeldin’s constant visits to the Bronx? Was it my active outreach and getting out the vote strategies? Or was it that the voters simply have had enough with the Democrats?  

 

We don’t know. But what I do know is this. It was very important for us to change the political paradigm in the Bronx. We needed a change in the political status quo. It is important that we change our way of thinking when it comes to voting and move from the Democrats practice of taking our votes for granted. 

 

We needed to move from the Democrats and move to the Republicans. These election results showed us that whatever the reason, for this poor showing for the Democrats, we made an impact.  We achieved more than we expected given that we are in the Bronx a Democrat stronghold.

 

You should know that in Political Circles, with numbers like these, we say that the "Loser has won, and the winner is the loser."  The Proof is In the Pudding.

 

I am Reverend Ruben Diaz and this is What You Should Know.

EDITOR'S NOTE:

My dear readers, how much was Reverend Ruben Diaz paid for his services to Lee Zeldin, and any other Republican candidate? 

Was Democratic State Senator Ruben Diaz in 2014 involved in Republican politics? Was Ruben Diaz not standing on East 149th Street urging people of the Bronx to vote for Republican candidate for Governor Rob Astorino against Democrat Andrew Cuomo? How much was Ruben Diaz paid for his services to Republican Rob Astorino in the race for governor against Andrew Cuomo?

Finally, was it not Ruben Diaz who brought then New York State Republican Party Chair Ed Cox to the South Bronx to give out Christmas presents to the children in the same scholl his son Ruben Diaz Jr. attended?  We will bring up the photos from the archive in a future story with an even bigger surprise in it.

Governor Hochul Announces Nearly $12 Million in Pre-K Funding Delivered Across New York

 

$11.7 Million Awarded Through Competitive Process

FY 2023 Budget Provided $125 Million to Expand Access to Full-Day Pre-K

 Governor Hochul announced $11.7 million delivered across New York to expand access to pre-K for four-year-old children. The FY 2023 Enacted Budget included $125 million to expand access to full-day pre-K, creating up to 17,500 additional pre-K seats statewide. Of this $125 million, $11.7 million was awarded today through a competitive process administered by the State Education Department.

"Providing opportunities for quality pre-K education sets up children, parents, and caretakers for success, and I'm proud to deliver this important investment for families across the state," Governor Hochul said. "This funding will help children in their most important stages of development and growth. As a mother, I've seen how essential these resources are and my administration is committed to ensuring every child has the opportunity to succeed in New York."

The FY 2023 Enacted Budget provided a record $31.5 billion in total school aid for school year 2023 and more than doubled the State's investment in child care with $7 billion in funding over four years. These commitments mark a historic investment in school funding and child care.

School districts awarded funding include:

• Buffalo City School District, $2,500,000
• Long Beach City School District, $1,495,000
• Wappingers Central School District, $1,495,000
• Peekskill City School District, $1,059,101
• Ossining Union Free School District, $720,000
• Newfane Central School District, $470,983
• Haverstraw-Stony Point Central School District, $440,528
• Bellmore Union Free School District, $350,000
• Pembroke Central School District, $307,615
• Williamson Central School District, $303,619
• Eden Central School District, $257,328
• Hannibal Central School District, $245,000
• Watervliet City School District, $233,806
• Weedsport Central School District, $219,898
• Cassadaga Valley Central School, $203,283
• Batavia City School District, $200,000
• Avon Central School District, $200,000
• Cohoes City School District, $180,000
• Duanesburg Central School District, $180,000
• Northville Central School District, $150,000
• Wyoming Central School District, $140,000
• Genesee Valley Central School District, $140,000
• Elba Central School District, $117,760
• Canajoharie Central School District, $83,967

New York State Education Commissioner Betty A. Rosa said, "When we strengthen supports and provide equitable opportunities for children in their early years, we see the benefits throughout their school years and beyond.Department is committed to expanding full-day prekindergarten programs that provide a strong educational foundation for our children, resulting in positive long-term outcomes."

