RUSSIA GOES ON TRIAL IN IMMIGRATION CASE
Judge to determine if entrepreneur is swindler or victim
December 24, 1998
By Scott Shane. Sun Staff. The Baltimore
Sun.
ARLINGTON, Va. -- In this penthouse courtroom above a gourmet deli and a Metro stop,
the name on the case is that of Alexandre Konanykhine, a post-Soviet business whiz kid
U.S. immigration authorities want to deport.
But, in the battle of the experts weighing in on the immigration judge's excruciating
dilemma, Russia itself is on trial.
From a seemingly routine accusation of a false statement on a visa application more
than two years ago, the Konanykhine case has blown up into a major issue in
law-enforcement relations between Russia and the United States. It has spawned a Justice
Department investigation of possible misconduct by the Immigration and Naturalization
Service.
And now Konanykhine's request for political asylum has posed a stark question to the
court:
Is the United States simply helping the Russians bring to justice a swindler who
fleeced his own bank of $8 million?
Or, as Konanykhine claims, is the United States unwittingly delivering to corrupt
Russian authorities an honest entrepreneur whose businesses were muscled away from him by
crooked former KGB officers in league with organized crime?
This month, from a parade of specialists on Russia, there was talk of hit men and
torture, of billions drained from the Russian economy into bank accounts from Cyprus to
Antigua. Witnesses included a former Soviet Communist Party disinformation specialist and
an FBI expert on Russian organized crime.
At one hearing in the case, immigration Judge John M. Bryant suggested that only by
penetrating the mystery of Russia, sometime adversary and sometime ally of the United
States, could the court do justice in the Konanykhine case.
"Did a foreign government mislead you?" Bryant asked the lawyers for the INS.
"Was the United States duped?"
No, INS attorneys argue. Seven years after the end of Communist rule, after elections
and legal reforms, the official INS position is that the United States should treat
criminal charges from Russia as they would charges from, say, France or Japan.
The lawyer for Konanykhine and his wife, Elena Gratcheva, called that position naive.
Given the bottom-to-top corruption and murderous business climate in the new Russia, a
case such as the one against Konanykhine might be as easily concocted for political
reasons as in the darkest Soviet days, said attorney Michael Maggio.
While the United States has no extradition treaty with Russia, a deportation order
could mean the couple would be forced to return to Russia if no other country agreed to
take them. Bryant will not issue his decision before February, and either side could
appeal.
Among the witnesses, Louise I. Shelley, who studies Russian organized crime at American
University, offered the strongest support for the INS position. She suggested that the
theft charges against Konanykhine appear legitimate and that he might get a fair trial in
Moscow.
But some experts for the INS said the logic of the Russian case against Konanykhine is
imperfect. They acknowledged that his conduct after fleeing Russia in late 1992 -- writing
letters to newspapers and to Russian officials demanding an investigation of the bank he
allegedly had looted -- was not exactly typical of a thief on the lam.
The INS experts did not dispute that the Russian Exchange Bank, founded by Konanykhine
in 1991, collapsed in 1995 under the management of the ex-officers of the former Soviet
intelligence agency and others who he says stole the bank from him, with a half-billion
dollars of depositors' money evaporating in the process.
And they acknowledged that Russian justice reform is, to put it gently, incomplete.
"He's a whistle-blower," said Peter H. Solomon, an expert on the Russian
legal system at the University of Toronto who was hired by the INS. "There's an
element of reaction and revenge in this case."
Tradition of planned killings
Some experts said Konanykhine might not survive to face trial in Russia. Contract
killings on the street are commonplace, and arranged murders by cellmates are a Russian
tradition, they said.
"I would not recommend to an insurance company that they should insure his
life," said Alec Sarkisian, a Soviet disinformation specialist, who defected in 1986
and advises the U.S. government on Russian affairs.
Konanykhine's life is a mirror of the tumultuous last 10 years in the history of
Russia.
A brilliant student at Moscow's most prestigious physics institute, he was thrown out
for turning a student construction brigade into a profit-making business. Then, as former
Soviet President Mikhail S. Gorbachev began his reforms, he found the business legalized.
Konanykhine added a real estate arm, a commodities exchange, a security agency and
finally the bank. At the age of 25, in a country where most families crowded into one-room
apartments, he became a multimillionaire who built an eight-bedroom house with a gym and a
pool. He helped finance President Boris Yeltsin's rise to power and was rewarded with a
mansion previously occupied by Gorbachev and a limousine from Gorbachev's fleet.
His bank became one of the first to be licensed by the new Russian government to trade
foreign currency. He brought former top Soviet officials onto the bank's board, hired
about 150 former KGB officers as security men and managers, and issued his own coins,
bearing his wife's profile.
