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Criminal charges against two prominent fencing teachers in Dublin were dropped late last month due to insufficient evidence, according to the Alameda County District Attorney’s Office.
Prime Fencing Academy’s Bogdan Dolzhenko, a Ukraine national team fencer, and his wife Jeanne Amistoso had been accused of bilking immigrant instructors from Eastern Europe — allegations the couple denied through their lawyers.
The DA’s office filed charges Jan. 5 against Dolzhenko for 12 counts and Amistoso for four felonies and one misdemeanor. Both defendants faced special allegations as well.
Although the case was dropped Feb. 24, the couple remains on a temporary suspension from teaching at Prime Fencing as they await a final hearing this week with the sport’s regulatory organization USA Fencing.
Nevertheless, Dolzhenko and Amistoso are glad to put the litigation behind them.
“The dismissal is consistent with what we’ve maintained since day one,” Dolzhenko’s attorney Julia Jayne said on behalf of the couple.
“They’re obviously so relieved and just feel like this horrible nightmare is over,” Jayne added during an interview with Pleasanton Weekly. “However, there’s still a lot of rebuilding to do because they did lose a number of students because of the way that the press framed it.”
For Dmytro Farionov, one of the four victims named in the Jan. 5 criminal complaint, the case’s dismissal has been upsetting.
“All I can say is that I can only congratulate Bogdan on the fact that his ‘brilliant’ plan is working,’ Farionov said in an email interview. “He does whatever he wants, lies, and his wife Jeanne covers everything up and saves him.”
Kicking off the litigious battle, the DA’s office filed a criminal complaint against Dolzhenko and Amistoso, including a total of 41 charges against Dolzhenko and 12 charges against Amistoso.
On Jan. 16, USA Fencing temporarily suspended the couple’s membership with the organization, including their ability to coach at Prime Fencing.
Also during mid-January, the couple stepped back from teaching at the studio.
According to Jayne, Dolzhenko and Amistoso faced a decision to either temporarily shut down Prime Fencing or restructure the underlying business Prime Fencing Academy LLC.
The studio subsequently closed from Jan. 17-20, the company’s spokesperson David Oates told Pleasanton Weekly.
Prime Fencing Academy reopened Jan. 21 under the sole managing member Illia Bilko, an instructor at the academy, Oates said.
“It was restructured so that they were not in those managed member roles, so that the club could stay open as a temporary measure,” Jayne explained. “It was triggered entirely by USA Fencing and the desire that the club not completely shut down.”
On Jan. 22, Dolzhenko and Amistoso were arraigned wherein they both pleaded not guilty to all counts and denied all special allegations, according to court records.
“The charges in this matter were dismissed because there was insufficient evidence to corroborate the charges beyond a reasonable doubt,” the DA’s office said of the Feb. 24 pretrial hearing.
Records had been subpoenaed from Maximum Fencing Club, Bay Area Fencing Club, Cust. Rec. Maximum Fencing Club as well as from T-Mobile, according to court records on Amistoso. The court records did not provide further details into the subpoenaed materials.
Although the charges have been dismissed, the couple must be reinstated by USA Fencing before teaching again at Prime Fencing Academy.
Their final hearing with USA Fencing is scheduled for March 12.
“USA Fencing is unable to comment on ongoing proceedings, but any final outcome will be communicated to members at the appropriate time,” organization officials told Pleasanton Weekly.
Since the teachers’ suspension was based on legal charges, Jayne expects that USA Fencing will reinstate the couple.
“We’re grateful to the DA’s office for making that determination in a very prompt, efficient manner so that they can get back into teaching,” Jayne said. “It would be a disservice to everybody if they weren’t reinstated.”
Although the defendants have breathed a sigh of relief, ex-employee Farionov is dismayed over the decision. In response, He reiterated allegations included in the criminal complaint such as withholding wages and benefits.
“He promises you one thing, so you fly there and start working, and then you are not paid what you were promised,” Farionov said of Dolzhenko. “You arrive at the apartment where you are supposed to live, and there is nothing there—no dishes, nothing at all.”
According to the United States District Court for the Northern District of California, there are no pending cases against Dolzhenko or Amistoso.
