What is the Magnitsky Act Anyway

The Global Magnitsky Act enables the United States to sanction the world’s worst human rights abusers and most corrupt oligarchs and foreign officials, freezing their U.S. assets and preventing them from traveling to the United States. Sanctioned individuals become financial pariahs and the international financial system wants nothing to do with them.

Before proceeding, ask yourself: is Global Magnitsky right for my case? The language of the Global Magnitsky Act as passed by Congress was ex-panded by Executive Order 13818, which is now the implementing authority for Global Magnitsky sanctions. EO 13818 stipulates that sanctions may be considered for individuals who are engaging or have engaged in “serious human rights abuse” against any person, or are engaging or have en-gaged in “corruption.” Individuals who, by virtue of their rank, have ordered others to engage or have facilitated these acts also are liable to be sanctioned.

Keep in mind that prior to the EO’s expansion of the language, human rights sanctions were limited to “gross violations of internationally recognized human rights” as codified in 22 USC § 2304(d)(1). The original language also stipulates that any victim must be working “to expose illegal activity car-ried out by government officials” or to “obtain, exercise, defend, or promote internationally recognized human rights and freedoms.” As for sanctions for corruption, it identifies “acts of significant corruption” as sanctionable offenses. This is generally thought to be a stricter standard than the EO’s term “corruption.” It may be worthwhile to aim for this higher standard to make the tightest case possible for sanctions.

As a rule, reach out to other NGOs and individuals working in the human rights and anti-corruption field, especially those who are advocating for their own Global Magnitsky sanctions. Doing so at the beginning of the process will enable you to build strong relationships, develop a robust network, and speak with a stronger voice.

Download the full guide to learn more.

***  And harass they did. Bill Browder is a distant buddy and I watched his communications this morning as he was arrested in Spain. The warrant:

  It was about 40 minutes later, he was released. He was in Madrid is to give evidence to senior Spanish anti Russian mafia prosecutor Jose Grinda about the huge amount of money from the Magnitsky case that flowed to Spain. Now that I’m released my mission carries on. Meeting with Prosector Grinda now. This was the SIXTH Russian arrest warrant using Interpol channels. It was NOT an expired warrant, but a live one. Interpol is incapable of stopping Russian abuse of their systems. He is right.

 

***

United States citizens are outraged about the Kremlin’s incursion into the U.S. electoral system, but that is unfortunately just the tip of the iceberg. Russia is also trying to hijack the U.S. judiciary for corrupt purposes, expropriation and political repression, which has received little attention.

Unlawful seizure of private assets and private companies by the Kremlin has been the norm since Vladimir Putin became president in 2000. Russia’s law enforcement agencies and courts are regularly used for the enrichment of the ruling elite.

Annual State Department and Freedom House reports underscore that the Russian judicial system lacks independence from the country’s powerful executive branch.

The Sergei Magnitsky case is the best-known example of the Russian state’s co-opting of the courts to support its kleptocracy. A cabal of Russian tax and law enforcement officers conspired to defraud Russian taxpayers of $230 million, the largest tax fraud in Russian history, by targeting Bill Browder’s company, Hermitage Capital.

When Magnitsky, Browder’s tax attorney, discovered the fraud and notified authorities, Hermitage and Magnitsky were charged with their own fraud. Magnitsky was then arrested and died in pre-trial detention at the age of 37.

Since then, Russian authorities have repeatedly called on Interpol to disseminate red notices to harass Browder and other victims. Interpol, which is meant to facilitate cross-border coordination among law enforcement agencies, is susceptible to abuse as it passes on requests and notices from states without much scrutiny.

Russia misuses Interpol’s red notices to gain the support of international law enforcement agencies, including U.S. law enforcement, in pursuing political dissidents and victims of corporate raiding.

Russian legal authorities also abuse the U.S. court system by exploiting U.S. federal discovery laws. Under these laws, a foreign party can use the U.S. federal courts to compel discovery from any person under U.S. jurisdiction.

