United States v. Danchenko (1:21-cr-00245)

INDICTMENT as to Igor Y. Danchenko (1) count(s) 1-5. (jlan) (Entered: 11/03/2021)

MOTION to Seal by USA as to Igor Y. Danchenko. (jlan) (Entered: 11/03/2021)

Arrest Warrant Issued in case as to Igor Y. Danchenko. (jlan) (Entered: 11/03/2021)

Case unsealed as to Igor Y. Danchenko (per U.S. Attorney's Office). (tfitz, )

Pretrial Services Bond REPORT (Initial Pretrial Services Bond Report) (SEALED - government and defense counsel) as to Igor Y. Danchenko. (Ayala, Emerita)

ORDER Setting Conditions of Release as to Igor Y. Danchenko (1) PR BOND. Signed by Magistrate Judge Theresa Carroll Buchanan on 11/4/21. (tfitz, ) (Entered: 11/05/2021)

ORDER - This matter comes before the Court on its own initiative. Pursuant to Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, Pub. L. No 116-182, 134 Stat. 894 (Oct. 21, 2020), the Court ORDERS the United States to adhere to the disclosure obligations set forth in Brady v. Maryland, 373 U.S. 83 (1963) and its progeny. Brady v. Maryland instructs that the suppression by the prosecution of evidence favorable to an accused violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution. 373 U.S. at 87. Failure to adhere to this requirement may result in serious consequences, up to and including vacating a conviction or disciplinary action against the prosecution. Having given counsel the oral admonition required by the Due Process Protections Act, this Order serves as the reminder of prosecutorial obligation and duties in accordance with Rule 5(f) and the Eastern District of Virginia Standing Order concerning the same as to Igor Y. Danchenko.. Signed by Magistrate Judge Theresa Carroll Buchanan on 11/4/21. (tfitz, ) (Entered: 11/05/2021)

NOTICE OF ATTORNEY APPEARANCE Jonathan Edgar Algor, IV appearing for USA. (Algor, Jonathan) (Entered: 11/10/2021)

ORDER with respect to Jury Trial instructions. Signed by District Judge Anthony J. Trenga on 11/10/2021. (dzir) (Entered: 11/10/2021)

ORDERED that a status conference be, and the same hereby is, SCHEDULED in this matter for Wednesday, December 15, 2021, at 9:00 a.m., to discuss the status of discovery, defense counsel's clearances, and such other issues that relate to the progress of the case. Signed by District Judge Anthony J Trenga on 11/16/2021. (dvanm, ) (Entered: 11/16/2021)

Arrest Warrant Returned Executed on 11/04/2021 in case as to Igor Y. Danchenko. (jlan) (Entered: 11/19/2021)

NOTICE OF ATTORNEY APPEARANCE: Christopher Michael Schafbuch appearing for Igor Y. Danchenko (Schafbuch, Christopher) (Entered: 11/29/2021)

First MOTION for Protective Order governing unclassified discovery by USA as to Igor Y. Danchenko. (Keilty, Michael) (Entered: 11/29/2021)

NOTICE OF ATTORNEY APPEARANCE: Stuart Alexander Sears appearing for Igor Y. Danchenko (Sears, Stuart) (Entered: 12/03/2021)

MOTION to Withdraw as Attorney by Christopher M. Schafbuch and Mark E. Schamel. by Igor Y. Danchenko. (Schafbuch, Christopher) (Entered: 12/06/2021)

Motion to appear Pro Hac Vice by Danny Onorato and Certification of Local Counsel Stuart Sears (Filing fee $ 75 receipt number AVAEDC-8154000.) by Igor Y. Danchenko. (Sears, Stuart) (Entered: 12/14/2021)

Minute Entry for proceedings held before District Judge Anthony J. Trenga: Status Conference as to Igor Y. Danchenko held on 12/15/2021. U.S. appeared through Michael Keilty, Andrew DeFilippis, and Jonathan Algor, IV. Defendant appeared with counsel, Stuart Sears and Danny Onorato. The Court will grant the motion for the entry of a Protective Order. Counsel is to submit filings in reference to Section 4 and Section 5 disclosures and is to include the Government's estimated discovery completion date. Additional Status Conference set for 1/12/2022 at 9:00 a.m. The Court grants the Defendant's request to travel as listed on the itinerary submitted to the Court and within Virginia as approved and directed by the probation officer. Status Conference set for 1/12/2022 at 09:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Defendant continued on release. (Court Reporter R. Montgomery)(dzir) (Entered: 12/15/2021)

