Judge Sterling Johnson
Fishenko was president of Arc Electronics and Moscow-based electronics firm Apex Systems. A dual citizen of Russia and the United States, he has a valid Russian passport. Arrested in 2012 Fishenko was charged with unlawfully exporting advanced microelectronics to Russia's military and intelligence agencies in breach of the Arms Export Control Act and International Emergency Economic Powers Act. After denying a renewed bail application a magistrate judge ordered his detention. Challenging bail's denial Fishenko claimed, among other things, to be willing to surrender his passport and consent to electronic monitoring. He also contended that the purportedly illegally exported items were readily available from China. Denying bail, district court ordered Fishenko detained pending trial. Because the subject microelectronics can be used in missile guidance systems and detonation triggers, Fishenko poses a danger to the community if released on bail. His dual citizenship, significant personal ties with, and frequent travel to, Russia—with which the United States lacks an extradition treaty—rendered him a significant flight risk. No condition or combination of conditions would reasonably assure Fishenko's trial appearance.
