BOSTON – The President of a freight forwarding company has been convicted by a federal jury in Boston of unlawfully exporting an Orbitrap Exploris GC 240 Mass Spectrometer from the United States into Russia without a license.
Kirill Gordei, 37, was convicted yesterday following a four day trial, of one count of conspiracy to commit offenses against the United States; one count of smuggling goods from the United States; and one count of export of a spectrometer which is a commerce control item. U.S. District Court Judge Myong J. Joun scheduled sentencing for Jan. 12, 2027. Gordei was arrested and charged in June 2024.
Gordei, a citizen of Belarus and the United States who resides in Hallandale, Fla., is the President of Apelsin Logistics, a freight forwarding company, located in Hallandale Beach, Fla. Apelsin also has an address in Russia and two websites both of which are registered and hosted in Russia.
Since Russia’s invasion of Ukraine on Feb. 24, 2022, a series of stringent export controls were implemented that restrict Russia’s access to the technologies and other items that it needs to sustain its attack on Ukraine. As of April 8, 2022, license requirements for exports, reexports and transfers to or within Russia were expanded to cover the most sensitive items subject to controls on the Commerce Control List.
In August 2023, Gordei facilitated the export of an Orbitrap Exploris GC 240 Mass Spectrometer – an item that delivers high data quality and versatility to accelerate scientific discovery for academic, industry research, government and omics laboratories – from the United States to Russia via Turkey, in violation of the licensing requirements. In order to facilitate the transaction, Gordei provided falsified documentation to an American freight forwarding company indicating that the mass spectrometer was destined to Uzbekistan, rather than to Russia. Gordei simultaneously arranged for the mass spectrometer to be shipped directly to Moscow after it arrived in Turkey.
“Mr. Gordei went to great lengths to evade U.S. export controls, falsifying the destination of controlled technology and routing it through Turkey before sending it to Russia,” said United States Attorney Leah B. Foley. “Export controls are a vital tool for protecting national and international security. We will continue to hold those who deliberately circumvent export controls accountable.”
“The Bureau of Industry and Security will relentlessly pursue those who violate U.S. export control laws,” stated David Peters, Assistant Secretary for Export Enforcement, U.S. Department of Commerce. “This conviction demonstrates our commitment to dismantling these dangerous criminal networks.”
The charge of violating the Export Control Reform Act provides for a sentence of up to 20 years in prison, five years of supervised release and a fine of up to $1,000,000. The charge of smuggling goods from the United States provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. The charge of conspiracy to commit offenses against the United States provides for a sentence of five years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
U.S. Attorney Foley, Assistant Attorney General John A. Eisenberg of the National Security Division and Assistant Secretary Peters made the announcement today. Valuable assistance in the investigation was provided by the U.S. Customs and Border Protection; U.S. Marshals Service; and the Transportation Security Administration. Assistant U.S. Attorneys Timonthy Kistner and Christopher Looney of the National Security Unit are prosecuting the case with assistance from Trial Attorney Christopher Magnani of the National Security Division’s Counterintelligence & Export Control Section.