Protective Order as to Igor Y. Danchenko. Signed by District Judge Anthony J. Trenga on 12/15/2021. (dzir) (Entered: 12/16/2021)

First MOTION to Inquire Re Potential Conflict by USA as to Igor Y. Danchenko. (Keilty, Michael) (Entered: 12/17/2021)

NOTICE of Waiver of Any Actual or Potential Conflicts of Interest by Igor Y. Danchenko (Attachments: # 1 Exhibit Waiver of Actual or Potential Conflicts of Interest)(Sears, Stuart) (Entered: 12/24/2021)

Minute Entry for proceedings held before District Judge Anthony J. Trenga: Status Conference as to Igor Y. Danchenko held on 1/12/2022. U.S. appeared through Andrew DeFillipis, Jonathan Algor, IV, and Michael Keilty. Defendant appeared with counsel, Danny Onorato. Defendant orally waives speedy trial. Motions are to be submitted by September 2, 2022. Jury Trial reset for 10/11/2022 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Status Conference before Trial reset for 10/11/2022 at 09:00 AM before District Judge Anthony J. Trenga. Defendant continued on bond. (Court Reporter R. Montgomery)(dzir) (Entered: 01/12/2022)

Set/Reset Deadlines in case as to Igor Y. Danchenko: Ex Parte Section 4 Hearing set for 5/3/2022 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. (dzir)

ORDERED that the Motion to Inquire into Potential Conflicts of Interest 35 be, and the same hereby is, GRANTED and Defendant's waiver is accepted. Signed by District Judge Anthony J. Trenga on 1/12/2022. (dzir) (Entered: 01/12/2022)

Subpoena Issued in case as to Igor Y. Danchenko. (dvanm) Modified to correct type of service on 2/9/2022 (dvanm).

ORDERED that the Government's Consent Motion to Adjourn the Classified Discovery and CIPA Schedule 44 be, and the same hereby is, GRANTED, and the following pretrial deadlines shall apply: (see Order for details). Signed by District Judge Anthony J. Trenga on 3/23/2022. (dzir) (Entered: 03/23/2022)

MOTION to Travel by Igor Y. Danchenko. (Attachments: # 1 Proposed Order)(Sears, Stuart) (Entered: 03/30/2022)

Second MOTION for Extension to Produce Classified Discovery by USA as to Igor Y. Danchenko. (Keilty, Michael) (Entered: 05/09/2022)

ORDERED that the Government's Second Motion to Adjourn the Classified Discovery and CIPA Schedule [Doc. No. 48] be, and the same hereby is, GRANTED IN PART and DENIED IN PART. The Motion is GRANTED to the extent that the following revised pretrial deadlines shall apply: Government's Section 4 filing: June 7, 2022; Deadline to produce classified discovery: June 13, 2022; Ex parte Section 4 hearing: June 15, 2022; Defendant's Section 5(a) written notice: July 25, 2022 Government's response to defendant's Section 5(a): August 15, 2022; Defendant's reply: August 22, 2022 And the Motion is otherwise DENIED. Signed by District Judge Anthony J Trenga on 5/12/2022. (dvanm) (Entered: 05/13/2022)

ORDERED that the Court will hold a hearing on any outstanding CIPA-related motions or issues on August 30, 2022 at 9:00 a.m.; it is further ORDERED that the Government disclose all Jencks information to the Defendant in this case on or before September 1, 2022; it is further ORDERED that the Government provide to Defense counsel all exhibits it intends to introduce at trial on or before September 1, 2022; it is further ORDERED that the Defendant file any objections to the Government's exhibits along with supporting reasons for the objection on or before September 15, 2022. Any objections not made before the deadline will be deemed waved; and it is further ORDERED that the parties appear before the Court on September 22, 2022, at 9:00 a.m. for a Status Conference. Sealed CIPA Hearing set for 8/30/2022 at 09:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Status Conference set for 9/22/2022 at 09:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Signed by District Judge Anthony J. Trenga on 5/23/2022. (dzir) (dzir, ) (Entered: 05/24/2022)

Reset Hearings as to Igor Y. Danchenko: Ex Parte CIPA Hearing set for 6/15/2022 at 09:00 AM before District Judge Anthony J Trenga. Under Seal CIPA Hearing set for 8/30/2022 at 09:00 AM before District Judge Anthony J Trenga. (jlan)

Set/Reset Hearings as to Igor Y. Danchenko: CIPA Hearing set for 6/22/2022 at 08:00 AM before District Judge Anthony J Trenga. CIPA Hearing set for 8/30/2022 at 09:00 AM before District Judge Anthony J Trenga. (dvanm)

Set/Reset Hearings as to Igor Y. Danchenko: CIPA Hearing set for 6/22/2022 at 08:00 AM before District Judge Anthony J Trenga. CIPA Hearing set for 8/30/2022 at 09:00 AM before District Judge Anthony J Trenga. (dvanm) Modified to correct filing date on 6/16/2022 (dvanm).

