Judge indicates he won’t release ex-FBI informant who lied about Biden bribery scheme

LOS ANGELES — A federal judge on Monday indicated that he would not release a former FBI informant who lied about a bribery scheme involving the Biden family and a Ukrainian company, even though federal prosecutors and defense attorneys both wanted him to be let out of prison, pending an appeal.

Alexander Smirnov, 45, who lived in a Las Vegas condominium before his February 2024 arrest, was sentenced to six years in prison by U.S. District Judge Otis Wright II in January after Smirnov admitted he falsely told the FBI that executives at Ukrainian energy company Burisma paid former President Joe Biden and his son Hunter Biden $5 million each.

Those claims became key to an impeachment inquiry by congressional Republicans.

Now, under the administration of President Donald Trump, things look brighter for Smirnov.

Federal prosecutors have said Smirnov is not a flight risk, even though their counterparts previously argued the opposite. They have also indicated they may be reconsidering their prosecution of Smirnov.

At times during the Monday hearing, Assistant U.S. Attorney Robert Keenan sounded more like a defense attorney than a prosecutor trying to punish a defendant, arguing Smirnov had received inadequate medical care in custody, does not pose a high risk of leaving the country and should be evaluated for his good work as an informant, not just his misdeeds.

Keenan said no matter the administration, the federal government applies rules consistently, but sometimes a case deserves a second examination.

“There is no problem with looking at something anew,” he told the court, adding that in this case, authorities appear “receptive.”

But Wright expressed his indignation about the federal government’s new review of the case.

“What the hell does that mean?” he asked. “Seriously? At this stage?”

Wright said he considered the matter submitted and would do nothing further.

When defense attorney David Chesnoff said, “All I want is bail pending appeal,” the judge’s reply was short and direct: “No.”

‘Interest of justice’

Chesnoff said his client worked “patriotically” to provide valuable information to the government, but has “gone legally blind” and should be released so he can get surgery.

“It’s in the interest of justice that this happen now,” he said.

Smirnov is supposed to be released in 2029, according to Federal Bureau of Prisons records.

In a stipulation filed earlier this month, federal prosecutors and Smirnov’s attorneys, Chesnoff and Richard Schonfeld, agreed that releasing him “will permit him to travel to California to obtain treatment for his eye condition.”

Keenan said federal authorities have not ensured Smirnov receives needed surgical procedures. The issue of his blindness, the prosecutor said, is “intolerable” to prosecutors.

Issue on appeal

Chesnoff and Schonfeld are appealing Wright’s “refusal” to include in an order that Smirnov would receive credit for the time he spent in pretrial detention, even though his plea deal specified the previous time he served would be applied to the sentence.

Chesnoff told Wright the federal government agrees the defense is likely to succeed on appeal and plans to tell the appellate court they also agree with the defense argument that Smirnov didn’t get the full benefit of his plea bargain. The appeal, Chesnoff said, could lead to Smirnov being able to withdraw his plea.

“So that’s what this is all about,” Wright said.

The judge added: “I want to ask which government, but I don’t care,” an apparent reference to the change in presidential administrations.

Wright said he believes a defendant must have a high likelihood of success on appeal to be released while the process is pending.

“I doubt that’s going to happen,” he said.

Attorneys agree: not a flight risk

The attorneys also wrote in the stipulation that Smirnov was not a flight risk and proposed that Smirnov’s travel should be restricted to Nevada and San Francisco, where his doctor is located.

Federal prosecutors previously said Smirnov was a flight risk with ties to Russian intelligence.

Wright had ordered Smirnov to be detained before trial after a Nevada federal judge ordered his release and previously wrote that defense attorneys were trying to get Smirnov released, “likely to facilitate his absconding from the United States.”

At the time, Chesnoff and Schonfeld said, “The suggestion that defense counsel is participating in an unlawful plot by advocating for release … is wrong.”

Smirnov, said Keenan, does not have a high incentive for flight at this point.

“It would be foolish and absurd to escape to the garden spot of Russia,” he said.

Contact Noble Brigham at nbrigham@reviewjournal.com. Follow @BrighamNoble on X.