Jailed Russian of Interest in U.S. Election Probe, Official Says

A Russian citizen accused of taking part in cyberattacks against LinkedIn and Dropbox reportedly attracted the attention of American investigators examining interference in the 2016 U.S. presidential election.

Yevgeniy Nikulin was extradited from the Czech Republic to the United States in March and placed in federal custody in California. After his arrival, however, his attorneys said that communicating with him had become extremely difficult. They questioned whether he was able to understand the proceedings and participate meaningfully in preparing his defense.

The case became even more complicated after a federal judge raised concerns about the psychiatrist selected to evaluate Nikulin’s mental condition.

Russian officials show unusual interest in the case

Nikulin’s defense team was led by Arkady Bukh, a New York-based attorney with extensive experience representing Russian and Eastern European defendants in serious federal criminal cases.

According to Bukh, Russian diplomatic representatives displayed a level of interest that stood out even when compared with his other cases involving Russian citizens. During the early stages of the proceedings, embassy or consular officials reportedly contacted the attorneys almost every day.

Russian representatives also arranged at least one meeting with Nikulin at Santa Rita Jail in Dublin, California, without his defense lawyers being present. The detention facility is located approximately 40 miles east of San Francisco.

Bukh emphasized that Russian officials were not his clients and that he had no obligation to provide them with information. He also expressed concern about Nikulin’s personal safety.

Those concerns became more pronounced following the poisoning of former Russian intelligence officer Sergei Skripal and his daughter in England earlier that year.

Bukh believed Nikulin was unlikely to have provided meaningful cooperation during meetings with Russian consular representatives. The Russian Embassy in Washington did not immediately respond to requests for comment.

Charges connected to LinkedIn and Dropbox

The formal U.S. case centered on allegations that Nikulin hacked LinkedIn and Dropbox in 2012. The LinkedIn intrusion became one of the largest and most widely discussed data breaches of that period.

Information connected to approximately 117 million user accounts was reportedly compromised. The stolen material included login credentials, substantially increasing the scale and possible consequences of the intrusion.

Nikulin was arrested in the Czech Republic in 2016. His detention soon led to a diplomatic dispute because both the United States and Russia requested his extradition.

American authorities sought to prosecute him on federal hacking charges. Russian authorities requested his return on separate allegations and accused the United States of pursuing Russian citizens in foreign countries.

Czech officials ultimately approved the American request. Nikulin’s transfer to the United States added another source of tension to already difficult relations between Washington and Moscow.

Why election investigators were interested

Although the indictment focused on LinkedIn and Dropbox, American investigators also wanted to determine whether Nikulin possessed information relevant to the investigation into interference in the 2016 presidential campaign.

A Justice Department official said prosecutors were interested in establishing what, if anything, Nikulin knew about election-related hacking. The official spoke anonymously because authorization had not been granted to discuss that aspect of the case publicly.

U.S. intelligence agencies had accused Russia of interfering in the presidential election, including through the theft and publication of emails belonging to Democratic Party organizations.

Investigators’ interest did not establish that Nikulin had participated in those attacks. It indicated only that prosecutors considered him a potentially useful source because of his alleged involvement in large-scale cybercrime.

Problems following his arrival in California

Federal marshals reported that Nikulin became aggressive shortly after arriving in San Francisco. Authorities said he physically confronted detention officers and attempted to escape from custody.

Following the incident, he appeared at a later court hearing in restraints. His attorneys subsequently began reporting serious difficulties during their meetings with him.

Valery Nechay, an attorney assisting Bukh, said Nikulin sometimes stared blankly or began laughing while important legal issues were being discussed. His behavior made it difficult for the defense team to review evidence, explain the charges and obtain instructions from its client.

Court authorizes a psychiatric evaluation

The defense requested a psychological examination to determine whether Nikulin was mentally competent to stand trial and assist in the preparation of his case.

Federal prosecutors did not oppose the request, and the court authorized the evaluation. The choice of psychiatrist, however, soon produced another dispute.

Two days after Grinberg’s name was submitted, U.S. District Judge William Alsup ordered prosecutors and defense attorneys to provide additional information about the psychiatrist.

The judge referred to Grinberg’s probationary status with the Medical Board of California. That status reportedly arose from complaints alleging unprofessional conduct and gross negligence.

Both parties were instructed to submit their comments by August 27.

Defense says it did not know about earlier complaints

Bukh said he had not been aware of the complaints against Grinberg when the psychiatrist was selected. Public review websites offered sharply different assessments of the doctor.

Grinberg had received a low score on Yelp but a substantially higher rating on Healthgrades. His telephone voicemail included greetings in both English and Russian. He did not immediately respond to a request for comment.

The disagreement over the psychiatric evaluation added another layer of uncertainty to a case already involving major hacking allegations, competing extradition requests, diplomatic attention and federal interest in possible election-related information.