U.S. Department of Justice - CyberCrime.gov Archived

Copyright Cases - U.S. v. Kislyansky (N.D. Ohio.)


U.S. Department of Justice
United States Attorney
Northern District of Ohio


The Organized Crime Strike Force Unit of the United States Attorney’s Office for the Northern District of Ohio reports that on April 2, 2001, Judge Lesley Wells sentenced Leonid Kislyansky and his son, Michael Kislyansky, on two counts of criminal copyright infringement and aiding and abetting.

Judge Wells sentenced Leonid Kislyansky to 18 months incarceration, three years supervised release and ordered him to pay a special assessment of $100. Judge Wells sentenced Michael Kislyansky to 12 months and one day incarceration, three years supervised release and ordered him to pay a special assessment of $100. The judge further ordered both men to pay restitution jointly and severally to Microsoft Corporation in the amount of $577,289. The Kislyanskys pleaded guilty to two counts of criminal copyright infringement, 17 U.S.C. § 506(a)(1) and 18 U.S.C. § 2319, and aiding and abetting, 18 U.S.C. § 2. Both defendants admitted that between December 25, 1998 and October 25, 1999, they knowingly distributed more than 28,000 copies of illegitimate Microsoft software programs with an estimated retail value over $15,518,000 through their company, Alpha Com, Inc., aka, Cyber Mag, Inc. The defendants admitted that they sold the software for approximately $577,289. In exchange for their guilty pleas, Judge Wells granted the government’s motion to dismiss two counts of obstruction of justice against Michael Kislyansky.

In addition to the Kislyanskys, three other defendants have pleaded guilty to single counts of criminal copyright infringement in separate informations. One of the defendants, Alexander Mayzel, was an Alpha Com customer who purchased illegitimate software from the Kislyanskys for resale. Mayzel was sentenced by Judge Wells on February 21, 2001 to six months home confinement with electronic monitoring, three years supervised release and ordered to pay restitution to Microsoft Corporation in the amount of $120,000. Mayzel pleaded guilty to one count of criminal copyright infringement, 17 U.S.C. § 506(a)(1) and 18 U.S.C. § 2319. Mayzel admitted that he purchased illegitimate software programs from Alpha Com and resold the programs through his company, Solaris Software, Inc.

The second defendant who was sentenced, Konstantin Ivakin, was an employee of Alpha Com. Ivakin was sentenced by Judge James Gwin on February 13, 2001 to five months incarceration followed by five months home confinement with electronic monitoring, three years supervised release and was ordered to pay restitution to Microsoft Corporation in the amount of $239,385. The third defendant, Rostislav Soroka will be sentenced on May 22, 2001.

The case was investigated by Special Agents of the FBI and was prosecuted by Assistant United States Attorney Richard H. Blake of the Strike Force Unit.

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