US Court Refusal to Acquit Klyushin Reduces Constitution's Venue Provisions - Lawyer

WASHINGTON (Sputnik) - A US court’s denial of request by Russian businessman Vladislav Klyushin to acquit his convictions on conspiracy and fraud charges based on an improper legal venue significantly diminishes the Constitution’s vicinage and venue provisions, Klyushin’s lawyer Maksim Nemtsev told Sputnik.

The order was signed by Judge Patti Saris of the US District Court for the District of Massachusetts. The filing said a rational jury had sufficient evidence to conclude that essential elements of the crimes occurred in Massachusetts under a preponderance standard.

"While we respect the court's decision, today’s order significantly reduces the protections of the Constitution's vicenage and venue provisions by allowing individuals to be charged in jurisdictions where an electronic signal passed through regardless of whether that signal was intentional or foreseeable," Nemtsev said.

"In an internet age, this could lead individuals to face charges in virtually any jurisdictions in the United States limited solely by the government’s unilateral charging decisions."

Earlier this year, a jury in Boston found Klyushin guilty of conspiracy to obtain unauthorized access to computers, wire fraud and securities fraud. Klyushin moved for a judgment of acquittal, based on the argument that Boston was not a proper venue for his trial.

Also on Wednesday, a US court canceled the sentencing of Klyushin. Nemtsev told Sputnik that the defense for Klyushin is now awaiting a new date for his sentencing.

Klyushin was arrested in Switzerland in March of 2021 and extradited to the United States later that year.