Marc Fogel designated “wrongfully detained” in Russia by U.S. government

Marc Fogel’s mom disappointed her son is still imprisoned in Russia

PITTSBURGH (KDKA) — Marc Fogel, a Pennsylvania man imprisoned in Russia, has been designated as “wrongfully detained” by the United States government, according to a U.S. Department of State spokesperson. 

That designation was made official in October.

Fogel is currently serving a 14-year sentence in Russia for possessing medical marijuana.

Who is Marc Fogel?

When the Butler County native and his wife flew back to Russia in August 2021 for their 10th and final year of teaching in the country, Marc Fogel was detained at the airport in Moscow after his family said he was carrying 17 grams of cannabis for medical reasons to treat chronic back pain.

The teacher from Oakmont was convicted of drug smuggling and drug possession and sentenced to 14 years at a high-security penal colony in Russia.

Fight to bring Marc Fogel home

Ever since his imprisonment, Marc Fogel’s family and lawmakers have been urging lawmakers to bring him home. 

In 2022, thousands of people signed a petition calling on the U.S. government to do more to bring him home. Lawmakers, including Pennsylvania Senators Bob Casey and John Fetterman and U.S. Rep. Guy Reschenthaler also have put pressure on President Joe Biden and Secretary of State Antony Blinken to designate his imprisonment as wrongfully detained.

In December 2022, the U.S. and Russia agreed on a prisoner swap that included WNBA player Brittney Griner, but Marc Fogel was not included in the deal.

In August, another prisoner swap between Russia and the U.S. brought home all Street Journal reporter Evan Gershkovich, Marine veteran Paul Whelan and Russian-American radio journalist Alsu Kurmasheva, but not Marc Fogel.

When President Biden was asked about Marc Fogel in August, he said, “We’re not giving up on that.”

An attempt was made to include Fogel in the Aug. 1 deal but officials were unable to make it happen.

Malphine Fogel, Marc Fogel’s mother, has previously criticized the Biden administration for not bringing her son home.

“I might be on borrowed time,” Malphine Fogel told KDKA-TV in July. “I don’t know how much time I have. I want to come home while I still know him.”

What does wrongfully detained mean?

Wrongfully detained is a designation that puts the full force of the U.S. government behind securing the release of the prisoner. 

According to the U.S. Department of State, once a person has been determined to be wrongfully detained, offices “throughout the State Department and other U.S. government agencies will work collaboratively with colleagues inside and outside the government to develop a strategy to secure their release.”

Getting the determination is very rare, as most cases of Americans being arrested or detained overseas “arise out of legitimate law enforcement and judicial processes,” according to the government. 

Malphine Fogel sued the government in June in an effort to get her son home from Russia.

What happens next to Marc Fogel?

Once the secretary of state designates someone as wrongfully detained, the U.S. government is required by law to work for their release, and can impose sanctions against the country holding them.

It also means the case gets transferred to a division known as the Office of the Special Presidential Envoy for Hostage Affairs, or SPEHA, which is focused on negotiating for the release of detainees and hostages around the world.  

But there is no clear timeline on how long it takes to release someone. 

KD Fabián contributed reporting.

Caitlin Yilek

contributed to this report.