Posts Tagged ‘shaun walker’
The height of absurdity’: Moscow court finds whistle-blowing Russian lawyer Sergei Magnitsky guilty of fraud – three years after his death
One of the more grotesque trials of recent Russian history came to an end as a Moscow court posthumously convicted the whistle-blowing lawyer Sergei Magnitsky of tax evasion.
Mr Magnitsky died in prison in 2009 after being ill-treated and not receiving treatment for pancreatitis. He had uncovered what he described as a massive fraud scheme that he alleged involved a number of Russian officials, but was then locked up by some of the same officials he was investigating.
Moscow’s Tverskoy Court was packed with journalists, but the defendant’s cage stood empty, as Judge Igor Alisov handed down the bizarre verdict. He convicted Mr Magnitsky of tax evasion, though for obvious reasons was unable to hand down a sentence.
“Magnitsky masterminded a massive tax evasion scheme in a … conspiracy with a group of people,” said Mr Alisov in barely audible tones as he took 90 minutes to read out the verdict. The court claimed that Mr Magnitsky was aided by William Browder, the British head of Hermitage Capital, the investment fund that had hired Mr Magnitsky to look into corruption. Mr Browder was sentenced in absentia to nine years in prison.
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US risks angering Russia by publishing blacklist
Washington risked reopening a diplomatic rift with Moscow following the publication of a blacklist of Russian officials who are banned from the United States because of their alleged involvement in the death in custody of the whistleblowing lawyer Sergei Magnitsky.
Earlier in the day Moscow had warned that any decision to go ahead and release the list could damage relations between the two countries. Washington passed legislation banning the officials in December but had so far put off making the list public until now.
According to the list released last night on the Treasury’s website there are 18 officials who have been named. It was compiled in the wake of the arrest and death in custody of Mr Magnitsky, a father of two and Moscow-based lawyer who helped expose a multi-million dollar tax scam that was allegedly carried out by criminal underworld figures allied with Russian officials and police officers.
Among those included on the blacklist is Pavel Karpov, a former interior ministry police officer who is currently suing William Browder in the UK courts for libel. Mr Browder, a millionaire hedge fund manager and staunch critic of official corruption inside Russia, employed Mr Magnitsky to uncover a $230million tax scam against a series of subsidiaries that were once owned by his company Hermitage capital.
After publicly naming a number of officials Mr Magnistky was arrested for tax evasion and died nine months later in prison. His family, rights groups and Russian’s own human rights investigation body say there was evidence he was beaten in custody and denied vital medication.
Mr Browder has named Mr Karpov as one of the officials behind the scam. However the former detective has vehemently denied any involvement and has launched a libel case against him in the High Court.
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Russia drops inquiry into death of Sergei Magnitsky
Investigators have dropped an inquiry into the death in jail of Sergei Magnitsky, stating that the whistleblowing lawyer’s agonising death, which became an international scandal, was not the result of malpractice.
“A decision has been taken to end the criminal case because of the absence of a crime,” the state Investigative Committee said. “No pressure was exerted on him, nor was there any physical violence or torture.”
Magnitsky was imprisoned for 11 months without trial in Moscow’s notorious Butyrka jail after exposing an alleged embezzlement scam by interior ministry officials. A Kremlin-ordered human rights council since found that he was beaten up immediately before his death, on 16 Novermber 2009, but there has been little effort to punish the officials responsible. As the case unfolded, Magnitsky’s name has become politicised. President Vladimir Putin stated in December that Magnitsky had died from heart problems and not from torture, and state-run television has run a number of smear programmes against him.
“This was expected,” said Magnitsky’s mother, Natalia Magnitskaya, after today’s decision. “I don’t believe that it is possible to obtain justice in Russia today because there are people in power interested in concealing it.”
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Chaos in Moscow court for trial of dead whistle-blowing lawyer Sergei Magnitsky as legal team fail to show
There was mayhem in a tiny courtroom in Moscow today after one of the most controversial trials in recent Russian history – that of the deceased whistle-blowing lawyer Sergei Magnitsky – failed to start.
