In 2018, all the media wrote that in the United States, a Russian hacker was released right from the courtroom. The cybercriminal's defense was represented by lawyer Igor Litvak. This case caused a great resonance and showed in practice that with the correct construction of protection, hackers can avoid severe punishment even in America. Litvak has many successful cases to his credit and can safely be called a leading specialist in cybercrime. Today, our editorial staff is ready to share an interesting interview with the legendary lawyer and learn even more details about his professional activities.
CyberSec: Igor, tell us how it all started? How and when did you decide to become a lawyer?
Igor Litvak: I decided to become a lawyer when I was still living in Vorkuta. Vorkuta – this city has a rather difficult past, at one time Stalin sent political prisoners there. All of this from an early age fostered in me a keen desire to fight injustice. Even then, I became interested in law and dreamed of defending people. Therefore, I came to the choice of the legal profession consciously. I studied a lot, and I don't stop doing it now. I am constantly improving my knowledge level. We can say that my youthful dream has come true and I am doing what I love.
CyberSec: Igor, your dream has come true. You successfully protect people. But you have chosen an interesting direction for yourself. tell us what is the specifics of working with cybercrime?
Igor Litvak: There are many peculiarities in this direction. To begin with, a lawyer who deals with cybercrime should have a technical background. I am interested in the IT field, and I took courses in programming and Database management back in college.
In addition to the terms and technical part, you need to understand how the world of cybercrime works. You need to understand how people earn money here, and understand all the schemes. Another feature of cybercrime is the huge amount of information that is contained in the evidence database. During an investigation, secret service or FBI agents usually confiscate computers and servers, so investigations take a very long time. And the lawyer who undertakes to work with the case needs to study all this information. This takes a large amount of time.
CyberSec: In Russia, cybercrime is very rarely heard. And how are things in the US? What departments are involved in such investigations?
Igor Litvak: In the US, the secret service is usually responsible for large-scale cyber attacks. This is the same service that protects the President, and they are interested in international Affairs. The secret service has very strong capabilities, thanks to which they arrest people all over the world. They have their own informants in almost every country. Over the past twenty years, the secret service has made great progress in the fight against cybercrime. Even the FBI is a little jealous of them and turns to them for help in investigations related to national security or elections.
СyberSec: How often does America seek extradition?
Igor Litvak: Almost always. In the last ten years, as far as cybercrime is concerned, I can't name a single case where a person could get his extradition revoked. The U.S. attorney's office requests extradition only when it believes that it is 75% sure that it is right. Relatively recently, the case of Denis Kaznacheyev, who was released on bail by Germany, has caused quite a stir. I don't have any secret information, I only know that the process is underway. And we can all watch and wait to see how it all ends.
СyberSec: Does the foreign Ministry of Russia and other CIS countries help their citizens? If so, how?
Igor Litvak: It is difficult for the Ministry of foreign Affairs to provide legal assistance itself, unless only they can hire a lawyer for their citizen, but they rarely do this. As a rule, the suspect hires a lawyer himself. But they can handle various issues with the pre-trial detention center, establish contact with relatives, and solve other pressing problems. And the Ministry of foreign Affairs is doing it, they are doing great in this.
СyberSec: If a person suspects that an investigation is being conducted against them in the United States, how do I find out the details and is there any way to resolve the situation?
Igor Litvak: It is worth noting that the investigation is a secret process. No one will warn you about this in advance. But if you suspect that you are wanted and want to resolve the situation, you can start cooperation. In my law practice, there were cases when clients negotiated with the US authorities. But even in this case, you will most likely need to come to the United States, because being in the CIS it will be very problematic to completely close your criminal case.
There is also such a thing as "immunity". In this case, a cooperation agreement is signed with the US authorities. And in exchange for certain information, America agrees not to open a criminal case. And in some cases, it can even close a criminal case that is underway. It is worth noting that it is not easy to get immunity, but only if you have very unusual information that the United States can no longer get. And this happens very, very rarely.
Cybersec: What to do if you are arrested in a foreign country? Please tell us what are the first and most necessary steps to take?
Igor Litvak: First, don't negotiate anything. If you have a financial opportunity, hire a local lawyer to help you understand local legislation and assess your options. However, if the Prosecutor in the case is the United States, I recommend that you contact me immediately in order to immediately initiate a proper defense process. If a person is interested, I can contact the Prosecutor's office and start preliminary negotiations. After all, the initial correct steps always affect the outcome of the whole case. If you are detained, you have several options. You can start fighting extradition, which usually takes up to a year. Or you can agree to extradition and go straight to the United States. I never tell my clients what to do. I explain all possible scenarios. And a person, after weighing all the pros and cons, independently makes a decision.
СyberSec: What is the sequence of actions of the American justice system after the arrest? What options does the detainee have?
Igor Litvak: First, the issue of extradition is decided. As a rule, in the United States, nothing happens until then, except when a person immediately after arrest goes to cooperate. But most often, people prefer to fight extradition. As I said before, this process takes up to a year. If the extradition is granted, the detainee is transferred to America, where the whole process begins. A person gets to the first hearing in the United States, which is called "arraignment". The charges brought against him are read out there, and the defendant either admits or does not admit his guilt. Further, depending on the decision of the detainee himself, the order of procedures is built up.
I always suggest different ways to circumvent a jury trial and also how to potentially win it. If the detainee decides to "fight", preparation for a jury trial begins. Also, a person can admit his guilt at any stage of the process. If you admit guilt, you can cooperate with the investigation. However, you can make a deal and plead guilty without cooperation.
