In spite the fact that sentence regarding this case, lasting already a
whole year, has not been pronounced. One of the defendants that was
suspected in organization summer ddos-attack on the Russian payment
"Assist" system in 2010 is arrested again for another 6 months. On June
5th, 2013 in the courtroom located in the northeast of the capital, in
Tushino, Russian financier, Pavel Vrublevsky, was taken into custody.
The consent given by Judge Natalia Lunina to satisfy the petition of the
prosecutor Sergey Kotov, who asked to change a sanction such as
recognizance not to leave to arrest, indicates that the state accuser is
planning to bring the case to a home straight.
The defendant is arrested again despite that there was no judgment delivered after a year of court hearings.
Is the case of Russian financier Pavel Vrublevsky reaching a finish line?
Psychological warning or a sign of coming conviction?
For such unexpected turn in the case of Vrublevsky, Permyakov and
brothers Artimovich little was done. Witness form the prosecution side
Nikita Yevseyev claimed that Vrublevsky, who called him by mobile
telephone on April 29th and 30th, was trying to bribe and frighten him;
as a result, prosecutor Kotov requested an arrest of the suspect.
Absence of any convincing evidence regarding the fact that Vrublevsky
tried to affect the witness, were ignored by both the prosecutor, and
the judge.
Background
According to the investigation, Vrublevsky acted as initiator of the
ddos-attack, having passed its technical implementation to the former
employee of FSB, Maxim Permyakov, and programmers Dmitry and Igor
Artimovich. The motive of the ddos-attack by Vrublevsky according to
judicial scrutiny was an attempt to expose the competing company
"Assist", by showing its vulnerability and inability to protect business
partners from cyberattacks. From July 15th to July 24th , 2010 during
the summer when the capital was literally filled with smoke because of
the fires on peat bogs near Moscow, ddos-attack paralyzed "Assist’s"
business operation. That time "Assist" was one of the companies provided
electronic payments for the largest Russian airline "Aeroflot", whose
controlling stake belongs to the state. Representatives from “Assist”
declared that the damage caused to the company equaled 15 million rubles
(about $500.000). But "Aeroflot" estimated that the losses (more
precisely missed profit) reached the amount of 146 million rubles (a
little less than 5 million dollars).
The version of the public prosecution side would look more convincing
if there were proofs that "Aeroflot" plans to continue business
cooperation with "Asisst". Actually, in July 2010 when "Aeroflot" held
tender regarding the choice of payment decisions, the "Assist" was not
among the competing contestants. As "Aeroflot" expected to choose a
provider of payment services which could offer the unified scheme
(processing) valid for all its management departments and structural
divisions, the probability that "Assist" could keep the contract without
participating in this tender is extreme small.
On the contrary, “Chronopay” participated in the tender, and it’s
impossible that its employees did not know that "Assist" was absent
among participants.
One year passed. Vrublevsky had an opportunity to leave the country
for holidays and never come back to Russia, but he behaved as if he did
not realize an approaching danger. In July 2011, when he and his
family, wife and three juvenile children, were coming back from Maldives
Islands, he was arrested in the Sheremetyevo airport located to the
north of Moscow.
Suspected of technical realization of a hacker attack programmer Igor
Artimovich was released after two months in custody, but, at first, he
received a doubtful pleasure of physical influence that is commonly used
by Russian investigatory bodies. This young man in his thirties does
not make an impression of the person with the athletic build and,
moreover, does not look ready to bear physical pressure. Medical report
attached to case files that was made by doctor Fedorov in the city
station of medical aid located in Petersburg, in the presence of two
witnesses, proves that the physical pressure was implemented. According
to his experience, it’s clear that it is not required to be the lawyer
Magnitsky that authorities allow to apply physical force towards
suspect. On June, 9th 2011, after conducting medical examination in
office №6 of Petersburg and Leningrad Regional Department of FSB, Dr.
Feodorov estimated that Artimovich had «bruised head in
parietal-temporal area and scratches in his forearms [1]».
By the autumn 2010 everyone had confessed (it should be noticed that
in March 2012 Igor Artimovich refused statements giver earlier).
According to the Russian standards, existence of these statements was
enough to identify suspects and consider the case proven; therefore, the
court would pronounce a fair sentence.
However, as hearings began in May 2011 it became clear that evidences
from the prosecution side had essential shortcomings and
contradictions, as well as, forensics were far from ideal; as a result,
proceeding already lasts whole year.
Journalists who are following the developments on the case, can find
different explanations to numerous contradictions and falsifications in
this case, however, to neglect their presence would mean to simplify the
occurred situation.
What did FSB declassified?
[[1] Case №678324, volume 2 page 140, 141.]
