Posts Tagged ‘FT’

07
March 2013

Russia: why Magnitsky matters, even to hard-headed investors

Financial Times

By curious coincidence, Russia is prosecuting a dead man on the 60th anniversary of Stalin’s death. Just days after the commemoration of the Soviet leader, the trial is due to start on of Sergei Magnitsky, the lawyer who died in a Moscow jail after accusing officials of fraud.

It perverts the law in a way which even the ruthless Georgian did not attempt. But Stalin would have appreciated the idea: like his show trials, it is a demonstration of power, not of justice. Many foreign investors will say this has nothing to do with them. They are wrong. It has.

Indeed, Russian prosecutors have established a direct connection with the investment world by naming as Magnitsky’s co-defendant his former client, Bill Browder, a UK-based American fund manager, who was once the biggest investor in Russia.

Browder’s troubles began after he criticised the management of Gazprom, the state-run gas monopoly. He was denied entry into Russia and put under investigation by interior ministry officials whom he and Magnitsky later accused of involvement in a $230m tax fraud.

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05
March 2013

Russia alleges $70m fraud against Browder

Financial Times

Russia authorities are seeking to charge former investor and shareholder activist Bill Browder with illegally obtaining Gazprom shares worth $70m, interior ministry officials announced on Tuesday.

The American fund manager based in London said the allegations were yet another attempt to intimidate him as he campaigns for Europe to adopt US-style legislation barring Russian human rights violators known as the “Magnitsky Law” named for Mr Browder’s former lawyer who died in a Russian prison in 2009.

The announcement that charges would be brought against Mr Browder followed a well-tested formula in Russia, where criminal indictments usually follow denunciation on state television. Russian network First Channel on Sunday night devoted a seven-minute slot to Mr Browder’s financial dealings in Russia prior to his ejection from the country in 2005.

The allegations themselves focus on whether Mr Browder violated any Russian laws when his fund, Hermitage Capital, used Russian companies registered in the region of Kalmykia to purchase shares in the gas monopoly between 2001 and 2004. At the time, according to presidential decree, foreigners were barred from directly owning Gazprom shares, but many funds used Russian derivative structures to play the market nonetheless.

“Browder used specially developed schemes according to which foreign companies bought liquid shares in the name of Russian legal entities, registered in zones with special tax treatment,” said Mikhail Alexandrov from the Interior Ministry’s Investigative Department on Tuesday. He also accused Mr Browder of seeking to use share holdings in Gazprom to gain a seat on the board, and to exercise influence at the gas monopoly.

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21
February 2013

Russia’s missing billions revealed

Financial Times

Russia’s central bank governor has lifted the lid on $49bn in illegal capital flight last year – more than half of which, he says, was controlled “by one well-organised group of individuals” that he declined to name.

Sergei Ignatiev, due to step down in June after 11 years in his post, is seldom outspoken about any issue other than interest rates. But he unburdened himself in an interview with the Moscow newspaper Vedomosti about money leaving the country through the back door, which he said equalled 2.5 per cent of gross domestic product last year.

“This might be payment for supplies of narcotics . . . illegal imports . . . bribes and kickbacks for bureaucrats . . . and avoiding taxes,” he told the daily, which is part-owned by the Financial Times.

Russia’s central bank has access to daily monitoring data on all payments within the commercial banking system, and Mr Ignatiev said the $49bn figure was mainly drawn from analysing “payments made by Russian organisations to non-residents, the stated aims of which are clearly false”.

He added: “Apart from this, our analysis shows that more than half of the total of shady operations is conducted by firms directly or indirectly linked to each other by payments. The impression is created that they are all controlled by one well-organised group of individuals.”

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18
February 2013

Dead lawyer to go on trial in Russia

Financial Times

The posthumous trial of Sergei Magnitsky, a crusading lawyer who died in prison in 2009, is set to begin in Moscow on Monday. The trial is part of an effort by Russia’s government to push back against countries adopting blacklists similar to the Magnitsky law passed last December by the US.

As far as anyone can remember, it will be the first trial of a dead defendant in Russian, or Soviet, history and most expect a speedy conviction.

Bill Browder, the head of investment fund Hermitage Capital, and Mr Magnitsky’s former chief, says he believes the trial is connected to the passage last December of the Magnitsky law in the US, which imposes a visa blacklist and asset freezes on certain Russian officials accused of human rights violations.

