Chernyavsky Vladimir

Vladimir Chernyavsky is the IT businessman who is closely connected with the Russian software companies specializing in information security. The owner of the Californian companies AdvancedForce InfoSecurity Solutions and Incubtr, the citizen of Ukraine representing the interests of the Russian producers of software in the USA Elcomsoft and DeviceLock.

Biography

Graduate of MESI.

2006: The first meeting with FBI

At the end of November, 2006 at a conference on information security in Washington (DC) Ashot Oganesyan who arrived on it specially, the owner of the Russian company DeviceLock, and his partner living in the States - Vladimir Chernyavsky - for the first time met FBI agents. Agents were interested in Oganesyan's communications with Alexander Katalov, the CEO of the Russian software company Elcomsoft which in 2002 carried in the American court "the case of Sklyarov". (The employee of Elcomsoft Dmitry Sklyarov was arrested in July, 2001 in Las Vegas on charge of Adobe company - after gave the report on vulnerabilities of protection of e-books of production of Adobe.)

Communications such are undoubted and in order to find it out, not obligatory to be the FBI agent. Chernyavsky sold Elcomsoft products in the USA. It, Oganesyan and Alexander Katalov - members of ISDEF, the non-profit organization integrating the Russian developers of software in which all perfectly know each other.

2007

In 2007 FBI agents came to Chernyavsky to office^[1]. The conversation, according to Chernyavsky, went on such subject: "In the IT industry there are a lot of natives of KGB. Do you have a confidence that they did not get into DeviceLock?"

Here it is necessary to make small retreat and to explain that such DeviceLock; it is the company working at small section of information security market. The USB standard appeared in 1995 - then when Microsoft hurried to bring to the Windows 95 market. Microsoft provided support of USB at the level of the operating system, but did not manage to make it well: the system administrator did not have watch facilities behind USB ports regarding uncontrollable copying of data. The Russian company DeviceLock got into this niche of the world market of software which arose thanks to negligence of Microsoft - its software product excludes if it is necessary, theft of information through USB.

The USA for DeviceLock, as well as for any successful software company, the main sales market. Chernyavsky represented the interests of DeviceLock in America. Among customers of DeviceLock there are state organizations, including the Pentagon and the research center in Los Alamos.

"Whether you know that Kaspersky graduated from KGB school?", - the FBI agent David Koblits (David C. Koblitz) asked. Chernyavsky who started a transatlantic career in quality of the director of the American representative office of Kaspersky Lab did not begin to deny.

Then Koblits expressed desire to receive source codes of DeviceLock. Chernyavsky told the agent that examination of source codes of DeviceLock is made by US Air Force before this department bought the software product, and results of this examination are available to the government. On that also left.

At the end of the 2007th DeviceLock purchased a part of assets (non-material - base of clients, in language of financiers it gets to category "goodwill") at AdvancedForce and opened representation in the USA. Chernyavsky founded new company Incubtr meanwhile (specialization - marketing and IT consulting).

There are quite clear reasons for which AdvancedForce was still necessary for DeviceLock business support even after opening of its American representative office. For example, AdvancedForce as the company with seven-year history is easier to receive the state order. As a result left so that Chernyavsky completely owned one company (Incubtr), partially - another (in AdvancedForce it had 81%) and was employed in third (DeviceLock).

In these three pines also the American bureaucratic machinery should get lost. The migration service and FBI accused Chernyavsky that he is the actual owner of DeviceLock who employed himself to receive green card.

The arrangement that Chernyavsky will begin to work in DeviceLock full time was an important part of the transaction of DeviceLock and AdvancedForce - without it acquired assets effectively could not be used. The IT company, we will notice in passing, differs from the coal mine and automobile works in the fact that it cannot be purchased, having only paid money. It is necessary to make still so that employees did not run up - they represent the main asset. Chernyavsky was also such "asset", and without it the acquisition made by DeviceLock is invalidated.

It was supposed that Chernyavsky will have to work in the American department of the company a progressive tense and therefore DeviceLock really began to make out to it green card.

