United States of America v. Vadim Mikerin - Original Indictment 11/12/14
United States of America v. Vadim Mikerin - Original Indictment 11/12/14
United States of America v. Vadim Mikerin - Original Indictment 11/12/14
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tAKNJAC USAO
20lJROQ.I02 NOV 12 2014
INDICTMENT
COUNT ONE
(Conspiracy to Interfere with Interstate Commerce by Extortion)
Introduction
executive branch of the United States government, was the executive agent for an agreement,
executed on or about August 31, 1992, between the United States and the Russian Federation (the
"20. Year Agreement" or "HEU Agreement") which outlined operations for the systematic
warheads into low.enriched uranium ("LEU") for civilian nuclear power generation. The
20. Year Agreement further stipulated the transportation of this "converted" LEU from Russia to
the United States for use in United States civilian nuclear reactors. This initiative was given the
("NNSA.")
Case 8:14-cr-00529-TDC Document 11 Filed 11/12/14 Page 2 of 10
2. The Russian executive agent for the HEU A/,'feement was the Ministry for Atomic
Energy ("MINATOM"), which in 2007 became the Russian State Atomic Energy Corporation
3. The commercial agent for the United States was the United States Enrichment
of ROSATOM.
Agreement"), which provided that the HEU would be converted to LEU in Russian nuclear
facilities, and then sold to USEC for transport to the United States. The first shipment of LEU
occurred in May 1995. Through 2013, a total of 475 metric tons of Russian warhead /,'fade HEU,
equivalent to 19,000 nuclear warheads, was converted in Russia to LEU and sold in the United
States for use as fuel. As much as ten percent of electricity produced in the United States was
generated from fuel obtained through the Agreement. The final shipment of LEU from Russia
6. TENEX and USEC maintained an additional contract, the Return Feed Program,
executed in 2001, wherein USEC shipped spent LEU back to Russia for re-enrichment.
located in Bethesda, Maryland. TENAM served as TENEX's official representative office in the
United States, and directly contracted with companies in the United States nuclear power industry
for the shipment of the LEU to power plants in the United States. As such, TENAM and TENEX
conducted business in and affecting interstate and international commerce in that the contracts
involved the shipment of LEU from Russia to, by, and through vendors in the United States.
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TENEX, overseeing TENEX's operations under the Agreement in the United States.
10. Beginning in or about 2010, MIKERIN became the executive director ofTENAM.
Among his duties, l\1IKERIN was responsible for managing the contracting activities between
United States based companies and TENEX, and facilitated the contractual negotiations between
11. Coconspirator One was a United States citizen and associate of MIKERIN's who
12. Corporation A was a "shell" corporation with a physical address in the United
Latvia, and was principally owned and controlled by a Russian national, Coconspirator Two.
13. Corporation B was a "shell" company with a physical address in the Republic of
Seychelles. Corporation B principally banked with a financial institution, Alfa Bank, in Cyprus,
and was principally owned and controlled by a Russian national, Coconspirator Three.
Corporation C principally banked with a financial institution, Hyposwiss Private Bank Limited, in
Switzerland.
15. Victim One was a Florida-based lobbyist and consultant that had active business
16. Between in or about 2009 through at least in or about January 2012, in the District
VADll\I E. MIKERIN,
did knowingly and willfully combine, conspire, confederate, and agree with other persons,
known and unknown to the Grand Jury, to obstruct, delay, and affect commerce and the
18, United States Code, Section 1951(b)( I), by the unlawful taking of money and other things of
value from Victim One with Victim One's consent induced by the wrongful use of force,
violence, and fear, including the fear of economic loss, involving commercial businesses that
were engaged in interstate and foreign commerce, in violation of Title 18, United States Code,
Section 1951(a).
17. It was part of the conspiracy thatMIKERIN and his co-conspirators planned to and
did extort money and other things of value from Victim One.
18. It was further part of the conspiracy thatMIKERIN and his co-conspirators
threatened Victim One with the cessation of his contracts with TENEX ifhe failed to pay money
19. It was further part of the conspiracy that MIKERIN and his co-conspirators
communicated with each other via e-mail as part of planning and organizing the extortion.
