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A businessman from Ukraine, Vadim Vassilenko, 44, who was arrested by the New York county prosecutors in the United States in February 2006 on various charges related to his e-commerce activity, was fed up by very long pre-trial detention and as a form of protest on September 19 2011 at 15:00 Vassilenko passed a written notice of hunger strike to the Deputy of Warden of the Manhattan Detention Complex.
A week later September 27 2011 Vassilenko was transferred to the notorious Rikers Island for psychiatric evaluation and housed at AMKC(C-71), 718-546-35-50.
Vassilenko strongly denies that he is mentally unstable, nevertheless he was assigned to be held in Mental Observation Housing Unit 1MOD Lower, cell #4, at C-71 and placed under 3 shifts 24/7 life surveillance. A log book has been kept every 15 minutes by the Correctional Officer and signed by the supervising captains and Deputy of Warden.
According to Vassilenko, since September 27 2011 until October 10 2011 he was illegally held off from the world at AMKC. No incoming or outgoing mail was allowed, no phone calls, no outside recreation, no law library. Vassilenko was offered prison meal three times a day and had an opportunity to purchase additional food from the commissary store, but he denied to accept any food as a form of protest against his 69 month of pre-trial detention.
September 30 2011 the Ukrainian Consul Honorable Bohdan P. Movchan (212-371-69-65) visited Vassilenko at AMKC, as well as three times more after that. Consul Movchan was able to notify Vassilenko's mother in Ukraine about the seriousness of the current situation. In addition, the Consul General of Ukraine raised an issue in regard to why for two weeks while held at AMKC Vassilenko was not allowed to have an access to the phone, and even to call his attorney of record when court did not impose any phone calls restrictions upon Vassilenko.
As a result of the Ukrainian diplomats efforts on October 18 2011 an auditor from the New York City Board of Correction Ms. Ezeji (212-788-78-40) visited AMKC and has documented multiple violations which occured during Vassilenko's detention at the mental observation housing unit.
While at AMKC Vassilenko was under daily medical and psychiatric check-ups by physician Dr. Win, psychiatrist Mrs. Stevenson. It was documented that Vassilenko has lost about 30 pounds (15 kg) of weight. On October 14 2011 Vassilenko's blood pressure went down to 60-to-90. Multiple blood tests had indicated that glucose, blood protein, cholesterol, bilirubin and metabolism went significantly down while potassium and uric acid went up.
Four different psychiatrists were not able to convince Vassilenko to start taking anti-depressants or to stop his hunger strike. On October 21 2011 on the 32nd day of the hunger strike after it became obvious that Vassilenko is not going to stop what he has started he was transferred back to the Manhattan Detention Complex.
Vassilenko said that last two weeks at AMKC he was able to contact several mainstream media reporters in the United States but none of them was interested even to talk about his hunger strike not to mention to cover it in the press which reminded him the old Soviet Union where everybody knows everything but noone writes about it.
"My mother begged me to start eating but I answered that I'm fed up with all the delays and I will continue my hunger strike as long as I can." - Vassilenko said on his 36th day of the hunger strike. Next court is scheduled December 14 2011, Defense Attorney is Rick Pasacreta.
More on Vassilenko's case:
http://www.nytimes.com/2011/09/13/nyregi
http://www.nypost.com/p/news/local/banne
http://vimeo.com/16348202
Вадим Василенко (Vadim Vassilenko), который содержится в заключении без суда более 5 лет, переведён в тюрьму на острове "Райкерс", в Нью-Йорке. Его мать Любовь Иванова потеряла с ним связь. Вадима перевели по требованию прокурора, дабы он не мог связаться с представителями прессы. Состояние здоровья Вадима, объявившего голодовку, также не известно.
http://www.chayka.org/node/4238
Газета The New York Times опубликовала статью о деле Вадима Василенко. Прочитать онлайн можно по ссылке: http://www.nytimes.com/2011/09/13/nyreg
"Last time I was brought to court September 13th 2011, the judge did not even call me to the court room and rescheduled my next hearing for December 14th". - Vassilenko says.
"I will continue my hunger strike until I will be heard by someone who believes in the United States Constitution. No one should be deprived liberty that long between his/her arrest and trial. Someone stand up for me". - Vassilenko says.
The New York Post and The New York Times have written about Vassilenko's case. A Davidzon-Radio criminal reporter Alexandre Grant put Mr. Vassilenko on the air several times where Vassilenko said that he will plea guilty only if he'll be deported to his native Ukraine.
On the 5th day of his hunger strike Vadim left a voicemail message about his condition.
"Hello everyone!
This is Vadim Vassilenko calling from the Manhattan Detention Complex located at 125 White street New York NY 10013. Today is the 5th day of my hunger strike. I'm protesting against my 68 month pre-trial detention. Today I only consumed one piece of sugar with water. I don't feel much hunger like I did in my first day. I looked at my hands today this morning and they've become slimmer as well as my face. My reflexes are slow and my feet are cold and I put three socks on each foot. No response from the Department of Correction yet. Everybody knows what is happening and no one taking any position on the situation. I'm determined to continue my hunger strike as long as I can and I will be very thankful to anyone who would help me with publicity."
