Detention of CEO Club Head Karchuk: New Case Details in an RBC-Ukraine Exclusive

Karchuk's defense – about alibi evidence, possible data theft, and appeal. The arrest of Dmitro Korchuk, director of the large business community CEO Club Ukraine, at the Polish border, caused significant resonance in the business environment. CEO Club Ukraine brings together Ukrainian business owners and executives and is one of the largest closed business communities in the country. A Polish court has ordered a custodial measure in the form of 60 days in detention. Karchuk was detained 28 in July at the Polish border on the basis of an arrest warrant issued by German authorities. According to German prosecutors, the offender posed as a representative of a logistics company and personally took a load by truck from a warehouse in Germany 171 an electric bike with a total value of almost 127 thousand euros. The defense insists that Karchuk is not involved in the alleged actions, and his personal data could have been used by third parties. Lawyers cite, in particular, evidence of Karchuk's presence in Ukraine during the relevant period. In an interview with RBK-Ukraine, Dmitro Karchuk's lawyer, partner at Arzinger, Kateryna Gupalo, and founder of CEO Club Ukraine, Serhiy Haidachuk, told about key alibi evidence, procedural steps in Polish and German courts, support from the MFA and the Ukrainian business community. Main: The defense 5 August filed an appeal against the Polish court's ruling on the arrest of Dmitry Karchuk for 60 days. Lawyers consider testimony of witnesses, medical documents, and data on Karchuk's presence in Ukraine as the key alibi evidence. In Germany, the defense will challenge the grounds of the European arrest warrant and verify the version of mistaken identity or unlawful use of personal data. Entrepreneurs should preserve documents and digital traces that can confirm their location on a specific day. The duties of CEO Club Ukraine's director are temporarily distributed among the team, and the Ukrainian MFA consular service provides appropriate support. About the RBK-Ukraine case: What evidence has the defense already gathered to confirm that Dmitro Karchuk could not be involved in the alleged actions? Have new circumstances appeared after the arrest that could significantly affect the course of the case? Kateryna Gupalo: The defense has already gathered and continues to gather evidence confirming that, during the period when the alleged actions occurred per the German side, Dmitro was in Ukraine. In particular, there are numerous witnesses who personally saw Dmitro in Ukraine both on the day mentioned in the European arrest warrant materials and in days prior to that date. Moreover, at the beginning of September Dmitro underwent surgery. According to doctors' recommendations, he moved on crutches, underwent postoperative rehabilitation, and regularly had dressings. Medical records confirming these circumstances will also be added to the case materials. Also, Dmitro's passport contains markings indicating absence of overseas travel during the period under investigation. Additionally, the defense sent a request to the State Border Guard Service of Ukraine for official confirmation of crossing the state border and expects a response within legally established timelines. RBK-Ukraine: When is the appeal or request for Dmitro's release on bond expected to be considered? What is the defense's final goal? K.G.: In Poland, attorneys filed 5 in August an appeal against the decision to apply a temporary arrest. The exact date of the appeal's consideration will depend on the procedural schedule of the Polish court and is not yet determined. Separately, the defense will consider filing a motion to modify the preventive measure – in particular, to release on bail or on personal sureties. Predicting the court's decision at this stage would be premature; however, the lawyers will use all legally provided mechanisms to secure Dmitro's release from custody pending the European arrest warrant proceedings. Since the European arrest warrant was issued by a German competent authority, the defense will challenge the legal and factual grounds for its existence in Germany. Evidence of Dmitro’s presence in Ukraine will be submitted to German authorities, as well as materials that may indicate mistaken identity or unlawful use of his personal data. The defense's ultimate goal is to cancel the grounds for prosecuting Dmitro Karchuk and to close the criminal proceedings against him in Germany. Read also: October will be the month of a major privatization: interview with Dmitro Nataliukha, DSMU On data theft RBK-Ukraine: Are there already known which documents or personal data of Mr. Dmitro could have been used? Or were there suspicions before that his personal data could end up in third parties? K.G.: German lawyers are working to obtain access to case materials. This will allow determining exactly which documents were presented during the alleged events, what personal data they contained, and how they could be related to Dmitro Karchuk. After reviewing the materials, lawyers will determine whether the authentic document was used or if it was a fully forged document, and by what route his personal data could have ended up with individuals involved in the wrongdoing. There is no confirmed information yet about the type of document, the method of obtaining personal data, or a potential source of leakage. RBK-Ukraine: What decisions in the case do you expect in the near future? K.G.: At the moment, the procedure to transfer Dmitro to Germany has not started yet. For now, the defense is appealing the Polish court's decision to apply temporary arrest. The appeal's consideration is expected soon. The Polish court may leave the preventive measure unchanged or modify it – in particular, release Dmitro on bail or on personal guarantees. Further developments depend on decisions of the competent authorities in Poland and Germany. If a decision to execute the European arrest warrant is made, the transfer procedure to the German side may begin. After that, issues of his procedural status and possible preventive measures will be decided by German authorities under German law. At the same time, the defense will present evidence that, in their view, confirms Dmitro could not be involved in the alleged events, and that his personal data could have been used by third parties. If these proofs are found convincing, the defense hopes for termination of Dmitro's criminal prosecution and closing of the proceeding against him. This does not mean the investigation into the crime itself is stopped. If it is established that other individuals committed the