Lazarenko

ORDER GRANTING PETER KIR-ITCHENKO’S REQUEST FOR RESTITUTION

INTRODUCTION

Before the Court is Peter Kiritchenko’s request for restitution pursuant to 18 U.S.C. § 3663A and 18 U.S.C. § 3663 (a). Kiritchenko contends that he was the victim of Lazarenko’s extortion demands, as alleged in the Second Superceding Indictment, and that he made payments to La-zarenko in the amount of $30,000,000.00 (Thirty Million) and no less than $19,473,309.00, over the period of the extortion. Defendant Pavel Lazarenko ob jects to Kiritchenko’s request on a number of legal and factual bases as more fully discussed below.

George Niespolo, Esq. appeared on behalf of Peter Kiritchenko (hereinafter “Kiritchenko”) and Doron Weinberg, Esq. appeared on behalf of Defendant Pavel Lazarenko (hereinafter “Lazarenko”).

The Court has reviewed the briefs submitted by the parties, the exhibits and testimony offered at the evidentiary hearings in this matter and the arguments of counsel. After careful consideration of the record in this matter, the Court hereby GRANTS Kiritchenko’s request for the reasons set forth below.

FACTUAL BACKGROUND

Lazarenko was charged in the Second Superceding Indictment with:…