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The main dispute between lawyers and
public prosecution was declassification of the materials on special
investigation activities, made in May 2011. Defense noticed that
numbering for the declassified FSB documents that appeared during
investigatory process do not coincide with their initial record numbers.
Numbers under which documents appeared in the resolution of
declassification did not coincide with their numbers in the resolution
on their submission to the investigation, and in some cases - with the
numbers under which documents have been attached to the case materials
[2].
So, for example, the inquiry №147/ОU/2-2063 was transformed to the
document №147/ОU/2-1500; №147/ОU/2-2317 - it was also found under
№147/ОU/2-1503, №147/ОU/2-1502; the inquiry №147/ОU/2/2164, concerning
electronic e-wallet owned by one of the suspects, was stated as inquiry
№147/ОU/2-1504 in one of the resolutions.
Lawyers have counted in total 10 discrepancies like that and «has
drawn a conclusion that the materials appeared in Russian Investigatory
Department of FSB that was attached to the materials of criminal case
are OTHER documents, than those that have been declassified; therefore,
those that have been declassified are absent in case materials» [3].
Under the lawyers' statement, the documents passed to the investigators
by special investigative unit, «were not declassified in compliance with
respect to the order established by the law; also there are no data on a
source that originated and presented this information, dates of
reception are also unknown».
Assuming that these documents are declassified with violation of
declassification rules, in January 2013 lawyers asked authorization to
exclude these 10 inquiries from the criminal case [4] connected to
special investigation activities towards suspects. Lawyers asked to
exclude these documents from the evidence material as it «was received
with violation of criminal procedure legislation».
The main argument of lawyer Ajvar was that the decision from May
12th, 2011 regarding declassification of the materials from special
investigation activities and the judgment made by the Moscow State Court
on September 30th, 2010 regarding operational procedures «declassified
and presented material to the Investigation Department of FSB with
essential violations of the CPC RF: as the documents contained the state
secret, [they] could not be declassified by the head of the unit which
is carrying out special investigation activities». At the same time
article №13 «concerning the state secret» allows to declassify the
resolution made by judge only on the basis of the judicial decision.
Lawyers also were concerned regarding how the dates were put down.
Instead of the figure specifying a calendar year that the document
should be dated, composers of inquiries wrote «present year» that
complicates to define when the inquiries have been actually made.
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2 Case №678324, volume 7, pages 275, 276, 277.
3 Ibid, pages 276.
4 Case №678324, volume 7, pages 323-reverse, 324.
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Judging by the fact that public prosecutor has
asked court to make a pause in hearings to find out the reasons of these
divergences, what led to the judicial session to be postponed for 3
weeks, this contradictions were unexpected for the state accuser. This
fact indicates that prosecutor probably did not pay much attention for
such detail while studying evidences.
The way the crime investigators dealt with classified documents
can be named illegal and has created almost comical situation. The
screenshot that shows the access to the Topol-Mejler control panel
appeared to be a part of confidential evidences - the inquiry
№147/ОU/2-1501 from May 12th , 2011. At the same time before this
inquiry was officially declassification, the same screenshot was
published by journalist, Brian Krebs[5].
The public prosecutor requested an explanation from FSB. In the
official document dated 1/24/2013 №147/ОU/2-222 given by the deputy
chief of the Operations Control Center of Information Security of the
FSB, col. Zhestkov, stated that «after declassification of the materials
of special investigation activities those documents were assigned with
different serial number in respect to the original numbering of (before
confidential) documents» [6]. This document even had not been sealed
with a stamp.
It's unclear what happened with the initial numbers (confidential
numbers). The lawyers themselves did not see the original documentation
on the basis of which the declassified certificates have been made.
Meanwhile, the Russian legislation allows court to consider results of
the special investigation activities (such as, records of conversations
and the data obtained from communication channels) as evidence, but not
the documentation made on a basis of these evidences.
Nevertheless, judge Lunina agreed with an argument of the public
prosecutor, having rejected the lawyers' petition to exclude 10
inquiries from the case materials.
Falsification of evidence
Lawyers also detected falsification of investigatory documents. They
managed to find out that first chief deputy of Operations Control Center
of Information Security of the FSB, Lutikov backdated the letter
№ОU/2/389/1-49 made on September 8, 2010 [7], in order to give
«visibility of legitimacy for the actions conducted by employees of FSB
RF and obtaining information on CD №5109№09250046318. Together with the
letter, Lutikov was meant to send to the CEO «Information Security
Group» LLC this CD.
From 10th till 27th of September 2010 a group
was engaged in the scrutiny of the CD. These dates were specified in the
conclusive statement written by the employee of the Group [8]. However,
the Moscow State Court has authorized to carry out special
investigation activities allegedly to obtain this CD, only on September,
30th [9] 2010 (authorization №ОРМ 558k/s/2010.