2010: Arrest

Long time, up to February, 2010, occurred nothing. And in February in one of days in the morning home to Chernyavsky (Vladimir's wife - the citizen of Russia, in family two minor children) three agents of division of immigration service FIU (Fraud Investigations Unit) came. At the same time agents came to office - to say with employees. Refining of information for a design of green card became a pretext for a visit. Agents were not too lazy even to go at the place of residence of one of employees, were convinced that she exists and really works for Chernyavsky's company.

At some point the conversation ceased to be pleasant to Chernyavsky, and he suggested to call the lawyer. "Lawyers are not necessary to fair people", - agents objected. Chernyavsky nevertheless refused to continue a conversation.

In a month Koblits called. Suggested to meet, but "only in the presence of my lawyer" did not accept a condition.

At the end of March, 2010 not failure came to green card, but warning of possible failure. Under the law the applicant has 30 days for explanation of doubts. Wrote the detailed answer explaining the communication which caused suspicions of USCIS between three companies (Incubtr LLC, DeviceLock and AdvancedForce) and their interaction. Sent documents, confirmatory that Chernyavsky's companies are the presents, actively working enterprises which earn money and pay taxes.

The status of passing of documents on green card (it is possible to see it online) did not change since then in any way. And on June 29, 2010 at a door to Chernyavsky five agents - three from ICE and two of FBI, including Koblits knocked. Chernyavsky was arrested, taken away in office ICE in San Francisco and only there showed the warrant for the arrest.

Koblits wanted to talk to Chernyavsky's wife, the citizen of Russia (at it, we will remind, agents withdrew the passport). Confidentially - in the absence of the lawyer and the arrested husband. But was refused.

In the summer and fall of 2010 in California it spent nearly three months in prison. It was accused of violation of immigration laws, but in court charge operated with materials, strange for such case, - in particular, the statement that Chernyavsky is familiar with Evgeny Kaspersky.

Official reason of arrest and subsequent events is as follows: the immigration authorities backdating cancelled the valid visa of Chernyavsky issued in 2008 and did not give to Chernyavsky's lawyers of legal time to dispute the solution. Neither Chernyavsky, nor his lawyers received any of the preliminary written warnings of cancellation of the visa put under the law.

At arrest to Chernyavsky did not read his right - when five agents entered his house, at office ICE in San Francisco. It deprives charge of the right to file any materials received from conversations with Chernyavsky. But the witness for the prosecution from among agents went for perjury (as Chernyavsky claims) and said in court that the rights became engrossed in reading.

Pressure upon Chernyavsky was put from first minutes. Having entered the house in the morning on June 29, agents threatened with arrest not only to it, but also the wife - in spite of the fact that in family two small children. In the warrant for the arrest (it was written out by ICE) prohibition on release on the security appeared.

Trial dates about an exit on the security were set for August 4, 2010 - earlier the judge did not have time that meant month of life in prison for Chernyavsky.

This month passed, the court gathered. Brought charge the multipage document prepared by FBI. In it among other things FBI peddled old stuff, having reported to court that Evgeny Kaspersky and Alexander Katalov studied at KGB school. That Katalov stayed at this school very not for long, no word was told, however.

Referring to this material, charge started talking about "a complex case of immigration fraud".

Protection requires to bring this charge formally. The prosecutor refuses.

Time charge is not brought, the document it is impossible to consider in court. Nevertheless, the judge Anthony Murry files it, promising to attach to these "proofs" at least significance.

Defense witnesses - neighbors, business partners act. From their words Chernyavsky the villain does not look. Neighbors willingly trust him the children. In violation of business ethics in ten years of work in the USA it was never noticed. The representative of InfraGard - the organization created for the sake of cooperation of the American IT industry and FBI - explains to court that in that business which is done by Vladimir Chernyavsky (and he is engaged, we will remind, IT security), the reputation means everything and that Chernyavsky's reputation - out of doubts.

In other words, the person in handcuffs and a yellow prisoner uniform is suspiciously safe for people around - otherwise why to keep him in prison?

Charge hoped for cross-examination, but it is vain - Chernyavsky's protection did not interrogate. Lawyers did not peck on a bait in the form of the statement of FBI that "Chernyavsky knew Kaspersky and Katalov, pupils of KGB", and did not begin to justify themselves in what their client was formally not accused of.

