Defense of Russian Klyushin found errors and omissions in written testimony of FBI agent Kang
WASHINGTON, September 23 – RIA Novosti. A defense representative told RIA Novosti that the defense of Russian Vladislav Klyushin, accused of economic crimes in the US, found errors in the testimony of an FBI agent and filed a petition to have the insider trading charge set aside.
“Vladislav Klyushin’s defense is holding a hearing on errors and omissions in the affidavit of FBI Special Agent Kang, which was used to obtain a search warrant to access Klyushin’s electronic data, and insists that insider trading be excluded from the charge,” the agency’s source said. .
Relevant petitions were filed in a federal court in Massachusetts by the Russian businessman’s lawyers.
According to the defense, FBI special agent BJ Kang unreasonably received a warrant for Klyushin based solely on the possible similarity of the proceedings of another defendant in the case.
“The fact of parallel trading in securities in no way allows us to argue that Klyushin could be involved in insider trading based on the fact that a position (shares of a company. – Ed.) was allegedly simultaneously traded. This accusation is not supported by any other evidence and analytical data reflected in the affidavit that FBI special agent BJ Kang submitted to the judge to obtain a search warrant for Vladislav Klyushin’s electronic devices and personal accounts.”
According to him, the FBI agent did not have enough evidence to request access to all the data in Klyushin’s iCloud and Google accounts, but only used a large number of assumptions. The defense also cited Kang’s earlier high-profile U.S. v. He stated that he was caught misrepresenting facts and evidence in the Rajaratnam case.
The move to drop the insider trading charge against Klyushin could set a high-profile court precedent. According to the lawyers’ arguments, the Russians can only be accused of allegedly “hacking” corporate networks, but not of insider trading in securities. A positive decision on this petition could set a precedent for the state of Massachusetts, which would inevitably lead to changes in the law and put the judge’s name in the state’s judicial history.
The next motion review meeting will be held on 31 October and the preliminary main hearing will be held on 5 January 2023. The process itself will take place on January 30 in the form of a final meeting with the participation of the jury.
The owner of the M 13 company, Vladislav Klyushin, was arrested in Switzerland on March 21, 2021, at the request of the US authorities. In the United States, he is accused of economic crimes related to the trading of securities of leading American companies on stock exchanges. In December 2021, despite protests from the defense, Klyushin was extradited to the United States.
The Russian does not recognize the charges against him, remains in detention pending trial, was denied bail.