It seems to be that the CD has been received without the official
sanction of court, and employee of Information Security Center FSB,
Lutikov, backdated the document as on September 8, 2010 he could not be
aware that on September 30th, in 3 weeks time, the Moscow State Court
will authorize the decision to carry out special investigation
activities. Hence, if this document was made, ostensibly, on 8th of
September Lutikov precisely specified number of the statement that was
authorized by the Court on 30th of September. This letter dated 8th of
September was written after 30th of September and the date has been
specified intentionally incorrect to give visibility of legality to
actions of inspectors.
This trick has allowed inspectors to legalize illegally “the evidence
material”, the CD №5101№09250046318 (originally numbered differently),
therefore, permitted to be taken as a basis for the charges.
When lawyers found out about this falsification, on 5/13/2013 they
addressed the powerful Investigatory Committee with the request to check
thoroughly the circumstances of the case.
Debates around the examination conducted by the employee of Kaspersky Laboratory
One of the most significant document among other evidences is
examination of the files which had been withdrawn from one of the
confiscated laptops belonged to one of the accused. This expertise was
conducted by Grigory Anufriev - the young expert of the well-known
Kaspersky Laboratory that is engaged in manufacture of anti-virus
programs [10].
Expert from KL came to a conclusion that initial codes obtained from
the laptop of the accused include all program functions that presumably
attacked the server of the "Assist".
However, lawyers doubted regarding the choice of the Laboratory as
expert authority. The defense claimed that the Laboratory can be
considered as privy due to the fact that KL cooperated with the
"Assist", therefore, it’s possible that judgment could be affected by
personal interest. Also Kaspersky Laboratory is commercial entity; as a
result, its neutrality could be affected by commercial interests. The
public prosecutor, as well as judge Lunina had disagreed with this point
of view, and examination remained in the case files. Though, the public
prosecutor explained that Anufriev has participated as expert like
private individual, the text of the examination had been assigned with
Laboratory stamp.
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8 Case №678324, volume 1, pages 52-61.
9 Case №678324, volume1, page 103.
10 In Spring 2012 KL announced that company profit for the last 5
years reached 864% in European, Middle Eastern and African countries
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Lawyers were surprised that examination, in their opinion, was short,
and there was no interim results or/and calculations attached. Without
any exaggeration considering a huge volume of the data which expert was
forced to analyze, such as, laconism, as well as, his statement that
certain calculations he could reckon in his mind, looked appropriate for
private discussion, rather for judicial hearings.
Independent experts approached by lawyers with the request to analyze
Laboratory's expertise, found shortcomings unlike the public
prosecutor.
The Russian legislation demands that expert must specify a technique
used to conduct research or examination. This requirement allows other
experts to check the results of expertise by reproducing experiment.
Grigory Anufriev did not specify the technique he used, as well as,
special references where the methods of similar examinations would be
developed and presented.
In particular expert Igor Yurin, a head [11] of so-called «The
National Centre for the fight against crimes in the sphere of high
technologies» acted in court as a guest expert, insisted on methodical
discrepancy between examination of Kaspersky Laboratory and the task
which had been set by inspectors. He stated that no expertise can prove
injuriousness of any Software as court is the only authority that
entitled to do so, and that there are no techniques of research
regarding binary vand initial code of the programs based on reading the
Bible and disassembly in mind.
In the courtroom expert Yurin has complained that during
familiarization with Anufriev's examination he was not sure whether this
file somehow had been investigated. Though, Anufriev also had mentioned
that the file was detected by Kaspersky's antivirus, he did not specify
the file codes, also nothing was said in regard to the presence or
absence of overlay hinged protection. According to Yurin, the
examination made in Laboratory did not display any code sections or any
functional or other identifying signs.
Speaking in court, Yurin has compared the conclusions from the
Anufriev’s examination and the document made for the investigators by
GroupIB and found contradiction. Judging by hash, appeared in the
document of experts from GroupIB, the investigated object called
dropper: the variation of a program which itself does not pose any
special destructive functions (such programs extract other file, place
them on a hard drive, register file in the system, and, at last, start
files. This is the only what dropper is capable of).
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11 This structure is not a state unit, therefore, phrase
“National Center” should not be taken as this center is a part of
executive branch.
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There are also other remarks regarding examination of Grigory Anufriev that have been noticed by expert Yurin in courtroom:
- Experts from Group IB, were specifying the value of hash while
showing the exact data object (script - X) that was examined. To
compare, Anufriev's examination did not mention neither hash, file size,
nor the information on last access to an investigated file.