The prosecutor, nevertheless, decides to interrogate the defendant. Among other things asks strange questions. Whether "The truth that you were a member of the communistic union of youth? Whether" "The truth that you actually own DeviceLick company and forged documents to hide it?"

Chernyavsky refused to answer the questions which are not connected with a subject of listenings. This subject was, we will remind, a possibility of an exit from prison on the security.

The judge refused pledge, and on the basis of that document of FBI which illogically filed and to which promised not to attach significance. Anthony Myori did not risk to liberate the person who personally knew Evgeny Kaspersky and Alexander Katalov. You never know that at Chernyavsky on mind. Suddenly he is the Russian spy? Will run away, will purchase gas station somewhere, and look for it then. And in general, these spies... Do you remember how many Russian spies arrested in the summer of the 2010th?

About gas station and other "argumentation" - alas, not a joke. Such hypothesis was formulated by charge, and the judge considered the assumption plausible.

At these judicial proceedings there are a lot of other remarkable details. The agent Koblits, for example, gave evidences by phone since he was in Europe. He was only provided and refused to answer questions of protection - say, the administration it is not authorized to it to tell something in excess of what it is brought into court in writing.

Among "proofs" of charge it appeared, for example. In 2009 the US Today newspaper took the comment from Chernyavsky as at IT security specialist. In article the reporter by mistake called Chernyavsky "the president of DeviceLock". The court was not able to set the truth - preferred was guided by the principle "newspapers will not begin to lie".

Then there was one more meeting of the same court, and there was a failure in voluntary departure from the country. Then, in September - forced deportation.

Chernyavsky went to it by force. Lawyers did not doubt that when case reaches federal instance, ICE and FBI will lose. But the procedure would borrow about one year, and the judge would keep all this time Vladimir in prison.

To a departure from the USA Chernyavsky carried out in the camera of all 30 days during which protection could submit the appeal. So far Vladimir in prison, it was dangerous to appeal: the judge could, and for certain would cancel the decision on departure from the USA and prolonged the conclusion. Therefore judicial in every possible way tightened time. For example, at first issued deportation of the Ukrainian citizen to Russia, and then corrected an error.

On September 7 Chernyavsky was told that plane tickets to Ukraine are purchased, but did not designate date of deportation. "That on the way to the airport accomplices did not beat off me, probably", - Chernyavsky bitterly jokes. Lifted in the middle of the night, having given ten minutes on charges.

So, being not able not that to prove, but even formally to bring charge of fraud for the purpose of illegal stay in the USA, the prosecutor and the judge who accepted his party put the strongest pressure upon Chernyavsky. They left to the person the choice between year of prison and forced deportation.

It is difficult to define an event with Chernyavsky differently as a hard case of the American shpionomaniya.

"The most unusual in this case - cruelty. For me remained a riddle who and why needed to interrupt senselessly productive work and normal life of Vladimir in California. All failures on all requests for visas and green card were shown to Vladimir in morning of arrest and not sent by mail to either me, or him, or the company though are dated numbers in a month or more before arrest", - Law Office of Marina Serebryanaya, Chernyavsky's lawyer says.

On a question of the correspondent of RIA Novosti of whether Chernyavsky's case is typical for the American court, Silver said: "No, not all courts so pass in California. I in life did not see it. Volodya in the court already, in a break, in handcuffs in a toilet was seen off by two security guards. Burton (Joseph M. Burton - one more lawyer of Chernyavsky - A. A.) which long worked as the federal prosecutor, told that it did not see it too, and was deeply perturbed".

"Chernyavsky fell a victim not only shpionomaniya, but also illiteracy. To officials and prosecutor's office was beyond the power to understand such simple thing that one person, operable, hardworking and talented, can own one company completely, another - in its most part, and in the third to be an employee, and at the same time to employ several Americans for work in these three different companies", - says Silver.

Later in the American visa to temporary entry into the USA Ashot Oganesyan was refused. Before he repeatedly was in America, and the authorities did not make him difficulties.

Vladimir Chernyavsky spent almost three months in Richmond, to the northeast from San Francisco, in one of old prisons.

Notes