Additional pre-K funding will be available later this fiscal year through another competitive award process that will be administered by the State Education Department. School districts seeking to start or expand their pre-K offerings are encouraged to apply.

Attorney General James Secures $200,000 from Student Cap and Gown Producer Herff Jones for Data Breach

 

Herff Jones Must Strengthen Data Security Measures to Protect Consumers

New York Attorney General Letitia James today secured $200,000 from student cap and gown producer, Herff Jones, for failing to protect consumers’ personal information. In April 2021, a data breach exposed the credit card information of thousands of Herff Jones consumers, including more than 40,000 New Yorkers, the majority of whom were students. An investigation by the Office of the Attorney General (OAG) and the Pennsylvania Attorney General’s office revealed that Herff Jones failed to properly employ reasonable data security measures to protect consumers’ information at the time of the breach. As a result of today’s agreement, Herff Jones must pay a $200,000 penalty both to New York and Pennsylvania and strengthen its online data security.

“Herff Jones turned milestones into mayhem for thousands of students whose personal information was stolen online because of poor data security measures,” said Attorney General James. “Consumers who bought class rings and other graduation tokens had their personal information end up in the wrong hands. Companies have an obligation to prioritize their customers’ digital data safety and this agreement will require Herff Jones to strengthen its data security measures. I thank Pennsylvania Attorney General Shapiro for his collaboration in this effort.”

“Protecting Pennsylvanians’ personal information and financial data is a key priority of my office,” said Pennsylvania Attorney General Josh Shapiro. “Every corporation that does business in Pennsylvania needs to stay alert and protect their customer’s personal data or they will have to answer to my office in court. The terms of today’s settlement will help Herff Jones graduate to better protection of consumers’ personal information.”

Herff Jones is a producer and seller of yearbooks, class rings, caps and gowns, and other graduation memorabilia. In April 2021, the company was notified by one of its payment processors that a number of cards tracing back to Herff Jones were found on three different websites known to sell stolen payment card data. A forensic investigation revealed that on December 15, 2020, an unknown hacker exploited a vulnerability in Herff Jones’ web servers that allowed the hacker to steal over 206,000 customers’ payment card information and other personal information, of which 49,228 were New York residents. 

Herff Jones told its customers that it maintained administrative, technical, and physical security measures to protect against the loss, misuse, and/or alteration of their information. However, the OAG investigation discovered that Herff Jones was not in compliance with the Payment Card Industry Data Security Standard (PCI DSS) requirements. As a result of today’s agreement, Herff Jones must pay a $200,000 penalty, which will be divided between New York and Pennsylvania. Today’s agreement also requires Herff Jones to strengthen and maintain reasonable security policies to protect consumers’ personal information.

This agreement is the latest in Attorney General James’ ongoing efforts to protect consumers and hold companies accountable for poor or misleading data security measures. In November, Attorney General James and a multistate coalition obtained a record $391.5 million from Google for misleading millions of users about their location data tracking. In October, Attorney General James secured $1.9 million from e-commerce SHEIN owner for failing to protect consumers’ data. In June, Attorney General James recovered $1.25 million for consumers affected by Carnival cruise line’s data breach.

Council Member Marjorie Velázquez - What's Happening in District 13

 

Dear Neighbor, It’s finally Sunday and our Jewish neighbors will begin the celebrate Hanukkah tonight Sunday, December 18. This beautiful celebration commemorates the rededication of the Holy Temple and is celebrated for eight days and nights. To celebrate, my office and several local elected officials have collaborated with Bronx House to host this year’s Menorah Lighting on Monday, December 19 at 4 PM. This event is open to the public and I encourage you all to join us. In addition to celebrating the holiday season, we are celebrating the opportunity to address the transit and employment needs through the recent announcement of the Bronx Metro-North Plan. The two new Metro-North stations in Morris Park and Parkchester/Van Nest will bring added value to our community and catalyze its economic future and quality of life. We also had an exciting week at City Hall, starting with a rally to raise awareness of the near 100 million single-use plastics used nationwide. I later chaired a public hearing with the Committee on Consumer and Worker Protection to hear public testimony from community members, activists, and City agencies. Additional information on this bill can be found below. If you have general questions or inquiries, please call my office at (718) 931-1721 and leave a message or email us at District13@council.nyc.gov. In the meantime, I look forward to seeing you all around the district and hope you have a safe weekend! Sincerely, Council Member Marjorie Velázquez Our mailing address is: 3040 E Tremont, Bronx, NY 10461