On February 15,2006 V.Vassilenko was arrested on charges such as operating check-cashing and money transfer business without a license and since then he is still being held on upgrading charges.
Vassilenko says: “ My first Attorney Robert Babayev (718-569-5555), Anthony Lombardino (718-842-7272), Mike Rosen were not familiar with internet related activities at all, but took the money without hesitation. Then I hired Attorney Daniel Gotlin (212-966-5897), who says that if I settled with the prosecutors, there will be no other charges.”
Vassilenko settled in December 21,2006 for 2-6 years in state prison only to find out later that there is another secret indictment was unsealed at the day he supposed to be deported to Ukraine on October 23, 2007.
Attorney D.Gotlin decided not to take Vassilenko’s case, but negotiated a settlement for Vassilenko’s wife to one charge concurrent with immediate deportation. Vassilenko was signed a court appointed Attorney Seema Iyer (212-255-8153), but later raised some money to hire Attorney John DeMaio (212-250-1108). DeMaio walked away from this case on August 3, 2011 because according to V.V. DeMaio was not allowing be paid 136 thousand dollars for his job from Vassilenko’s corporate funds.
On August 10, 2011 V. was signed another court appointed Attorney Rich Loving (917-696-1487).
Vassilenko says:” It was impossible to study this case even in a year by one attorney unless he is Benjamin Brafman. I tried to be reasonable with the Government, I have written to the judge enough to publish a book explaining my position, but I was treated without respect by the system.
No Miranda Rights when I was arrested. No Ukrainian Consul was invited, my statements were reduced to 90%. My collection of gold coins was not listed anywhere in the discovery. Attorney Babayev was paid 49 thousand, but two months later refused to give me back any refund for ledgers and settled me if I B.S. with him I will find my 3-years old son in foster care.
Vassilenko says: “The Government seized more than 700 thousand dollars which I owned to banks and my customers. My unrelated to the charges businesses were destroyed. My legal paper work was seized from my prison cell on December 10, 2009 without a court warrant.
The Government tried to say that I mailed a false bombe from Rikers Island, as a result I was deriding to send outgoing mail.
The commissary account was debited to the last penny on March 2, 2010.
On October 19, 2010 Correctional Officer Diaz (batch number 15117) planted a knife into my cell, but was court about the event.
Judge Maxwell Wiley was not allowed me to talk in my defense in August 23, 2011 even for 5 minutes.
So I cut my body on the 5th Anniversary of my arrested written on the wall that according US Constitution I entitled for a speedy trial.”
Vassilenko’s immigration Attorney Merrill Cohen (212-499-6644) written to Judge Maxwell Wiley asking for leniency, that V.V. obtained his Green Card as a person with Extraordinary Ability in Business (I-194 form)
Vassilenko built a successful business by processing payrolls for remote employers for American companies oversees. Vassilenko was a market maker providing liquidity for buyers and sellers of digital currency such as E-Gold and Web-money. Both activities not regulated by US Government, but district attorney John Bandler and his boss Antonia Merson (212-355-3541) recently demanded up to 45 years sentence if plea guilty to all charges.
Next court is on December 14, 2011.
Anthony Lombardino (718)8427272
2006-2007: Daniel Gotlin (212)9665997
2007: Seema Iyer (212)2558153
John DeMaio (212)4052104
Marianne Karas (917)4345935 - appeal lawyer
Arkady Bukh
Last lawyer: Rick Pasacreta (917)6961487
Immigration attorney: Merryll Cohen (212)4996644
Vadim Vassilenko's Banner from Vassilenko on Vimeo.
Сегодня в полдень над Нью-Йорком можно было наблюдать самолет с баннером "V Vassilenko – Jailed 5+ years – no trial – is this legal?". О событии уже написал сайт The New York Observer (http://www.observer.com/2011/08/wall-str
Таким образом, Вадим пытается привлечь внимание американских и мировых СМИ к своему делу. Просьба ко всем сочувствующим Вадиму - распространить эту информацию. Спасибо.
upd. Статья в New York Post: http://www.nypost.com/p/news/local/bann
upd2. Заметка на сайте Wall Street Journal: http://online.wsj.com/article/AP10a1920
Rick J. Pasacreta
Law Office of Rick James Pasacreta, New York
Rick J. Pasacreta has practiced criminal law in New York for fifteen years. He is currently in private practice in New York County, specializing in criminal defense. He is on the homicide, felony, and misdemeanor panels of the Assigned Counsel Plan, First Department, New York County, and has handled hundreds of criminal matters from arraignment to disposition. Prior to that he was an Assistant District Attorney with the Richmond County District Attorney’s Office for twelve years, where he was the Chief of the Special Case Unit. While there, he prosecuted many high-profile cases, including those of official corruption, murder, arson, and vehicular homicide. In addition, he obtained the first indictment in the county under the current "hate crimes" laws. He has created and lectured at numerous CLEs on criminal law and procedure. At the City Bar, he also serves as a member of the ABCNY Criminal Courts Committee.
Phone: (917)6961487
