Canadian accused in international email hacking case to appeal harsh bail denial of judge

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The severe denial of bail by a judge for accused international hacker Karim Baratov, arrested in Canada but wanted in the United States, will be the subject of an appeal, his legal team said on Wednesday.

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In a Hamilton court on Tuesday, Judge Alan Whitten ordered Baratov, 22, to remain in prison while he awaits an extradition hearing, severely rejecting the arguments of Baratov’s lawyers and the pleas of his parents.

Amedeo DiCarlo, Baratov’s lead lawyer, suggested that the ruling and the nine-page judgment bore little resemblance to what had been presented as evidence in court.

“It didn’t match anything we presented – especially since we felt the supervision plan was sound. The judge clearly felt the opposite, ”DiCarlo told the National Post.

“We have the right to disagree,” he said.

“After careful consideration of the decision and our initial argument, we can comfortably say we have reasons, however, we cannot disclose specific details,” he said.

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Specific grounds of appeal will be outlined in the notice of appeal that will be filed shortly with the Ontario Court of Appeal, he and his co-lawyer Deepak Paradkar said.

It could take several weeks for a bail call.

Baratov was arrested in March at the behest of the United States in connection with the massive hack of Yahoo and Google email accounts, considered one of the biggest known data breaches.

Authorities claim Baratov and Alexsey Belan were the hackers for hire who targeted email accounts on the orders of two agents from the Russian Federal Security Service, or FSB, which is the successor organization to the Soviet-era KGB. . All of Baratov’s co-defendants – Belan, as well as agents, Dmitry Dokuchaev and Igor Sushchin – are in Russia and beyond the reach of US prosecutors.

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Whitten feared Baratov would flee to join them if he was released, according to his decision.

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“Why would he stick around,” Whitten asked in his decision. “It seems Baratov is highly skilled at ‘hacking’,” he wrote. “It can continue its wealth-generating activities all over the world. “

Whitten said Baratov’s alleged ties to Russian intelligence agents offered a chance of refuge abroad.

“Would (anyone) be surprised that Baratov, like Houdini who escaped from his straitjacket, has fled?” Unlikely, ”he wrote of the public reaction if Baratov was released and fled.

Why would he stick around?

Whitten also questioned the ability of Baratov’s parents – and even the willingness – to adequately supervise him.

“The effectiveness of parental surveillance must be questioned,” wrote Whitten, who noted that the plot allegedly began when Baratov lived in his parents’ house before moving to a neighboring house.

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The young man’s wealth – including the large, isolated suburban house and his penchant for buying luxury sports cars – should have aroused their suspicion long before his arrest. He mentioned a possible “willful blindness”.

“Passed silence or passive acquiescence does not bode well for a complete about-face in the emergence of a director,” Whitten wrote.

His parents have promised to monitor him around the clock, keep him away from all electronics and computers, and put him in an ankle monitoring bracelet. They also offered their home equity and savings as a guarantee of its compliance, amounting to around $ 1 million.

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Whitten said social media photos posted by Baratov ahead of his lavish lifestyle arrest, however, suggested money was not a big concern for him.

“This is not a photo of an individual mourning the loss of $ 1 million,” Whitten wrote.

DiCarlo said he will meet with Baratov and his parents on Thursday to review their next steps.

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