- The expert of Laboratory had admitted confusion, having specified
that he used disassemble IdaPro 6.0 released “Datarescue”. It's
important to notice that version 6.0. had been released by another
company.
- Whoever released program 6.0., this program does not allow to
recreate precisely the initial text of the program using high level
language, but allows to obtain only a certain text in assembler
language, except some primal case when the program consists of several
lines, consequently, it is possible to obtain version close to the
original. The reasons is that during compilation the names of variables,
constants, functions are lost, at the same time some instructions are
replaced by similar ones for optimization, that is to say the program
obtains significant changes.
As for the public prosecutor, the judge and the lawyers who are not
quite familiar with programming and are not experts in this field of
high technologies, such details, certainly were difficult enough to
examine. There is a risk that the court taking into account examinations
and experts' statements will draw the conclusions based not so much on
mathematical accuracy but on intuition and general impressions.
Nevertheless, one of the comments from expert Yurin presented in the
courtroom had to be understood identically by everyone: expert who
analyses the results, can be tempted to make definitive conclusions,
though, it is known that «even if he/she is well qualified in this
programming language, it does not mean that he/she can properly
understand and identify the initial code of the program written in the
same language. It is especially relevant to the projects where
considerable quantity of experts participated. There is a possibility
that in such cases the developer can be confused in understanding what
is going on in the program».
Hearings in 2011:
The judge refuses to consider case because of a poor quality of
indictment, but the highest authority court cancels this decision.
The first attempt to carry out hearing was unsuccessful, then on
6/13/2012 judge Olga Alnykina satisfied the petition of the lawyer,
Lyudmila Ajvar [12], and has decided criminal case
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12 Ludmila Ayvar together with her husband, lawyer Irog Trunov lead
Assosiation Bar “Trunov, Ayvar and partners». Trunov is famous for
representing interests of clients who were held as a hostage by the
terrorists in the theater hall during musical “Nord-Ost”, then clients
suffered from gas poison used by security force, which did not only
provoked severe poisoning but also left some people chronically ill,
even provoked death of 130 people (information according the state
authorities) and 174 people (according to the NGO "Nord-Ost", bringing
together victims and their relatives)
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«to be returned to General Attorney of the
Russian Federation [13] in order to eliminate the obstacles that prevent
the following legal investigation» and «to oblige the General Attorney
of the Russian Federation to eliminate violations». The judge justified
her decision as follow: «indictment does not have significant foundation
for the accusation: the ambiguity of primary attributes of law edition
on the basis of which the charges were laid. The above-stated
circumstances display the presence of obstacles / …/, that exclude
possibility for the court to reach legitimate and justified verdict or
reach other decision on the basis of the drawn conclusion» [14].
As judge Alnykina explained, «the bill of particulars does not meet
the requirements of paragraph 5 of Part 1 of Art. 220 Code of Criminal
Procedure RF»: instead of revealing the evidence and to clarify its
indication, investigation unit «discloses [only] the list of evidence».
The judge has rejected the indictment not only because it did not
correspond to the requirements of the Criminal Procedure Code of Russia
but also because inspectors accusing all four suspects «in committing a
crime under Part 2 of Art. 272 of the Criminal Code and Part 3. 33 [and]
Part 1 of Art. 273 of the Criminal Code of the Russian Federation "»,
have referred, for some inexplicable reason, to the Russian federal law
№28-FЗ from the March 8th, 2011, devoted to agreement ratification
between the former Soviet Republics of Azerbaijans, Kirghizia, Russia,
Tajikistan, Turkmenia and Uzbekistan «which is dedicated to creation of
the Central-Asian regional information coordination centre against
illegal circulation of narcotics, psychotropic substances and their
precursors». Having found inappropriate reference, judge Alnykina has
specified that it «does not regulate changes in criminal and
criminal-procedure legislation» in Russia.
Public prosecutor Kotov was trying to convince the judge to disagree
with the lawyers' request, claiming that due to "technical error" charge
had been brought in improper edition of the law №28-FЗ from March 7th,
2011, but his arguments had been rejected. Further the public prosecutor
repeatedly explained [16] various contradictions in investigatory
documents as «technical errors» and «the human factor». However, these
explanations compel to ask a question: what kind of challenges the court
faced with: with a systemic defect and shortcomings of the Russian
public prosecutor body that presumes that numerous errors regarding
evidences do not disturb a judicial legal investigation, or with
low-qualified young inspectors of the Investigatory Department of FSB.