crime, competent authorities should continue their search and bring them to justice. The defense does not dispute that a real crime occurred, but insists: Dmitro Karchuk is not involved. RBK-Ukraine: In your view, what will be the turning point in this case? K.G.: The turning point should be a full acquaintance of the lawyers with the case materials and cross-checking the data therein with the evidence collected by the defense. It is crucial to determine on what specific documents and personal data Dmitro was identified as a possible participant in the crime. Parallel, the defense provides evidence of his presence in Ukraine during the relevant period: witnesses' statements, medical documents, border-crossing data, and other materials. The key will be the moment when these proofs receive proper procedural assessment and it will be established whether mistaken identity or unlawful use of Dmitro's personal data could have occurred. We expect that after obtaining the case materials and their detailed analysis, it will become clear how Dmitro’s name appeared in this proceeding. That will determine the subsequent course of the case and create grounds to terminate his criminal prosecution. Read also: All men must serve, as in Israel, there is no other way: interview with Andriy Sadovyi On CEO Club Ukraine and the work of the MFA RBK-Ukraine: Since this concerns possible identity theft, what would be the CEO Club Ukraine's top recommendations to Ukrainian entrepreneurs to protect themselves from similar incidents abroad? Serhiy Haidaichuk: The Dmitro situation showed that unlawful use of personal data can have extremely serious consequences, up to the detention of a person in another country. At the same time, we still do not know which documents or data could have been used in this case, so we do not want to draw premature conclusions. We would advise entrepreneurs to be as diligent as possible with copies of passports, driver's licenses, signatures, and other documents shared with contractors, service companies, or intermediaries. It’s important to understand who receives these data, for what purpose they are used, and how they are stored. It’s essential to keep documents that can confirm your whereabouts: border-crossing data, reservations, bank transactions, medical documents, business correspondence, and other digital traces. Usually people do not think about the need to prove where they were on a certain day, but in a critical situation a set of such data can be decisive. Also, in case of loss of documents, data leakage, or suspicious activity, immediately officially record it, contact law enforcement, banks, and other relevant institutions. For entrepreneurs who regularly work and travel abroad, it is also important to have lawyers' contacts in countries where they operate. After the defense gains access to the case materials and it becomes clear which data could have been used, we can formulate more specific recommendations for the business community. RBK-Ukraine: Has this situation affected the work of CEO Club Ukraine and the organization of community events? Who is currently acting as director? S.G.: Undoubtedly, this situation posed a serious emotional and organizational challenge for the whole team. At the same time, CEO Club Ukraine continues to operate and fulfill its obligations to the members of the community. In Dmitro's absence, his duties are temporarily distributed among team members. We deliberately did not appoint a single person to officially replace him as director: each is responsible for their area, and managerial decisions are made collectively. The team does everything possible to ensure the situation does not affect the club's work and the implementation of planned projects and events. For us, it is important to preserve the community's stability while providing Dmitro and his defense with all necessary support. RBK-Ukraine: How do CEO Club Ukraine members respond to this situation, and what kind of help from the business community does the defense currently need? S.G.: CEO Club Ukraine members have actively joined in supporting Dmitro. Essentially the entire community has rallied around this situation: members help with communications, organization, expertise, and through their international connections. This support is visible in a wave of posts on social media—not only from CEO Club Ukraine members but also from representatives of the broader Ukrainian business community. For us this is an important sign of solidarity and trust in Dmitro as a person many have known personally for many years. Currently, the defense has legal assistance in Poland, Ukraine, and Germany. Therefore, it is not so much about finding additional lawyers as about consolidated public and professional support: spreading verified information, assisting with international contacts, and readiness to corroborate circumstances that may matter to the case. At the same time, any assistance should be coordinated with the defense so that public statements or separate initiatives do not harm Dmitro's legal position. That is why we ask to rely exclusively on verified information and avoid unverified assumptions. RBK-Ukraine: How do you assess the work of the Ministry of Foreign Affairs of Ukraine and the consul in this case? Is Dmitro receiving sufficient help? S.G.: The Ministry of Foreign Affairs of Ukraine and the consular service promptly joined the situation. A representative of the Ukrainian Consulate has already visited Dmitro in custody, personally spoke with him, and also with the warden. According to Polish lawyers, the consul did everything possible within his authority to provide Dmitro with the necessary assistance at this stage. We appreciate the prompt response, the personal visit, attention to his condition, and monitoring of his rights. Given the circumstances, Dmitro is feeling well. He did not register any complaints about treatment or conditions of detention and asked that this information be conveyed to his wife. Dmitro also expressed heartfelt thanks to the consul for the visit, attention, and support. At the same time, it is important to understand that the MFA and consular service cannot intervene in the work of Polish or German courts or influence procedural decisions. Their task is to monitor compliance with the rights of a Ukrainian citizen, ensure consular access and proper detention conditions, and maintain communication with competent authorities. At this stage, we believe Dmitro receives proper consular support and hope that the MFA and consular service will continue to accompany the case within their powers. Read also: We don’t need an ultimatum: interview with Budanov on war, Poland, and Zelensky