The Russian authorities used this law repeatedly against Yukos and its affiliates, after confiscating the oil giant from Mikhail Khodorkovsky and other shareholders.

More recently, agents of the Russian state have engaged in two federal court cases in New York: a 2016 attempt to loot the assets of Janna Bullock and her real estate investment firm RIGroup, and a 2018 effort to plunder the personal property of banker Sergei Leontiev, a former shareholder of Probusinessbank.

The Russian state is using the discovery process to extract information to further criminal charges and extortion schemes against individuals who fled to the U.S. seeking the protection, safety and rule of law now being undermined.

The Russian government and its associates have developed similar strategies to use federal and state courts to recognize and validate bogus decisions from Russian courts, exploit the U.S. Bankruptcy Code on behalf of sham creditors aligned with the Russian state and enforce illegitimate claims and orders issued by corrupt Russian judges.

Although U.S. judges are permitted to consider evidence questioning the legitimacy of a foreign judicial decision, they are rightly hesitant to speculate on whether another country upholds the rule of law.

Such a determination requires significant analysis beyond the scope and ability of most courts and therefore leaves the U.S. judiciary ill-equipped to defend itself against Russian incursion.

The U.S. is slowly beginning to fight back against Russian intrusion into our courts. In 2017, the United States sanctioned two Russian private-sector lawyers, Yulia Mayorova and Andrei Pavlov, who repeatedly represented Russian government agencies in the United States.

After passage by Congress of the “Global Magnitsky Human Rights Accountability Act,” the U.S. sanctioned Artem Chaika, the son of Russia’s prosecutor general, who used his father’s position to extort bribes and win contracts for himself and his cronies, while driving out competition.

More needs to be done to keep Russian lawlessness abroad at bay. The House and Senate judiciary committees should investigate the hacking of U.S. courts and hold hearings to examine the threat they pose, with an eye toward developing legislation that will help block future attacks.

The Department of Justice and the State Department should consider establishing a joint task force to coordinate with U.S. courts, where victims of abuse by corrupt governments could submit their evidence.

The State Department already produces annual reports that opine on the state of foreign judiciaries, which can be put to good use to protect the integrity of U.S. courts.

Arkady Babchenko was Assassinated until he Wasn’t

Hat tip to Ukraine officials, they have fully embraced Russian tactics and used them against the Kremlin’s normal hit job assignments on journalists.

Related reading: Journalistic death and Critics toll in Putin’s Russia

Babchenko wrote a chilling book, titled One Soldier’s War in 2009. In 1995,  he was forced into the Russian military and sent to Chechnya. He has a history with the brutality of Putin.

***

Before ushering Babchenko into the room, Gritsak said investigators had identified a Ukrainian citizen who allegedly was paid $40,000 by the Russian security service to organize and carry out the hit. The unidentified Ukrainian man in turn allegedly hired an acquaintance to be the gunman, Gritsak said.

The man allegedly paid to organize Banchenko’s killing was detained Wednesday, he said, showing a video of the arrest.

Gritsak said killing Babchenko was part of a larger alleged plot by Russian security services. The Ukrainian man was also supposed to procure large quantities of weapons and explosives, including 300 AK-47 rifles and “hundreds of kilos of explosives,” to perpetrate acts of terror in Ukraine, he said.

Babchenko said he was not allowed to go into the details of the sting operation, but said Ukrainian law enforcement had been aware of a contract on his head for two months. He said he was approached by the Ukrainian Security Service, the SBU, a month ago.

KYIV — Ukrainian security officials said they faked the death of a dissident Russian journalist in an effort to catch people it says were involved in a Russian plot to kill him.

Vasyl Hrytsak, the head of Ukraine’s Security Service (SBU), shocked reporters at the SBU headquarters in Kyiv on May 30 when he announced that journalist and Kremlin critic Arkady Babchenko was still alive, a day after Ukrainian authorities announced he had been killed by a gunman outside of his Kyiv apartment.