Konanykhine, boyish-looking at 32, acknowledged in an interview that his success was a
result not just of business talent but of the unregulated markets growing from the Soviet
rubble.
"I'd trade rubles into dollars at 30 rubles to the dollar, then trade it back into
rubles at 300 to the dollar," Konanykhine said. "Not to make some money in such
a position would be a crime. I didn't commit such a crime."
This capitalist reverie came to an abrupt end in September 1992 when, by Konanykhine's
account, he was lured from his Budapest hotel by two people claiming to be from the
Hungarian security ministry. Under threat of violence, he was taken to an apartment and
confronted by one of his bank colleagues and men who appeared to be mob enforcers, he
says.
Konanykhine claims he was told that the KGB men he had hired were taking over his
businesses and that if he resisted he would be killed. He says he turned over his passport
but managed to flee with his wife on other passports in a hair-raising car ride to a Czech
airport, from which they flew to New York.
The INS lawyers, John J. Mulrooney II and Suzanne McGregor, cast doubt on his account
in court, producing documents showing Budapest police failed to find evidence the
extortion plot occurred.
But they did not dispute that Konanykhine, within days of his arrival in the United
States, began screaming that his bank had been stolen from him.
A letter he wrote to Yeltsin a few weeks after his arrival in 1992 declared that
"a dangerous criminal situation has developed in a number of Russia's large-scale
economic institutions." He demanded an investigation and government takeover of the
bank.
An investigation began, but in early 1994, Russian military prosecutors -- in charge of
the case because of the involvement of the paramilitary KGB -- turned the tables on
Konanykhine, charging that he had stolen $8 million from the bank. Konanykhine has
maintained that he took nothing.
Long-distance operator
Meanwhile, Konanykhine had become a long-distance vice president of another large
Moscow bank, Menatep Bank, and had prepared to open an offshore branch in Antigua. When
the Russian charges were filed, Menatep pulled out. With other investors, Konanykhine
tried to turn the Antigua operation, called European Union Bank, into an Internet bank.
In July 1996, Konanykhine was arrested by INS agents at his Watergate apartment and
jailed in Virginia. The official INS charge was a relative technicality -- a false
statement on his visa application -- but the arrest pleased Russian prosecutors. FBI
Director Louis J. Freeh had praised the Russians for their help in building the case
against a Russian mobster in New York, and U.S. officials were eager to reciprocate.
But after Konanykhine had been held for 13 months, a U.S. federal judge freed him,
saying he was disturbed by allegations of INS misconduct. A former INS attorney,
Antoinette Rizzi, charged that her superiors had vowed to deliver Konanykhine to the
Russians, no matter what the law said. Rizzi had been fired -- for resisting the
railroading of Konanykhine, she said; for past problems paying her taxes, the INS said.
The conduct of the INS officials, who deny wrongdoing, is under Justice Department
investigation.
About the time Konanykhine was released from jail, the Internet bank in Antigua
collapsed amid allegations that it might have been intended to launder money. Konanykhine
had not been involved for more than a year, but the association did not enhance his
credibility.
Perhaps the most enduring puzzle of the case is Russian law enforcement's persistent,
high-level attention to Konanykhine. Russian Procurator General Yuri Skuratov cited
Konanykhine's case as a priority a year ago at his last meeting with his U.S. counterpart,
Attorney General Janet Reno, complaining of U.S. "red tape."
In addition, the Russian minister of internal affairs told parliament last year that
Konanykhine had stolen not $8 million -- the sum in the charging documents -- but $300
million. The minister, Anatoly Kulikov, also stated inaccurately that the stolen assets
had been seized in the United States.
Russian `Mafiocracy'
Konanykhine says he has become a convenient scapegoat for the looting of Russia.
Moreover, he says, he has infuriated corrupt officials by denouncing what he calls the
Russian "Mafiocracy" on his Web site (www.konanykhine.com). He says he is trying
to move on with his life, and recently he launched two businesses here, an Internet
advertising firm and a discount long-distance phone service.
In a break in recent testimony, Konanykhine had kind words for one of the witnesses
against him, Jim E. Moody, a former top FBI official who oversaw many cases involving
Russian organized crime.
Konanykhine said he found it remarkable that a former U.S. government official, being
paid by the government for his testimony, would speak truthfully even when his
observations helped the other side.
For instance, though Moody said the Russian charges against Konanykhine appear
plausible, he also said he found it "peculiar" that an embezzler would write
banking officials and politicians demanding an investigation.
"For someone who grew up in the Soviet Union," Konanykhine said, "that
is very refreshing."
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