Minute Entry for proceedings held before District Judge Anthony J. Trenga: Sealed Minutes held on 6/22/2022 (Court Reporter J. Egal)(dzir) (Entered: 06/22/2022)

ORDERED that the parties appear before the Court on July 28, 2022, at 2:00 p.m. for a status conference. Signed by District Judge Anthony J Trenga on 06/22/2022. (dvanm) (Entered: 06/22/2022)

Blank Subpoenas issued for hearing on 10/11/2022. (jlan) (Entered: 07/12/2022)

Reset Deadlines/Hearings as to Igor Y. Danchenko: Status Conference set for 8/1/2022 at 02:00 PM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (swil)

ORDER granting 59 Consent Motion to Extend Deadline for Defendant's Section 5(a) Written Notice. ORDERS that the deadline for the filing of Defendant's Section 5(a) written notice is extended from July 25, 2022, to August 2, 2022 as to Igor Y. Danchenko (1). Signed by District Judge Anthony J Trenga on 7/21/2022. (swil) (Entered: 07/21/2022)

Minute Entry for proceedings held before District Judge Anthony J. Trenga: Status Conference as to Igor Y. Danchenko held on 8/1/2022. U.S. appeared through John Durham, Michael Keilty, and Adam Small. Defendant appeared with counsel, Stuart Sears and Danny Onorato. Counsel advises the Court that they have no issues to address. Counsel estimates their case at trial to last 5-6 days. Defendant continued on release. (Court Reporter D. Salters)(dzir) (Entered: 08/02/2022)

TRANSCRIPT of Proceedings held on 8-1-22, before Judge A. Trenga. Court reporter/transcriber Diane Salters, Telephone number 301-338-8033. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 9/5/2022. Redacted Transcript Deadline set for 10/5/2022. Release of Transcript Restriction set for 11/3/2022.(Salters, Diane) (Entered: 08/05/2022)

NOTICE of Filing of the Government's Classified Supplemental Motion for a Protective Order Pursuant to Classified Information Procedures Act Section 4 and Federal Rule of Criminal Procedure 16(d)(1) by USA as to Igor Y. Danchenko (Keilty, Michael) (Entered: 08/09/2022)

Notice to Discontinue receipt of Notices of Electronic Filing in this case by USA as to Igor Y. Danchenko (DeFilippis, Andrew) (Entered: 08/21/2022)

Protective Order as to Igor Y. Danchenko. Signed by District Judge Anthony J Trenga on 8/26/2022. (lcre, ) (Entered: 08/26/2022)

ORDERED that the Section 6 hearing scheduled for Tuesday, August 30, 2022, at 9:00 a.m. shall be held in camera, following which the Court will determine whether the transcript of that hearing shall be sealed in accordance with Section 6(d). Signed by District Judge Anthony J Trenga on 8/29/2022. (lcre, ) (Entered: 08/29/2022)

Minute Entry for proceedings held before District Judge Anthony J. Trenga: Sealed Minutes held on 8/30/2022 (Court Reporter R. Montgomery)(dzir)

MOTION to Seal by USA as to Igor Y. Danchenko. (Keilty, Michael) (Entered: 09/01/2022)

ORDER granting 75 Motion to Seal as to Igor Y. Danchenko. Signed by District Judge Anthony J Trenga on 09/2/2022. (dvanm) (Entered: 09/02/2022)

MOTION to Dismiss the Indictment by Igor Y. Danchenko. (Sears, Stuart) (Entered: 09/02/2022)

ORDERED that 80 the Motion to Unseal is GRANTED and the Government's Motions in Limine (ECF No. 78) be unsealed. Signed by District Judge Anthony J Trenga on 09/13/2022. (dvanm) (Entered: 09/13/2022)