Mr Browder recently began a campaign to promote similar laws in Europe, starting with a trip to Paris last week.

“This is just pure vindictive nastiness because they are trying to get some sort of conviction right away,” said Mr Browder. “They can then go around the world and say: ‘Look, you’re naming a law after a convicted criminal.’”

A representative of the prosecutor’s office said it had no additional comment. “The case materials explain everything. We have nothing additional to say.”

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13
February 2013

Lilia Shevtsova: A new way to contain Russia

Financial Times

Traditional methods of dealing with Putin’s Kremlin have stopped working, writes Lilia Shevtsova.

For a prime example of a state with a split personality, watch Russia. On one hand, President Vladimir Putin writes to US counterpart Barack Obama, expressing hopes that their “relationship will move ahead in various areas”. On the other, the Kremlin returns to the mantra of “unique Russian civilisation” and does its best to close the country to the west. Western observers may shrug, saying they’ve seen it all before. But actually, things have changed.

First, Mr Putin’s team no longer cares what the west thinks. Second, the Kremlin has switched from imitating democracy to deterring European values. Anyone who thinks this shift will not affect Russian foreign policy is wrong. It is already having an impact. Look at Kremlin defence spending and Moscow’s attempts to create a Eurasian Union from former Soviet states.

But what, asks the optimist, about the partnerships of state-controlled energy group Rosneft with ExxonMobil and BP? Mr Putin needs western business to prolong his petrostate but the fate of Shell and BP in Russia proves they are at the mercy of the Kremlin’s moods.

The Kremlin is offering new rules that sound like an ultimatum. Accept the concept of total state sovereignty, allowing any regime (Syria included) to treat its people as it sees fit. Co-operate on trade, investment and other areas of mutual interest. Do not obstruct our elite’s activities in your countries, which means forgetting about the Magnitsky act barring Russian officials accused of human rights violations from the US. Accept that we have a “sphere of interests”. And no lectures about democracy.

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02
January 2013

A Magnitsky law for Europe: The US statute is a pro-Russian, not anti-Russian, act

Financial Times

Even by its own recent standards, Moscow’s response to the US Magnitsky law, which bars Russian officials accused of human rights violations from the US, has been ugly. President Vladimir Putin last week signed into law a ban on US citizens adopting Russian children. In effect, this strands thousands of Russia’s most vulnerable citizens in often appalling orphanages, as hostages to US-Russian relations.

The Kremlin clearly hopes, in part, to persuade other countries not to follow the US. They should not be cowed. For Moscow’s reaction also reflects just how these measures have hit home. Many Russian officials hold property and assets in the west, travel back and forth, and send their children to schools there. So a visa ban and asset freeze on those with at least prima facie cases to answer over rights abuses or criminal activity is a highly effective sanction.

The Magnitsky case, moreover, is egregious, well documented and encapsulates the darker side of Putinism. Tax officials used the shell of an investment fund, whose founder had been mysteriously barred from Russia, as a vehicle to steal $230m from the state. When the fund found out and presented evidence, the authorities did not prosecute anyone implicated. Instead, they arrested the lawyer investigating it, Sergei Magnitsky, and accused him of orchestrating the fraud himself. In jail, he was denied treatment for serious stomach problems and eventually beaten to death.

Even now the case has attracted international opprobrium, Russia has refused to back down. Instead it has launched an absurd posthumous prosecution of Mr Magnitsky for tax evasion. Moscow’s failure to act against the real suspects is at best bloody-mindedness. At worst, it suggests they have high-level protectors, who risk being dragged down with them.

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24
December 2012

A milestone in the battle against corruption

Financial Times

From Mr Alexander Lebedev.

Sir, The signing of the Sergei Magnitsky Rule of Law Accountability Act by President Barack Obama last week marked a milestone in the fight against global corruption (“Russia moves to ban US adoptions”, December 20). Yet the “Magnitsky case” is just one of many involving national, international and Russian fraudsters and corrupt officials.

Crooked businessmen in collusion with public officials with business interests have embezzled and siphoned off at least $700bn from Russia over the past 15 years, according to the Tax Justice Network. In the face of theft on such a scale, US efforts against global corruption appear limited. To tackle this problem, there must be joint efforts by the leading powers, some of which have turned themselves into a promised land for corrupt officials and fraudsters from all over the world. It is necessary to stop the practice of granting asylum to dirty capital and to clean up the offshore Augean stables, outlawing the practice of nominee ownership.

