Updated Magnitsky Act Introduced in U.S. Congress

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Sergei Magnitsky was a lawyer who represented Hermitage Capital Management – an UK-based investment fund company who specialised in Russian markets and prided themselves on exposing corruption and misconduct in Russian enterprises. In 2006 the CEO of the company had his visa annulled and was labelled a ‘threat to national security’ by the Russian government. Yeah, more like a threat to the pockets of corrupt businessmen and bureaucrats. Anyway, a year later, after the company refused to pay bribe money to ‘officials’, their Moscow offices were raided. As were the offices of Firestone Duncan, the law firm who represented Hermitage Capital and were Magnitsky worked. Documents and computers were seized. Hermitage had become a victim of ‘corporate raiding’ – a practice in which companies and assets are seized with the aid of corrupt law enforcement officials and judges. Well, the Hermitage case is really interesting (and quite frustrating) and you should go and look it up but we are here to talk about Magnitsky.

Sergei represented Hermitage on charges of tax evasion and fraud. Y’know, them things the government wheels out when they want to get rid of a business (or steal it) – I’m being cheeky today, excuse me. During his investigations he came to believe that tax fraud had been committed, but not by Hermitage. He discovered evidence that suggested that a group of criminals had stolen Hermitage documents and used them to illegally reclaim £140m of taxes from the Russian government – money that belonged not to Hermitage, but to the Russian people. If Magnitsky’s suspicions were true then the police, the judiciary, tax officials, bankers and the Russian mafia would’ve been implicated. His claims were initially dismissed but his main accusation, that Hermitage had not committed fraud but had in fact been victimized by it would eventually be validated.

But before this, Magnitsky had been out under investigation himself. Who by? Only one of the policemen he had testified was behind the fraud. I think you can all see where this is going. The Russian government opened up a criminal case against Magnitsky and in November 2008 was arrested and accused of facilitating corporate tax evasion. He was held for 11 months without trial and during his incarceration he developed gall stones, pancreatitis and calculous cholecystitis for which he was given inadequate treatment. Magnitsky was due to undergo surgery but it was never performed – a detention centre chief later declaring that he “did not consider Magnitsky sick’. According to him, ‘Prisoners often try to pass themselves off as sick, in order to get better conditions’.

On the 16th of November 2009, eight days before it would’ve been legally required that he be released, Magnitsky tragically died. He had served 358 days in prison. Magnitsky had been complaining of worsening stomach pain for five days prior to his death and by the 15th he was vomiting every three hours and had a visibly swollen stomach. On the day he died the prison physician sent Magnitsky to a medical unit, believing he had a chronic illness, but the surgeon there prescribed only a painkiller and ordered him to undergo psychiatric evaluation. Magnitsky was found dead in his cell just over two hours later. By the way, even though he’s been dead for nearly three years, he is still on trial.

So, what has this got to do with the US Congress? Well, in October 2010, Senator John S. McCain co-sponsored a bill which would deny 60 Russian individuals, that had been implicated in court documents related to the Magnitsky case, visa entry into the United States. Last July, it became apparent that dozens of Russian officials were barred entry in the US for their ‘possible involvement’ in the detention of Magnitsky. Now, an updated bill has been introduced to the US Congress – one that imposes a visa ban and freezes the assets on the officials linked to the death of Magnitsky, as well as those ‘responsible for other gross violations of human rights’ in Russia.

You can read about the The Sergei Magnitsky Rule of Law Accountability Act here.

The Magnitsky case has started a Cold War-style spat between Russia and the US, that’s for sure. Some say that annulling the visas of these individuals isn’t much of a price to pay for allowing an innocent lawyer to die whilst in prison. Some say it hits these officials where it hurts them most. You can make your own mind up about the Act but please remember what matters most – Sergei Magnitsky died an innocent man fighting for what he believed in. займ на карту срочно без отказа займы на карту срочно https://zp-pdl.com/apply-for-payday-loan-online.php https://zp-pdl.com/fast-and-easy-payday-loans-online.php hairy girls