RESPONSE in Opposition by USA as to Igor Y. Danchenko re 79 MOTION to Dismiss the Indictment (Keilty, Michael) (Entered: 09/16/2022)

NOTICE Regarding Supplemental CIPA Section 5 Filing by Igor Y. Danchenko (Sears, Stuart) (Entered: 09/20/2022)

ORDERED that the parties' respective replies to their previously filed motions shall be filed by September 23, 2022. Signed by District Judge Anthony J Trenga on 09/21/2022. (tran) (Entered: 09/21/2022)

REPLY TO RESPONSE to by Igor Y. Danchenko re 83 Response in Opposition, 79 MOTION to Dismiss the Indictment (Sears, Stuart) (Entered: 09/23/2022)

REPLY TO RESPONSE to USA as to Igor Y. Danchenko re 84 Opposition (Keilty, Michael) (Entered: 09/23/2022)

Minute Entry for proceedings held before District Judge Anthony J Trenga: Motion Hearing as to Igor Y. Danchenko held on 9/29/2022. US appeared through: Deborah Brittain Shaw, John Durham, and Michael Keilty. Deft appeared w/counsel Stuart Sears and Danny Onorato. Defendant's 79 Motion to Dismiss the Indictment - Argued and Denied. Government's 78 Motion in Limine - Argued and taken under advisement. The Court indicated that the parties would be notified on the jurors stricken for cause based on the questionnaire. The Court further indicated that 4 alternates would be empaneled and that the standard number of peremptory strikes would be given for the 12, and two additional strikes would be given for the alternates.Counsel indicted they will notify the court if any additional CIPA issues will need to be addressed. Deft cont'd on bond. (Court Reporter: R. Montgomery)(tarm, ) (Entered: 09/29/2022)

ORDER that the following prospective jurors are excused for cause (See Order for details) Signed by District Judge Anthony J Trenga on 9/29/22. (tarm) (Entered: 09/29/2022)

ORDER granting 96 Motion for Electronic Device Application as to Igor Y. Danchenko. Kori Arsenault, Michael Keilty, and Deborah Brittain Shaw are authorized to bring three (3) laptops into the U.S. District Court for the EDVA. Signed by District Judge Anthony J Trenga on 09/30/2022. (see order for details0 (dvanm) (Entered: 09/30/2022)

MOTION in Limine to Exclude Evidence and Argument Regarding Omissions and Uncharged Statements by Igor Y. Danchenko. (Sears, Stuart) (Entered: 10/03/2022)

ORDER granting in part and denying in part 78 Ominbus Motion in Limine (see Order for details) as to Igor Y. Danchenko (1). Signed by District Judge Anthony J Trenga on 10/4/2022. (swil) (Entered: 10/04/2022)

EXHIBIT LIST by USA as to Igor Y. Danchenko (Keilty, Michael) (Entered: 10/06/2022)

MOTION to Seal by USA as to Igor Y. Danchenko. (Keilty, Michael) (Entered: 10/07/2022)

Under Seal Witness List filed by Government. (dvanm) Document Unsealed, per Order Dkt. 117 Modified on 10/13/2022 (tran, ). (Entered: 10/13/2022)

Memorandum by USA as to Igor Y. Danchenko Government Objections to Defendant's Proposed Jury Instructions (Shaw, Deborah) (Entered: 10/09/2022)

Defense Trial Exhibits (14 binders) Received and forwarded to courtroom 701. (dvanm) (Entered: 10/11/2022)

TRANSCRIPT of Proceedings held on 10/11/22 (Day 1 of Jury Trial - AM Session), before Judge Anthony J. Trenga. Court Reporter Rhonda Montgomery, Telephone Number 703-299-4599. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after ninety (90) calendar days. The policy is located on our website at www.vaed.uscourts.gov . Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/10/2022. Redacted Transcript Deadline set for 12/12/2022. Release of Transcript Restriction set for 1/9/2023.(Montgomery, Rhonda) (Entered: 10/11/2022)

