{"id":355698,"date":"2018-04-07T21:00:00","date_gmt":"2018-04-07T20:00:00","guid":{"rendered":"http:\/\/rinf.com\/alt-news\/?p=355698"},"modified":"2018-11-19T19:31:11","modified_gmt":"2018-11-19T18:31:11","slug":"private-investigations-find-americas-magnitsky-act-based-frauds","status":"publish","type":"post","link":"http:\/\/rinf.com\/alt-news\/editorials\/private-investigations-find-americas-magnitsky-act-based-frauds\/","title":{"rendered":"Private Investigations Find America&#8217;s Magnitsky Act to Be Based on Frauds"},"content":{"rendered":"<p class=\"p1\"><span class=\"s1\">Eric Zuesse<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">We are now getting closer and closer to what, quite possibly, could turn out to be a war between U.S. and Russia \u2014 a world-ending World War III \u2014 and, therefore, I, as an investigative historian, am trying to understand, as accurately as I can, the historical origins of this potentially world-ending conflict, the \u2018new Cold War\u2019. In this regard, I am examining the event, the 2012 Magnitsky Act, in the United States (and then copied in the EU), which imposed the first set of economic sanctions against Russia, and thus may reasonably be said to have sparked \u2018the new Cold War&#8217;.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Gilbert Doctorow published on 18 June 2016 <a href=\"http:\/\/usforeignpolicy.blogs.lalibre.be\/archive\/2016\/06\/18\/a-film-review-andrei-nekrasov-the-magnitsky-act-behind-the-s-1151743.html\"><span class=\"s2\">a terrific review<\/span><\/a> of an independent documentary investigation into this matter, which film I first shall summarize here by excerpts from its transcript.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">This Magnitsky documentary is titled <a href=\"https:\/\/vimeo.com\/247486133\"><span class=\"s2\">\u201cThe Magnitsky Act Behind the Scenes\u201d<\/span><\/a>, and, to the extent that it is true (and my own individual investigation regarding its truthfulness and\/or lack thereof, will follow after these excerpts from the film, to address this issue), it makes unequivocally clear that the U.S. and EU economic sanctions that are based on Magnitsky are fraudulently based. By the time you will reach the end here, you\u2019ll know the truth about the event that actually sparked \u2018the new Cold War\u2019 \u2014 and you wll know it not <i>only<\/i> from this film.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Robert Parry has <a href=\"https:\/\/consortiumnews.com\/2017\/08\/02\/a-blacklisted-film-and-the-new-cold-war\/\"><span class=\"s3\">explained how the target of the film, William Browder, has succeeded in banning its being shown, both in the United States and in UK and EU<\/span><\/a>. So, I arranged with the film\u2019s Production Manager a private viewing of it. I also requested from him a copy of its script, so as to post that along with my review (to be presented here). He didn\u2019t reply to my request for the transcript; so, my review here will instead consist of quotations of what I consider to be the key passages in the film\u2019s script, so as to enable non-viewers of this banned-in-The-West historically crucial documentary, to know what\u2019s being banned \u2014 what our <a href=\"https:\/\/represent.us\/action\/theproblem-3\/\"><span class=\"s3\">\u2018democracy\u2019<\/span><\/a> is preventing us from seeing and hearing, about the start of \u2019the new Cold War\u2019, which could end the world.<\/span><\/p>\n<p class=\"p3\"><span class=\"s4\">Furthermore, I have <a href=\"http:\/\/moderndiplomacy.eu\/2018\/02\/22\/russiagate-trump-gets-solved-giant-american-investigative-journalism\/\"><span class=\"s3\">previously pointed out that the Magnitsky case was the core of the reason why the Trump campaign had been approached by a private Russian lawyer, Nataliya Veselnitskaya, who then met at Trump Tower on 9 June 2016 with Donald Trump Jr., Jared Kushner, and Paul Manafort, which private meeting largely sparked the appointment of Special Counsel Robert Mueller\u2019s Russiagate-Trump investigation, and that the \u201cdirt\u201d which she had promised about Hillary Clinton turned out to have been merely a pretext for her to obtain this meeting and present her private client\u2019s case<\/span><\/a> that Trump, if he became President, should terminate the Magnitsky Act.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Furthermore, <a href=\"http:\/\/www.dailymail.co.uk\/news\/article-3520238\/Former-Russian-PM-filmed-Moscow-sex-sting-scantily-clad-British-activist-apparent-attempt-destroy-chances-rivalling-Putin.html\"><span class=\"s5\">London\u2019s Daily Mail had reported, on 2 April 2016 (even prior to this meeting)<\/span><\/a>, that a hired agent of Bill Browder, a certain woman who also was a \u201cpolitical commentator on several TV and radio channels, including the BBC, in which she has oppposed the current Russian government,\u201d was also the mistress of a former Russian Prime Minister who was planning to run against Vladimir Putin in the 2018 Russian Presidential elections; and, so, Browder\u2019s passion for regime-change in Russia could match this Russian politician\u2019s similar passion not only for that, but for Browder\u2019s hired agent. So: this is juicy history not only about the Magnitsky Act, and about Russiagate, but also about Bill Browder\u2019s obsession to bring down Vladimir Putin, who wants Browder to be prosecuted in Russia, for having stolen $230 million from Russia\u2019s Treasury.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u2014\u2014<\/span><\/p>\n<p class=\"p3\"><span class=\"s6\"><a href=\"https:\/\/vimeo.com\/247486133\">The Magnitsky Act Behind the Scenes<\/a><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">25 June 2016 Documentary, 120 minutes (2 hours), by Andrei Nekrasov <\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">The first 22 minutes and 40 seconds didn\u2019t contain anything I thought to be usable by a forensic investigator \u2014 no allegation that would meet a court\u2019s admissibility requirements as constituting \u201cevidence\u201d \u2014 in any other way than to demonstrate that the filmmaker, Nekrasov, was strongly anti-Putin and pro Bill Browder, prior to his having done the research that he subsequently shows himself doing in this film. He starts out filming clearly as an admirer of Browder, and as thinking that this film will show the public how bad and corrupt a person Vladimir Putin must be, whose regime would perpetrate such alleged barbaric treatment of an alleged whistleblower (Magnitsky) as Browder has so tirelessly devoted himself to exposing in the Magnitsky matter. Nekrasov, as a documentary filmmaker, devotes actually the opening 32 minutes of this documentary to a re-enactment of the Magnitsky affair that\u2019s based upon what Browder has presented regarding the matter, and, on the basis of which, the economic sanctions against Russia were enacted into law, both in the U.S. and in the EU. Nekrasov had created this re-enactment on his expectation that after showing this \u2018historical\u2019 re-enactment, he would then proceed to show the documentation, proving that these things actually did happen, just like the film\u2019s hero Browder claimed they did.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">22:40: Browder says of Magnitsky \u201che was a lawyer\u2019s lawyer.\u201d Crucially, Browder claims that Magnitsky was his \u201clawyer,\u201d not his \u201caccountant.