Hrytsak told reporters that Ukrainian intelligence sources learned that Russia’s security services had ordered the killing of Babchenko several months earlier.

ALSO READ: Transcript Of Babchenko’s Remarks

Hrytsak also said a suspected organizer of an attempted murder plot against Babchenko, identified as a Ukrainian national, was detained as a result of a “special operation” by the SBU.

“We have prevented an attempted murder of Babchenko by carrying out a special operation,” Hrytsak said on May 30. “Thanks to this operation, we were able to foil a cynical plot and document how the Russian security service was planning for this crime.”

Babchenko made a dramatic appearance at the live May 30 television briefing after Hrytsak’s announcement, saying the fictitious reports of his death were part of an SBU operation that had been prepared for two months.

** Babchenko reacts during the news conference in Kyiv on May 30.Babchenko reacts during the news conference in Kyiv on May 30.

“As far as I know, this operation was prepared for two months. A result of that was this special operation,” Babchenko told the briefing. “They saved my life. I want to say thanks. Larger terrorist attacks were prevented.”

Babchenko did not specify what those other planned attacks were. But Hrytsak said the SBU had received information about a plot to kill 30 people in Ukraine, including Babchenko. The security service declined to say who the other 29 people were.

Hrytsak said the detained Ukrainian citizen in the case — a former separatist fighter in eastern Ukraine — had been recruited by Russia to find someone to kill Babchenko. The SBU said the Ukrainian suspect was given $40,000 to organize the killing of Babchenko — $30,000 for the killer and $10,000 for being an intermediary.

“It is known that once the killing was done, [the suspect] was planning to leave Ukraine…He was planning to travel to Russia via a third country,” Hrytsak said.

“We managed not only to break this cynical provocation but also to document the preparation of this shameful crime by Russian special services,” he added.

Prosecutor-General Yuriy Lutsenko, who appeared alongside Babchenko at the May 30 press briefing, said it was necessary to fake the journalist’s death so that the organizers of the plot to kill him would believe they had succeeded.

Babchenko said he had no choice but to take part in the operation.

“I did my job. I’m still alive,” Babchenko said.

“I would like to apologize for what you have all had to go through,” said Babchenko, who broke into tears at times. “I’m sorry, but there was no other way of doing it. Separately, I want to apologize to my wife for the hell that she has been through.”

Ukrainian President Petro Poroshenko said his government would provide round-the-clock protection to Babchenko and his family and called the security services’ effort a “brilliant operation.”

“Ukrainian law enforcement agencies are becoming stronger every day in countering Russian aggression,” Poroshenko said on Twitter. “It is unlikely that Moscow will calm down — I’ve given an order to provide Arkady and his family with protection.”

**

Вітаю з блискучою операцією зі збереження життя російському журналістові Аркадію Бабченку. Українські правоохоронні органи з кожним днем стають сильнішими у протидії російській агресії. Навряд чи Москва заспокоїться – доручив надати Аркадієві та його родині охорону

Translated from Ukrainian by

Congratulations with a brilliant operation on preserving the life of the Russian journalism Arcadia Babenku. Ukrainian law enforcement agencies are becoming stronger in counteraction to the Russian aggression. Hardly Moscow will calm down-commissioned to give the arcade and his Family Protection

Meanwhile, the Reporters Without Borders media watchdog criticized Ukrainian authorities for staging Babchenko’s death, saying it “would not help the cause of press freedom.”

“It is pathetic and regrettable that the Ukrainian police have played with the truth, whatever their motive…for the stunt,” Christophe Deloire, the head of the group, said.

“All it takes is one case like this to cast doubt on all the other political assassinations,” he said, referring to the deaths and attempted assassinations of several Kremlin critics outside of Russia in recent years.