In any case, I always take into account the indictment and the evidence provided by the Prosecutor's Office to build the defense process. Then I start negotiations with the Prosecutor's office, trying to "beat out" the best possible deal for the client. After that, we have to prepare for sentencing, which may take 6 months. All this is quite painstaking and long work.
If a person has decided to cooperate, then they can count on a good deal, especially if they have enough information that they want to provide. In this case, it is most important that the lawyer conducts the negotiations correctly. The outcome of the transaction depends on the quality of these negotiations. If the Prosecutor's office finds cooperation useful, it can send a special 5q1 letter to the court and recommend reducing the possible time limit. This email is submitted to the court in private, and it is not displayed in the General file of the trial. This is a legal instrument of the Executive branch, which gives the judge the right to give a shorter term. Even less than the one established by law. If a person admits guilt without cooperation, then they cannot count on a 5q1 letter. However, even with cooperation, the Prosecutor's office may find the transaction not useful enough and not give a letter. In this case, we are sure to tell the court about cooperation and ask to reduce the time limit, despite the decision of the Prosecutor's office. There are no guarantees, but with a 5q1 email, you are much more likely to expect a significant "discount" in court.
CyberSec: How often do cybercrime cases get tried by a jury? Did you represent the interests of cybercriminals at the jury trial? Share your professional experience.
Igor Litvak: It is very rare for a jury to hear such cases.In the last seven years, I can't think of more than five cases. But I have an excellent background in jury trials and even earned a master's degree in judicial defense from Temple University in Philadelphia, one of the leading universities in the United States. I always follow and study every such case with great attention. I closely followed the sentencing procedure and the jury trial of Yevgeny Nikulin. I managed to work with this case for a short time, right after Yevgeny's extradition to the United States. At the jury trial, Nikulin was represented by a state lawyer, but all this time I was in touch with Yevgeny and we discussed his possible options. Another jury trial of Alexander Zhukov is scheduled for the end of November. Zhukov is accused of creating the first “methbot” of its kind, which caused millions of dollars in damage to marketing companies. I defended Alexander and would like to represent his interests in a jury trial, but unfortunately, his financial situation has worsened. He will be represented in court by a free public defender. The procedure is scheduled for November 23 and will last three weeks. About 40 witnesses are expected to speak at the trial. Although I am no longer Alexander's lawyer, I will be there and help if possible.
CyberSec: for what crimes does the US insist on extradition in the first place? In addition to carding, many people are engaged in traffic arbitrage, online gambling or cryptocurrencies. How likely is it that the US will pursue such people?
Igor Litvak: US intelligence agencies focus on crimes that cause significant financial damage to the state, business or citizens. If just two adults are engaged in gambling and do not interfere with anyone, they are unlikely to fall into the focus of attention of the United States. Intelligence agencies are beginning to show interest in large-scale crimes, but recently they have also been closely monitoring national security and elections.
СyberSec: Do you have any personal contacts in the us government, among prosecutors or agents? How does this help you manage your business?
Igor Litvak: Having worked in this field for many years, I personally know many agents and prosecutors. I can't say that we are friends, we have a working relationship. But these relationships often help me. I already know in advance what I can offer and to whom, what deals are possible and what steps will be the most profitable. And that's why I have a huge advantage over other lawyers who haven't been working in the field of cybercrime for so long and don't have such connections. Quite often, these connections can be crucial. In addition to prosecutors and agents, I know a lot of hackers who respect me and can help my clients at the right time.
СyberSec: Igor, you are not afraid to take on complex cases. After all, in addition to successful cases, when the defendant left the courtroom, you represent the defense of Roman Seleznev, who received a long sentence and is considered a political prisoner. Tell us more about this case.
Igor Litvak: Roman Seleznev went to the jury trial. And he lost it. In this case, Roman's defense was represented by a very famous American lawyer, John brown, who at one time defended Mening, who leaked the scandalous information to Wikileaks to Julian Assange. And it was John brown who presented the defense's theory that Seleznev was innocent and that his computer was compromised by the security services after Roman's arrest. He was detained in the Maldives and taken to GUAM on a small private plane. According to the defense, it was during the flight that information containing evidence against Roman was implanted in Seleznev's computer. John brown was based on the fact that Seleznev is the son of a well-known Russian politician, whom the special services decided to frame. And with this theory, they went to the jury trial. However, Roman was found guilty on all charges, after which he fired John brown and turned to me for protection. He was given 27 years. We have filed appeals, and at the moment we have applied to the court with Habeas Corpus, and asked to temporarily relocate my client from prison to a hotel, until the end of the pandemic, for health reasons, and now we are waiting for the court's decision on this issue.
СyberSec: Who are Russian hackers? Based on your opinion and experience. Describe your psychological profile.
Igor Litvak: It is more correct, in my case, to say not hackers, but people who have been accused of cybercrime. As a rule, all those with whom I had to deal are very educated people, almost geniuses. They do not differ in cruelty, unlike the bulk of convicts. Almost everyone has their own families.
СyberSec: Why do you think Russian hackers are considered the most dangerous? Or is it a stereotype?
Igor Litvak: This is a stereotype. Any large country can boast of its "talents".
СyberSec: Give some advice to those who still decided to break the law.
Igor Litvak: My advice is simple: let your talents be used for "peaceful" purposes.
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