Posts Tagged ‘david herszenhorn’
Dead Lawyer, a Kremlin Critic, Is Found Guilty of Tax Evasion
The steel cage reserved for the defendants was empty Thursday, which was not surprising since one of them is dead and the other lives in London. As the judge, his voice nearly inaudible, read out his verdict, one of the main defense lawyers paid no attention, tapping nonchalantly on his tablet computer instead.
If the posthumous prosecution of Sergei L. Magnitsky, the lawyer who was jailed as he tried to expose a huge government tax fraud and died four years ago in a Russian prison after being denied proper medical care, seemed surreal from the moment the authorities announced it, the verdict and sentencing on Thursday did not disappoint.
By all accounts, it was Russia’s first trial of a dead man, and in the tiny third-floor courtroom of the Tverskoi District Court, it took the judge, Igor B. Alisov, more than an hour and a half to read his decision pronouncing Mr. Magnitsky guilty of tax evasion.
Mr. Magnitsky was convicted along with a former client, William F. Browder, a financier who lives in Britain and was tried in absentia on the same charges. Mr. Browder, once Russia’s largest foreign portfolio investor, was sentenced to nine years in prison — a sentence that he will almost certainly never serve. Interpol in late May refused a request by the Russian government to track Mr. Browder’s whereabouts, a relatively rare instance of a law enforcement inquiry’s being set aside as politically motivated.
Mr. Browder, who has been barred from Russia since 2005, said in a telephone interview from London on Thursday that he believed that the Kremlin was acting out of desperation.
“Russia is a criminal regime,” Mr. Browder said. “The Russian state is a criminal state. And in order to operate in Russia, you have two options as a businessman: you can become part of the criminality, in which case you become a criminal, or you can oppose it, in which case you become a victim, and there’s no way you can avoid it.”
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Russia Expels Former American Embassy Official
A former senior Justice Department official at the American Embassy here was declared “persona non grata” and barred from Russia this month, according to people familiar with the case, possibly because he had rebuffed an effort by the Russian Federal Security Service to recruit him as a spy.
The former official, Thomas Firestone, had been living and working in Moscow as a lawyer for an American law firm, and had extensive contacts in the Russian government. He was detained at Sheremetyevo airport outside Moscow on May 5 while trying to return to Russia from a trip abroad; the authorities held him for 16 hours and then put him on a flight to the United States.
Mr. Firestone was contacted in March by Russian intelligence operatives who sought to enlist him to spy for the Russians, according to one person who is familiar with the case. Mr. Firestone turned them down, the person said. It was not clear whether the episode was the cause of his ejection from Russia.
The Obama administration has raised the matter of Mr. Firestone’s expulsion with the Russian government, according to one American government official. Spokesmen for the White House, the State Department, and the American Embassy in Moscow all declined to comment.
Details of Mr. Firestone’s case emerged on Sunday as Ryan C. Fogle, an American Embassy official who was arrested in Moscow last week in an embarrassing spy scandal, finally left Russia, as the Russian Foreign Ministry had demanded. Mr. Fogle, whose official title at the embassy in Moscow was third secretary of the political desk, was arrested by the Russian Federal Security Service, and was accused of trying to recruit a Russian counterterrorism officer to spy for the Central Intelligence Agency.
Senior political leaders, including Secretary of State John Kerry and the Russian Foreign Minister, Sergey V. Lavrov, have made clear that they do not intend to let the Russian-American spy games disrupt their cooperation on larger issues of international security, in particular a conference in Geneva aimed at resolving the civil war in Syria.
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Clinton Tells Russia That Sanctions Will Soon End
Secretary of State Hillary Rodham Clinton pledged Saturday that the United States would soon lift cold-war-era trade sanctions on Russia, but she did not address human rights legislation in Congress that has so far stalled passage, infuriated the Kremlin and become an unexpected issue in the American presidential race.
Attending the annual Asia-Pacific Economic Cooperation summit meeting here in place of the campaigning President Obama, Mrs. Clinton welcomed Russia’s accession to the World Trade Organization last month. And she said that the United States must now normalize trade relations so that American businesses can reap the benefits of Russia’s membership, including lower tariffs for American products.
Although the sanctions included in the 1974 law known as Jackson-Vanik are waived each year and have no practical effect, they violate W.T.O. rules, which could allow Russia to retaliate against American businesses.
The effort to grant Russia normal trade status, however, has become entangled in legislation that would punish Russian officials accused of abusing human rights, denying them visas and freezing their assets. That has raised doubts that any agreement on lifting the Jackson-Vanik provisions can be reached before the November election.
The human rights bill, which has bipartisan support in both houses of Congress, is named after Sergei Magnitsky, a lawyer who died in prison in 2009 after being prosecuted on charges that his supporters argue were manufactured to cover up official corruption.
Mitt Romney, the Republican presidential challenger, injected the issue into the campaign last week by issuing a statement saying that, as president, he would normalize trade with Russia only if the Magnitsky bill were enacted. The Obama administration, by contrast, has opposed the bill as too expansive and lobbied against mixing it with the trade issue, while expressing support for addressing rights abuses in Russia in some way.
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U.S.-Russian Trade Ties Face Some Political Snags
With relations between Russia and the United States on edge over Syrian policy and strident anti-American statements by the Russian government in response to political protests here, the Obama administration and its Democratic allies in Congress have begun an aggressive push to end cold-war-era trade restrictions and make Russia a full trade partner.
The seemingly incongruous and politically fraught campaign to persuade Congress to grant permanent, normal trade status reflects a stark flip in circumstances: suddenly, after more than 35 years of tussling over trade, Russia has the upper hand.
In December, Russia became the last major economy to win admission to the World Trade Organization — a bid that was supported by the Obama administration because it required Russia to bring numerous laws into conformity with international standards, including tighter safeguards for intellectual property. It was also part of the so-called reset in relations with the Kremlin.
But if Congress does not repeal the restrictions, adopted in 1974 to pressure the Soviet Union to allow Jewish emigration and now largely irrelevant, the United States will soon be in violation of W.T.O. rules. American corporations could be put at a serious disadvantage — paying higher tariffs, for instance, than European and Asian competitors, which would immediately enjoy the benefits of Russia’s new status.
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After Russian Vote, U.S. Pledges to Raise Concerns ‘Forcefully’
The Obama administration plans to continue speaking out “forcefully” about human rights violations in Russia, even after Prime Minister Vladimir V. Putin responded angrily to criticism of his country’s elections by Secretary of State Hillary Rodham Clinton, a top State Department official said Wednesday.
The official, Phil Gordon, assistant secretary of state for Europe, welcomed a call from President Dmitri A. Medvedev for an investigation of the Dec. 4 parliamentary elections but said the United States would not hesitate to keep pressing Moscow for greater accountability and respect for human rights.
But any action in Russia is unlikely before Dec. 21, when a new parliament is seated.
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