DEC REMINDS HUNTERS OF LATE SEASON DEER HUNTING OPPORTUNITIES

 

Holiday Hunt to Continue This Year

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today reminded hunters that many deer hunting opportunities are still available in New York and encouraged new and experienced hunters to participate.

 

“Late season deer hunting provides a great opportunity to enjoy time afield with family and friends,” said Commissioner Seggos. “The Holiday Deer Hunt continues again this year for hunters across the Southern Zone, allowing families to hunt together when students are on break from school and many adults have time off from work. I hope all hunters continue to have a safe and successful big game hunting season.”

 

The regular firearms season in the Southern Zone includes a late bow and muzzleloader season from Dec. 12 to 20 and Dec. 26 to Jan. 1.

 

The Holiday Deer Hunt is an extension of the late bow and muzzleloader season, running from Dec. 26, 2022, to Jan. 1, 2023. Hunters must possess a bowhunting or muzzleloading privilege to participate in the late bow or muzzleloader season, and they may use all deer carcass tags valid during those seasons.

 

Additional late season opportunities include:

• bowhunting for deer continues in Westchester County until Dec. 31;
• the January Firearms Season in Suffolk County is open Jan. 1 to 31; and
• the special Deer Management Focus Area Season for antlerless deer in central Tompkins County is Jan. 14 to 31.
  

These late seasons are also a great time to get venison for consumption or to donate venison to others. Every late season deer hunter has at least one tag for antlerless deer, with either-sex and antlerless-only Bow/Muzz tags, and unfilled regular season tags which can also be used for antlerless deer during the late seasons.

Remember, it is now a requirement to wear blaze orange or pink when pursuing deer with a firearm. This requirement helps you identify other hunters that may be downrange and alerts hunters and other outdoor enthusiasts that they are sharing the woods with you. In addition, always follow the basics of hunter safety:

• Treat every firearm as if it is loaded.
• Always keep the muzzle pointed in a safe direction.
• Keep your finger off the trigger, and outside the trigger guard, until you are ready to shoot.
• Always be sure of your target and what is in front of it and behind it.
  

DEC also encourages all hunters to follow the "ABCs" of tree stand safety:

• Always remove and inspect the tree stand before use;
• Buckle on the full body harness securely every time; and
• Connect to the tree before your feet leave the ground.

For additional hunting safety information, visit DEC’s website at https://www.dec.ny.gov/outdoor/7860.html#Basics.

Five Russian Nationals, Including Suspected FSB Officer, and Two U.S. Nationals Charged with Helping the Russian Military and Intelligence Agencies Evade Sanctions

 

The Defendants Conspired to Obtain Military-Grade and Dual-Use Technologies from U.S. Companies for Russia’s Defense Sector

 A 16-count superseding indictment was unsealed in Brooklyn charging five Russian nationals, Yevgeniy Grinin, Aleksey Ippolitov, Boris Livshits, Svetlana Skvortsova and Vadim Konoshchenok with conspiracy and other charges related to a global procurement and money laundering network on behalf of the Russian government.  Konoshchenok, a suspected officer with Russia’s Federal Security Service (FSB), was arrested in Estonia on December 6, 2022 and will undergo extradition proceedings to the United States.  Grinin, Ippolitov, Livshits and Skvortsova remain at large.  Estonian authorities searched a warehouse used by Konoshchenok and recovered approximately 375 pounds worth of U.S.-origin ammunition.  Alexey Brayman, a lawful permanent resident of the United States residing in New Hampshire, and Vadim Yermolenko, a U.S. citizen residing in New Jersey, were also arrested and charged as part of scheme.