\u201d<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">23:20: Browder says that every one of the hundreds of communications from Magnitsky during his 11-month imprisonment ending in his death, was copied, and that \u201cone went to his lawyer and a copy went to us.\u201d So \u2014 Browder, according to his testimony here to Nekrasov, has the documents, but doesn\u2019t supply any of them to the filmmaker Nekrasov, who is evidently so infatuated with Browder, and so incompetent as a documentarian, as not even to request Browder to show him any evidence at all. Seeing this, I was furious to be wasting my time with such a fool as Nekrasov, the filmmaker of what now seems obviously to be a mediocre supposed re-enactment, who isn\u2019t even doing the most elementary things that a good documentarian would <i>be<\/i> doing, such as questioning, and follow-up questions being asked, testing constantly the honesty of everyone he interviews on-camera. Instead, he\u2019s just a patsy here. <\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">31:15: Nekrasov says \u201cHe [Magnitsky] went into prison healthy.\u201d Nekrasov is saying that the health-problems Magnitsky experienced during his 11-month pre-trial detention (ending in his death there) were due to his mistreatment there, not to any bad health. But, also, Nekrasov can\u2019t credibly re-enact the crucial scene, which, according to Browder\u2019s \u2018research\u2019, entailed 7 police officers beating to death Magnitsky, in a cell and situation that are so unrealistic that Nekrasov now has to rethink what it is that he\u2019s filming \u2014 is his friend Browder maybe lying?<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">32: \u201cWe stopped the camera.\u201d The re-enactment of Nekrasov\u2019s friend Browder\u2019s account is done \u2014 the documentarian no longer will accept, without deeper investigation, what Browder is telling him. These two until-now friends are, now and henceforth, very wary of each other. But it\u2019s not yet clear just how wary.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">36: Nekrasov has difficulties finishing his re-enactment of the scene of Magnitsky\u2019s death as it had been recounted by Browder. Had he been paying actors to do a \u2018re-enactment\u2019 that\u2019s actually false? Had he been wasting his money? Nekrasov is thus in crisis, recognizing that he had paid actors to re-enact a \u2018historical\u2019 account that was, at least to some extent, bogus. He had obviously wasted some money. From this moment on, Nekrasov starts to be concerned far more about how and why the Magnitsky Act came to be passed, than about Putin\u2019s alleged perfidies. He\u2019s no longer documenting Browder\u2019s case against, basically, Putin, and Putin\u2019s government. Amazingly, Nekrasov now starts to be an actual investigator, no longer a hero-worshipper (of Browder). Maybe it\u2019s his anger at having been deceived by Browder, which caused this sudden turn, but a turn it clearly seems to be.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">38: U.S. Senators Ben Cardin and John McCain are shown as having been instrumental in pushing through the Magnitsky Act, based on Browder\u2019s presentations.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">39: In December 2012 Obama signed the Magnitsky Act, which says that Russia\u2019s \u201cHuman Rights Council announced the results of its independent investigation into the death of Sergei Magnitsky,\u201d but Nekrasov finds that the Council had actually lifted wholesale into their report, evidence from the American Browder\u2019s presentation. Instead of Nekrasov\u2019s now proceedng to present the documents in the case, to his viewers, and getting right down to showing actual evidence, Nekrasov incongruously seeks first an interview with a non-witness, Magnistky\u2019s mother, who tells him what she thinks the documents show. Nekrasov seems to take this hearsay as constituting evidence, which it isn\u2019t \u2014 it\u2019s merely hearsay. But her testimony is really just questions in her mind, perhaps entirely honestly intended answers to his stupid questions. Clearly, Nekrasov isn\u2019t a good interviewer, and doesn\u2019t yet even know what constitutes evidence and what doesn\u2019t. (Later, at 1:09, he exhibits the realism to admit he\u2019s \u201cnot a natural-born detective.\u201d He certainly isn\u2019t, but he seems, thus far in the presentation, at least, to be honest, and he clearly wants to understand what really happened, and this apparent integrity might, if it\u2019s authentic, enable him to achieve marvelous things in this documentary, despite the enormous time-wastes to his viewers who are trying to get to it.)<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Then the filmmaker asks Magnitsky\u2019s mother whether mistreatment of Magnitsky was \u201cintentional\u201d \u2014 as if she\u2019d even be in a position to answer that. She says she doesn&#8217;t know. She never even saw the interrogation. She wasn\u2019t there. By now, I am expecting to see Nekrasov\u2019s investigation to start, and to be incompetently done. His questioning thus far has been largely stupid. But I was mistaken! Nekrasov now suddenly seems to be turning into the ideal type of solicitor \u2014 investigating lawyer, as opposed to barristers, the latter of whom, in UK, present cases to juries; but, if Nekrasov possesses any competency, it\u2019s as a solicitor (the presenting lawyer\u2019s researcher). Suddenly, he\u2019s what every barrister dreams of having \u2014 a terrific solicitor, a terrific investigator. Nekrasov appears now to be a great forensic analyst \u2014 but <i>only<\/i> of written evidence, the type that he\u2019ll <i>now<\/i> be examining. (As an interviewer, interrogator, he\u2019s obviously not even competent.) Perhaps it\u2019s no wonder Browder has banned this film! But, luckily for Browder, Nekrasov, as the <i>barrister<\/i> in this documentary, <i>is<\/i> incompetent; much of this film, infuriatingly (such as this interview of Magnitsky\u2019s mother), wastes the viewer\u2019s time and should just have been cut out altogether. This could be an extremely important documentary for what it will prove, but certainly not for its being a well-done documentary, nor even one that\u2019s enjoyable to watch \u2014 not in any way enjoyable! Watching it is, to the contrary, for me at least, a grueling chore. Many of the key passages go by far too fast for the viewer to absorb. Others are sheer waste and should have been eliminated. I needed frequently to go back a minute or so in order to see again a passage, in order to understand the full meaning of what had just-then whizzed by, before going on. Sometimes I had to re-view a passage several times. I spent around eight hours, simply to go through this two-hour documentary once; and, at the very least, it has a half-hour of sheer waste, and yet is too short by more than a half-hour on what should have been looked further into but was ignored. However, this film does have the advantage of interviewing many of the crucial people. It\u2019s an amateurish documentary, but still an important one.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">43: Nekrasov declares himself \u201cperplexed,\u201d because Magnitsky\u2019s mother hasn\u2019t confirmed Browder\u2019s account. Nekrasov isn\u2019t yet anti-Browder, but he now seems to fear that maybe he should have been; he doesn\u2019t yet know whether anything will be salvageable from the re-enactment he has produced.