Prosecutors have called for a six-year prison sentence for Alexander Smirnov, a former FBI informant who fabricated claims about Ukrainian energy company Burisma paying off President Joe Biden and his son Hunter. They argue that Smirnov, who betrayed the trust of both the United States and law enforcement, deserves a lengthy sentence for attempting to influence the 2020 presidential election.
Smirnov, born in the former Soviet Union, pled guilty in December to charges of creating a false record and tax evasion. He owes the IRS $675,000 in unpaid taxes. U.S. District Judge Otis D. Wright II had placed Smirnov in federal custody earlier this year, citing concerns about his flight risk, given his foreign contacts and significant assets.
Prosecutors emphasized that Smirnov’s actions were a clear betrayal, especially after being granted U.S. citizenship, one of the highest honors the country can bestow. They pointed out that he used his position as a confidential informant to fabricate stories in an attempt to discredit a sitting president during an election year.
Smirnov’s false claims about Burisma’s alleged $5 million payment to the Bidens surfaced in 2020, as he provided information to the FBI. He sent text messages to an FBI handler in May 2020, stating that Russian and Ukrainian media had reported communications between Joe Biden and the president of Ukraine, implying that the situation was damaging to Biden’s presidential campaign. Smirnov even claimed that the Bidens were going to jail and falsely attached a photo to further bolster his fabricated story.
In addition to misleading the FBI, Smirnov falsely claimed that Burisma had hired Hunter Biden in 2015 and 2016 to use his father’s political influence for protection. In reality, Smirnov only met with Burisma officials in 2017, when Biden was no longer vice president. Smirnov’s transformation of routine business interactions into bribery allegations led to unnecessary investigations that squandered taxpayer resources.
Although the FBI had investigated Smirnov’s bribery claims, the case was eventually closed due to a lack of evidence.
In response, Smirnov’s defense filed a memorandum on December 24, requesting a four-year sentence. He noted his lack of prior criminal history and his health condition, specifically vision loss from glaucoma. His legal team argued that a six-year sentence would unnecessarily prolong his suffering, as he has been unable to undergo needed eye surgery while in detention.
The Justice Department, represented by Derek Hines, Leo Wise, and Mark Daly, continues to push for a stiff sentence. Smirnov’s defense team is led by Richard Schonfeld and David Chesnoff.
The case is USA v. Smirnov, case number 2:24-cr-00091, in the U.S. District Court for the Central District of California.
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