As alleged, the defendants were affiliated with Serniya Engineering and Sertal LLC, Moscow-based companies that operate under the direction of Russian intelligence services to procure advanced electronics and sophisticated testing equipment for Russia’s military industrial complex and research and development sector.  Serniya and Sertal operated a vast network of shell companies and bank accounts throughout the world, including the United States, that were used in furtherance of the scheme to conceal the involvement of the Russian government and the true Russian end users of U.S.-origin equipment.  The defendants unlawfully purchased and exported highly sensitive and heavily regulated electronic components, some of which can be used in the development of nuclear and hypersonic weapons, quantum computing and other military applications. 

Following Russia’s invasion of Ukraine in February 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce (DOC) Bureau of Industry and Security (BIS) levied sanctions against Serniya, Sertal, Yevgeniy Grinin and several companies used in the scheme, as well as multiple individuals affiliated with the network, including defendant Yevgeniy Grinin, calling them “instrumental to the Russian Federation’s war machine.”

As alleged in the indictment, Sertal was licensed to conduct highly sensitive and classified procurement activities by Russia’s Federal Security Service (FSB), Russia’s principal security agency and the main successor agency to the Soviet Union’s KGB.  The Serniya network’s clients included State Corporation Rostec, the state-owned defense conglomerate; State Atomic Energy Corporation Rosatom (Rosatom); the Ministry of Defense; the Foreign Intelligence Service (SVR); and various components of the FSB, including the Department of Military Counterintelligence and the Directorate for Scientific and Technological Intelligence, commonly known as “Directorate T.”

Merrick B. Garland, United States Attorney General, Breon Peace, United States Attorney for the Eastern District of New York, Lisa O. Monaco, Deputy Attorney General for the Department of Justice, Christopher A. Wray, Director, Federal Bureau of Investigation (FBI), Michael J. Driscoll, Assistant Director-in-Charge, FBI, New York Field Office, Matthew Axelrod, Assistant Secretary of Commerce for Export Enforcement, U.S. Department of Commerce, and Andrew Adams, Director, Task Force KleptoCapture, announced the charges.

“The Department of Justice and our international partners will not tolerate criminal schemes to bolster the Russian military’s war efforts,” said Attorney General Merrick B. Garland. “With three of the defendants now in custody, we have disrupted the procurement network allegedly used by the defendants and Russian intelligence services to smuggle sniper rifle ammunition and sensitive electronic components into Russia. The Justice Department will continue to vigorously enforce our economic sanctions and export controls against those who enable the Russian government to continue its unjust war in Ukraine. I am grateful for the tireless efforts of the Department’s Task Force KleptoCapture, the National Security Division, the Office of International Affairs, the U.S. Attorney’s Office for the Eastern District of New York, and the FBI on this case.”

“As alleged, the defendants perpetrated a sophisticated procurement network that illegally obtained sensitive U.S. technology to facilitate the Russian war machine,” stated United States Attorney Peace.  “Our Office will not rest in its vigorous pursuit of persons who unlawfully procure U.S. technology to be used in furtherance of Russia’s brutal war on democracy.”                                 

“Today the Department of Justice proves once again that we will relentlessly pursue those who support the Russian war machine by evading sanctions and export controls,” stated Deputy Attorney General Monaco.  “By exposing the defendants’ smuggling of ammunition and transfer of sensitive U.S. technologies — from quantum computing to hypersonic weapons development —the Department of Justice is holding accountable those who are fueling Russia’s unlawful and unprovoked aggression in Ukraine.”

“The FBI’s work, with our partners, to identify and stop illegal transfers of weapons and dual use-technology to Russia shows that we can and will reach around the world to keep Americans safe,” said FBI Director Christopher Wray. “The industries that these illegal transfers could support – quantum computing, hypersonic weapons – pose great danger in the hands of our adversaries.  The FBI will remain relentless against illegal transfers that support such industries in hostile nations, while we also continue to focus on protecting strategic technology innovation here at home.”

