Bara­tov’s lawyer goes to U.S. in bid to speed case

Ac­cused hacker ‘can’t sit in jail any longer’

The Hamilton Spectator - - FRONT PAGE - CARMELA FRAGOMENI The Hamil­ton Spec­ta­tor

THE LAWYER for ac­cused An­caster hacker Karim Bara­tov says he has gone to Wash­ing­ton to meet with the FBI and dis­trict at­tor­ney in an ef­fort to ex­pe­dite his client’s day in court.

“They’ve been more than help­ful. We most likely can close this case a lot ear­lier,” lawyer Amadeo DiCarlo told re­porters out­side the Hamil­ton court­house on Fri­day.

“I hope I can skip the Cana­dian process and go straight to the U.S.”

DiCarlo is try­ing again to get Bara­tov out of jail to await his ex­tra­di­tion hear­ing. DiCarlo is ask­ing the On­tario Court of Ap­peals on June 5 to re­view the de­ci­sion by a Hamil­ton judge in April that de­nied Bara­tov bail.

Su­pe­rior Court Jus­tice Alan Whit­ten ruled at the time that Bara­tov was a flight risk.

The 22-year-old was ar­rested at his home in An­caster on March 14 in con­nec­tion with a pro­lific hack­ing scheme al­legedly or­ga­nized by Rus­sian in­tel­li­gence agents. The scheme is said to have breached about 500 mil­lion Ya­hoo email ac­counts and tar­geted diplo­mats, bu­reau­crats and oth­ers for po­lit­i­cal and fi­nan­cial gain.

U.S. au­thor­i­ties have charged Bara­tov, a Cana­dian cit­i­zen born in Kaza­khstan, with ag­gra­vated iden­tity theft and con­spir­ing to com­mit fraud. They want him ex­tra­dited south of the bor­der to deal with the charges.

But the time it is tak­ing to set an ex­tra­di­tion hear­ing while Bara­tov waits in jail has DiCarlo try­ing other av­enues, in­clud­ing his visit to U.S. au­thor­i­ties. An im­ped­ing fac­tor to speed­ing things up, the lawyer says, is that the de­fence has not re­ceived any dis­clo­sure — a copy of the ev­i­dence col­lected against Bara­tov.Bara­tov

DiCarlo said Bara­tov can’t make any de­ci­sions, in­clud­ing whether to go through with an ex­tra­di­tion hear­ing, with­out it.

Bara­tov made a brief ap­pear­ance in a Hamil­ton court­room Fri­day morn­ing to have a date set for his ex­tra­di­tion hear­ing, but that ac­tion was post­poned to June 16. DiCarlo said he plans to make a for­mal ap­pli­ca­tion for dis­clo­sure that same day.

Depart­ment of Jus­tice Canada spokesper­son Ian McLeod said in an email that ev­i­dence in sup­port of ex­tra­di­tion would be filed at the ex­tra­di­tion hear­ing.

“Mr. Bara­tov also has the op­tion to con­sent to his sur­ren­der to the United States,” McLeod said.

In court, Bara­tov, dressed in a black T-shirt and black jeans, looked re­laxed in the pris­oner’s box.

His par­ents were not in court for this short ap­pear­ance.

DiCarlo said the RCMP re­cently told him it could take an­other three months be­fore he can have dis­clo­sure. He doesn’t want to see Bara­tov wait­ing that long and is count­ing on the Appeal Court to re­lease him.

“I’m hop­ing to get Mr. Bara­tov out … If we need to go the U.S. (to deal with the case), I’ll trans­port him my­self…,” DiCarlo said. “He can’t sit in jail any longer, wait­ing for the sys­tem. He wants to be out. He wants to be in the com­mu­nity, and he’s just wait­ing.”

Bara­tov has been ask­ing for ma­te­rial to read and is “pretty much bored.”

DiCarlo said his ear­lier meet­ings with the FBI were stalled by six or seven days be­cause he was there just af­ter Pres­i­dent Don­ald Trump fired FBI di­rec­tor James Comey, which oc­cu­pied some se­nior of­fi­cials who also had to deal with the Bara­tov case.

Af­ter court Fri­day, DiCarlo was frus­trated he can’t get the process mov­ing as he would like, while “the U.S. is throw­ing this big cloud” on Bara­tov.

Karim Bara­tov “wants to be in the com­mu­nity,” his lawyer says.

HAMIL­TON SPEC­TA­TOR FILE PHOTO

Amadeo DiCarlo says, “I hope I can skip the Cana­dian process.”

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