“[…] Russia will chop Ukraine into three pieces. The Baltic states and Finland are next. NATO is doomed.” These words were written by the suspect via a chat. The Public Prosecution Service (OM) demands 3 years of imprisonment and a 5-year professional ban for the 58-year-old Russian-Dutch man from Gorssel. The OM suspects him of violating the sanctions law and committing forgery. In the first instance, 3 years of imprisonment was demanded against the suspect. The Rotterdam court sentenced the suspect on October 31, 2023, to 18 months of imprisonment. Both the suspect and the OM have appealed. In the case of Woerd-Tech BV, the suspects company, the appeal has been withdrawn by both the suspect and the OM; the fine of €200,000 imposed by the court is therefore final.
From ballet shoes to microchips and semiconductors
The suspect initially sold ballet shoes and matryoshka dolls, but in the year of Russias illegal annexation of Crimea, he quickly switched to technological goods such as microchips, semiconductors, integrated circuits, and other electronics that he sold to a Russian buyer, the suspected purchasing organization of a Russian company. The suspects brother-in-law is the CEO of that Russian company. The company not only has a license from the Russian security service FSB, but it also has Russian customers who are active in the defense industry and are mainly (indirectly) owned by a state defense company. The goods exported by the suspect are important for the Russian arms industry and defense.
Reason for investigation of dual-use goods
On August 4, 2022, the Financial Intelligence Unit (FIU) provided a report to the FIOD regarding the suspects company. According to the report from a Dutch bank, an amount of €1,169,450.73 was transferred from a Russian company to the suspects company between February 25, 2022, and July 4, 2022. The report also states that the largest market for the suspects company is Russia and that there was trading in dual-use goods. After the tightening of sanctions due to Russias invasion of Ukraine, there was a four-month silence at the suspects company. After that, trade with Russia resumed, but now via, among others, the Maldives and other countries. The companys revenue increased significantly, thus the suspect profited from the war in Ukraine, according to the OM. The FIOD subsequently initiated an investigation. Less than two weeks after starting the investigation, the FIOD intervened and a search took place at the suspects residence.
Ideological allegiance and loyalty to Russia
“The suspects motive was the conscious and deliberate circumvention of the restrictions imposed by the European Union. This was very lucrative for the suspect. At the same time, he demonstrated his loyalty and ideological allegiance to Russia by acting in this manner. Moreover, the suspect made no secret of how he thinks about the Russia-Ukraine conflict, as evidenced by the suspects telephone contacts via WhatsApp. The suspect is confronted during his interrogation with a cartoon he sent depicting President Zelensky and Hitler, to which the suspect stated that Zelensky would meet the same fate as Hitler. By his actions, the suspect has seriously undermined international and national legislation. He has enabled the Russian defense and security sector to access important Western technology that was in great demand,” according to the attorneys-general (prosecutors in appeal). “The OM finds the punishment appropriate because the suspect was fully aware of these prohibited factual actions. Although it is not a requirement that the suspect was also aware of the fact that he was violating the sanctions law, the suspect was all too aware of this. Shortly after the imposition of sanctions in 2022, the suspect stated to his accountant that trade was dead, but he himself sought another route to continue exporting electronic goods to Russia. On February 25, 2022, the suspect sent to a contact: “Lesha, it can go via Kazakhstan.”
Circumvention of sanctions must be addressed strictly and discouragingly according to the OM
The suspects company used sham constructions to export goods to Russia. The company achieved a revenue of over €1.4 million during the proven period. Therefore, the OM demands the confiscation of the unlawfully obtained benefit of €72,697.71.