Stop the Untouchables. Justice for Sergei Magnitsky.

The Case of Sergei Magnitsky: A Lawyer’s Death Threatens the U.S.-Russian Reset

World Policy Journal

On November 16, 2009, after 355 days of pre-trial detention, Sergei Magnitsky passed away in a Russian prison—his ailing body untreated and cruelly bound by straitjacket—as medical staff idled just outside his door. In the year since his arrest, Magnitsky had endured incarceration in a below-freezing open-air cell, living amidst sleep deprivation, isolation, raw sewage, and psychological torture. It was an unthinkable position to be in for Sergei Magnitsky, a studious and timid tax lawyer. Magnitsky’s apparent crime? Uncovering one of the largest tax frauds in Russia’s history—estimated at $230 million—and implicating a cabal of corrupt Russian Interior Ministry officers, judges, tax service officials, and known criminals.

In Putin’s Russia today, the Magnitsky case may have passed unnoticed. Here, even the most powerful voices can be silenced—no better example of this exists than the continued imprisonment of Mikhail Khodorkovsky. But due to meticulous documentation, the heinousness of the crime, and a well-organized network of advocates, the Magnitsky case has struck a rare chord of outrage in both Russia and the international community. Thanks to the campaigning of U.S. Congress members, Magnitsky’s former client, and an organization called Russian Untouchables, the Magnitsky case may yet force the Russian government to address human rights abuse allegations.

As William Browder, former client of Magnitsky and founder and CEO of Hermitage Capital Management—a global investment advisory firm—outlined in a 2009 article titled “They Killed My Lawyer,” the complicated machination that resulted in the defrauding of $230 million and Sergei Magnitsky’s death started in 2007. In June of that year, dozens of police officers raided the offices of Hermitage Capital Management and law firm Firestone Duncan—where Magnitsky worked—under the premise of tax investigation. In the months that followed, Interior Ministry officers used the confiscated and illegally obtained seals, documents, and charters of Hermitage Capital to secretly re-register Hermitage’s various investment companies in the name of a third party.

At the behest of his clients, Sergei Magnitsky uncovered the scheme: The stolen companies were being used to claim overpaid taxes—to the tune of $230 million. In turn, crooked tax authorities processed the claims and wired money to obscure shell banks. As research into the case continued and complaints by Hermitage mounted, the Interior Ministry struck back by opening criminal cases against the Hermitage lawyers investigating the fraud. As a result of harassment or threat, all but one Hermitage lawyer either left the country or went into hiding. That lawyer was Sergei Magnitsky.