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">48: Nekrasov interviews Pavel Karpov, the alleged 8th police-officer who was involved in Magnitsky\u2019s alleged murder but who wasn\u2019t present on the actual occasion. Karpov had tried to sue Browder for libel in a London court, but wasn\u2019t able to. Karpov offers Nekrasov documents that Browder\u2019s case was built on but which are actually <b>fundamentally different from the way Browder had described them.<\/b> Nekrasov asks stupid follow-up questions (starting with \u201cWhy is Browder so bent on attacking you personally?&#8221;), rather than immediately to look at, and examine, the offered documents, and to discuss them with Karpov, to get his crucial feedback on key passages in it. (But Nekrasov will get around to talking about those documents after Karpov is gone. Nekrasov simply missed here his opportunity to discuss the documents with Karpov, and doesn\u2019t seem even to care about having missed it.) Karpov, during his conversation with Nekrasov, answers this personal question from Nekrasov by saying he had pursued Browder in 2004 for tax-evasion, and that that\u2019s his personal hypothesis as to why Browder smears Karpov. (51:32: Karpov says, \u201cHaving made billions here, Browder forgot to tell how he did it. So it suits him to pose as a victim. He is wanted here, but Interpol is not looking for him.\u201d) Nekrasov then, after Karpov is gone, looks at the documents Karpov has handed him; Nekrasov sees that Browder\u2019s account had been lies, if these documents from Karpov were authentic. The documentation which Nekrasov now had was very detailed. All of it was easily checkable. Nekrasov then starts checking, and he finds that the actual Russian-language documents, the originals that Karpov handed him copies of, present conflicts with the historical re-enactment that Nekrasov had been presenting for the first 32 minutes of this documentary. (54:45) \u201cThat impression didn\u2019t fit the story I was filming, and I somehow ignored it.\u201d But, now, \u201cI looked up Magnitsky\u2019s testimony again.\u201d Here we get to the filmmaker\u2019s area of investigative strength.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">(What Nekrasov represents as being Browder\u2019s English-language purported translations of the documents are shown here: <a href=\"http:\/\/russian-untouchables.com\/eng\/testimonies\/\"><span class=\"s2\">http:\/\/russian-untouchables.com\/eng\/testimonies\/<\/span><\/a> That\u2019s Browder\u2019s case. After writing this summary, I was shocked to see Russian-language originals there, no translations at all. More on that later.)<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Nekrasov claims to be especially struck that the basis of Browder\u2019s case \u2014 that Magnitsky had been killed by the police because he had accused two police officials, Karpov and Kuznetsov \u2014 is a lie because Magnitsky hadn\u2019t accused anyone.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Nekrasov says that the originals do not comport with the translations from Browder, and do not even mention by name any of the officers that are named in the translations. (What translations? Even that\u2019s not clear; but, supposedly, they are Browder\u2019s case \u2014 and they don\u2019t match the Russian-language originals.) \u201cWhy did Bill Browder insist Magnitsky had accused Karpov?\u201d Nekrasov asks.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">(55:40) \u201cI tried to reach Bill, first on the mobile, \u2026\u201d Nothing was responded to.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Nekrasov then interviews the top EU Parliamentarian who had spearheaded Browder\u2019s anti-Russian effort at the EU, and interviewed her with her Russian aide who was her source on everything (since that Parliamentarian couldn\u2019t read Russian). She said that Magnitsky had been killed because he had accused his interrogators and the police officials. <\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">1:00: <b>Nekrasov: \u201cThe problem is, he [Magnitsky] made no accusations. In that testimony, its record contains no accusations. \u2026 Mr. Magnitsky did not actually testify against the two officers [Karpov and Kuznetsov].\u201d<\/b> The Parliamentarian responds \u201cI can\u2019t relate to this.\u201d He then shows the Russian-language transcript to her aide. She reads it, and asks \u201cHave you talked to Andi [Andreas] Gross?\u201d Nekrasov says, \u201cI\u2019ve emailed him.\u201d She replies, \u201cHe is the author of the PACE [Parliamentary Assembly of the Council of Europe] report on Magnitsky. Have you read it?\u201d \u201cYes.\u201d \u201cAnd how does he deal with this?\u201d <b>\u201cThat\u2019s precisely the problem\u201d because it contradicts the transcript, he responds.<\/b>\u00a0<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">1:03: Nekrasov then interviews Gross, who starts by saying that when the U.S. had passed the Magnitsky Act, there had been far less documentation than the EU had in the PACE report. Nekrasov presents the original Russian of the transcript. <\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">1:04: Gross says: \u201cWe always have to trust the translation of the provider [presumably, Browder, but Nekrasov fails to make this clear].\u201d Gross can\u2019t read Russian. Nekrasov: \u201cBut they don\u2019t accuse them.\u201d \u201cGross: \u201cThey don\u2019t accuse them?\u201d \u201cNekrasov: \u201cNo.\u201d Gross: \u201cThese kind of documents, they all come from Browder\u2019s sources.\u201d (Gross makes clear what Nekrasov didn\u2019t and failed even to ask about: the EU action was based entirely upon Browder\u2019s translations, pictures, \u2018evidence\u2019.) Gross now backs off Browder\u2019s claim that Magnitsky was \u201cmurdered\u201d: simply \u201cThey didn\u2019t take care enough.\u201d Now: It\u2019s negligence; that\u2019s Gross\u2019s take on things now. Nekrasov fails to ask whether Gross regrets having presented Browder\u2019s case which alleges that it was intentional homicide. Nekrasov misses more opportunities than he takes advantage of. He doesn\u2019t recognize what\u2019s important and what\u2019s irrelevant. Even Gross has now admitted that the EU action was at least to some extent ungrounded.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">1:07:27: Nekrasov is at the book-signing ceremony and reception in Moscow for the publication of Browder\u2019s book about the Magnitsky matter. (At 1:35 is revealed that this event was filmed in London; it would have been on 3 February 2015, but this sloppy documentary fails to say anthing about the when and where of this event.) Nekrasov is on close affectionate terms with Browder\u2019s friends there, who now no longer include Nekrasov himself. He\u2019s now a highly disillusioned onlooker. Nekrasov asks attendees what Sergei Magnitsky had been like. They describe him as having been a cultured man, \u201cbrilliant,\u201d but an accountant and no lawyer: <b>\u201cHe wasn\u2019t a lawyer. He was an accountant.\u201d Browder evidently lies even about the type of professional service that Magnitsky had been providing to him.<\/b> <\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">1:10: Nekrasov now shows the film\u2019s viewers the Russian-language documents, and Russian-language news-reports prior to Magnitsky\u2019s having been brought in for questioning. There were news-reports about the discovery and reporting to police of the theft, \u201cAnd Magnitsky doesn\u2019t discover anything. That\u2019s what I found. He\u2019s supposed to discover this. But other people did. The press. Look at this: 7 October 2008. \u2018Magnitsky was questioned on a $232 million fraud.