761.5211 Gubitchev, Valentin A./3–950

Memorandum by the Deputy Legal Adviser (Tate) to the Secretary of State

Judge Ryan today sentenced Valentin Gubitchev to five years on the first count of the indictment and ten years on the third count of the indictment, the terms to run consecutively. No fine was imposed.

The Court then announced that, on the basis of the Government’s recommendation, the Court would arrange for Gubitchev to be brought before it again, for resentencing under Article 35 of the Federal Rules of Criminal Procedure, if arrangements were made for Gubitchev to leave the United States. The Judge said that on resentencing he would suspend the sentence on condition of Gubitchev’s leaving the country within two weeks, never to return.1

  1. On March 15, 1950, Gubichev cancelled the appeal of his conviction and agreed to leave the employ of the United Nations and to depart from the United States. He was scheduled to leave from New York on March 20 on the S.S. Batory destined for Gdynia, Poland. Arrangements were made so that on the day of departure Judge Ryan would change the original sentence to a suspended sentence. Then Gubichev would be taken under guard to a Coast Guard cutter, which would transport him to the limits of the territorial waters of the United States, where he would be put aboard the Batory on the open sea.