The case was prevented from proceeding after the lawyers for the late defendant did not show up. Mr Magnitsky, who died in prison in 2009 after being beaten and refused medical treatment, will be judged in the first posthumous trial in modern Russia.
He is accused of tax evasion, along with his former employer, William Browder, a US-born British investor.
Mr Browder has been banned from entering Russia and is being tried in absentia. He is the head of the investment fund Hermitage Capital and was accused of tax evasion after falling foul of the Russian government. Mr Magnitsky was investigating these charges in 2008, and discovered that the disputed tax payments had been stolen by police and tax officials. When he reported these findings, he himself was thrown into jail.
Mr Magnitsky’s family and lawyers have refused to participate in the trial, so the court has appointed lawyers to represent the deceased defendant. These lawyers have been told they could risk being debarred if they did not take on the case, but nevertheless were not present at court yesterday. It is unclear if their no-show was a political statement, as they were not available for comment, though the lawyers had told the court they needed more time to read the case documents.
Earlier, Mr Magnitsky’s widow had called on all of the participants to boycott the trial. “I think that if any of its participants have a conscience – and this is key not only in human morality, but also in Russian criminal law – they have a duty to refuse to participate in this blasphemy,” said Natalia Zharikova.
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Trial by Russian television convicts whistleblower Sergei Magnitsky as MI6 agent
As Russia prepares to mount a posthumous trial of Sergei Magnitsky, state-controlled television has aired a documentary accusing the dead whistleblowing lawyer and his bosses of being part of an MI6-led conspiracy.
The documentary, which aired on Russia’s NTV on Wednesday night, said that Mr Magnitsky and William Browder, the US-born British head of the investment fund that hired him, were involved in the “crime of the century” against the Russian state.
Both the television programme and the trial, which starts on Monday, appear to be part of a vitriolic rearguard action by the Russian state, after Mr Magnitsky’s fate became the catalyst for international pressure on Moscow. Mr Magnitsky was arrested in 2008 while investigating an alleged $230m fraud perpetrated by a group of corrupt Russian officials that defrauded the Russian state. However, instead of locking up the culprits, Russian investigators moved against Mr Magnitsky himself. Locked up in Moscow’s Butyrka prison, he was refused medical treatment for a pancreatic condition, mistreated, and died in 2009.
Since then, his case has become an international rallying cry, with the US Congress passing a resolution banning Russian officials involved in his death from travelling to the US or owning property there. Enraged by the move, Russia retaliated by drawing up its own list of US officials to be banned from Russia, and also outlawed US citizens from adopting Russian orphans. President Vladimir Putin also said on live television in December that Mr Magnitsky had died of heart failure, not mistreatment, and added that the case needed further investigation, as the lawyer himself had been no angel.
Since those words, the Russian state appears to have ratcheted up a campaign against the memory of the dead lawyer, his family, and his former employer, Hermitage Capital. Hermitage, headed by Mr Browder, had employed Mr Magnitsky to investigate the fraud.
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Russia’s casualties of the new Cold War
“If we are slapped in the face, we must retaliate, otherwise they will keep on slapping us.” Thus spoke the Russian President Vladimir Putin, just before he signed into law the Dima Yakovlev bill, which bans the adoption of Russian orphans by US foster parents.
The American slap to which Mr Putin was responding was a new law that bans Russian officials implicated in human rights abuses from entering the US or having property there. Dubbed the Magnitsky act, the law primarily focuses on officials allegedly involved in the death of Sergei Magnitsky, a whistle-blowing lawyer who died in a Moscow prison in 2009.
Furious at this perceived meddling in Russian internal affairs, Russia decided to go beyond a mere tit-for-tat response. As well as drawing its own reciprocal list of US officials to ban from Russia, the Kremlin went one step further and banned adoptions, a move which has become one of the most controversial pieces of legislation of Mr Putin’s 12-year tenure as Russia’s leader. Rather than a retaliatory slap, say a growing number of critics, the bill appears more like shooting oneself in the foot to prove a point.