\u2019 And look here in this from the newspaper, on 23 September 2008, two weeks before Magnitsky\u2019s police questioning, (1:12:14:) \u2019the theft of USD 232 million from the state treasury\u2019, and the police probe into it.\u201d The investigation had started \u201con April 9, 2008.\u201d A certain (1:12:43) Rimma Mikhailovna Starova reported the theft to the police on that date. Then Nekrasov shows the viewer this document:<\/span><\/p>\n<p class=\"p4\"><span class=\"s6\"><a href=\"http:\/\/web.archive.org\/web\/20081016164839\/http:\/\/www.hermitagefund.com:80\/\">http:\/\/web.archive.org\/web\/20081016164839\/http:\/\/www.hermitagefund.com:80\/<\/a><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">it says:<i> <\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>September 16, 2008<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>BRITISH VIRGIN ISLANDS HIGH COURT ISSUES MULTI-JURISDICTIONAL RULING TO PROTECT HSBC AND THE HERMITAGE FUND FROM RUSSIAN FRAUD<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>HCML. The High Court of Justice of the British Virgins Islands (the \u201cCourt\u201d) has issued a multi-jurisdictional injunction against Boily Systems Limited (\u201cBoily\u201d), a BVI company that acquired three Russian investment vehicles that had been stolen from HSBC and the Hermitage Fund and that were used by an organized criminal group to defraud the Russian Government of US$230 million. The ruling made in response to court filings by HSBC, acting as Trustee of the Hermitage Fund, on 11 July 2008, will be used in Russian arbitration hearings scheduled for later this week in Moscow regional court.<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>September 16, 2008<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>BRITISH VIRGIN ISLANDS HIGH COURT ISSUES MULTI-JURISDICTIONAL RULING TO PROTECT HSBC AND THE HERMITAGE FUND FROM RUSSIAN FRAUD<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>HCML. The High Court of Justice of the British Virgins Islands (the \u201cCourt\u201d) has issued a multi-jurisdictional injunction against Boily Systems Limited (\u201cBoily\u201d), a BVI company that acquired three Russian investment vehicles that had been stolen from HSBC and the Hermitage Fund and that were used by an organized criminal group to defraud the Russian Government of US$230 million. The ruling made in response to court filings by HSBC, acting as Trustee of the Hermitage Fund, on 11 July 2008, will be used in Russian arbitration hearings scheduled for later this week in Moscow regional court.<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>April 07, 2008<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>Hijacking the Hermitage Fund<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>BusinessWeek. Hermitage Capital Management alleges that a massive fraud attempt in Russia, which even included the police, nearly made off with hundreds of millions.<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">So: on 7 April 2008, the accusations, including against \u201cthe police,\u201d were already published, at Browder\u2019s own website, and Magnitsky wasn\u2019t brought in for questioning until 7 October 2008 \u2014 and he didn\u2019t accuse anyone \u2014 and he hadn\u2019t been the person who reported the matter to the police; it was Rimma Mikhailovna Starova who had already done that.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">And he shows this press release:<\/span><\/p>\n<p class=\"p4\"><span class=\"s6\"><a href=\"http:\/\/web.archive.org\/web\/20090130125854\/http:\/\/hermitagefund.com:80\/index.pl\/news\/article.html?id=899\">http:\/\/web.archive.org\/web\/20090130125854\/http:\/\/hermitagefund.com:80\/index.pl\/news\/article.html?id=899<\/a><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">which says:<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>8 February 2008: The three stolen vehicles<\/i> [\u201cthree Russian investment vehicles that had been stolen from HSBC and the Hermitage Fund and that were used by an organized criminal group to defraud the Russian Government of US$230 million\u201d]<i> are purchased by Boily from Pluton for US$750. Ms Rimma Starova, a 70 year-old resident of Novocherkassk, Russia, is appointed the General Director of each of the three stolen vehicles.<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>24 March 2008: Mr Smetanin issues a decision to liquidate the three stolen vehicles.<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>24 March 2008: Mr Smetanin, acting as Boily\u2019s authorized representative, appoints the liquidator for the three stolen vehicles, Mr. Shcherbakov.<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>April 2008: Ms. Starova files a criminal complaint with the Russian Interior Ministry in Kazan falsely accusing representatives of HSBC\u2019s companies of the theft of state funds.<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>July 2008: In response to HSBC filings, the Moscow regional court issues order prohibiting the liquidation of the three stolen vehicles.<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>30 July 2008: The liquidator Mr Shcherbakov files to initiate the bankruptcy of the three stolen vehicles with the Moscow Regional Court.<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>19 August 2008: Lawyers acting for Kroll, the Receiver of Boily, appealed to the Moscow Regional Court to stop the bankruptcy proceedings.<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>For further information, please contact:<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>Hermitage Capital Management<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>Phone: +44 207 440 1777<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>Email: info@hermitagefund.com<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">So: Hermitage, Browder\u2019s firm, had already made public on its website, that in \u201cApril 2008: Ms. Starova files a criminal complaint with the Russian Interior Ministry in Kazan falsely accusing representatives of HSBC\u2019s companies of the theft of state funds.\u201d Browder\u2019s firm claimed Starova was \u201cfalsely accusing\u201d people \u201cof the theft of state funds\u201d amounting to $232 million. Browder\u2019s firm is saying that these charges against it (against those \u201cHSBC\u2019s companiess\u201d \u2014 they are actually Browder\u2019s own Hermitage) are \u201cfalsely accusing\u201d Browder\u2019s firm. The Hermitage propaganda was as vague as possible there, so as not to make clear to readers that <b>Browder\u2019s own company, Hermitage itself, was being accused of having stolen $230 million from the Russian Government<\/b>.) Then, on 7 October 2008, Magnitsky was brought in for questioning, and he didn\u2019t accuse anybody. And Magnitsky was Browder\u2019s accountant \u2014 not (as Browder constantly claims) his \u201clawyer.&#8221; <\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">1:13:32: \u201cMr. Browder\u2019s companies were part of this financial empire HSBC [Nekrasov finally gets around to mentioning that], Europe\u2019s biggest bank. \u2026 Rimma Starova became a figurehead director of Browder\u2019s companies after they were used to return [to the Russian Government] $232 million in the tax-rebate fraud. \u2026 Starova broke the rules of the game for some reason and reported the scam to the police. She accused these people. This obscure agent reported the crime. \u2026 Hermitage at first kept the report of the tax-rebate fraud as a false accusation against them[selves].