Law enforcement has arrested two leaders of a Russian-owned phone hacking company used by Kremlin agencies who allegedly masked its foreign ownership from the U.S. Defense Department, Department of Homeland Security and others to win millions of dollars worth of contracts, the Justice Department announced Wednesday.

Lee Reiber of Boise, Idaho, the CEO of Oxygen Forensics (Oxygen US), was arrested in his home state and Oleg Davydov, one of five Russian nationals whom DOJ said actually controlled the company, was arrested in London, from where the department plans to seek his extradition. They face charges of conspiracy to commit wire fraud.

Publicly, Oxygen went to great lengths to present Reiber as the true leader of a company based in Alexandria, Va., asserting that the company was not controlled by Russian-based executives, according to a criminal complaint., While the company told government agencies it was U.S.-owned, Russian officials with the company repeatedly overruled him, the complaint alleges. 

Oxygen’s business aims were complicated in 2022 after the United States expanded sanctions against Russia following its invasion of Ukraine. That’s when the company installed Reiber as CEO and removed the owners from public corporate filings. An unnamed co-conspirator in the complaint nonetheless said that “fateful decisions will be made by” five shareholders, including Davydov. 

Since March 2022, Oxygen has sold its forensics software to the U.S. Secret Service, Homeland Security Investigations, the DHS inspector general and DOD. After the 2022 sanctions, Oxygen won more than $2 million in contracts and purchases from the Secret Service and its National Computer Forensics Institute. Reiber asserted U.S. ownership as recently as February of this year to the NCFI, according to the complaint.

Reiber knew the company had to conceal its true ownership, the complaint states. Oxygen and its competitors have quarreled in the media and in courts. Oxygen in 2023 faced accusations that Oxygen US and Oxygen Russia were both using software code reverse-engineered from Elcomsoft’s products. Oxygen Russia’s customers included the Russian Federal Security Service (FSB). 

“The accusation mattered to Reiber because answering it truthfully would have required disclosing that Oxygen US and Oxygen Russia sold the same software, developed by the same team, and were owned by the same people,” the complaint reads, citing email correspondence.

Knowing Oxygen’s actual ownership configuration would’ve changed the equation for the government agencies, according to the complaint.

“Procurement officials at the U.S. government customers have represented that they would not have awarded or renewed contracts for the forensic software had they known that OxygenUS was a Russian-owned company,” the complaint reads.

Natalia Krapiva, senior tech-legal counsel at Access Now, celebrated what she nonetheless called an overdue move from DOJ.

“For years, civil society warned that Oxygen Forensics was owned and built from Russia. Now the Justice Department confirmed it,” Krapiva told CyberScoop. “We applaud the U.S. government for taking this crucial step, but the fact that it took so long is both a national security and a human rights scandal.”

“The same technology that extracted data for U.S. investigations has been used inside Russia to jail journalists, activists, and peaceful dissenters. And it doesn’t stop at the U.S. border,” she continued. “We call on the U.S. and over 100 governments using this technology to immediately sever all ties to the company, implement sanctions, and conduct full investigation(s) of how Russian tech designed for the FSB spent all these years inside their sensitive law enforcement operations.”

Court-listed attorneys for Reiber listed in court documents didn’t respond to requests for comment. No attorney for Davydov could be located.

The DOJ in its announcement specified that “The complaint does not allege that the software contained malicious code or that it was used to gain unauthorized access to any customer’s computer systems or data.”

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