As of 2011, Firtash has been a controversial figure in Ukraine. In April 2005,
Oleksandr Turchynov, the head of Ukraine's
Security Service of Ukraine (SBU), explained to the
Financial Times that
Semion Mogilevich was associated with
RosUkrEnergo after SBU had collected a 20 volume file on Mogilevich over a twelve-year period. In 2006, an ally of Tymoshenko stated in the
Rada that Firtash's Swiss-registered RosUkrEnergo, which has been the dominant natural gas supplier to Ukraine since 2003, replacing the Hungarian-registered
Eural Trans Gas, which replaced
Itera beginning in late 2002, had
Semion Mogilevich as a silent partner. In an April 2006
Financial Times interview, Firtash explained his relationships with various holding companies after Firtash's bank
Raiffeisen hired
Kroll, Inc. to investigate connections to Mogilevich. According to documents uncovered in 2010 during the
United States diplomatic cables leak, Firtash in 2008 had told
U.S. Ambassador to Ukraine William Taylor of needing permission from alleged Russian crime boss
Semion Mogilevich to do business in Ukraine during the lawless 1990s. The same documents suggest that Firtash also claimed to be friends with
President Viktor Yushchenko. Firtash denied the remarks. On 15 June 2005, after the
Security Service of Ukraine started an investigation by
Oleksander Turchynov in May 2005, Tymoshenko charged that Firtash and his
Nicosia, Cyprus based Highrock Holdings had been central to over $1 billion stolen from Ukraine through his Turkmenistan gas scheme involving both
Eural Trans Gas and RosUkrEnergo. On 8 September 2005, Yushchenko dismissed Tymoshenko and subsequently, on 23 September 2005, the SBU investigation into the missing money was halted by direct order of Yushchenko according to Turchynov. On 16 June 2009,
Yulia Tymoshenko accused the other candidates in the
2010 Ukrainian presidential election –
Viktor Yushchenko,
Arseniy Yatseniuk and
Viktor Yanukovych – of sharing a single campaign headquarters financed by Firtash. She accused Firtash, who is a key contributor to Yanukovych, of fraudulently using New York real estate through which to launder money from Ukraine through the United States and then back to Ukraine to support various corrupt political activities and politicians. On 26 April 2011, Tymoshenko sued Firtash and RosUkrEnergo in a
U.S. District Court in
Manhattan, accusing them of manipulating an arbitration court ruling in
Stockholm – the ruling had ordered Ukraine's state energy company,
Naftogaz, to pay RosUkrEnergo 11 billion cubic meters of natural gas to compensate for fuel it had "expropriated" plus 1.1 billion cubic meters of gas as a penalty. She claimed in court that Firtash had money laundered revenues from gas to support pro-Kremlin and pro-Putin candidates and officials in Ukraine associated with Yanukovych's political party. Both Firtash and RosUkrEnergo officials denied the allegations and a U.S. judge dismissed the lawsuits in September 2015. As of 2012, analysts and Ukrainian politicians believed that Firtash was a secret force behind
the sentencing of Yulia Tymoshenko in 2011, either for revenge or to hinder
Ukraine's European Union integration for personal financial gain. Firtash was accused in a New York court of "masterminding" Tymoshenko's imprisonment; the case was dismissed in March 2013. In the
2012 Ukrainian parliamentary election, Firtash was perceived as being one of
Ukrainian Democratic Alliance for Reform's (UDAR) main sponsors. This has been denied by UDAR. On 23 July 2013, brothers
Ilya and
Vadim Segal, the New York-based owners of
Dancroft Holdings, brought charges in New York County Supreme Court against Firtash and
Nadra Bank, then Ukraine's eighth-largest bank. The suit accused Firtash, the bank's owner, of seizing their assets via "sham lawsuits" over debt, and of using his connections with President
Viktor Yanukovich to guarantee the outcomes in court cases. The suit stated that the former head of the
Security Service of Ukraine (SBU),
Valeriy Khoroshkovskyi, is a business partner of Firtash, together with head of the
presidential administration,
Serhiy Lyovochkin, and former Ukrainian energy minister,
Deputy Prime Minister, Yuriy Boiko. According to the complaint, the SBU, in bringing charges against the Segals, was acting on behalf of Firtash. As of 2017, links between Firtash,
Paul Manafort and President Trump's administration continued to make headlines with reports that the extradition case will test U.S.-Russia relations. In 2014, a special report by
Reuters documented that Gazprom sold more than 20 billion cubic metres of gas at below market prices, enabling Firtash to make up to $3 billion during the deal. The report also notes the release of documents that proved Putin extended credit lines to Firtash of up to $11 billion which helped Firtash extend influence during the 2010 presidential election in Ukraine. In 2017, United States prosecutors filed suits alleging that Firtash was involved in bribery supporting upper echelon
Russian mafia.
Involvement in Trump–Ukraine scandal Living in Vienna, Austria since 2014, Firtash has been resisting extradition to the United States on bribery and racketeering charges, and had sought to have the charges dropped. Firtash's attorneys obtained a September 2019 statement from
Viktor Shokin, the former Ukrainian prosecutor general who was forced out under pressure from multiple countries and non-governmental organizations, as conveyed to Ukraine by then-vice president
Joe Biden. Shokin asserted in the statement that Biden actually had him fired because he refused to stop his investigation into
Burisma, a Ukrainian energy firm that employed Biden's son
Hunter. President
Donald Trump's personal attorney,
Rudy Giuliani, who asserts he has "nothing to do with Firtash," has promoted the statement in television appearances as purported evidence of wrongdoing by the Bidens. Although
Lanny Davis represented Firtash until July 2019, Shokin's statement notes that it was prepared "at the request of lawyers acting for Dmitry Firtash."
