A former FBI informant accused of lying about multimillion-dollar bribery allegations against President Joe Biden and his son Hunter and purportedly having links to Russian intelligence was again taken into custody Thursday, two days after a judge said he could be freed ahead of trial, his attorneys said in court documents.
The arrest during a meeting Thursday morning with his lawyers came after prosecutors appealed a ruling allowing 43-year-old Alexander Smirnov, who holds dual U.S.-Israeli citizenship, to be released with a GPS monitor ahead of trial on charges alleging he lied to the FBI.
He was taken into custody on a warrant for the same charges issued in California, where the case was originally filed, his lawyers said. Several sealed entries were listed in the court docket, but no additional details about his return to custody were immediately available.
A spokesman for Justice Department special counsel David Weiss confirmed Smirnov had been arrested again, but did not have additional comment. He is in custody of U.S. Marshals in Nevada, said Gary Schofield, the chief marshal in Las Vegas.
Smirnov is charged with making a false statement and creating a false and fictitious record. He was arrested last week in Las Vegas, where he now lives, and a judge allowed him to be released with a GPS monitor on Tuesday.
Smirnov was arrested Thursday morning at their law offices in downtown Las Vegas on the same charges, attorneys David Chesnoff and Richard Schonfeld said. They requested an immediate hearing on his detention.
Prosecutors say Smirnov falsely told his handler that executives from the Ukrainian energy company Burisma paid President Biden and Hunter Biden $5 million each around 2015. The claim became central to the Republican impeachment inquiry of President Biden in Congress.
Smirnov has not entered a plea to the charges, but his lawyers have said their client is presumed innocent and they look forward to defending him at trial.
As part of their push to keep him in custody, prosecutors said Smirnov told investigators after his arrest last week that “officials associated with Russian intelligence were involved in passing a story” about Hunter Biden. They said Smirnov’s self-reported contact with Russian officials was recent and extensive, and said he had planned to meet with foreign intelligence contacts during an upcoming trip abroad.
U.S. Magistrate Judge Daniel Albregts on Tuesday had ordered him released ahead of trial, saying he was concerned about Smirnov’s access to money prosecutors estimated at $6 million but noting that federal guidelines required him to fashion “the least restrictive conditions” ahead of trial. Smirnov was also ordered to stay in the area and surrender his passports.
“Do not make a mockery out of me,” Albregts said to Smirnov, warning that he’d be placed back into the federal government’s custody if he violated any of his conditions. His lawyers say he's been “fully compliant” with his release conditions.
Prosecutors appealed to U.S. District Judge Otis D. Wright in California, where the case is based.
“The circumstances of the offenses charged — that Smirnov lied to his FBI handler after a 10-year relationship where the two spoke nearly every day — means that Smirnov cannot be trusted to provide truthful information to pretrial services,” prosecutors wrote in court documents. “The effects of Smirnov’s false statements and fabricated information continue to be felt to this day. Now the personal stakes for Smirnov are even higher. His freedom is on the line.”
Smirnov had been an informant for more than a decade when he made the explosive allegations about the Bidens in June 2020, after “expressing bias” about Joe Biden as a presidential candidate, prosecutors said.
But Smirnov had only routine business dealings with Burisma starting in 2017, according to court documents. No evidence has emerged that Joe Biden acted corruptly or accepted bribes in his current role or previous office as vice president.
While his identity wasn’t publicly known before the charges were filed, Smirnov’s claims have played a major part in the Republican effort in Congress to investigate the president and his family, and helped spark what is now a House impeachment inquiry into Biden. Republicans pursuing investigations of the Bidens demanded the FBI release the unredacted form documenting the unverified allegations, though they acknowledged they couldn’t confirm if they were true.
Democrats called for an end to the probe after the Smirnov indictment came down last week, while Republicans distanced the inquiry from his claims and said they would continue to “follow the facts.”
Smirnov’s lawyers say he has been living in Las Vegas for two years with his longtime girlfriend and requires ongoing treatment and daily medications for “significant medical issues related to his eyes.” He lived in California for 16 years prior to moving to Nevada.
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