The extradition request for oligarch Dmytro Firtash filed by Spain, and obtained by the Kyiv Post, contains a series of wiretapped phone conversations between individuals linked to the oligarch who Spanish prosecutors allege are members of an organized crime network.
The three phone conversations are used as evidence by Spain that Firtash is a leading figure in a larger organized crime network and interspersed between written arguments to that end. The calls, taped between January and June 2016 were between known associates and employees of Firtash.
All three phone conversations mention Firtash but only one makes an explicit suggestion of criminal activity of one of his associates. The others two are used to demonstrate that Firtash has given credit lines to individuals the Spanish authorities have accused of being members of an organized crime group, that Firtash has given orders to the same individuals and is involved in joint projects.
The Spanish argument for extradition begins by stating that Firtash is “very close to one of the top leaders of the Russian mafia Semion Mogilevich,” though provides no further evidence other than information presented by the U.S. in its case against Firtash.
An Austrian judge had previously ruled that the U.S. case was politically motivated to ensure Firtash’s exile from Ukraine. Firtash’s lawyers have similarly argued that the Spanish case also has U.S. roots. Something an Austrian judge on Feb. 21 refuted, upon upholding the U.S. appeal.
The arguments for extradition by the Spanish authorities do not wildly differ from those used against Firtash in the past and previously published information. Instead the Spanish authorities attempt to show that Firtash is part of an alleged organized crime group.
In the first wiretap two individuals discuss credit lines Firtash has given a known associate and allege that said associate has illicit dealings in antiques and gold.
In the second wiretap said associate discusses Firtash’s trial in Austria and the fact that Firtash is worried. Said associate also allegedly discusses how Firtash has lent him money but is unlikely to lend him more money.
In the third wiretap two individuals discuss receiving instructions from Firtash relating to Group DF, the oligarch’s holding company, and Firtash’s involvement in joint projects with the two individuals holding the conversation.
Three out of the five individuals featured in the wiretaps have been arrested. Two were arrested by the Spanish authorities in July as part of Operation Variola, accused of being part of a money laundering ring. The third individual was arrested in Vienna in the evening of Feb. 23 on a separate extradition request issued by the Spanish authorities.
Firtash was arrested by Austrian police in relation to the Spanish case on Feb. 21, moments after a judge ruled to allow his extradition to the U.S. case for bribery. Firtash has been living in effective exile in Vienna since he was arrested at the request of the FBI, then bailed, in March 2014. The judge’s decision to uphold the U.S. appeal and the subsequent arrest shocked friends and critics alike. Firtash will not be held in custody in relation to the Spanish case, a judge of the Vienna Criminal Court decided Feb. 23.
He remained under arrest from Feb. 23 to 24 at the request of the public prosecutor who wanted to impose custody in relation to the U.S. case. However, a judge denied the request on Feb. 24 because the $174 million bail paid in 2014 is still deposited in the bank. Firtash should be released from arrest on Feb. 24.
A judge from the Vienna Criminal Court has 30 days to decide whether to extradite Firtash to Spain. Unlike in the U.S. case, if the judge decides to send Firtash to Spain, the Ministry of Justice has no say. The ministry can only then decide whether to send Firtash to Spain or the U.S. However, there are three stages of appeal available to Firtash, two in Austria, and the final at the European Court of Human Rights. Though this would depend on Strasbourg accepting the case.