\u201d (I had to replay that passage several times in order to understand fully and accurately what Nekrasov was saying.)<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">1:15: \u201cIn March 2009, Starova\u2019s report disappeared from Hermitage\u2019s website. \u2026 This is the same time that Magnitsky started to be treated as an analyst \u2026 who discovered the $232 million fraud. Thus the Magnitsky-the-whistleblower story was born, nine months after\u201d the matter had been reported to the police. Nekrasov says that the Browder version is: \u201cYes, the crime [$232 million fraud against the public treasury but, according to Browder, actually against Browder\u2019s firm] took place, but somebody else did it \u2014 the police did it.\u201d Nekrasov adds: \u201cAnd it is true that Mr. Karpov confiscated the [original incorporating documents] and he has those originals within his possession\u201d to answer whether any police were involved. But Nekrasov still doesn\u2019t ask Karpov to present those documents. Nekrasov is no interrogator, shockingly poor at doing that. He\u2019s just a documents-investigator \u2014 and that\u2019s an important and rare skill to have.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">1:18-1:24: Somehow, somewhere, out of nowhere in the structure of this disjointed documentary\u2019s storyline, Nekrasov interviews Browder yet again, who turns out to be now an insulting interviewee. He insists that Magnitsky had accused the police both in June and in October of 2008 and refuses to accept Nekrasov\u2019s statement that Magnitsky did not accuse them. Browder says he doesn\u2019t know who reported the crime first, and, \u201cWe\u2019d have to go back through our records.\u201d \u201cIt could have been Sergei Magnitsky, it could have been any of our other lawyers.\u201d Nekrasov mentions Rimma Starova, and Browder says \u201cshe\u2019s some kind of low-paid, some kind of pensioner,\u201d so he doesn\u2019t call her a \u201clawyer.&#8221; Browder now threatens Nekrasov: \u201cAnybody who says that Sergei Magnitsky didn\u2019t expose the crime before he was arrested is just trying to whitewash the Russian Government. \u2026 Are you trying to say that Pavel Karpov is innocent? I\u2019d really be careful about your going out and saying that Magnitsky wasn\u2019t a whistleblower. That\u2019s not going to do well for your credibility \u2026 like \u2018we don\u2019t have any men in Crimea\u2019.\u201d Browder walks off in a huff.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">1:26: Nekrasov now goes back to look more closely into documents he had not previously carefully examined. He finds: In 4 October 2004, Browder was formally accused in one case, of \u201cforgery of a document issued by the minister of investment policies.\u201d The document in Russian is shown. \u201cI myself overdramatized the raid in my film,\u201d Nekrasov admits on-camera. (Presumably, he\u2019s angry against Browder now, for having deceived him so, but his comportment exhibits no anger, maybe because Nekrasov still actually remains fond of Browder.)<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">1:27:40: A photo of an alleged employee of Browder\u2019s law firm, Firestone Duncan, who is shown in Browder\u2019s publications as being named \u201cVictor Poryugin\u201d and as having facial wounds from allegedly having been beaten by police, turned out to be showing a person who never was with Browder\u2019s firm, but instead to have been picturing \u201can American human rights campaigner beaten up during a street protest in 1961.\u201d It was Jim Zwerg, civil-rights demonstrator, during the 1960s, in the American South.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">For me, that point in the documentary (I hadn\u2019t yet seen for myself all the evidence I\u2019d need to see) <b>practically ended the entire case, right there. To switch photos like that is unacceptable<\/b> practice in any document from a person (such as Browder) who possesses power; acceptance of such practice in any but a blatant dictatorship (such as, maybe, Western governments are?), is unimaginable. Video was shown there, of <a href=\"http:\/\/www.pophistorydig.com\/topics\/tag\/jim-zwerg-freedom-rider\/\"><span class=\"s3\">\u201cJim Zwerg, Freedom Rider\u201d<\/span><\/a> and from the online video, \u201cFR Project \u2014 Jim Zwerg in Hospital.\u201d For me, that seemed to end the matter. Still, I had lots more investigation to do; so, I stuck with this incompetently-made documentary.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u201cBut Browder\u2019s biggest falsehood was the aim of the search. \u2026 And so we looked for information about the actual way Browder\u2019s companies had changed owners. The investigators questioned Magnitsky because he was the accountant for Browder\u2019s companies.\u201d The way that ownership changed was \u201cPowers of attorney. Something Browder never mentioned.\u201d A document is shown: \u201cPurchase agreement \u2026 Based on this power of attorney, Gasanov represents Glendora Holdings Ltd.\u201d<span class=\"Apple-converted-space\">\u00a0 <\/span>Nekrasov: \u201cDefending himself and the Browder team, Magnitsky claimed that Gasanov\u2019s powers of attorney were not legitimate.\u201d Then follows a long and complex discussion of the way that billions of dollars were ordinarily siphoned out of Russia after the fall of communism and start of capitalism there. (1:34) \u201cGasanov, the middleman who had the power of attorney connecting the new nominees to the real beneficiaries, could not be asked who was giving them orders, as he mysteriously died. \u2026 No one proved that it was murder, but if that death was a coincidence, it wasn\u2019t the only one. A figurehead director of one of Browder\u2019s companies \u2026 died within months. &#8230; From contracts, signed by Gasanov, I knew of another figurehead involved in the scam, who survived, perhaps because he was arrested. Having served a term, he went into hiding. His name was Viktor Markelov.\u201d \u201c[Markelov\u2019s] Crimes: Imprisoned for manslaughter 2001. Arrested for extortion &amp; kidnapping 2006. Convicted in a closed trial for the theft of $230 million taxes by Hermitage, 2009.\u201d<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">1:35: \u201cQuestioned by the police, Markelov named Browder\u2019s associates Khairetdinov and Kleiner as people involved in the company\u2019s re-registration. I saw the gentlemen at Browder\u2019s London book-launch party. \u2026 Magnitsky was questioned about his acquaintance with Gasanov. \u2026 Magnitsky refused to answer. \u2026 So there was evidence that Magnitsky and Browder\u2019s other lieutenants were involved in his re-registration they later called theft.\u201d Nekrasov is saying that Browder\u2019s team had set things up to look as if outsiders \u2014 not Browder\u2019s team \u2014 had transferred the assets.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">1:36: \u201cAccording to Browder, Magnitsky was a brilliant young lawyer, and he had been hired specifically in order to investigate this theft of his company \u2014 both not true as it turned out. <b>Magnitsky was not a lawyer, and he had been an accountant for Browder\u2019s company since the nineties.\u201d<\/b><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">1:36:20: \u201cThe document [not clear which one] was signed by Browder\u2019s real lawyer, E.M. Khareitdinov. I caught up with Mr. K. and wanted to interview him, but he declined.