Russian Foreign Ministry spokeswoman Maria Zakharova said after Babchenko’s reappearance on May 30 that officials in Moscow were glad Babchenko was still alive.

But Zakharova said Ukrainian officials had circulated a false story as “propaganda.”

Transcript: Arkady Babchenko’s Remarks After SBU Sting Operation (Edited)

“First, I’d like to apologize for everything you’ve had to go through. I’ve been at the funeral of many friends and colleagues, and I know this nauseous feeling. Sorry for imposing this upon you, but there was no other way.

“Special apologies to my wife for the hell she’s been through these two days. Olya, excuse me, please, but there was no other option.

“I’d also like to thank the Ukrainian Security Service (SBU) for saving my life. … This operation has been prepared for two months. I was told about this a month ago. …

“A week or two ago, Russia announced that [Islamic State] were preparing terrorist attacks before the Champions League [final in Kyiv]. I think it was going to be my [assassination]. …

“What else to say? As I said, two months ago I was approached and told that my assassination has been commissioned and money allocated. Forty-thousand dollars. It turns out I’m quite valuable!”

Kremlin spokesman Dmitry Peskov said that he had only seen media reports so far and otherwise had “no information on the matter.”

He said he did not know “who is doing the accusing and what the accusations are…I cannot say anything,” Peskov said.

Kyiv police and officials from Ukraine’s Interior Ministry had announced on May 29 that Babchenko had died in an ambulance on the way to a hospital after being shot in the back at his Kyiv apartment, where he has lived in exile since August 2017.

Reports of the 41-year-old’s supposed death had stunned colleagues and added to tension between Moscow and Kyiv, whose ties have been badly damaged by Russia’s seizure of Crimea and backing for separatist militants in a devastating war in eastern Ukraine.

In a post to Facebook just hours after news of Babchenko’s death emerged, Prime Minister Volodymyr Hroysman said, “I am convinced that the Russian totalitarian machine could not forgive his honesty and principled position.”

Before Babchenko’s dramatic reappearance on May 30, Peskov said allegations of a Russian assassination plan were part of an anti-Russia smear campaign.

Aleksandr Bortnikov, the head of Russia’s Federal Security Service (FSB), said Ukrainian allegations of an FSB plot were nonsense and a provocation.

Babchenko is well-known for his criticism of the Kremlin.

His reporting about Moscow’s support for pro-Russia separatist fighters in eastern Ukraine brought him severe criticism by Russian state media and from Russian officials.

Babchenko told RFE/RL in December 2016 that “all of the elements” of Russia’s state “propaganda machine” were engaged against him after he posted comments to Facebook about the crash of a Russian military plane in the Black Sea.

All 92 people on board were killed, including members of the Russian Army’s renowned choir, the Aleksandrov Ensemble, who were traveling to give a performance for Russian troops in Syria.

Babchenko said the reaction by state officials and state media to his remarks was intended to send a signal to Russian society that “we must be in one line; we must express sadness; we must appear sad — and anyone who doesn’t must be destroyed.”

‘Forced To Flee’

Babchenko told RFE/RL in late 2016 that State Duma Deputy Vitaly Milonov, Federation Council member Frants Klintsevich, and Russian media like Channel One and Life News were “stitching together some fake news” about him.

Babchenko said: “A major effort is being organized. They aren’t investigating why the plane crashed but instead are persecuting me.”

In February 2017, writing for Britain’s The Guardian newspaper, Babchenko said: “I can tell you what political harassment feels like in [President Vladimir] Putin’s Russia. Like many dissidents I am used to abuse, but a recent campaign against me was so personal, so scary, that I was forced to flee.”

Babchenko served in the Russian Army during the first separatist war in Chechnya in the 1990s before he became a journalist.

He worked as a military correspondent and wrote for several Russian media organizations, including the Moskovsky Komsomolets daily newspaper and Novaya Gazeta, as well as TV Tsentr, and Channel One TV.