Minute Entry for proceedings held before District Judge Anthony J Trenga: Status Conference before Trial and Jury Trial (Day 2) as to Igor Y. Danchenko held on 10/12/2022.USA appeared through John Durham, Michael Keilty, Brittany Shaw, Ryan James (special agent), Kari Arsenault (special paralegal).Defendant appeared with counsels, Danny Onorato, Stuart Sears, Matthew Milzman (paralegal), Charles Tent (paralegal) and Grace McMahon (paralegal).Preliminary matters discussed. Note received from jury, discussed with counsels, and response given to the jurors in open court. Government continued to adduce evidence. Jurors excused at 05:41PM and Status Conference before Trial set for 10/13/2022 at 09:00 AM before District Judge Anthony J Trenga. Jury Trial reset for 10/13/2022 at 09:30 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga.Defendant cont'd on bond. Court Reporter: R. Montgomery (AM) / Tonia Harris (PM)(tran) Modified on 10/12/2022 (tran). (Entered: 10/12/2022)

ORDERED that, pursuant to the Court's earlier ruling [Doc. No. 111 ], the Government's Witness List [Doc. No. 116 ] shall be unsealed. Signed by District Judge Anthony J Trenga on 10/13/2022. (tran) (Entered: 10/13/2022)

TRANSCRIPT of Proceedings held on 10/13/22 (Day 3 of Jury Trial - AM Session), before Judge Anthony J. Trenga. Court Reporter Rhonda Montgomery, Telephone Number 703-299-4599. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after ninety (90) calendar days. The policy is located on our website at www.vaed.uscourts.gov . Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/14/2022. Redacted Transcript Deadline set for 12/14/2022. Release of Transcript Restriction set for 1/12/2023.(Montgomery, Rhonda) (Entered: 10/14/2022)

TRANSCRIPT of Proceedings held on 10/14/22 (Day 4 of Jury Trial - AM Session), before Judge Anthony J. Trenga. Court Reporter Rhonda Montgomery, Telephone Number 703-299-4599. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after ninety 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov . Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/14/2022. Redacted Transcript Deadline set for 12/14/2022. Release of Transcript Restriction set for 1/12/2023.(Montgomery, Rhonda) (Entered: 10/14/2022)

TRANSCRIPT of PM Proceedings (Volume 3) held on 10/13/2022, before Judge A. Trenga. Court reporter/transcriber Tonia Harris, Telephone number 703-646-1438 or bh.reporting13@gmail.com. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/14/2022. Redacted Transcript Deadline set for 12/15/2022. Release of Transcript Restriction set for 1/13/2023.(harris, tonia) (Entered: 10/15/2022)

Minute Entry for proceedings held before District Judge Anthony J. Trenga: Jury Trial (Day 5) as to Igor Y. Danchenko held on 10/17/2022. Counsel and Defendant appeared same as previous days. Government rests. Defendant enters stipulation and rests. Jury Instructions given. Closing arguments heard. Jury charged and retired to begin deliberations. Jury Trial (Day 6) set for 10/18/2022 at 09:30 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Defendant continued on bond. (Court Reporter R. Montgomery)(dzir) (Entered: 10/17/2022)

Upon consideration of the Defendant's Motion for a Judgment of Acquittal pursuant to Federal Rule of Criminal Procedure 29, the Court granted Defendant's Motion as to Count 1 of the Indictment in open Court on October 14, 2022, and, pursuant to Federal Rule of Criminal Procedure 29(b), reserved its decision on Defendant's Motion as to Counts II-V of the Indictment, and in connection with the grant of Defendant's Motion as to Count 1, the Clerk is directed to enter a Judgment of Acquittal as to Count 1. Signed by District Judge Anthony J. Trenga on 10/17/2022. (dzir) (Entered: 10/18/2022)

Minute Entry for proceedings held before District Judge Anthony J. Trenga: Jury Trial (Day 6) as to Igor Y. Danchenko held on 10/18/2022. Counsel appeared same as previous days. Jury continues deliberations. Jury returns with a verdict of Not Guilty as to all remaining Counts (Counts 2-5). Jury polled. Jury discharged. Defendant acquitted of all charges, exonerated of any and all bond conditions, and released. (Attachments: # 1 Government Witness List, # 2 Government Exhibit List, # 3 Defendant Exhibit List, # 4 Jury Notes, # 5 Jury Instructions, # 6 Exhibit Certificate of Review)(Court Reporter R. Montgomery)(dzir) (Entered: 10/19/2022)

TRANSCRIPT of Proceedings held on 10/18/22 (Day 6 of Jury Trial), before Judge Anthony J. Trenga. Court Reporter Rhonda Montgomery, Telephone Number 703-299-4599. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after ninety (90) calendar days. The policy is located on our website at www.vaed.uscourts.gov . Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/18/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 1/17/2023.(Montgomery, Rhonda) (Entered: 10/19/2022)