20. It was further part of the conspiracy that the I\IIKERIN and his co-conspirators
would enrich themselves and share the proceeds from the extortion conspiracy.
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21. lt was further part of the conspiracy that MIKERIN and his co-conspirators would
direct Victim One to send money and other things of value for the benefit of MIKERIN and his
co-conspirators to various overseas financial bank accounts in Latvia, Cyprus, and Switzerland
Overt Acts
22. During the course of and in furtherance of the conspiracy, and to effect the objects
thereof, MIKERIN and others committed or caused to be committed the following acts, among
TENEX to provide TENEX with "lobbying and consulting services," and further provided that
Victim One was to receive $150,000 for this contract over a period of three months.
transfer one third of the contract payment (550,000) to Corporation B in order to maintain the
d. In or about late 2009, MIKERIN arranged for Victim One to enter into a
second contract with TENEX, under which Victim One was to receive 5550,000 over eleven
months.
MIKERIN roughly one half of the contract payments on the $550,000 contract by providing
l\IIKERIN a $50,000 kickback every other month via a wire transfer to Corporation B.
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MlKERIN's direction.
h. In or about 2011, Victim One entered into a third contract with TENEX,
again directed by MIKERIN, for an additional eleven months. MIKERIN again demanded that
Victim One pay kickback payments in order to maintain the contract with TENEX.
payments to Corporation A.
J. On or about January 12, 2011, MIKERIN emailed Victim One from a new
wrote, "We have been informed you are ready to proceed with 50k... please use the same way as
the 'window' is opened for you till Monday, January 17... It was also coordinate internally and
in your favour (50K) is on the way (following our best knowleges [sic] will
Final Transfer 20 lOin
arrive next Tuesday-Wednesday) and that is why we would like to request you to arrange 25K in 5
yellow envelopes (you should be aware) the next week to finalize all outstanding balances."
stating, "As promised my people suggest this channel only for your cakes. May be we will
coordinate to cook a small one when you are prepared, but it's better to try asap." Attached to this
email was a document that provided bank account and routing information for Corporation A.
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United States currency, separated into five separate payments of$5,000 each and packaged in
pretending to be someone else, directing that Victim One not refer to the payments bearing any
relation to the nuclear industry, stating, "Please pay your personal attention to our STRICT
and connected service & trading or transportation of such a products [sic]. Hope you should
understand this absolute demand of the System and accept safety conditions for our clients. Any
other services like consulting, trading, facilitation, teaching, project & calculation etc. with
general or industrial products are welcomed as a matter of the agreement with [Corporation B]."
"Please note yesterday we informed your associate that we are sending one half of the payment
(25,000) today and will be giving him the other half 011 Friday per your request."
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18 U.S.C. S 1951(a)
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FORFEITURE ALLEGATION
The Grand Jury for the District of Maryland further finds that:
I. Pursuant to Fed. R. Crim. P. 32.2 notice is hereby given to the defendant that the
United States will seek forfeiture as part of any sentence in accordance with Title 18, United States
Code, Sections 981(a)(I)(C) and Title 28, United States Code, Section 2461 (c), in the event of the
2. As a result of the offense alleged in Count One of this Indictment, the defendant,
VADIM E. MIKERIN,
shall forfeit to the United States, pursuant to 18 U.S.c. S 98I(a)(l)(C) and 28 U.S.C. S 2461(c),
all property constituting, or derived from, proceeds obtained, directly or indirectly, as a result of
such violation. The property to be forfeited includes, but is not limited to, S585,000, and all
interest and proceeds traceable thereto, in that such sum in aggregate is proceeds obtained,
it is the intent of the United States, pursuant to 28 U.S.C. S 2461(c) and 21 U.S.c. S 853(p), to
seek forfeiture of any other property of said defendant up to the value of the forfeitable property,
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18 U.S.C. ~ 981(a)(l)(C)
28 U.S.C. ~ 2461 (c)
~
Rod J. Ros#stein
United States Attorney
A TRUE BILL:
SIGNATUREJlEDAClp-
ForepersorlJ Date
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