He had been scathingly critical of the Kremlin in recent years. He moved to Kyiv in the autumn of 2017, where he worked as a host for the Crimean Tatar TV station, ATR.

FBI Working to Stop Massive Russian Malware Network

Sofacy Cyber-Espionage Group Resurfaces with New Backdoors ...  photo

Cisco’s Talos research unit yesterday reported its discovery of VPNFilter, a modular and stealthy attack that’s assembled a botnet of some five-hundred-thousand devices, mostly routers located in Ukraine. There’s considerable code overlap with the Black Energy malware previously deployed in attacks against Ukrainian targets, and the US Government has attributed the VPNFilter campaign to the Sofacy threat group, a.k.a. Fancy Bear, or Russia’s GRU military intelligence service.
Ukrainian cybersecurity authorities think, and a lot of others agree with them, that Russia was gearing up a major cyberattack to coincide with a soccer League Championship match scheduled this Saturday in Kiev as part of the run-up to the World Cup. They also think it possible an attack could be timed for Ukraine’s Constitution Day, June 28th.
The US FBI has seized a key website used for VPNFilter command-and-control, which US authorities hope will cripple the campaign. The Justice Department says that VPNFilter could be used for “intelligence gathering, theft of valuable information, destructive or disruptive attacks, and the misattribution of such activities.”

***

FBI agents armed with a court order have seized control of a key server in the Kremlin’s global botnet of 500,000 hacked routers, The Daily Beast has learned. The move positions the bureau to build a comprehensive list of victims of the attack, and short-circuits Moscow’s ability to reinfect its targets.

The FBI counter-operation goes after  “VPN Filter,” a piece of sophisticated malware linked to the same Russian hacking group, known as Fancy Bear, that breached the Democratic National Committee and the Hillary Clinton campaign during the 2016 election. On Wednesday security researchers at Cisco and Symantec separately provided new details on the malware, which has turned up in 54 countries including the United States.

VPN Filter uses known vulnerabilities to infect home office routers made by Linksys, MikroTik, NETGEAR, and TP-Link. Once in place, the malware reports back to a command-and-control infrastructure that can install purpose-built plug-ins, according to the researchers. One plug-in lets the hackers eavesdrop on the victim’s Internet traffic to steal website credentials; another targets a protocol used in industrial control networks, such as those in the electric grid. A third lets the attacker cripple any or all of the infected devices at will.

The FBI has been investigating the botnet since at least August, according to court records, when agents in Pittsburgh interviewed a local resident whose home router had been infected with the Russian malware. “She voluntarily relinquished her router to the agents,” wrote FBI agent Michael McKeown, in an affidavit filed in federal court. “In addition, the victim allowed the FBI to utilize a network tap on her home network that allowed the FBI to observe the network traffic leaving the home router.”

FBI working to disrupt massive malware network linked to Russia

The FBI is working to disrupt a massive, sophisticated Russia-linked hacking campaign that officials and security researchers say has infected hundreds of thousands of network devices across the globe.

The Justice Department late Wednesday announced an effort to disrupt a botnet known as “VPNFilter” that compromised an estimated 500,000 home and office (SOHO) routers and other network devices. Officials explicitly linked the botnet to the cyber espionage group known as APT 28, or Sofacy, believed to be connected to the Russian government.

Officials said that the U.S. attorney’s office for the western district of Pennsylvania has obtained court orders allowing the FBI to seize a domain that is part of the malware’s command-and-control infrastructure. This will allow officials to redirect attempts by the malware to reinfect devices to an FBI-controlled server, thereby protecting devices from being infected again after rebooting.

Assistant Attorney General for National Security John C. Demers in a statement described the effort as the “first step in the disruption of a botnet that provides the Sofacy actors with an array of capabilities that could be used for a variety of malicious purposes, including intelligence gathering, theft of valuable information, destructive or disruptive attacks, and the misattribution of such activities.”

