Processing your request


please wait...

Enforcement Action Dataset

 

Initiation Date:    10/29/2014  Information

Prosecuting Agency:    US Department of Justice

Name of Prosecuting Attorneys:   

  • Rod J. Rosenstein, United States Attorney
  • Andrew Weissman, Chief, Fraud Section, Criminal Division
  • Christopher Cestaro, Trial Attorney, Fraud Section, Criminal Division
  • Ephraim Wernick, Trial Attorney, Fraud Section, Criminal Division
  • Derek J. Ettinger, Trial Attorney, Fraud Section, Criminal Division
  • David I. Salem, Assistant United States Attorney
  • Adam K. Ake, Assistant United States Attorney
  • Michael T. Packard, Assistant United States Attorney

Assisting Agencies:    Federal Bureau of Investigation , U.S. Department of Energy - Office of the Inspector General

Type of Action:    DOJ Criminal Proceeding

Docket or Case Number:    15-cr-00332

Court:    D. Maryland

Origin of the Proceeding:    Unknown

Whistleblower:    Unknown

Case Status:    Resolved


Summary  Information

Boris Rubizhevsky was the owner and sole employee of NexGen Security Corporation. NexGen and Rubizhevsky purportedly performed consulting services on behalf of Cylinder Corporation A ("CCA").

JSC Techsnabexport ("TENEX") supplied uranium and uranium enrichment services to nuclear power companies throughout the world on behalf of the Russian government. TENEX was indirectly owned and controlled by, and performed functions of, the Russian government. TENAM Corporation was a wholly-owned subsidiary of TENEX and was TENEX's official representative in the United States.

Beginning in about October 2011 through about February 2013, Rubizhevsky and NexGen acted as a consultant to CCA in CCA's scheme to make payments to Vadim Mikerin, Director of TENEX and President of TENAM, to secure business with TENEX.

The case against Rubizhevsky was initiated under seal in the District of Maryland on October 29, 2014 by the DOJ. On June 10, 2015, the DOJ filed a sealed information (unsealed on June 15) against Rubizhevsky alleging conspiracy to commit money laundering. On June 15, 2015, Rubizhevsky entered into a plea agreement with the DOJ in which he pleaded guilty to the conspiracy charge. On November 13, 2017, the court sentenced Rubizhevsky to one year and one day in prison to be followed by three years of supervised release. Rubizhevsky also agreed to forfeit $26,500.

There are several related proceedings connected to this one. On January 10, 2018, the DOJ filed an eleven count indictment in the District of Maryland against Mark T. Lambert, an owner and executive of Transport Logistics International, Inc. ("TLI") from about August 1998 through about September 2016, alleging (1) conspiracy to violated the anti-bribery provisions of the FCPA and conspiracy to commit wire fraud, (2-8) direct violations of the anti-bribery provisions of the FCPA, (9-10) wire fraud, and (11) money laundering. On January 25, 2018, Lambert pled not guilty. Lambert's trial began on October 29, 2019, and on November 22, 2019, the jury convicted him on 7 of the 11 counts in the indictment. He is scheduled to be sentenced on March 9, 2020.

On January 10, 2018, the DOJ filed a single count information in the District of Maryland against TLI alleging conspiracy to violate the anti-bribery provisions of the FCPA. On March 12, 2018, the company entered into a deferred prosecution agreement with the DOJ. Under the terms of the agreement, TLI agreed to pay a fine of $2 million, continue to implement its enhanced compliance policies and procedures, and to report on the status of its anti-corruption compliance to the DOJ for a term of three years. The DOJ noted the company's thorough cooperation and remediation and determined that a departure of 25% below the sentencing guidelines range was an appropriate fine. That 25% departure would have been a fine of $21,375,000, but the company represented, and the DOJ confirmed, that it was unable to pay a fine greater than $2 million.

The DOJ initiated a case against Mikerin under seal in the District of Maryland on July 25, 2014 by the DOJ. On August 27, 2015, the DOJ filed a superseding information against Mikerin alleging conspiracy to commit money laundering. On August 31, 2015, Mikerin entered into a plea agreement with the DOJ in which he pleaded guilty to the single count of conspiracy. On December 15, 2015, the court sentenced Mikerin to 4 years in prison and ordered him to pay a mandatory assessment of $100 and forfeit $2,126,622.36.

The DOJ initiated a case against Daren Condrey, an owner and executive of TLI, under seal in the District of Maryland on October 29, 2014. On June 16, 2015, the DOJ filed a sealed information (unsealed on June 17, 2015) against Condrey alleging conspiracy to violate the FCPA and conspiracy to commit wire fraud. On June 17, 2015, Condrey entered into a plea agreement with the DOJ in which he pleaded guilty to both conspiracy charges. Condrey was scheduled to be sentenced on June 1, 2017. It does not appear Condrey has been sentenced yet, so that case is ongoing.