\u201d (There\u2019s no deposition from him on the matter? Really? Nekrasov doesnt\u2019t probe to find out.) Then documents are shown signed by K. with altered dates. \u201cBut the complaint that K. had filed alleging that theft had occurred from Browder\u2019s company made no mention of any $232 million theft but \u201can attempt to steal more than nine billion rubles!\u201d ($400 million) \u201cYet Mr. Browder had told me those companies had no assets at the time.\u201d (1:40) Filmclip of Browder telling him \u201cAt that time, we didn\u2019t have any assets left in Russia.\u201d Browder\u2019s lawyers \u201cforgot, by the way, to add the standard clause about admitting responsibility for false accusations here. <b>Bill Browder\u2019s words and his documents didn\u2019t match.\u201d<\/b><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">What follows till the film\u2019s end include U.S. court depositions of Browder (15 April 2015), and of the case\u2019s person who \u2018investigated\u2019 the matter (who, what matter, not clear), showing that Browder said he didn\u2019t know anything even about crucial documents, and that the U.S. federal \u2018investigator\u2019 (presumably on the basis of which Congress has passed and Obama had signed the Magnitsky Act \u2014 but Nekrasov doesn\u2019t say) admitted that his investigation had been merely pefunctory and that all of Browder\u2019s presentation was accepted by the U.S. Government without question. More follows regarding the incoherence and sometimes impossibility of the allegations that U.S. investigators came up with about the matter. (1:53: 45): Nekrasov: \u201cAnd at a closer look, the figures simply didn\u2019t add up.\u201d <\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u2014\u2014<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Those are the highlights I was able to glean from this tedious, but, if entirely honest, then historically extremely important documentary.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">After watching it, I sought to find online the false translations into English that Nekrasov claims Browder to have presented. <b>Nekrasov conspicuously failed to provide any evidence backing up his key claim, that Browder\u2019s case is based on fraudulent translations from the Russian evidence.<\/b> So, I asked Nekrasov for this evidence. He replied:<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>Here&#8217;s a brief recap of my view on the issue.<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>Any unbiased scrutiny of the texts of the &#8220;testimonies&#8221; (police questioning transcripts) AND the summaries should, IMHO, lead to the conclusion that Browder twists the facts badly.\u00a0<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>The facts are that Magnitsky was questioned by police investigating frauds he appears to have known of, or had participated in.\u00a0<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>Browder told me (and many others) that Magnitsky had accused police officers (Karpov and Kuznetsov) of taking part in the fraud, on Oct 7 2008. And consequently, a month later, was arrested by the people he had accused.<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>After I questioned this version, and pointed out that there aren&#8217;t even officers names in the Oct 7 transcript, Browder started focusing on the fact that in the June 2008 transcript Magnitsky &#8220;names the officers&#8221;.\u00a0<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>That is disingenuous. &#8220;Naming&#8221; doesn&#8217;t mean a substantiated accusation. (He names all kinds of other people). And there is no mention of the theft of 230 million dollars in the June &#8220;testimony&#8221;.\u00a0<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>There is absolutely no evidence of Magnitsky having investigated the fraud, and possessing any proof of the police&#8217;s involvement. Even if he had some, Browder would have had to explain how in the totally lawless and corrupt country he says Russia is, the omnipotent police\u00a0 was so afraid of one accountant as to bother organising such a protracted and elaborate persecution against him. But Magnitsky did not have any evidence, and revealed nothing that hadn&#8217;t been revealed and published by others, in much more detail, in the Russian media, inter alia.<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">In short: he didn\u2019t reply \u2014 he diverted, he evaded.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">As I had said, \u201c(What Nekrasov represents as being Browder\u2019s English-language purported translations of the documents are shown here: <a href=\"http:\/\/russian-untouchables.com\/eng\/testimonies\/\"><span class=\"s2\">http:\/\/russian-untouchables.com\/eng\/testimonies\/<\/span><\/a> That\u2019s Browder\u2019s case. After writing this summary, I was shocked to see Russian-language originals there, no translations at all. More on that later.)\u201d <i>Now<\/i> is that \u201clater\u201d: According to Nekrasov\u2019s interview of Andreas (\u2018Andi\u2019) Gross, who had prepared the PACE report, which report was the basis for the EU\u2019s decision to pass into law its own Magnitsky sanctions against Russia, Gross had written this PACE report without having seen the Russian-language originals of Magnitsky\u2019s depositions to the police. Gross made clear that he couldn\u2019t read Russian. So, I decided to find out whether Gross had read false translations, done by Browder\u2019s people, of these Magnitsky-depositions, into a language Gross knew, and, on that basis, had been deceived, by those false Browder translations, to write this report. In any event, here is the core section of the PACE report, Gross\u2019s report \u2014 you might not want to read all of this section of it, but at least the presentation of it here gives you a chance to skim that core part of it:<\/span><\/p>\n<p class=\"p3\"><span class=\"s6\"><a href=\"http:\/\/assembly.coe.int\/nw\/xml\/XRef\/Xref-XML2HTML-en.asp?fileid=20084&amp;lang=en\">On the Council of Europe\u2019s website<\/a><\/span><span class=\"s4\">, I found this <a href=\"http:\/\/assembly.coe.int\/nw\/xml\/XRef\/Xref-XML2HTML-en.asp?fileid=20084&amp;lang=en\"><span class=\"s3\">\u201cAppendix 1 \u2013 Update in light of new information received\u201d<\/span><\/a> (and it\u2019s permanently archived here: <a href=\"http:\/\/web.archive.org\/web\/20180416180457\/http:\/\/assembly.coe.int\/nw\/xml\/XRef\/Xref-XML2HTML-en.asp?fileid=20084&amp;lang=en\"><span class=\"s3\">http:\/\/web.archive.org\/web\/20180416180457\/http:\/\/assembly.coe.int\/nw\/xml\/XRef\/Xref-XML2HTML-en.asp?fileid=20084&amp;lang=en<\/span><\/a>):<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u2014\u2014<\/span><\/p>\n<p class=\"p5\"><span class=\"s1\">Open Society Justice Initiative sent me copy of an addendum to the Forensic Report by \u201cPhysicians for Human Rights\u201d with numerous attachments (excerpts, in translation, from witness testimony and other Russian documents from court proceedings), and I accessed documentation which became public following a court hearing on 24 July 2013 in London, concerning the libel suit by Mr Karpov against Mr Browder. In August 2013, I also received a file from Mr Karpov\u2019s lawyers.<\/span><\/p>\n<p class=\"p5\"><span class=\"s1\"><b>2. Evaluation of the additional information received<\/b><\/span><\/p>\n<p class=\"p5\"><span class=\"s1\"><b><i>2.1. Information received from the Russian authorities<\/i><\/b><\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">1.