United States v. Dmytro Firtash, Andras Knopp, Suren Gevorgyan, Gajendra Lal, Periyasamy Sunderalingam, and K.V.P. Ramachandra Rao (N.D. Ill. 2013)

• Case Name
• United States v. Dmytro Firtash, Andras Knopp, Suren Gevorgyan, Gajendra Lal, Periyasamy Sunderalingam, and K.V.P. Ramachandra Rao (N.D. Ill. 2013)

• Date Filed
• 07/10/2013

• Enforcement Agency
• DOJ

• Countries
• India

• Foreign Official
• Indian state legislators and other state officials, including the Chief Minister of the Indian State of Andhra Pradesh and a sitting member of the Indian Parliament.

• Date of Conduct
• 2006 to 2010

• Nature of Business
• Dmytro (a.k.a. Dmitry) Firtash, a Ukrainian businessman and investor, is among Ukraine’s wealthiest men.  Firtash controls the international conglomerate DF Group, which manages assets around the world in the chemical industry, energy, and real estate sectors.  K.V.P. Ramachandra Rao was a former official of the State Government of Andhra Pradesh and is currently a sitting member of the Indian Parliament.  Little else is publicly known about the remaining co-defendants:  Andras Knopp (Hungarian businessman), Suren Gevorgyan (Ukrainian citizen), Gajendra Lal (Indian businessman and permanent resident of the U.S.), and Periyasamy Sunderalingam (Sri Lankan citizen).

• Influence to be Obtained
• According to the DOJ, beginning in 2006, Dimitry Firtash along with the five other defendants engaged in a conspiracy to pay bribes to Indian state officials in exchange for lucrative mining licenses.  The licenses would be used to develop a lucrative mining project that was expected to generate $500 million in annual sales of titanium products.  Court documents provide that Firtash and others specifically arranged for the sale of the titanium products to an unnamed company headquartered in Chicago, Illinois.
   

  According to court documents, Firtash along with several of his co-defendants regularly met with Indian officials, including the Chief Minister of the state of Andhra Pradesh, Y.S. Rajasekhara Reddy (since deceased), as well as the co-defendant and legislator, K.V.P. Ramachandra Rao, to secure the relevant mineral licenses.  It is alleged that between 2006 and 2010, Firtash authorized the payment of at least $18.5 million in bribes to state and central government officials in India.  In total, the indictment lists 57 different transfers of funds totaling approximately $10.59 million.

   

• Enforcement
• On June 20, 2013, the DOJ filed its indictment against the six defendants under seal alleging violations of RICO, the federal money laundering statute and the Travel Act, and conspiracy to violate the FCPA. Firtash was arrested by Austrian authorities in Vienna on March 14, 2014 and shortly thereafter the DOJ unsealed the charges. Extradition proceedings against Firtash were initiated in the Austrian courts but were dismissed on April 30, 2015, after Austrian Judge Christoph Bauer concluded that the extradition request was politically motivated
  and therefore inadmissible. In February 2017, Judge Bauer’s decision was overturned by an Austrian appellate court; however Firtash has not yet been extradited to the United States.
  
  On December 18, 2017, the Austrian Supreme Court announced that Firtash’s case had been referred to the European Court of Human Rights after Firtash requested a retrial. A few days later on December 21, 2017, it was reported that the U.S. extradition order for Firtash had been stayed pending a preliminary ruling from the European Court of Human Rights.
  
  News reports indicated that U.S. authorities also requested the arrest and extradition of K.V.P. Ramachandra Rao; however, no further developments have been reported.
  
  After the Second Circuit’s decision in United States v. Hoskins, Knopp and Firtash updated their motions to dismiss, but the court denied their new motions.
  
  At present, all defendants remain at large.

• Amount of the Value
• Approximately $18.5 million.

• Amount of Business Related to Payment
• Expected profits of approximately $500 million.
   

• Intermediary
• Agent; Shell Companies.

• Citizenship of Parent Entity
• Ukraine

• Compliance Monitor
• No

• Reporting Requirements
• No

• Case is Pending?
• No

Dmytro Firtash

• Citation
• United States v. Firtash, 1:13-cr-00515 (N.D. Ill. 2013).
   

• Date Filed
• 06/10/2013

• Filed Under Seal
• No

• FCPA Statutory Provision
• • Conspiracy: Anti-Bribery

• Other Statutory Provision
• Conspiracy (RICO); Money Laundering; Travel Act; Criminal Forfeiture.

• Disposition
• Fugitive

• Defendant Jurisdictional Basis
• Territorial Jurisdiction

• Defendant's Citizenship
• Ukraine

Andras Knopp

• Citation
• United States v. Firtash, 1:13-cr-00515 (N.D. Ill. 2013).
   

• Date Filed
• 06/10/2013

• Filed Under Seal
• No

• FCPA Statutory Provision
• • Conspiracy: Anti-Bribery

• Other Statutory Provision
• Conspiracy (RICO); Money Laundering; Travel Act; Criminal Forfeiture.

• Disposition
• Fugitive

• Defendant Jurisdictional Basis
• Territorial Jurisdiction

• Defendant's Citizenship
• Hungary

Suren Gevorgyan

• Citation
• United States v. Firtash, 1:13-cr-00515 (N.D. Ill. 2013).
   

• Date Filed
• 06/10/2013

• Filed Under Seal
• No

• FCPA Statutory Provision
• • Conspiracy: Anti-Bribery

• Other Statutory Provision
• Conspiracy (RICO); Money Laundering; Travel Act; Criminal Forfeiture.
   

• Disposition
• Fugitive

• Defendant Jurisdictional Basis
• Territorial Jurisdiction

• Defendant's Citizenship
• Ukraine

Gajendra Lal

• Citation
• United States v. Firtash, 1:13-cr-00515 (N.D. Ill. 2013).
   

• Date Filed
• 06/10/2013

• Filed Under Seal
• No

• FCPA Statutory Provision
• • Conspiracy: Anti-Bribery

• Other Statutory Provision
• Conspiracy (RICO); Money Laundering; Travel Act; Criminal Forfeiture.

• Disposition
• Fugitive

• Defendant Jurisdictional Basis
• Domestic Concern

• Defendant's Citizenship
• India

Periyasamy Sunderalingam

• Citation
• United States v. Firtash, 1:13-cr-00515 (N.D. Ill. 2013).
   

• Date Filed
• 06/10/2013

• Filed Under Seal
• No

• FCPA Statutory Provision
• • Conspiracy: Anti-Bribery

• Other Statutory Provision
• Conspiracy (RICO); Money Laundering; Travel Act; Criminal Forfeiture.

• Disposition
• Fugitive

• Defendant Jurisdictional Basis
• Territorial Jurisdiction

• Defendant's Citizenship
• Sri Lanka

K.V.P. Ramachandra Rao 

• Citation
• United States v. Firtash, 1:13-cr-00515 (N.D. Ill. 2013).
   

• Date Filed
• 06/10/2013

• Filed Under Seal
• No

• FCPA Statutory Provision

• Other Statutory Provision
• Conspiracy (RICO); Money Laundering; Travel Act; Criminal Forfeiture.

• Disposition
• Fugitive

• Defendant Jurisdictional Basis
• Unknown

• Defendant's Citizenship
• India