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13 Abbreviation «RF» instead of “Russian Federation” is used in Russia to simplify the grammar
14 Quote from case №678324, volume 7, pages 47.
15 CCP – abbreviation for «Code of Criminal Procedure».
16 Ibid, page 46.
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Nevertheless, the Judicial Board on criminal
cases of the Moscow State Court, where the public prosecutor addressed
his protest, cancelled the decision of judge Alnykinoj and returned the
case in Tushinsky Court to carry out preliminary hearings [17].
Because the Russian judicial system cannot be considered independent
by the European standards, the higher the judicial hierarchy the more
dependent position. And if the district court decision can be sometimes
unpredictable for the authorities and the public, it’s unlikely to
expect surprises from courts of higher instances. And the decision which
has been reached by the Moscow State Court in August, 2012 on the given
case confirms the rule.
The short chronicle of judicial hearings for the first half of the year 2013
The aim for the hearings that took place on May 29 and June 5 was to
reach the decision whether the punishment for Vrublevsky will be
changed. The integrated witnesses, signatures authenticity of whom were
disputed by expert-graphologist, became more intense for last months. At
the same time, litigation had new unexpected turn in its development,
thanks to a number of expert evaluations that had been announced from
March till May, as well as to certificates of the interrogated experts.
During the trials held between Aeroflot and bank VTB 24 that carried out
financial transactions the distribution of forces began to change. In
the first half of the year the court perceived the financial damage
proclaimed by “Aeroflot”, according to the company, as a result of
ddos-attack at the beginning of April when Aeroflot could not appeal
against judicial decision passed by The Moscow Arbitration Court
according to which the airline claim towards VTB24 was rejected, as a
result, the charges against Vrublevsky and brothers Artimovich could be
questioned. Even if VTB gained a political support, the fact that
lawyers of “Aeroflot” could not prove a presence of a financial damage,
cause the doubts regarding whether Vrublevsky is guilty in respect with
paragraph 2 of Art. 272 CC that assumes obligatory presence of a
considerable material of the (financial) damage.
Despite that the court turns a blind eye on new amendments in the
Article 272 CC and left accusation based on old (non-operational version
of article of the Criminal Code) as relevant, lawyers still have an
opportunity to achieve a charge to be requalified.
The defense that invited a several experts, whose arguments showed
all ambiguity of the charges pressed against Vrublevsky and discrepancy
of all examinations and expertise collected by investigation department,
was convincing enough.
17 Case №678324, volume 7, page 79.
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In March the CEO of the "The National Centre
against crimes in the sphere of high technologies" PLC, Igor Yurin,
questioned methodical correctness of the examination conducted by the
expert of «Kaspersky Laboratory» LLC, Grigory Anufriev, regarding the
analysis of the information collected from the suspect's laptop and
disks.
Later executive director of Consulting Group "Aspect", Anton Genkin,
who was an expert back in 2010 invited by the company "Aeroflot" to
conduct a tender in order to choose payment decisions system, had doubts
whether “Aeroflot” was planning to continue business relations with the
payment system "Assist". He mentioned that "Assist" did not take part
in the tender conducted by “Aeroflot”, thus, the statement of the
prosecution that Vrublevsky could organize ddos-attack to show weakness
of the security system of competitors, therefore, to compromise them, is
groundless.
Back in April Leonid Raev, an expert-graphologist, who graduated from
the faculty of criminology of the Volgograd Higher Investigatory School
of the Ministry of Internal Affairs, testified in court. Having made a
reservation that he had opportunity to familiarize only with digital
images and photocopies of investigatory reports and not with originals,
he could not use the special techniques to investigate documents. Raev
pointed out for the court numerous different interpretations in
signatures of the same individuals. As a result, he stated that in some
cases signatures have been put not by the individuals on whose behalf
the document was signed.
Compromised selection of witnesses and falsification of signatures as a basis for the bill of particulars
On 5th of June graphologist, Raeva, testified one more time. During
May he made a detailed analysis of the new samples of the signatures
collected by lawyers what became additional argument that demonstrated
the falsification of the signatures from investigatory reports. This
expert estimation added persuasiveness to the statement made on 29th of
May where witness, Anastasia Kurochkina, argued that her signatures
contained in several investigatory reports, have been forged, and that
she has never participated in any investigatory actions neither on the
case of ddos-attack, nor on other criminal cases.
Having noticed that signatures from the reports had a feature of
slowness regarding their execution, in contrast, with mechanicalness,
that is distinguishing feature as individual put his\her, though the
years developed, signature. Raev ascertained essential distinctions
between the samples of signatures from investigatory reports and other
documents (in particular, in the judicial summons and examination
sheet). In order to draw a certain conclusion, it is necessary to
receive from inspector Dadinskij a list of signatures that were made on
behalf of those individuals whose signatures were falsified by
Dadinskij. Meanwhile, it can be assumed that all autographs belong to
one person as they have common features, such as a wavy side of the
endings and a triangular stroke with the termination located on the
left.
