Marketing Presentation Looking Beyond Yukos
Total Page:16
File Type:pdf, Size:1020Kb
** PRIVATE BRIEFING DOCUMENT ** UK Connection to $30 Million From the Magnitsky Case March 2016 1 In 2007, $230 Million of Hermitage’s Taxes ** PRIVATE BRIEFING Were Stolen DOCUMENT ** Hermitage Fund’s Russian companies were stolen and a group of corrupt officials and organised criminals stole $230 million of the Hermitage Fund’s Russian taxes The Fraud against HSBC and Hermitage HSBC PRIVATE BANK HSBC PRIVATE BANK OOO Pluton, (Guernsey) LIMITED (Guernsey) LIMITED (Kazan, Tatarstan) HSBC Wiped off the Hermitage Fund Vehicles Trustee to Hermitage Fund Trustee to Hermitage Fund Shareholder Registry of Re-Registered in the Name Hermitage Fund Vehicles of Pluton in Tatarstan 100% 100% 100% 100% Corporate HSBC MANAGEMENT Corporate Corporate HSBC MANAGEMENT Corporate Director (Guernsey) LIMITED Director Director (Guernsey) LIMITED Director GLENDORA KONE GLENDORA KONE 100% 100% 100% HOLDINGS Corporate Director HOLDINGS HOLDINGS Corporate Director HOLDINGS LTD LTD LTD LTD Cyprus Cyprus Cyprus Cyprus 100% 100% 100% 100% 100% 100% V.Kurochkin V.Markelov V.Khlebnikov General Director General Director General Director General Director General Director General Director OOO RILEND, OOO PARFENION, OOO MAKHAON, OOO RILEND, OOO PARFENION, OOO MAKHAON, OOO RILEND, OOO PARFENION, OOO MAKHAON, Moscow Moscow Moscow Moscow Moscow Moscow Novocherkassk Novocherkassk Novocherkassk Intercommerz Universal Bank Universal Savings Bank Savings Bank Hermitage companies Perpetrators paid stole $230 m Budget of $230 m Russian Federation in capital gain taxes to in capital gain taxes from the Russian budget the Russian budget February December 2006 2007 2 Hermitage’s Russian Lawyer Sergei Magnitsky ** PRIVATE BRIEFING Discovered the Crime and Testified Against the DOCUMENT ** Officials Involved Testimony to the Russian Investigative Committee 5 June and 7 October 2008 “Taxes paid [by Hermitage Fund companies] were significant which apparently caused an interest from the police bodies.” “... [T]he premises of Firestone Duncan’s affiliate...were searched by forces of 30 police officers. Several minutes later I received a call from the affiliate of Hermitage Capital...and was told that the office of their affiliate was also searched, and that the person in charge was A.K. Kuznetsov…I informed about the search the company’s lawyer... [Lawyer] arrived to the office of Firestone Duncan, however, he was not allowed in... I know that police officers had lists with names of about 20 companies, including OOO Rilend, Parfenion and Makhaon, and that they were seizing all the documents related to the companies from their list.” Sergei “The facts stated above evidence that the powers of attorneys issued by legitimate directors of [Hermitage Fund companies] …were used to protect the interests of Magnitsky the companies… and to expose the theft of budget funds in the amount exceeding 5 (five) billion roubles [US$230 million], which was clearly committed by the same group of persons who used the illegal re-registration of OOO Parfenion, Makhaon and Rilend and claims against these companies as an instrument to perpetrate the theft of budget funds.” Source: Magnitsky Testimony, 5 June and 7 October 2008- http://russian-untouchables.com/docs/D64.pdf; http://russian-untouchables.com/docs/D65.pdf 3 ** PRIVATE Magnitsky Was Subsequently Arrested by the BRIEFING Same Officials and Was Tortured for 358 DaysDOCUMENT ** Order to Arrest Sergei Magnitsky Magnitsky Arrested at His Home 21 November 2008 24 November 2008 “Hereby I order Lt Col Kuznetsov to arrest Magnitsky” Signed: Investigator Oleg Silchenko Magnitsky’ spent 358 days in detention 24 Nov 2008 - 16 Nov 2009 Lt Col Artyom Kuznetsov Krechetov Droganov Tolchinsky Source: Decree by Oleg Silchenko to Appoint Kuznetsov to arrest Magnitsky, 21 November 2008 http://russian-untouchables.com/rus/docs/D296.pdf 4 ** PRIVATE On November 16, 2009, Sergei Magnitsky BRIEFING Was Killed in Police Custody DOCUMENT ** On 16 November 2009, a team of 8 riot troopers placed him in an isolation cell, handcuffed him to a bed and beat him with rubber batons Report on Use of Handcuffs On 16 November 2009 Dr Kornilov, a civilian Magnitsky was beaten emergency doctor, was finally let into the cell where in an isolation cell on Magnitsky was beaten to find him dead on the floor, 16 November 2009 with bruises from handcuffs on his wrists Signed by: O.G. Kuznetsov Sanctioned: F. Tagiev Report on Use of Rubber Baton “I was shocked to find the Signed by: D.F. Markin [sic], patient not in a hospital Witnesses: A.E. Larin, P.V. Borovkov room, but in a regular cell, Sanctioned: F. Tagiev on the floor dead” Source: Reports on use of handcuffs and rubber baton, 16 November 2009, Moscow Public Oversight