<\/span><span class=\"s1\"> In view of the discussion at the committee meeting on 26 June and the letter I subsequently addressed to the Russian delegation specifying the additional information I required, I am rather disappointed with the information received, which does not include any new elements of proof or explanations beyond the material on the basis of which I produced the draft report.<\/span><\/p>\n<p class=\"p5\"><span class=\"s1\"><i>2.1.1. The letters from the Prosecutor General\u2019s Office and from the Investigative Committee<\/i><\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">1.<\/span><span class=\"s1\"> Regarding the need for providing additional elements to the committee, the letters from the Prosecutor General\u2019s Office and from the Investigative Committee apparently contradict each other. The former claims that:<\/span><\/p>\n<p class=\"p6\"><span class=\"s1\">\u201cMr Gross himself has no knowledge of the documents of the criminal case at point and, despite the offer from the General Prosecutor\u2019s Office of the Russian Federation, has no wish to familiarise himself with them\u201d.<\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">2.<\/span><span class=\"s1\"> By contrast, the Investigative Committee refused to provide any further evidence as they<\/span><\/p>\n<p class=\"p6\"><span class=\"s1\">\u201cbelieve that a satisfactory amount of necessary documentation and information on the findings of the investigation in this criminal case was submitted at working meetings with Andreas Gross. Given the stance of the PACE committee delegation in this matter, we do not think that it serves any purpose to submit any further documentary information\u201d.<\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">3.<\/span><span class=\"s1\"> The Investigative Committee\u2019s letter concludes by stating that<\/span><\/p>\n<p class=\"p6\"><span class=\"s1\">\u201cthe other questions mentioned by Mr Gross fall within the remit of the Investigations Department of the Russian Ministry of Internal Affairs\u201d.<\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">4.<\/span><span class=\"s1\"> The Ministry of Internal Affairs, in turn, did not respond at all to the call for additional information. To sum up, the Prosecutor General\u2019s Office does not wish to provide me with additional elements from the case file because I have not shown a real interest, whereas the Investigative Committee considers that my interest in additional elements of information goes too far because I already received everything they could give me.<\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">5.<\/span><span class=\"s1\"> On substance, the letter from the Prosecutor General\u2019s Office insists that the posthumous trial<span class=\"Apple-converted-space\">\u00a0 <\/span>corresponds to the family\u2019s request. This is rather surprising. I listened at length both to Mr Magnitsky\u2019s widow and to his mother, who expressed their strong opposition to the posthumous trial against him, complained about harassment by the judicial authorities summoning them for questioning on Mr Magnitsky\u2019s behalf and showed me copies of several applications sent to the Prosecutor General\u2019s Office to this effect. Ironically, the same senior official who signed the letter to me of 31 July 2013 also signed the decision to reject the family\u2019s appeal against the posthumous reopening of the trial. The argument used in the letter addressed to me that the family\u2019s public affirmation of Mr Magnitsky\u2019s innocence necessarily meant that they wanted the trial to take place is unacceptable as it violates both the presumption of innocence guaranteed also in the Russian Constitution and the right to freedom of speech. This argument is based on a misunderstanding of the judgment of the Russian Constitutional Court of 14 July 2011 to which the letter refers and whose meaning was expertly explained to me by the Constitutional Court\u2019s former Vice-President. <\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">6.<\/span><span class=\"s1\"> Otherwise, the letter merely repeats the position of the Prosecutor General\u2019s Office\u2019s regarding the innocence of various officials and the purported guilt of Mr Magnitsky and Mr Browder, as recognised in part by the judgment of the Tverskoy District Court in Moscow of 11 July 2013. They were found guilty of tax evasion, in line with the accusations already analysed in detail in the draft report (\u201cKalmykia case\u201d). <\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">7.<\/span><span class=\"s1\"> Regarding the US$230 million tax reimbursement fraud, initially denounced by Mr Magnitsky and Mr Browder and subsequently blamed on them,<span class=\"Apple-converted-space\">\u00a0 <\/span>the letter reads as follows:<\/span><\/p>\n<p class=\"p6\"><span class=\"s1\">\u201cIt is quite clear from the report that Mr Gross is expressing his contempt for the decisions of the Russian courts which have established in particular that it was the representatives of the Hermitage investment fund who had themselves voluntarily re-registered the \u201cMakhaon\u201d, \u201cParfenion\u201d and \u201cRilend\u201d companies in the name of other individuals, a fact that Mr Browder is seeking to conceal by shifting the blame, without any foundation, onto the law enforcement agencies of the Russian Federation.\u201d<\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">8.<\/span><span class=\"s1\"> In the draft report, I have described in some detail why it is absurd that Messrs Magnitsky and Browder themselves committed the fraud they had denounced in their detailed criminal complaints made before the fraud actually happened. The judgments recognising the claims against the Hermitage companies effectively annulling the profits for which Hermitage had paid the equivalent of US$230 million in taxes were obtained by lawyers acting on behalf of the criminal conspiracy \u2013 on both sides of the court cases in question. They were shown to have travelled frequently with some of the officials accused of being involved in the conspiracy. The court ruling of 30 July 2007 in favour of the convicted criminal Mr Markelov, transferring to \u201cPluton\u201d (a company owned by Mr Markelov) the three Hermitage companies mentioned in the above quote from the Prosecutor General\u2019s Office, was based on false documents.<span class=\"Apple-converted-space\">\u00a0 <\/span>Upon the discovery of the fraud, the lawful owners of the Hermitage companies succeed in having the ruling of 30 July 2007 overturned, but then the criminal conspirators came up with another plot: they claimed, in their appeal, that Mr Markelov (\u201cPluton\u201d) had acquired the Hermitage companies from a Mr Gasanov with whom he had purportedly signed an agreement on the companies\u2019 sale on 31 July 2007. Mr Gasanov died on 1 October 2007 and could no longer be questioned. But why did Mr Markelov feel the need to buy the three companies on 31 July 2007 after he had obtained a court ruling recognising him as the owner the day before, on 30 July 2007? The court of first instance, which had looked into the merits of the case, had confirmed Hermitage as the lawful owners of the three companies in September 2009. The criminal conspirators appealed this decision via an application from Mr Markelov\/\u201dPluton\u201d \u2013 at the time when Mr Markelov was serving a five-year prison sentence for his role in the US$230 million fraud! The conspirators succeeded in having the stolen Hermitage companies (Makhaon, Parfenion and Rilend) liquidated by the time the appeal was heard. The appeal court then refused to recognise the rights of Hermitage over the three companies on the ground that they had been liquidated and that there was therefore no reason to consider the merits. This is, in short, the meaning of the court decisions, copies of which the Prosecutor General\u2019s Office handed to me during my second visit to Moscow and which I referred to in the draft report.