18 Igor Feldman represents the interests of Dmitiry Artimovich and is
the youngest among the lawyers that were chosen by the defendants.
Except Feldman Ayvar, Zaitsev and Korneev who is defending the fourth
suspect Maxim Permiakov, there are also state lawyers involved.
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In the interview made by lawyer, Igor Feldman
[18], on 29th of May, witness Yevseyev states that he can have an
infinite number of signatures. The expert, without suspecting that
quotation was literally reproduced in the courtroom, had ironically
noticed that it indicates mental disorders of the individual.
Assuming that the person can possess an infallible memory, Raev has
noticed that his arguments is possible to check, having asked «to
examine around five» signatures. Reluctance of Yevseyev and Tisljuka
and the inspector Dadinsky to provide the samples of the signatures,
convinced graphologist that he is right regarded, as «plus to [the
expert] conclusion», confirming, «that the expert is right».
Extremely ambiguously, considering that graphologist has found
resemblance between handwritings that allegedly belong to the witnesses
and handwriting of the inspector, on 5th of May inspector Sergey
Dadinsky stated that in Russia «the witness institute is badly
developed», that «people are afraid to go somewhere and participate in
something»; «it is difficult to find individual who will be willing to
spend with you as much time is needed», [preparing investigatory
reports].
For now graphologist's estimations and some witnesses' testimonies
suggest that the participation of Nikita Yevseyev as a witness who also
with according to the religious canons is a relative to the inspector,
is not accident. It allowed the inspector Dadinsky to issue many reports
as ostensibly assured by Yevseyev, and then during private conversation
to advise to write a petition which authenticity can be questioned.
On 29th of June public prosecutor Kotov has referred to Yevseyev's
statements and petitions where he claimed that on 29th and 30th of April
Vrublevsky ostensibly tried to bribe him and threatened him during the
telephone conversations. These unsubstantial statements, perhaps, would
sound plausibly but the defense offered a number of proofs showed that
Yevseyev mislead the court while testifying on 29th of May.
It is important to notice that his statement contradictes with a
number of statements made by the witness Anastasiia Kurochkina and the
inspector Dadinsky who appeared in court on 5th of May as a witness.
Yevseyev denied any contacts with inspector of The Investigation
Department of the FSB that would not be relevant to the investigation
process but Dadinsky described their relationship as friendly
relationship, though he did deny any relations, for example, based on
religious practices or ceremonies.
Meanwhile, lawyer Pavel Zajtsev [19] also provide the court with
documents to be put with the case materials, such as the letter, from
5/30/2013, made by the archpriest of the Epiphany Cathedral, Alexander
Ageykin, confirming that the inspector Dadinsky became a godfather of
Nikita Yevseyev's son. Earlier on 29th of May, Yevseyev himself stated
he is devout Muslim.
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19 Lawyer Pavel Zaitsev is a former investigator. Now he is a member
of Moscow Board of Lawyers “MOVE” and is an expert of Council for Civil
Society Institutions and Human Rights under the President of the Russian
Federation, he is also a member of the presidium of the National
Anticorruption Committee. Zaitsev is known, in particular, for his
participation in the investigation regarding the smuggling of Italian
furniture in 1999-2000. According to the Customs Committee, the state
did not received about 8 million dollars. Zaitsev was the one who
established involvement in the smuggling operations of some employees of
the central apparatus of the FSB.
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Did inspector forge the signature of his girlfriend?
More dramatic episode, than Vrublevsky's arrest, was the statement
made by witness Kurochkina and stenographic expertise provided by lawyer
Ajvar deciphered from audio record with conversation that was recorded
between Dadinsky and Kurochkinoj on 20th of May. These citations
indicate that the inspector tried to mislead the witness with regards to
the accusations towards Vrublevsky, brothers Artimovich and Permjakov.
Dadinsky asserted that the charges he pressed against suspects were
connected with drug traffic, apologizing that he didn't let her know and
put himself signature on her behalf. Nevertheless, the inspector
considered admissible to ask Kurochkina to make a statement in which she
would recognize these false signatures as her own, then he suggested
not to appear in court on 29th of May claiming arrangement with the
judge and the public prosecutor already have been reached.
After these remarks were quoted in court Dadinsky did not made any statements denying the accuracy of the quotes.
It can be noticed that the behavior of 29-year-old Anastas Kurochkin
was more courageous compare to the behavior of inspector Dadinsky, and
other witnesses: Yevseyev and Tisljuka. She was the only one
interrogated on 29th of May and on 5th of June who agreed to give to
court the sample of her signature. Also unlike Dadinsky, she was tactful
towards her former close friend and did not give any personal
assessments about him. This courageous behavior is corresponds more to
officer ethics, rather than negation, by the inspector, of the facts
which have proved to be true in court.
