The Justice Department has declined to provide a clear explanation as to why a well-known Russian hacker was released home last year amid warnings from President Joe Biden that the Kremlin may soon carry out cyberattacks against the United States.
Aleksei Burkov is a cybercriminal who ran two noted underground hacking operations. After he was arrested by Israeli law enforcement in 2015, the Kremlin put a lot of effort into stopping him from being extradited to the U.S. Burkov eventually arrived in the U.S. in 2019, where he pleaded guilty to a host of crimes and received a nine-year sentence, though given credit for the time spent in Israeli prison.
But he was mysteriously deported back to Russia in late September, years before the sentence was completed.
Bryan Vorndran, the assistant director of the FBI’s Cyber Division, was unable to explain why during a House Judiciary Committee hearing Tuesday when pressed by Rep. Jim Jordan, an Ohio Republican.
“Mr. Burkov was investigated by the U.S. Secret Service, not by the FBI,” Vorndran said. “I don’t know specifics. What I do know is that there was no swap or concession.”
He said it was “a Department of Justice question” when asked why Burkov was let go.
Jordan asked if letting Burkov go was a good idea, and he replied he wasn’t in a position to comment, leading the Ohio Republican to say, “The head of cyber is not in a position to comment.” Vorndran said only that “it was a Department of Justice decision through the U.S. courts process.”
Jordan asked, “Do you think it helps to release the most notorious Russian hacker we’ve ever apprehended?”
“I’m not going to answer any questions about Mr. Burkov,” Vorndran replied. “It’s a Secret Service case.”
President Joe Biden spoke at a business roundtable last week in which he warned about the likelihood Putin would deploy cyberattacks.
“As I’ve said, the magnitude of Russia’s cyber capacity is fairly consequential, and it’s coming,” he said.
Rep. Scott Fitzgerald, a Wisconsin Republican, also asked Vorndran if he is confident there aren’t cyberattacks being launched due to Burkov’s release, and the FBI cyber chief replied, “I don’t have any information to indicate that’s happening.”
Vorndran’s written testimony stated: “On Russian cyber threats alone, since the start of the year, the FBI has issued hundreds of intelligence reports.”
He said that “from a cyber perspective, we would assess that China is our most formidable adversary.”
A Justice Department spokesperson said that per the Bureau of Prisons’ “calculation of Burkov’s sentence, as publicly reflected on its inmate locator database, Burkov’s term of imprisonment ended on Aug. 25, 2021.”
The spokesperson included a copy of the judge’s prison sentence and claimed that “BOP calculated the release date, as they always do.” The BOP record locator provides Burkov’s register number and his release date, but it does not give a reason for Burkov’s release.
The DOJ said Burkov was transferred into the custody of Immigration and Customs Enforcement after he was released and referred the Washington Examiner to ICE for more details. ICE did not provide comment. An ICE spokesperson reportedly said in October that “Burkov is wanted by Russian authorities” and there was an INTERPOL Red Notice, as well as a Russian arrest warrant since 2017.
The Washington Examiner pointed out Burkov was sentenced to nine years in prison, with time served for imprisonment in Israel, and that he was arrested in Israel in December 2015, so his prison sentence would seem to be multiple years away from being completed. The DOJ did not have additional comment. The Secret Service also did not provide comment.
Burkov signed a plea agreement in January 2020 pleading guilty to counts two and five of a five-count indictment, which carried the maximum prison terms of 10 and five years, respectively.
Jordan, along with GOP Reps. Mike Turner, Michael McCaul, and John Katko (ranking members on the House Judiciary, Intelligence, Foreign Affairs, and Homeland Security Committees), sent a March letter to national security adviser Jake Sullivan, pushing him for answers.
“The decision to prematurely release Burkov is curious given the lengths to which the U.S. government went to secure Burkov’s arrest. U.S. authorities pursued Burkov for years on hacking-related charges, including identity theft, wire fraud, computer intrusion, and money laundering,” the lawmakers wrote, adding, “The Russian government has a history of using cybercriminals as assets for Russian intelligence services.”
In September, the Wall Street Journal reported that “current and former officials said they were surprised by Mr. Burkov’s release by U.S. authorities.” The outlet said U.S. and Israeli officials said Burkov “was widely seen as a valuable asset to Moscow.”
Russia’s state-run media outlet TASS reported in September that Burkov was arrested by police after his arrival in Moscow, and the outlet said he was charged in absentia in Russia in 2017.
The DOJ put out a press release touting Burkov’s extradition to the U.S. in November 2019. The Justice Department said in January 2020 that the Russian hacker had pleaded guilty. He pleaded guilty to one count of “access device fraud” and one count of “conspiracy to commit access device fraud, identity theft, computer intrusions, wire fraud, and money laundering.” The DOJ touted his nine-year sentence too.
Reporting by The Washington Examiner.
