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Paul Whelan obtained state secret data on flash card, lawyer says

His defense will file a cassation appeal against the court’s decision to uphold the US citizen's arrest

MOSCOW, January 22. /TASS/. US national Paul Whelan, suspected of espionage in Russia, obtained classified data on a flash card, his lawyer Vladimir Zherebenkov said, noting that his client thought this was open source information about culture.

"Whelan received secret data on a flash card, but he expected to get open source information of cultural importance," the lawyer said.

The defense of Whelan will file a cassation appeal against the Moscow City Court’s decision to uphold his arrest, Zherebenkov stressed. "We are not satisfied with this decision and will file a cassation appeal," he said.

Earlier on Tuesday, the Moscow City Court upheld Whelan’s arrest, rejecting a defense appeal to release him on bail. The court hearing took place behind closed doors as the case concerns state secrets.

Whelan’s detention

According to Russia’s Federal Security Service (FSB), Whelan was detained in Moscow on December 28, 2018, while on a spy mission. The FSB Investigative Department opened an investigation under Article 276 of the Russian Criminal Code (espionage), which carries a punishment of ten to 20 years in prison.

Whelan, 48, is corporate security director for automotive parts supplier BorgWarner. According to the Washington Post, he enlisted in the US Marines in 1994 and "rose through the ranks to become a staff sergeant, serving two tours in Iraq, in 2004 and 2006." However, Whelan "was discharged for bad conduct in 2008 after being convicted of several charges related to larceny."

Apart from US citizenship, Whelan also holds British, Canadian and Irish passports. US Ambassador to Russia Jon Huntsman visited him at Moscow’s Lefortovo pre-trial detention center on January 2.