Vrublevsky already was in custody, when Kurochkina has informed court
that she received strange calls, also, including calls from detective
agency. Unknown individuals called also to her work, asking, whether she
has "office romances". Someone also called to her mother, assuring her
that her daughter is blackmailer. As a result of such pressure, the
witness has made decision to resign.
It is still unclear if Investigatory Committee and FSB undertook any
actions regarding the request made by Kurochkina on 30th of May asking
to give her the state protection and to clarify the circumstances of
occurred false signatures made on her behalf.
Themis blinded in both eyes?
The Vrublevsky arrest occurred on 5th of June in a hall of Tushinsky
District Court of Moscow became possible substantially because
prosecutor Kotov ignored obvious infringement by the inspector Dadinsky
at selection of witnesses paragraph 2.2 Article 60 CPC, forbidding all
kind of relatives to participate in the role of witnesses in the
criminal proceedings during lawsuit.
As judge Lunin clarified her decision to change restrictive measure
by arguing that «there is no grounds to doubt Yevseyev's statements»,
and that they «are objective and there are solid ground for
imprisonment», the whole complex of contradictions and the absurdities
containing in certificates of Yevseyev, provoked lawyers openly to
declare to the court a presence of convincing evidence that not only
Yevseyev, but also the inspector Dadinsky in some cases committed
perjury. Lawyers Lyudmila Ajvar, Pavel Zajtsev and Igor Feldman did not
hide the intention to get authorization to obtain the materials in order
to prove that inspector Dadinsky violated the law, as well as, to build
a separate criminal case against the witness on a basis of committing
perjury.
In first half of hearings while Vrublevsky has not been arrested yet,
lawyers had presented to court the texts, assured by notary Afanaseva,
that were obtained from two mobile phones owned by Vrublevsky showing
sms-massage exchange between defendant and witness Yevseyev who
testified earlier. According to lawyer Ajvar, calm tone of these
messages does not give any grounds to believe that Vrublevsky resorted
to any threats.
Vrublevsky's arrest: false associations with Chronopay
For judge Natalia Lunina two incomplete days of hearings were enough
that on 5th of June to make the decision on, whether to satisfy the
petition of public prosecutor, Sergey Kotova, who asked on 29th of May
to change punishment to Russian financier, Pavel Vrublevsky, from
recognizance not to leave on 6-month's arrest.
The press covering this news, positioned Vrublevsky as owner of
payment system company "Chronopay". Actually, the company has co-owners,
though, Vrublevsky founded the company back in 2003, within last two
years he has completely departed from company affairs. At the time of
last arrest Vrublevsky did not hold a position of CEO in "Chronopay" and
did not participate in any activities on behalf of the company. His
full attention was directed to created in 2012 fund RNP.
The first attempt to attain freedom
On 6th of June it was the first hearing that arrested a day earlier Vrublevsky watched from behind bars.
The defense found the punishment unreasonably strict, as a result,
lawyers files a petition to change the sentence from 6-months
imprisonment to house arrest where his movements and possibility to use
communication facilities would be limited.
Representing Pavel Vrublevsky's interests the defender Lyudmila Ajvar
mentioned that witness' statements on which basis the financier was
taken into custody were based substantially on guesses and assumptions
and, consequently, cannot have legal validity according to the current
legislation.
Public prosecutor Kotov traditionally objecting the petitions of the
defense finished debates with the exclamation: «Are we waiting until he
will organize liquidation of the witness?!» Considering the fact that
witness Yevseyev who on 30th of April asked court to grant state witness
protection because he found in the remarks of Vrublevsky reasons to be
afraid for his safety, still did not receive state protection.
Therefore, prosecutor’s observation regarding organization someone's
"liquidation" looks rather comical and hardly convincing.
Nevertheless, judge Lunina has agreed with the public prosecutor
that another measure of punishment (not connected with imprisonment)
will not provide unobstructed judicial process and upheld the decision
passed the day before on arrest of Vrublevsky.
From expertise that lawyers were planning to adduce by filing the
petition on 6th of June, but the judge agreed to attach to the case
materials only one, the expertise made by expert-graphologist, Raev.
According to Lunina, even that graphologist testified 1.5 months
earlier, he was so detailed by telling the court about the studied
signatures that his observations represent obvious interest for the
lawsuit.