“We continue to protect military and dual-use technologies from adversaries seeking to undermine the United States or bring harm to our allies. Russia has shown it will use any means necessary to skirt our laws, including illegally procuring sensitive electronic components, for the purpose of bolstering its intelligence services and military wartime capabilities. Today’s actions represent outstanding collaborative work by FBI New York and our partners who have relentlessly disrupted these illicit activities, a mission that has become increasingly more critical following Russia's invasion of Ukraine, and sends a strong message to those who jeopardize the national security of the United States,” stated FBI Special Agent-in-Charge Driscoll.

“The powerful export controls we’ve put in place have been successful in isolating Russia from the global economy,” said Assistant Secretary of Commerce for Export Enforcement Axelrod.  “Today’s coordinated DOJ and Commerce enforcement actions demonstrate our vigilance in uncovering Russian tactics to illicitly acquire the items they need to keep their brutal war going.”

“From the outset of the Task Force, robust enforcement of U.S. export controls and restrictions on the transfer of sensitive technology has been a key strategic priority,” said Task Force KleptoCapture Director Adams. “Today’s indictment demonstrates the reach of those controls and the United States’ commitment to choking off access to military grade equipment by the Russian regime. We will continue the steady pace of seizures, indictments and arrests, while the Kremlin continues shopping for spare parts in North Korea.”

As alleged in the indictment, Ippolitov received requests from Russian end users and relayed them to Grinin and Skvortsova, who were both employees of Sertal.  Grinin and Skvortsova secured funding and shipping routes for the transactions, and tasked Livshits with procuring the items from U.S. companies.  Livshits, a former resident of Brooklyn, New York, opened and controlled a variety of shell companies and associated bank accounts in the New York City area, which he used to route shipments and layer financial transactions in furtherance of the scheme.  Livshits also interfaced directly with U.S. companies—often using the alias “David Wetzky”—and made materially false statements about how the items would be used and the ultimate end user. 

Based in the United States, Brayman and Yermolenko would fabricate shipping documents and invoices, repackaging and reshipping items to intermediate destinations around the world—including to Konoshchenok in Estonia—before eventually arriving in Russia.  Yermolenko and Brayman also helped Livshits set up and manage dozens of shell companies and corresponding bank accounts throughout the U.S. that were used in the scheme.

Konoshchenok—a self identified “Colonel” in the FSB—would ship or physically smuggle U.S.-origin items from Estonia to Russia, including dual-use electronics, military-grade tactical ammunition and other export-controlled items.  As alleged in the indictment, on October 27, 2022, Konoshchenok was stopped at the Estonian border with 35 different types of semiconductors and other electronic components ordered by Livshits, as well as thousands of U.S.-made 6.5mm bullets, which are used in military sniper rifles.  On November 24, 2022, Konoshchenok was again stopped attempting to cross into Russia with approximately twenty cases containing thousands of U.S.-origin bullets, including tactical rounds and .338 military sniper rounds.  Konoshchenok discussed “fabricating” business records with Livshits to conceal the ammunition shipments, on one occasion describing them as “auto parts.”  Incident to Konoshchenok’s arrest, Estonian authorities searched a warehouse used by Konoshchenok and recovered approximately 375 pounds worth of ammunition.  

If convicted, the defendants face a maximum of 30 years’ imprisonment.  The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.

The government’s case is being handled by the Office’s National Security and Cybercrime Section.  Assistant United States Attorney Artie McConnell and Craig Heeren are in charge of the prosecution, along with Trial Attorney Scott A. Claffee of the National Security Division’s Counterintelligence and Export Control Section, with assistance from Litigation Analyst Ben Richmond.  The United States thanks the Estonian Internal Security Service and the Prosecutor’s Office for their valuable support.