Ihor Kolomoisky, under FBI Investigation, stripped of Ukraine citizenship
In a stunning rebuke of one of Ukraine's most powerful
figures, oligarch Ihor Kolomoisky was stripped of his citizenship in a bold
step that could remove protections for the oligarch if he’s charged for his
alleged role in a scheme to steal millions from the nation’s largest bank and
conceal the money in steel mills and skyscrapers in the American heartland.
The order by President Volodymyr Zelenskyy could potentially
open the way for prosecutors to move for extradition against the billionaire the
target of a federal grand jury investigation in one of the largest
money-laundering cases of its kind.
"They are taking serious measures," said John
Herbst, a former U.S. ambassador to Ukraine. "It may be a response to this
latest expression of concern about corruption in Ukraine. If this is true, this
is a big deal. Ukraine, of course, is fighting for its life."
Mr. Zelenskyy’s order in the midst of the war with Russia
comes after years of legal battles by prosecutors to seize U.S. properties they
say the oligarch and his partners bought with money stolen from his former bank
the losses large enough to cripple the country's economy and moved into the
United States between 2008 and 2015.
Investigation found that after the purchase of the real
estate including steel plants, skyscrapers, and office parks they failed to pay
millions in property taxes, shuttered factories, and left hundreds of
steelworkers without jobs.
Mr. Zelenskyy's decision last week represents a surprise
move by the Ukraine president, a former actor whose once popular TV show
appeared on a network owned by Mr. Kolomoisky and who owes much of his early
political success to the oligarch.
Though they were once close, the president has tried to
distance himself from Mr. Kolomoisky during his tenure, experts say. And he has
been under pressure because of the need to respond to the criminal case in the
United States and to continue to appease a U.S. government that has been
cracking down on kleptocracy and providing funds for Ukraine’s war.
Since the Russian invasion, the U.S. has funneled billions
to the country, including a new $270 million military package.
Just last week, a panel of U.S. senators led a hearing to
look for ways to speed up the seizure of assets owned by Russian oligarchs --
including yachts, money and artwork and use it to help Ukraine to rebuild.
So far, the stripping of the oligarch's citizenship has not
been published by the government and the president's office has yet to make a
statement. But two sources close to the president and who spoke to the
Post-Gazette on the condition of anonymity confirmed the president’s order.
For years, Mr. Kolomoisky was safe in his native country
because there’s no extradition treaty between the United States and Ukraine.
But without citizenship, he’s open to being taken into
custody and sent to the U.S.
Mr. Kolomoisky, who was banned from the U.S. by the State Department
last year over corrupt practices, did not respond Saturday to repeated
interview requests.
In addition to Mr. Kolomoisky, nine others, including
Gennady Korban, chief of the Dnipropetrovsk Oblast Territorial Defense Force
and a one-time ally of the oligarch, and Vadym Rabinovich, leader of the
pro-Russian political party, have been stripped of their citizenships,
according to a document posted on Facebook and reported by The New Voice of
Ukraine news outlet.
Mr. Herbst, the former U.S. ambassador to Ukraine, said he
believes such action comes at a critical time for the nation.
"Zelenskyy is heroically leading the country. And they
are very much aware that their image has a corruption problem," he said.
In recent days, Mr. Zelenskyy fired the head of Ukraine’s
spy agency and the prosecutor general over concerns of alleged treason within
their agencies.
Paul Pelletier, a former federal prosecutor and fraud chief
at the U.S. Department of Justice, said one of the reasons that Mr. Zelenskyy
is taking action against Mr. Kolomoisky is to answer any criticism of the
United States for its efforts to help a country known for corrupt leaders.
"I think this is showing in a very tangible way that
Zelenskyy is not your typical Ukrainian leader and he is not going to tolerate
corruption," he said. "It's purposeful and he's [messing] with the
most powerful people in his country."
The U.S. departments of Justice and State did not respond to
media inquiries Saturday.
The actions in Ukraine follow the first ongoing federal
money laundering investigation into the steel industry and a case that has
deeply impacted the lives of steelworkers in the Midwest.
In Ohio, Mr. Kolomoisky and his partners purchased a factory
in Warren, but over time it was plagued with dangerous breakdowns after workers
said the owners failed to invest in safety and to clean up rampant hazardous
waste violations.
Two explosions inside the plant left some workers badly
injured and disabled, records and interviews show.
"It hit the heartland and it directly impacted peoples'
lives," said Mr. Pelletier, who once led laundering prosecutions in Miami.
"Most people never see [the effects of] money laundering as vividly as
this."
In Illinois, Mr. Kolomoisky and his partners bought a
shuttered cell phone factory, pledging to find tenants and create jobs. And
ultimately, they stopped paying the taxes and the utility bills, owing hundreds
of thousands of dollars.
They shuttered the Warren Steel plant in 2016, owing
millions in utility bills and to local businesses, while leaving 162 workers
without jobs.
"This destroyed my life," said Brian Shaffer, who
was left disabled from injuries during a blast in 2010. "We put all we had
into that place, and they left us with nothing."
Over the past two years, prosecutors have seized some of the
properties or have forced Mr. Kolomoisky and his associates to sell them to
recover millions of dollars in what was once a real estate empire, including 13
steel mills, five skyscrapers, and two office parks. In all, nearly $760
million was used to pay for the real estate and other expenses, records show.
Acting on a search warrant, federal agents descended on the
company's offices in Cleveland and Miami in 2020, hauling away boxes of
records, but so far, no charges have been publicly filed.
Former Ukraine General Prosecutor Ruslan Ryaboshapka, who
met with U.S. law enforcement agents in Kyiv in 2020, said he discussed
extradition terms with them and that he favored finding a way to send the
oligarch to the U.S. if charges are filed.
Because Mr. Kolomoisky was a Ukraine citizen, it would have
been difficult, but this lifts a hurdle.
"This is absolutely real if there is political will in
Ukraine," he said. "Now the extradition is closer -- it remains to
file charges in the U.S.A."
A legal expert in Kyiv, who spoke to the Post-Gazette on the
condition of anonymity because of the sensitivity of the matter, said he
expects Mr. Kolomoisky and his lawyers to fight the action, arguing that there
is no provision in the Ukraine Constitution to strip someone of his birthright.
A dispute has emerged over whether the president can draw on
legislative authority to strip people of their naturalization, or whether the
constitution prohibits it.
Though the president's order will likely gain international
support in some countries, any move by Ukraine authorities to take the oligarch
into custody and deliver him to U.S. law enforcement will be challenged, he
said.
Despite any legal efforts by Mr. Kolomoisky, who has filed
hundreds of lawsuits to gain control of his former bank, the president's order
is critical in letting the world know where he stands, said Kenneth McCallion,
a former federal prosecutor who once represented former Ukraine Prime Minister
Yulia Tymoshenko.
It will "break the stranglehold that the oligarchs such
as Kolomoisky have had over politics and the economy," he said.
"Zelenskyy and his advisers have finally come to the realization that even
if they can successfully fend off the Russian invasion of Ukraine, the victory
will be a pyrrhic one unless the country can function as a true democracy,
rather than an oligarchy with only the trappings of democratic
structures."
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