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Libel case puts fraud in the public forum
The London court case brought by Pavel Karpov is an interesting development, because if the case comes in front of a judge it would be likely to throw up details that officials fingered for their alleged involvement in the fraud would perhaps prefer to keep quiet.
In Russia, the approach from the authorities over the Magnitsky case has been twofold. Firstly, there has been no real investigation into the claims put forward by Bill Browder and Hermitage Capital about the massive fraud that was perpetrated. The second approach has been to turn the tables and suggest that Mr Magnitksy and Mr Browder are the real criminals.
Just this week Prime Minister Dmitry Medvedev, speaking in Davos, said that Hermitage’s claims were the “politicised fiction of certain people”. Mr Magnitsky, he said, was “not a truth seeker” but “a corporate lawyer or an accountant who defended the interests of the people who hired him.”
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Acquitted: the only man charged over Sergei Magnitsky death
A Moscow court has exonerated the only person to be put on trial for the death of the Russian whistleblower Sergei Magnitsky, days after President Vladimir Putin publicly stated that the lawyer was not tortured in prison and in fact died of natural causes.
Mr Magnitsky died in Moscow’s Butyrka prison in 2009, after being refused treatment for a pancreatic illness. The court found that Dmitry Kratov, a doctor at Butyrka who allegedly signed medical records detailing Mr Magnitsky’s complaints but then refused treatment, had no case to answer.
Nobody has been charged for the fraud that Mr Magnitsky uncovered, despite evidence that a group of Russian officials conspired to defraud the state of around 5.4 billion roubles (£140m). Instead, he was locked up by the officials he was investigating.
The only case to have been opened with regard to the crimes Mr Magnitsky was investigating or to his death, aside from a posthumous inquiry into the lawyer himself, was the negligence case against Mr Kratov. In a highly unusual move, the prosecutors said they did not feel there was a case to answer and asked the judge to announce an innocent verdict.
At a press conference last week Mr Putin said Mr Magnitsky died of natural causes, a statement that could have been interpreted as a signal to halt investigations into his death. “There is no doubt that people responsible for Magnitsky’s death are being protected by the President of Russia,” said a representative of Hermitage Capital, the London-based investment fund for which Mr Magnitsky worked. “Russia normally has a 99 per cent conviction rate. In this case, there was overwhelming evidence of Kratov’s involvement and his acquittal goes against any logic or concept of justice.”
“I am sincerely sorry that Sergei Magnitsky died,” Mr Kratov told the court yesterday. “But I had no possibility to affect his fate.” The court said Mr Kratov could file for compensation for the unfair accusations.
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Magnitsky affair row grows as Russia threatens to reveal banned US officials
Russia has threatened to unveil a list of American officials who are banned for alleged human rights abuses in the latest in a tit-for-tat row between the two powers.
Moscow is furious that American legislators approved a new law which forbids any Russian officials known to be involved in corruption or criminality of travelling to the United States or holding assets there.
The law, which was passed on Thursday night, is named after Sergei Magnitsky, a Moscow based lawyer who was hired by the British investment fund Hermitage Capital to investigate a multimillion-pound scam and died in prison after he was arrested by the same Russian officials he had accused of being behind the scam.
Alexei Pushkov, one of Russia’s top foreign policy officials, said yesterday that Russia already had a list of US citizens implicated in human rights abuses of Russian citizens banned from entering Russia. Up to now, this list has been secret rather than official policy, in response to the American informal visa ban for those on the “Magnitsky list”. Now that the Magnitsky Act is official policy, however, Russia could well respond in kind.
The passage of an American banned list is a victory for Hermitage’s CEO, William Browder, who has lobbied extensively in the United States, Canada and Europe for such legislation.
“In a world where partisan politics can be so divisive, the moral outrage over what happened to Sergei Magnitsky has caused everybody in Washington to lay down their arms and do something truly historic to honour his sacrifice,” he told The Independent yesterday. “The obvious next step is to implement the same kind of ban across Europe and the UK.”
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