Sidorenko

ORDER GRANTING MOTIONS TO DISMISS

In this case, the United States government urges the application of federal criminal statutes to prosecute foreign defendants for foreign acts involving a foreign governmental entity. The government has charged Defendants Yuri Sidorenko, Alexander Vassiliev, and Mauricio Siciliano with five counts: (1) Conspiracy to Commit Honest Services Wire Fraud, in violation of 18 U.S.C. § 1349 ; (2) Honest Services Wire Fraud, in violation of 18 U.S.C. §§ 2 ,1343; (3) Conspiracy to Solicit and to Give Bribes Involving a Federal Program, in violation of 18 U.S.C. § 371 ; (4) Soliciting Bribes Involving a Federal Program, in violation of 18 U.S.C. .§§ 2, 666(a)(1)(B); and (5) Giving Bribes involving a Federal Program, in violation of 18 U.S.C. §§ 2 , 666(a)(2). Two of the three defendants 1 move to dismiss the Indictment (“Ind.”), arguing: (1) that the Indictment fails to state an offense because the wire fraud and bribery charges do not apply extraterritorially; (2) that the charges violate due process because there is an insufficient domestic nexus to prosecute Defendants in the United States; (3) that the wire fraud and bribery charges are defective as…