| Charged
With Helping
Deripaska
Sanctions Bust
Bardakova
Disentitled to
Motion to
Dismiss
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
July 25 –
Oleg
Deripaska and
three others
were indicted
on September
28, 2022, for
violating the
US OFAC
sanctions
imposed on him
April 6, 2018
with regard to
Russia's
actions in
Ukraine.
On
September 29,
co-defendant
Olga Shriki,
charged with
selling a
music studio
and other
sanctions-busting
for Deripaska,
was arrested.
On
November 15,
2022, U.S.
District Court
for the
Southern
District of
New York Judge
P. Kevin
Castel held an
in-person
arraignment.
Inner City
Press went and
covered it,
with only
three other
people in the
courtroom
gallery.
A
year later in
November 2023,
with
co-defendant
Natalia
Bardakova in
Russia, she
moved to
dismiss on
venue and
other grounds.
On
December 27,
the US
Attorney's
Office opposed
the motions,
saying as a
fugitive she
is
"disentitled"
to move to
dismiss, and
distinguishing
the 2d
Circuit's
decision in
Bescond who,
they say, was
"never here"
in the US,
unlike
Bardakova.
41-page filing
on Patreon here
On
July 25, 2024,
Judge Castel
denied
Bardakova's
motion to
dismiss based
on the
doctrine of
disentitlement:
"
Bardakova’s
fugitive
status means
that it is
unlikely that
any decision
rendered
against her
will be
enforced; the
“gravamen of
[her] petition
is the posture
of heads I
win, tails
you’ll never
find me.” Gao
v. Gonzales,
481 F.3d 173,
177 (2d Cir.
2007)
(internal
quotation
omitted). She
resides in
Russia, has
not submitted
to the Court’s
jurisdiction,
and an adverse
ruling would
not affect
her. Second,
she has
flouted the
judicial
process and
exhibited
disrespect for
the laws of
the United
States. She
allegedly
entered the
United States
to assist
Deripaska in
evading
lawfully
imposed
sanctions, did
in fact assist
Deripaska in
doing so, lied
to FBI Special
Agents, and
promptly
returned to
Russia once
she became
aware that her
conduct
attracted the
attention of
law
enforcement."
The
case is US v.
Deripaska, et
al., 22-cr-518
(Castel)
***
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