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11 indicted in Russian arms ring suspected of stealing U.S. technology

| Wednesday, Oct. 3, 2012, 9:46 p.m.

HOUSTON — Eleven alleged members of a clandestine procurement network were indicted in connection with what prosecutors say was a $50 million conspiracy designed “to steal American technologies for the Russian government.” The grand jury indictment was unsealed on Wednesday in federal court in Brooklyn, N.Y., but many of the defendants were arrested in Texas. One, Alexander Posobilov, appeared before a U.S. magistrate in Houston as prosecutors began seeking defendants' transfer to Brooklyn for trial.

Federal prosecutors identified the ringleader as Alexander Fishenko, 46, owner of U.S. and Russian companies who immigrated to this country in 1994 and became a U.S. citizen nine years later. As an unregistered agent acting “on behalf of the Russian government,” he allegedly oversaw shipments to Russia of radar and surveillance systems, weapons guidance systems and detonation triggers.

“These microelectronics had applications in a wide range of military systems, including radar and surveillance systems, weapons targeting systems and detonation triggers,” the indictment says. Prosecutors say the equipment wound up with Russia's domestic intelligence agency, the Federal Security Service.

Much of the equipment is unavailable in Russia, and it is illegal to ship it out of this country. The crime can draw more than 20 years in prison.

“The defendants spun an elaborate web of lies to evade the laws that protect our national security,” said U.S. Attorney Loretta E. Lynch in Brooklyn. “The defendants tried to take advantage of America's free markets to steal American technologies for the Russian government.” The indictment said Fishenko ran Arc Electronics Inc. in Houston, which sent the equipment to Russia. There was “a striking similarity” between Arc's gross revenues and Russia's defense spending over the last several years, prosecutors said.

Arc often gave false information to obtain the equipment from U.S. manufacturers and suppliers, the indictment said, and claimed that it “merely manufactured benign products such as traffic lights.” In other instances, the defendants allegedly labeled some equipment as material for “fishing boats” rather than “anti-submarine” devices.

Prosecutors told Houston Magistrate George C. Hanks that three defendants — Fishenko, Posobilov and Viktoria Klebanova — should be held without bond. They said they had recovered hundreds of Fishenko emails that “constitute devastating evidence.”

Prosecutors said Posobilov, 58, entered the United States in 2001 and became a U.S. citizen in 2008. He was arrested on Tuesday as he was about to fly to Russia.

He was the first to appear in federal court, where he sat handcuffed, chained at the waist and ankles. Looking sleepy, Posobilov occasionally closed his eyes and leaned back in his chair as he listened to the proceedings on headphones connected to a nearby Russian translator.

The judge set Posobilov's detention hearing for Friday morning in Houston.

Prosecutors said Klebanova, 37, travels extensively to Russia, despite her naturalized U.S. citizenship. She allegedly exchanged emails with Fishenko and Posobilov about how to evade U.S. export laws.

More defendants are to appear in court on Thursday.

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