USA v. Kvashuk

DETENTION ORDER as to Volodymyr Kvashuk by Hon. Mary Alice Theiler. (cc: PTS, USMO)

Western District of Washington, wawd-2:2019-mj-00321

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01 02 03 04 05 06 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 07 AT SEATTLE 08 UNITED STATES OF AMERICA,)) CASE NO. MJ 19-321 09 Plaintiff,)) 10 v.)) DETENTION ORDER 11 VOLODYMYR KVASHUK,)) 12 Defendant.) ____________________________________) 13 14 Offense charged: Mail Fraud 15 Date of Detention Hearing: July 19, 2019. 16 The Court, having conducted a detention hearing pursuant to 18 U.S.C. § 3142(f), and 17 based upon the factual findings and statement of reasons for detention hereafter set forth, finds 18 that no condition or combination of conditions which defendant can meet will reasonably assure 19 the appearance of defendant as required and the safety of other persons and the community. 20 FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION 21 1. Defendant is a native and citizen of Ukraine who has been living in the United 22 States since 2015. He originally obtained a visitor's visa and then acquired a work permit in DETENTION ORDER PAGE -1 01 2016. He is a software engineer and has worked for various companies in the Seattle area 02 including Microsoft and Sinclair Digital as well as freelance work. He is charged by 03 Complaint with Mail Fraud. The United States alleges that defendant utilized a simulated 04 consumer purchase testing program to obtain property and digital currency from Microsoft, and 05 then sold or redeemed the property and currency for financial gain of approximately $10 06 million. The government has seized a quantity of currency from bank accounts and bitcoin 07 wallets, as well as various digital devices, but contends that over $7 million is unaccounted for. 08 2. The government states that Ukraine does not allow extradition of its citizens, 09 and that defendant has family and other strong connections to that country. Defendant proffers 10 evidence that his life would be in danger if he were to return to Ukraine, and states that he has 11 applied for asylum in the United States. 12 3. Defendant poses a risk of nonappearance based on citizenship in and ties to 13 Ukraine as well as the allegations of significant undiscovered liquid assets. Defendant poses 14 a risk of economic danger based on the nature and circumstances of the alleged offense. 15 4. There does not appear to be any condition or combination of conditions that will 16 reasonably assure the defendant's appearance at future Court hearings while addressing the 17 danger to other persons or the community. 18 It is therefore ORDERED: 19 1. Defendant shall be detained pending trial, and committed to the custody of the Attorney 20 General for confinement in a correction facility separate, to the extent practicable, from 21 persons awaiting or serving sentences or being held in custody pending appeal; 22 2. Defendant shall be afforded reasonable opportunity for private consultation with counsel; DETENTION ORDER PAGE -2 01 3. On order of the United States or on request of an attorney for the Government, the person 02 in charge of the corrections facility in which defendant is confined shall deliver the 03 defendant to a United States Marshal for the purpose of an appearance in connection with a 04 court proceeding; and 05 4. The Clerk shall direct copies of this Order to counsel for the United States, to counsel for 06 the defendant, to the United States Marshal, and to the United State Probation Services 07 Officer. 08 DATED this 19th day of July, 2019. 09 10 A Mary Alice Theiler United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 DETENTION ORDER PAGE -3