Commission Report, Testimony by Dr Kornilov, Civilian Emergency Doctor (8 Dec 2009) 5 ** PRIVATE Officials Involved in His Arrest and BRIEFING Persecution Were Subsequently Promoted DOCUMENT ** Officers Silchenko, Karpov and Kuznetsov were promoted to higher police ranks Oleg Silchenko Pavel Karpov Artem Kuznetsov Lt Colonel Lt Colonel Lt Colonel Major Major Major Source: http://www.mvd.ru/news/show_77869/ 6 ** PRIVATE Some of the Same Officials Were Given BRIEFING State Honours DOCUMENT ** On April 25 2013, Russian Interior Minister Kolokoltsev personally met and thanked officials involved in the $230 million fraud and persecution of Sergei Magnitsky Lt. Colonel Silchenko and Lt. Colonel Vinogradova meet and shake hands with Interior Minister Kolokoltsev Lt. Colonel Kuznetzov and Lt. Colonel Karpov meet and shake hands with Interior Minister Kolokoltsev Source: http://m.ntv.ru/novosti/573637/; http://www.1tv.ru/news/polit/231852 7 ** PRIVATE There Was No Possibility of Getting BRIEFING Justice in Russia DOCUMENT ** So Hermitage sought justice outside of Russia 8 ** PRIVATE Who Benefitted From the Crime? BRIEFING DOCUMENT ** Hermitage focused its efforts on finding the recipients of the stolen $ 230 million that Sergei Magnitsky exposed $230 Million 9 ** PRIVATE The First Break Came from Russian BRIEFING DOCUMENT ** Whistleblower, Alexander Perepilichnyy In July 2010 Alexander Perepilichnyy contacted Hermitage, offering his help to find the stolen money “Magnitsky’s death was shocking. Every Russian accepts corruption but torturing an innocent man to death is crossing the line” Statement made by Alexander Perepilichnyy to Jamison Firestone at the Westbury Hotel Bar in London, summer 2010 Alexander Perepilichnyy 10 ** PRIVATE Perepilichnyy Provided Swiss Bank Documents BRIEFING Showing Who Allegedly Benefitted From the CrimeDOCUMENT ** The documents showed that Olga Stepanova, the tax officer who approved the illegal tax refund, received $11.7 million at Credit Suisse US$230 million fraud Olga Stepanova, tax official who approved part of the fraudulent US$230 million tax refund Vladlen Stepanov, Swiss bank husband of Olga accounts Stepanova Source: Criminal Complaint filed by Hermitage with the Swiss authorities http://russian-untouchables.com/rus/docs/MicklethwaiteLetterJan282010.pdf 11 ** PRIVATE In 2011, the Swiss Authorities Froze the BRIEFING Stepanov’s Accounts at Credit Suisse DOCUMENT ** In response to the criminal complaint filed by Hermitage, the Swiss authorities opened an investigation and froze US$11.7 million in bank accounts related to Vladlen Stepanov, the former husband of Russian tax official, Mrs Olga Stepanova The Office of Attorney General in Switzerland Source: Barron’s, 16 April 2011, Crime and Punishment in Putin's Russia, http://online.barrons.com/article/SB50001424052970204569604576259313266852054.html; Russian Accounts Frozen at Credit Suisse, 5 May 2011, http://online.barrons.com/article/SB50001424052970203390704576305372800050168.html 12 In 2012, the Swiss Authorities Took Conflicting** PRIVATE BRIEFING Statements from Stepanov and Perepilichnyy DOCUMENT ** In mid-September 2012, the Swiss Prosecutor questioned Vladlen Stepanov and found his testimony contradictory to Alexander Perepilichnyy’s. To see who was telling the truth, the Prosecutor ordered a confrontation between them Alexander Perepilichnyy Vladlen Stepanov Source: Swiss Proceedings 13 ** PRIVATE On November 10, 2012, Alexander BRIEFING Perepilichnyy Was Found Dead in Surrey DOCUMENT ** Before the confrontation could be arranged, Alexander Perepilichnyy was found dead on a road near his house in Surrey, UK. He was 44 years old. Alexander Perepilichnyy Source: Reuters distributed image, http://www.standard.co.uk/news/crime/security-services-aid-police-in-russian-death-probe-8368247.html; http://www.bbc.co.uk/news/uk-20526631; http://www.dailymail.co.uk/news/article-2239608/Russian-supergrass-Alexander-Perepilichnyy-44-dead-outside-leafy-Surrey-mansion.html 14 Further Investigation Traced Some of the ** PRIVATE BRIEFING Stolen Money to the US DOCUMENT ** The US Department of Justice traced stolen funds to multi-million dollar properties in Manhattan, owned by companies belonging to the son of a Russian government official Son of High ranking official Pyotr Katsyv Source: United States of America v. Prevezon Holdings Ltd. et al, 1_13-cv-06326, No. 174 First Amended Complaint (S.D.N.Y. Nov. 5, 2014) and second Amended complaint (S.D.N.Y. Oct. 23, 2015) 15 ** PRIVATE In September 2013, the US Department of BRIEFING Justice Froze $14 Million of Assets DOCUMENT ** On 10 September 2013, the US District Court, Southern District of New York issued a freezing order for over $14 million in Manhattan property and bank accounts, allegedly linked to the $230 million theft uncovered