[free-sklyarov] Dmitry freeing clarified
nick at zork.net
Mon Dec 24 13:52:32 PST 2001
> Dmitry Sets the Record Straight
> by Lisa Rein
> Dec. 21, 2001
> On Wednesday night, I spoke with Dmitry Skylarov at a small event to
> celebrate his homegoing, hosted by the EFF.
> Dmitry told me that he was upset with the U.S. Attorney's
> misrepresentation of his agreement with them.
> Specifically, Dmitry says that:
> * He still works for Elcomsoft and has no intention of leaving
> anytime soon.
> (The announcement from the U.S. Attorney's Office described
> Elcomsoft as Dmitry's "former employer.")
> * There was no plea bargain made between Dmitry and the U.S.
> Attorney's Office
> (As the same announcement would lead you to believe:
> "...(Sklyarov) admitted his conduct in a hearing before U.S.
> District Judge Whyte in San Jose Federal Court. Under the
> agreement, Mr. Sklyarov agreed to cooperate with the United
> States in its ongoing prosecution of Mr. Sklyarov's former
> * Dmitry's story has not changed: he still maintains that both
> he and his employer are not guilty of any misconduct.
> Joe Burton's Statement 12_19_01
> I want to state, for the record, that we, the defense, feel that
> there has been an injustice done to Dmitry Sklyarov and
> ElcomSoft. The U. S. Attorney's December 13th Press Release is
> a cleverly crafted statement that promotes the notion that
> Dmitry admits wrongful conduct and has entered into a Plea
> Agreement with the U.S. Government. I categorically reject the
> notion that there is any admission of wrongful conduct on the
> part of Dmitry Sklyarov, he has simply agreed to tell his story,
> which I might add is the identical story he has consistently
> told since day one of his arrest. In addition there is, quite
> simply, NO Plea Agreement. He has agreed to testify for the U.
> S. Government, if called and he will testify for ElcomSoft, if
> I also want to set the record straight on the issue of Dmitry's
> employment with ElcomSoft. Dmitry has been employed since April
> 2000 and he remains employed by ElcomSoft and will continue his
> employment with ElcomSoft.
> It is not unexpected that the U.S. Attorneys would look for a
> way to "save face" in this case, however to do so, at the
> expense of Dmitry is completely unacceptable to me.
> Dmitry Sklyarov's Statement 12/19/01
> I would like to express my heartfelt appreciation to each person
> who has supported and contributed to me during my detention,
> these past 5 months.
> Naturally, I am very happy about returning to Russia and at the
> prospect of getting back to my family and friends. I am excited
> about spending the holidays in my homeland.
> There are two points I wish to address, today. The first point
> is this: I am extremely disappointed with any implication that I
> am, in any way, cooperating with the government. My perspective
> is simply this: I am a man of integrity and as such am doing
> nothing more that telling the truth... I am not for or against
> Secondly, there seems to have been some confusion as to my
> employment status with ElcomSoft. I would like to clear up this
> confusion... I have been employed by ElcomSoft since April 2000
> and will continue to be employed in the future. As a matter of
> fact, I have remained ElcomSoft's long distance "virtual"
> employee throughout these past 5 months while detained, here in
> the United States.
> ElcomSoft Founder/CEO Alex Katalov's Statement 12/19/01
> First, let me say that the Diversion Agreement, reached between
> Dmitry Sklyarov and the US Attorney's office last Thursday
> (December 13, 2001) was reached with ElcomSoft's complete
> knowledge, cooperation and our unfailing support for our
> employee, Dmitry Sklyarov.
> Neither ElcomSoft nor our legal team sees this agreement in any
> way counterproductive to our ongoing case, nor do we feel that
> Dmitry's testimony will be anything but supportive to our case.
> All that Dmitry has to do is to tell the truth; we, of course,
> welcome that; the truth will never change regardless of who
> calls Dmitry as a witness: the prosecution or the defense, or
> From the company's standpoint, Dmitry's agreement serves
> ElcomSoft well. It provides us with the freedom and flexibility
> to pursue our best legal strategy without worrying about the
> possibility that Dmitry could face jail.
> Lisa Rein is the Resource Guide Editor for XML.com and the Editor of
> O'Reilly's P2P Directory. She teaches XML for the University of
> California at Berkeley Extension Online, runs her own educational
> website at http://www.finetuning.com and keeps her own personal
> weblog at http://lisarein.blogspot.com.
> oreillynet.com Copyright (c) 2000 O'Reilly & Associates, Inc.
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