Cybersecurity researchers first began warning of the destructive, sophisticated malware threat on Wednesday. Cisco’s Talos threat intelligence group said in a blog post Wednesday that VPNFilter had infected at least 500,000 devices in 54 or more countries.

The researchers had been tracking the hacking threat for several months and were not ready to publish their findings, but when the malware began infecting devices in Ukraine at an “alarming rate,” they decided to publish their research early.

“Both the scale and the capability of this operation are concerning. Working with our partners, we estimate the number of infected devices to be at least 500,000 in at least 54 countries,” the researchers wrote.

The malware targets home and office routers and what are known as network-access storage (NAS) devices, hardware devices that store data in one, single location but can be accessed by multiple individuals — creating a massive system of infected devices, commonly known as a botnet.

VPNFilter also uses two stages of malware, an unusual set up that makes it more difficult to prevent a device from being re-infected after it is rebooted. The FBI on Wednesday urged individuals whose devices may have been infected to reboot them as soon as possible.

The FBI is also also soliciting help from a nonprofit known as the Shadowserver Foundation, which will pass the IP addresses to internet service providers, foreign computer emergency teams and others to help stem the damage.

The malware is the latest sign of the growing cyber threat from Russia. News of the outbreak comes roughly a month after senior U.S. and British officials blamed the Russian government for coordinated cyberattacks on network devices in an effort to conduct espionage and intellectual property theft.

The U.S. has also blamed Moscow for the global cyberattack known as notPetya that ravaged computers across the globe last summer, calling it the most destructive and costly cyberattack in history.

The code of VPNFilter has similarities with version of another malware known as BlackEnergy, which was used in an attack on Ukraine’s power grid in late 2015. The Department of Homeland Security has linked the malware to the Russian government.

President Trump Withdraws from North Korea Nuclear Summit

A letter from President Donald Trump to North Korean dictator Kim Jong Un canceling their planned meeting.  There are several things in play. China, Iran and Russia and North Korea are watching all U.S. positions and it began with the Pompeo demands announced of Iran since exiting the JCPOA, nuclear deal. Iran has not only responded with several nasty grams but Iran is putting threats towards Europe on many of their demands to stay in the deal.

National Security Counsel chair John Bolton is also being blamed by North Korea for the breakdowns due to the reference of the Libya model. That is an excuse as the Libya model for removing the nuclear program was far in advance of the removal of Maummar Gaddafi and his eventual death.

Further, there is the matter of China injecting itself into the preparations and talks between North Korea and the United States. North Korea follows all advise and leads from President Xi. Now, where are those pesky nuclear weapons in North Korea since the nuclear test site collapsed and was further blown up in a gesture move for selected outside media?

There is also the issue of the other locations of interest in North Korea that the United States is well aware of that proves China has aided and assisted in the military sites and nuclear program as had Iran and Russia. China does not want to be confronted with that proof.

Further, there is the matter of the ‘nuclear umbrella’.  Japan, South Korea, and the United States Nuclear Umbrella

In this book, Terence Roehrig provides a detailed and comprehensive look at the nuclear umbrella in northeast Asia in the broader context of deterrence theory and U.S. strategy. He examines the role of the nuclear umbrella in Japanese and South Korean defense planning and security calculations, including the likelihood that either will develop its own nuclear weapons. Roehrig argues that the nuclear umbrella is most important as a political signal demonstrating commitment to the defense of allies and as a tool to prevent further nuclear proliferation in the region. While the role of the nuclear umbrella is often discussed in military terms, this book provides an important glimpse into the political dimensions of the nuclear security guarantee. As the security environment in East Asia changes with the growth of North Korea’s capabilities and China’s military modernization, as well as Donald Trump’s early pronouncements that cast doubt on traditional commitments to allies, the credibility and resolve of U.S. alliances will take on renewed importance for the region and the world.

