Kirill Gordei, a 34-year-old Belarusian citizen and lawful permanent resident of the United States, residing in Hallandale, Florida, has been indicted for allegedly smuggling advanced scientific goods from the United States into Russia without the necessary license. The indictment charges Gordei with one count of conspiracy to commit offenses against the United States, one count of smuggling goods from the United States, and one count of exporting a spectrometer, a commerce control item, without proper authorization.
Gordei, who was arrested on June 30 in Florida, made his initial appearance in the Southern District of Florida. At a later time, he is expected to appear in Boston federal court.
Official Statements and Implications
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division commented on the case, stating, “As said, Gordei put his own financial gain ahead of the security of the country by deceiving export authorities in the United States and smuggling cutting-edge scientific equipment to Russian clients. The Department of Justice intends to employ all resources at its disposal to obstruct criminal supply chains that are being exploited to transfer advanced technologies to Russia and other adversarial nations.”
Highlighting the role of freight forwarders in international trade, Assistant Secretary for Export Enforcement Matthew S. Axelrod added, “Given their critical role in the shipment of goods abroad, freight forwarders are obligated to uphold the law rather than violate it. Here, it is claimed that Kirill Gordei, the president of a freight forwarding company, purposefully avoided limitations meant to weaken the Russian military apparatus by hiding the purpose and value of a mass spectrometer.”
“By allegedly smuggling sensitive technology to Russia, Mr. Gordei undermined the critical framework established to protect national security,” stated Acting U.S. Attorney Joshua S. Levy for the District of Massachusetts, emphasizing the serious ramifications for national security. This case emphasizes how crucial it is to enforce export regulations, particularly with regard to sensitive goods on the Controlled Commerce List, such as innovations that are essential to the growth of science and industry. Anyone trying to break the law in the United States for their own benefit or to further their business will face legal action from our office, especially if the acts could have repercussions for international security.
Company Involvement and Allegations
According to court documents, Gordei is the President of Apelsin Logistics, a freight forwarding company based in Hallandale Beach, Florida. The company also has an address in Russia and operates two websites registered and hosted in Russia.
The indictment alleges that on or about August 11, 2023, Gordei falsely claimed he was shipping an Orbitrap Exploris GC 240 Mass Spectrometer to Uzbekistan, when in fact, it was destined for Russia. This advanced spectrometer, valued at over $600,000, delivers high data quality and versatility, making it essential for scientific discovery in academic, industry research, government, and omics laboratories.
Stringent Export Controls and Legal Consequences
Since Russia’s invasion of Ukraine on February 24, 2022, the U.S. has implemented stringent export controls to restrict Russia’s access to technologies and other items necessary for its military operations. As of April 8, 2022, these controls were expanded to cover the most sensitive items on the Controlled Commerce List, requiring a license from the Bureau of Industry and Security (BIS) for exports to Russia. The spectrometer Gordei attempted to export was one such controlled item.
If convicted, Gordei faces severe penalties: a maximum of five years in prison for the conspiracy charge; up to 20 years in prison, five years of supervised release, and a $250,000 fine for the unlawful exports charge; and up to 10 years in prison, three years of supervised release, and a $250,000 fine for smuggling goods from the United States. A U.S. district court judge will decide the final sentence after considering many statutory elements as well as the U.S. Sentencing Guidelines.
Investigation and Prosecution
The Commerce Department’s BIS is leading the investigation, with support from U.S. Customs and Border Protection, the U.S. Marshals Service, and the Transportation Security Administration. Trial Attorney Christopher Magnani of the National Security Division’s Counterintelligence and Export Control Section is assisting Assistant U.S. Attorney Laura J. Kaplan of the District of Massachusetts in prosecuting the case.
This case is part of the efforts of the Disruptive Technology Strike Force, an interagency law enforcement group co-led by the Departments of Justice and Commerce. The Strike Force aims to target illicit actors, protect supply chains, and prevent critical technology from being acquired by authoritarian regimes and hostile nation-states. The Strike Force uses resources from across the U.S. government, including tools and authorities, to improve the enforcement of export control rules. The Assistant Secretary of Commerce for Export Enforcement and the Assistant Attorney General of the National Security Division oversee it.
Presumption of Innocence
It is crucial to remember that an indictment is only an allegation, and that every defendant is entitled to the presumption of innocence until and unless they are shown beyond a reasonable doubt in court.