Country(ies) involved:    Russia

Region(s) involved:    Eastern Europe

Total $ Sanctions Imposed by U.S. Government (FCPA-Related Charges Only):    $26,500

Sanction to Bribe Ratio:    Not Applicable

Sanction to Revenue Ratio:    Not Applicable

Sanction to Profit Ratio:    Not Applicable

FCPA Matter Name:   Multiple Companies' Involvement in Russia between 2004 and 2014 Information

Number of Related Enforcement Actions (Including This Enforcement Action):    5

Country(ies) involved:    Russia

Region(s) involved:    Eastern Europe

Total $ Bribery Payments:    $2,126,622

Total $ Revenue Generated from Bribery:    Unknown

Total $ Profit Earned or Expenses Avoided from Bribery:    Unknown

Total $ Sanctions Imposed by U.S. Government (FCPA-Related Charges Only):    $4,153,222

Sanction to Bribe Ratio:    $4,153,222 / $2,126,622 = (195.30 %)

Sanction to Revenue Ratio:    Not Applicable

Sanction to Profit Ratio:    Not Applicable

Name:    Boris Rubizhevsky

Employers & Positions:    NexGen Security Corporation - Owner and sole employee

Country:    United States

FCPA Claims:    None

Related Claims:    Conspiracy to Launder Money (18 U.S.C. §§ 1956, 1957) ; Criminal Forfeiture (28 U.S.C. § 2461; 18 U.S.C. § 981) ; Criminal Forfeiture (18 U.S.C. § 982)

Statutory Basis for FCPA Jurisdiction:    Conspirator

Name:    NexGen Security Corporation

Entity Type:    Private Company

Place of Incorporation:    United States

HQ Country(ies):    United States

Industry:    Services

Period of Bribery:   2011 - 2013

Total Bribery Payments:    Unknown

Total Revenue Generated from Bribery:    Unknown

Total Profit Earned or Expenses Avoided from Bribery:    Unknown

Country(ies) involved:    Russia

Region(s) involved:    Eastern Europe

Officials Potentially Influenced (Name; Title; Organization): 

  • Vadim Mikerin; Director; President; JSC Techsnabexport ("TENEX"); TENAM Corporation

Affiliates, Subsidiaries and Joint Ventures Involved in the Misconduct:    None/Unknown

Third-Party Intermediary:   

  • Boris Rubizhevsky and NexGen Security Corporation , Agent/Consultant/Broker

Type of Bribe:   Money

Cash, Wire or Check:    Wire Transfer

Purpose of Bribe:    Obtain/retain business

TRANSACTION OVERVIEW
Payments from Cylinder Corporation A

Period of Bribery:   2011 – 2013

Total Bribery Payments:    Unknown

Total Revenue Generated from Bribery:    Unknown

Total Profit Earned or Expenses Avoided from Bribery:    Unknown

Country(ies) involved:    Russia

Region(s) involved:    Eastern Europe

Officials Potentially Influenced (Name; Title; Organization):  

  • Vadim Mikerin; Director; President; JSC Techsnabexport ("TENEX"); TENAM Corporation;

Affiliates, Subsidiaries and Joint Ventures Involved in the Misconduct:    None/Unknown

Third Party Intermediary:    Boris Rubizhevsky and NexGen Security Corporation - Agent/Consultant/Broker

Type of Bribe:   Money

Cash, Wire or Check:    Wire Transfer

Purpose of Bribe:    Obtain/retain business

Not Applicable

Mitigating Factors Referenced by the Government (Individual Defendants):

Defendant Cooperation
Boris Rubizhevsky  

Aggravating Factors Referenced by the Government (Individual Defendants):

Defendant Insufficient Cooperation
Boris Rubizhevsky  

Total Global Monetary Sanctions (All Charges):    $26,500

Total Monetary Sanctions Imposed by U.S. Government (FCPA-Related Charges Only):    $26,500

Total Monetary Sanctions Owed to U.S. Government (FCPA-Related Charges Only):    $26,500

Case Status:    Resolved


Disposition:    Plea Agreement

Date of Disposition:    06/15/2015

Boris Rubizhevsky

—  Total Monetary Sanctions Imposed by U.S. Government for Defendant (FCPA-Related Charges Only):    $26,500

—  Imprisonment/Incarceration:    12 months

—  Probation/Supervised Release:    36 months

—  House Arrest:    None

—  Community Service:    None

—  Admission of Guilt/Acceptance of Responsibility:    Yes

No Document Title Date Category