The U.S. nuclear umbrella in the region is not focused on North Korea but also incorporates planning against potential Chinese aggression. Nullifying or weakening the umbrella over the Peninsula, some would argue, might leave South Korea open to potential Chinese coercion and send the wrong signal at a time when China is seem by some as trying to pressure Taiwan and reassert its influence in the region.

Related reading: Japan Under the US Nuclear Umbrella

Related reading: The US Nuclear Umbrella Over South Korea

Russia’s 53rd Missile Brigade Did Shoot Down MH17

Now the question is why? Could it have been a single message to Ukraine to not mess with Russia as it was invading Ukraine?And directly after this attack, the President of Petro Poroshenko fled to Russia.

The other question is, what is the consequence for Russia? MH17, a passenger jet was flying from Amsterdam to Kuala Lampur and was blown out of the sky over Ukraine. Communications intercepts show that pro-Russian rebels had called for the launch of a surface to air missile weapon.

Buk-Rakete traf Flugzeug: Ermittler: MH17 mit russischer ...
Fred Westerbeke, Chief Prosecutor of the Dutch Prosecutor’s office, presents interim results in the ongoing investigation of the 2014 MH17 crash that killed 298 people over eastern Ukraine, during a news conference in Bunnik, Netherlands, May 24, 2018. REUTERS/Francois Lenoir

BUNNIK, Netherlands (Reuters) – Prosecutors investigating the downing of Malaysia Airlines Flight 17 over eastern Ukraine in 2014 said on Thursday they had identified the missile used to shoot down the plane as coming from a Russian military unit. The airliner was hit by a Russian-made missile on July 17, 2014, with 298 people on board, two-thirds of them Dutch, over territory held by pro-Russian separatists. All aboard died.

Wilbert Paulissen, head of the crime squad of the Netherlands’ national police, said the missile had been fired from a carrier belonging to Russia’s 53rd Anti-Aircraft Brigade.

“All the vehicles in a convoy carrying the missile were part of the Russian armed forces,” he told a televised news conference.

Russia has denied involvement in the incident. There was no immediate comment from Moscow on the investigative development.

In an interim update on their investigation, prosecutors said they had trimmed their list of possible suspects from more than a hundred to several dozen.

“We have a lot of proof and a lot of evidence, but we are not finished,” said chief prosecutor Fred Westerbeke. “There is still a lot of work to do.”

He said investigators were not yet ready to identify individual suspects publicly or to issue indictments. The question of whether members of the 53rd Brigade were actively involved in the downing of the plane remains under investigation, he said.

Westerbeke called on witnesses, including members of the public, to help identify members of the crew that was operating the missile system. He also asked for tip-offs in determining what their orders were and in identifying the officials in charge of the brigade.

A Joint Investigation Team, drawn from Australia, Belgium, Malaysia, the Netherlands and Ukraine, is gathering evidence for a criminal prosecution in the downing of the plane.

The Dutch Safety Board concluded in an October 2015 report that the Boeing 777 was struck by a Russian-made Buk missile.

Westerbeke called on witnesses, including members of the public, to help identify members of the crew that was operating the missile system. He also asked for tip-offs in determining what their orders were and in identifying the officials in charge of the brigade.

A Joint Investigation Team, drawn from Australia, Belgium, Malaysia, the Netherlands and Ukraine, is gathering evidence for a criminal prosecution in the downing of the plane.

The Dutch Safety Board concluded in an October 2015 report that the Boeing 777 was struck by a Russian-made Buk missile.

Dutch prosecutors said in September 2016 that 100 “persons of interest” had been identified in the investigation, while Australian and Malaysian officials had initially expressed hope that suspects’ names would be made public in 2017.

Eventual suspects are likely to be tried in absentia in the Netherlands after Russia used its veto to block a U.N. Security Council resolution seeking to create an international tribunal to oversee criminal complaints stemming from the incident.