Written by experts of NO «The Commonwealth of experts of the Moscow
State Law Academy of the Kutafin» Gleb Shamaev and Anastasiia
Semikalenova review regarding the examination of Kaspersky Laboratory,
Grigory Anufrievs, judge Lunina has refused to attach to the case
materials, having referred that the necessary "aspects" on this question
have been considered by her earlier, and she does not see a necessity
to use this review.
In second half of the hearing 6th of June lawyers and figurants of
the case in the presence of the invited experts to scrutinize some
electronic storages attached to evidences of the case, however that they
did not have some technical devices necessary to conduct procedure
methodically correct. Continuation will take place on Friday at 12:00.
Beforehand the defense expressed concern towards the invited
candidate - employee of Laboratory Kaspersky, Grigory Anufriev - as an
independent expert. Main objection for lawyers was the fact that
Anufriev might be interested in acknowledgement made by him before as
an expect, that he has interest to prove his previous statement made in
court earlier insisting that all defendants are guilty. However, the
public prosecutor managed to convince court that Anufriev will exercise
only additional role: only «promoting realization of technical action».
Participation simultaneously of two experts in acquaintance with
contents of electronic devices was caused by the agreement taken in
previous sessions between defense and prosecution to use one expert from
each party to make sure that of the parties could affect the result in
accordance with their interest.
Lawyer Ajvar, knowing possible objections that could be announced by
the state accuser while attempting to remove the expert that could be
seen as expert from the prosecutor's side, has opposed the other
invited candidate, CEO of company "Chronopay" with the higher technical
education Alexey Kovyrshin. When public prosecutor Kotov claimed that
Kovyrshin can be seen as expert employed by Vrublevsky, company founder
explained to the state accuser that Kovyrshin is the CEO and does not
depend on shareholders such as Vrublevsky.
On 7th (?) of June lawyer Ajvar has submitted to the Moscow State
Court the appeal on arrest of Vrublevsky. This appeal will be considered
within 10 days.
The virus program has been written down on a DVD-disk when he was present at expertise in Group-IB.
During hearings on 10th of June lawyers managed to receive
convincing information that the virus program blocked the payment
system, according to the investigation, written down on a DVD-disk
considered by court, as basic proof against programmer, Dmitry
Artimovich, on September 22nd, 2010 when the disk, according to
evidences, was at Group-IB - as they say on the website, «one of the
leading international companies on prevention and investigation of
cybercrimes and fraud using high technologies» where it have been sent
for research from Investigatory Department of FSB.
The expert of Kaspersky Laboratory, Grigory Anufriev, invited by
prosecution, and expert Alexander Andriishin who works as programming
engineer in "Information Innovation Company" LLC, invited by the
defense, on termination of detailed examination of electronic devices
(two laptops and a DVD-disk) testifying have solidary confirmed that the
program has been created on 17th of September, and written down on a
DVD-disk 5 days later, on September, 22nd, 2010. This information can
affect a court course as on this disk, according to the state accuser,
the virus program is written down.
Earlier state accuser asserted that this virus was obtained during
special investigative activities from technical communication channels
used by programmer Dmitry Artimovich up to August 11th, 2010. However,
after lawyers with the assistance of the invited experts established
that the virus program had been created on 17th of September, and then
written down on a disk on 22nd of September 2010 - more than in a month
after it has been ostensibly extracted by inspectors during special
investigative activities, previously declared version of vents from side
of investigation appears to be unpersuasive.
The answers which were given by both experts differed only in regard
with phraseology, but not sense. So Grigory Anufriev, carefully
selecting each word, explained that on 17th of September the program has
been assembled in an executed file from initial texts. PETools program
shows date of compilation of a virus file - 17th September. Alexander
Andriishin in another words said that the date of 17th September is
shown as the date when the program has been created from initial files.
Certain interest was represented also by checking whether one of the
laptops obtained from Igor Artimovich have been switched on after
confiscation. Expert Anufriev and expert Andriishin have agreed that on
June 9th, 2010 before a search took place the laptop was switched off,
but there are obvious signs that next day - 10th of June, it was used.
Lawyers tried to understand, whether Artimovich somehow could program
his laptop so that it would start working automatically on next day.
Alexander Andriishin has confirmed that «it is almost improbable», but it is "theoretically possible".
Grigory Anufriev has expressed less unequivocal opinion, having
noticed that he did not experiment with the PGP-program during
examination. «If the computer has been switched off, and then someone
wanted to log in, that, I believe, the password [nevertheless] was
necessary, but, considering that I did not carry out experiment, I
cannot exclude possibility of non-standard inclusion».
The nearest judicial hearings on concerning this case are planned on
10th of June, at 13:00, and from June, 18th the judge plans to begin
interrogation of defendants. Judging by many signs, the case is reaching
its finish line.