Bloomberg News reported on October 18 that during the summer of 2019 Firtash associates began attempting to dig up dirt on the Bidens in an effort to solicit Giuliani's assistance with Firtash's legal matters, as well as hiring diGenova and Toensing in July. Bloomberg also reported that its sources told them Giuliani's high-profile publicity of the Shokin statement had greatly reduced the chances of the Justice Department dropping the charges against Firtash, as it would appear to be a political
quid pro quo. Later that day,
The New York Times reported that weeks earlier, before his associates
Lev Parnas and
Igor Fruman were indicted, Giuliani met with officials with the criminal and fraud divisions of the Justice Department regarding what Giuliani characterized as a "very, very sensitive" foreign bribery case involving a client of his. The
Times did not name whom the case involved, but shortly after publication of the story Giuliani told a reporter it was not Firtash. Two days later, the Justice Department stated its officials would not have met with Giuliani had they known his associates were under investigation by the
SDNY. diGenova has said he has known attorney general
Bill Barr for thirty years, as they both worked in the Reagan Justice Department.
The Washington Post reported on October 22 that after they began representing Firtash, Toensing and diGenova secured a rare face-to-face meeting with Barr to argue the Firtash charges should be dropped. Prior to that mid-August meeting, Barr had been briefed in detail on the initial
whistleblower complaint within the CIA that had been forwarded to the Justice Department, as well as on Giuliani's activities in Ukraine. Barr declined to intervene in the Firtash case. Firtash made his fortune brokering Ukrainian imports of natural gas from the Russian firm Gazprom. As vice president, Joe Biden had urged the Ukrainian government to eliminate middlemen such as Firtash from the country's natural gas industry, and to reduce the country's reliance on imports of Russian natural gas. Firtash denied involvement in collecting or financing damaging information on the Bidens. A week later, Firtash was released on bail of million (£105m, $172m), the largest in Austrian history. He said: "thankfully, I have the utmost confidence in the Austrian judicial system and will use all legal means to prove my innocence". He said U.S. authorities were making allegations that were "completely absurd and unfounded". In June 2019, extradition of Firtash was cleared by the Austrian Supreme Court and by Austrian Minister of Justice
Clemens Jabloner in July 2019. But as of July 2019, Firtash's defense team suspended his extradition.
Denial of U.S. extradition and attempted return to Ukraine, 2015 On 30 April 2015, the Vienna Regional Criminal Court rejected the U.S. request for the extradition of Firtash. Judge Christoph Bauer said that the request for extradition was "politically motivated". Bauer said that in the year since Firtash's arrest in Vienna, the U.S. authorities had not provided sufficient evidence that Firtash paid bribes in India, and in particular had not provided witness statements in support of its assertions. On 25 November 2015, German media reported that Firtash could return to Ukraine and participate in the FEU on 2 December. On 26 November, a spokesman for the Interior Ministry of Ukraine, Artem Shevchenko, said that the Interior Ministry had no criminal proceedings against Firtash, but there was a proceeding for the Ostchem group in which he was summoned as a witness. On 28 November 2015, the head of the Ukrainian airspace administration instructed that airspace be closed to private aircraft, to prevent Firtash from returning.
Court of Appeal ruling on U.S. extradition, 2017 On 21 February 2017, the High Regional Court of Vienna (
Oberlandesgericht Wien) reviewed the appeal and ruled that it was allowed to extradite Firtash to the U.S. The final decision on the extradition was deferred to the Federal Minister of Justice of Austria. Judge Leo Levnaic-Iwanski noted that U.S. authorities had provided additional documentation since the lower court had ruled against them. Firtash faces up to 50 years in prison and the seizure of all his assets. Immediately following the verdict, Firtash was arrested on a Spanish arrest warrant related to charges of money laundering.
Reopening of the proceedings, 2023 In June 2023 the
Oberlandesgericht Wien ruled in favor of Firtash's complaint regarding the previous rejection of his application for the resumption of proceedings. "This means that the extradition proceedings pending before the Vienna Regional Court for Criminal Matters initiated by the USA in 2014 are back to square one." The Spanish warrant was issued as part of an investigation into money laundering. The prosecutor's office in Vienna detained Firtash for 48 hours to determine its course of action. On 23 February 2017 Firtash was released from custody on the million bail deposited in 2014. However, that same day he was arrested and held in custody in connection with the U.S. extradition request. On 24 February, Vienna Regional Court dismissed the Vienna prosecutor's application to impose provisional detention pending surrender regarding the U.S. extradition case. The question where Firtash was to be extradited – to Spain or the United States – is in the jurisdiction of the Minister of Justice of Austria,
Wolfgang Brandstetter. In early September 2017,
Yevhen Yenin, Deputy
Prosecutor General of Ukraine, noted that Firtash's return to Ukraine was "an unrealistic event". Proceedings to hear extradition cases from the United States and Spain would be lengthy. Yenin also noted, "there is a political side to the case. If we consider the level of Firtash's defense, it includes Austria's former justice minister." In September 2017, anti-corruption groups including
Human Rights Watch, proposed that Firtash be placed on the
Magnitsky List and sanctioned by the United States government. On 19 December 2017, Vienna's Higher Regional Court cited insufficient documentation linking Firtash to alleged money laundering and organized crime: it decided against extraditing Firtash from Austria to Spain. ==UK sanctions==