Gordon Brown talked about this at the Group of Eight summit in 2009. Isn’t this what the Group of 20’s Anti-Corruption Working Group should be dealing with? Why isn’t the 2010 US law on “illegal proceeds” working? What have the UN efforts resulted in? Why hasn’t the relevant EU directive been ratified yet?
At an international level, it is necessary to establish an organisation with the broadest authority to investigate crimes of corruption and fraud linked to the cross-border movement of suspects and capital.

In September, the next G20 summit will be held in St Petersburg. The inclusion of these proposals on the agenda would send a clear message to the fraudsters who participated in the embezzlement of billions of roubles from public coffers that they will no longer be allowed to get away with it.

Alexander Lebedev, Publisher of Novaya Gazeta and Independent newspapers, Moscow and London unshaven girl быстрые займы онлайн https://zp-pdl.com/fast-and-easy-payday-loans-online.php zp-pdl.com займ на карту онлайн

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30
July 2012

The Magnitsky law

Financial Times Magazine

After Sergei Magnitsky was beaten to death in a Moscow jail for uncovering fraud by Russian authorities, investor Bill Browder devoted himself to publicising the case. As a result, the US is close to passing a dramatic human rights law.

Browder remembers receiving the phone call at his London home at 7am informing him of Magnitsky’s fate. “When I learnt of his death it was like a knife going right into my heart. And I can’t say that I’ve even begun to recover from the shock, trauma and outrage that I felt on that day,” he says. “The only thing that gives me any comfort is spending my days single-mindedly pursuing his killers.”

From that day, Browder has devoted the same near-manic energy he once spent on cheerleading investment opportunities in Russia to exposing the country’s darker side. He has travelled widely in Europe and North America, publicising Magnitsky’s case and lobbying politicians and diplomats to raise the issue with their Russian counterparts. He and a team of five dedicated researchers have published reports forensically describing Magnitsky’s detention and death, financed several films highlighting the links between Russian officials and the criminal underworld, and, with the lawyer’s family and friends, helped set up a website, called Russian Untouchables, which airs the videos and documents corruption.

His campaign may soon result in the US Congress adopting a law naming the 60 Russians identified by Browder as being responsible for the false arrest, torture and death of the 37-year-old lawyer. The act, which has been ferociously resisted by the Kremlin and the US administration and some business interests, would freeze the foreign assets of, and deny visas to, those named individuals.

A decade ago, Bill Browder was flying high as one of the most successful foreign investors in Russia. With $4.5bn under management, Browder had committed his career and a lot of his investors’ money to proving his proposition that the shares of Russia’s newly privatised, resource-rich companies were absurdly cheap.

The cocksure, US-born fund manager aggressively argued to anyone prepared to listen – and to many who weren’t – that President Vladimir Putin had been unfairly maligned in the western press and was intent on bringing prosperity and order to the biggest country in the world, after the rapacious criminality of the 1990s. To the disgust of many, Browder declared himself delighted when Mikhail Khodorkovsky, once Russia’s richest and most powerful oligarch, was arrested in 2003 and jailed. “Who’s next?” Browder asked cheerfully.

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25
July 2012

US moves closer to Russia trade bill

Financial Times

The US Congress is set to take a big step towards approving normal trade relations with Russia, brushing off geopolitical tensions to deliver a victory for large US exporters such as Caterpillar and General Electric.

The Ways and Means committee of the House of Representatives is expected to vote on a bill, probably on Thursday, that would allow US companies to reap the benefits from Russia’s looming accession to the World Trade Organisation. The so-called Magnitsky bill – which seeks to punish Russian officials for human rights abuses – will be attached to the legislation.

With both Republican and Democratic leaders on the panel endorsing the package, it should pass comfortably. This would bolster the chances of it being enacted before the August congressional recess – as its supporters are hoping for – though it may not happen until September or later in the year.

“The prospects have improved dramatically”, said Ron Pollett, chief executive of GE Russia, who was in Washington last week to lobby for the bill. “It’s a question of when, not if.”
The bill would unwind the Jackson-Vanik amendment, a Cold War relic that barred trade with the Soviet Union for restricting Jewish emigration. Its provisions have routinely been waived, but its presence has continued to sour US economic relations with Russia.

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