<span class=\"Apple-converted-space\">\u00a0 <\/span>They show how the conspirators have succeeded in misusing certain Russian courts for their purposes. It is really for the Prosecutor General\u2019s Office to ask the rather obvious questions following from this state of affairs rather than criticising those who point out the inconsistencies.<\/span><\/p>\n<p class=\"p5\"><span class=\"s1\"><i>2.1.2. The letter from the Ministry of Justice<\/i><\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">1.<\/span><span class=\"s1\"> The third and longest letter received on 31 July 2013 is that of the Ministry of Justice, which submits a fairly detailed summary of the stay of Mr Magnitsky in different pretrial detention centres and of the evolution of his state of health and the diagnostics and treatment carried out in detention. Despite its detailed character, the submission skips over a number of salient facts, which are well established in official documents, for example the frequent transfers of Mr Magnitsky between different cells in the same pretrial detention centre and the use of rubber batons against him shortly before his death. The testimony by the civilian emergency doctor, who found Mr Magnitsky dead after having been kept waiting for over an hour in front of the prison, was completely ignored.<\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">2.<\/span><span class=\"s1\"> Nevertheless, the Ministry of Justice deserves credit for accepting the fact that certain employees of the prison administration had not carried out their duties satisfactorily, including Ms Litvinova, a hygiene expert at Butyrska, and several other officials who, according to the letter, were demoted or otherwise sanctioned. This said, the fact remains that the one prison doctor the authorities have recognised as having been guilty of criminal wrongdoings \u2013 Ms Litvinova \u2013 could not be prosecuted successfully because of the statute of limitation, which obliged the authorities to terminate the proceedings after they had dragged their feet for many months. My impression is that Ms Litvinova, who was allegedly not even qualified to dispense medical treatment, is a convenient scapegoat, whilst others, including Dr Gaus, the Matrosskaya Tishina doctor in charge when Mr Magnitsky suffered a terrible crisis and died without any medical attention, have never been indicted. The letter also fails to explain the U-turn by the prosecution in the case against Mr Kratov, the other Butyrka prison doctor indicted for criminal negligence. Shortly after a public statement by President Putin effectively exonerating all involved officials, the prosecution suddenly reversed course and requested Mr Kratov\u2019s acquittal, which was promptly granted by the court.<\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">3.<\/span><span class=\"s1\"> The letter indicates that a number of other officials were disciplined or demoted due to Mr Magnitsky\u2019s death in detention, including Lieutenant Colonel Telyatnikov, Lieutenant Colonel Komnov and Major General Davydov. But according to my information, Mr Davydov simply retired from his position as the Head of the Federal Prison Administration for Moscow. Mr Telyatnikov, one of Mr Davydov\u2019s collaborators, was made governor of Burtyrka prison, which is arguably a promotion. Only Mr Komnov, who was the governor of Butyrka prison during Mr Magnitsky\u2019s stay, can be seen as having been demoted, as he was made deputy governor of another prison in Moscow.<\/span><\/p>\n<p class=\"p5\"><span class=\"s1\"><b><i>2.2. Information received from other sources<\/i><\/b><\/span><\/p>\n<p class=\"p5\"><span class=\"s1\"><i>2.2.1. Additional medical information<\/i><\/span><\/p>\n<p class=\"p5\"><span class=\"s7\"><b>1.<\/b><\/span><span class=\"s1\"><b> The lawyers assisting Mr Magnitsky\u2019s mother, Ms Natalya Magnitskaya, with her application to the European Court of Human Rights, have made available a Forensic Report<span class=\"Apple-converted-space\">\u00a0 <\/span>and a significant volume of materials from the Russian court proceedings against the medical staff prosecuted for negligence (witness testimony, extracts from Mr Magnitsky\u2019s medical file and other documents, including the results of the ultrasound examination, translated into English).<\/b><\/span><\/p>\n<p class=\"p5\"><span class=\"s7\"><b>2.<\/b><\/span><span class=\"s1\"><b> This additional information clearly confirms the assessment given in the draft report of the circumstances of the deterioration of Mr Magnitsky\u2019s health while in detention and in particular of the gross mismanagement of the acute crisis just before his death. <\/b><\/span><\/p>\n<p class=\"p5\"><span class=\"s7\"><b>3.<\/b><\/span><span class=\"s1\"><b> The diagnosis of severe pancreatitis made following the ultrasound examination of the abdominal cavity organs on 1 July 2009 (in particular, length of the pancreatic gland of 31 cm, the normal length being 12-15 cm) and its cause \u2013 gallstones (cholelithiasis)<span class=\"Apple-converted-space\">\u00a0 <\/span>\u2013 is very specific:<\/b><\/span><\/p>\n<p class=\"p6\"><span class=\"s1\"><b>\u201c\u2026 the diagnosis is quite obvious and easy to make. Any practicing clinical physician would have been able to see this from the ultrasound examination and address the problem by surgically removing the gallbladder.\u201d <\/b><\/span><\/p>\n<p class=\"p5\"><span class=\"s7\"><b>4.<\/b><\/span><span class=\"s1\"><b> The expert also stresses the dire consequences of this condition for Mr Magnitsky:<\/b><\/span><\/p>\n<p class=\"p6\"><span class=\"s1\"><b>\u201cPancreatitis, whether acute or chronic, typically produces severe, to excruciating, unrelenting abdominal pain and frequent bouts of vomiting.\u201d <\/b><\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">5.<\/span><span class=\"s1\"> Treatment would have been straightforward. In the words of the forensic expert:<\/span><\/p>\n<p class=\"p6\"><span class=\"s1\">\u201cGiven that the pancreatitis was most likely caused by the gallstones, it would have been a relatively simple surgical operation to remove the gallstones, which would have led to a swift recovery.\u201d <\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">6.<\/span><span class=\"s1\"> But shortly before the scheduled treatment, at Matrosskaya Tishina, where the diagnosis was made, Mr Magnitsky was transferred to Butyrka prison, which was not equipped for surgery, and despite his numerous documented requests for medical assistance, he was not given any adequate treatment. In fact, one of the drugs he was prescribed at Butyrka \u2013 Diclofenac \u2013 is actually know to worsen or even cause pancreatitis. <\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">7.<\/span><span class=\"s1\"> In the words of the forensic expert, here is what happens when pancreatitis is left untreated:<\/span><\/p>\n<p class=\"p6\"><span class=\"s1\">\u201cLeft untreated, acute pancreatitis may continue to worsen or lead to chronic pancreatitis and can lead to infection, including peritonitis (an infection of the abdominal cavity), septic shock (hypotension, which can lead to cardiovascular collapse), and ultimately death.\u201d <\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">8.<\/span><span class=\"s1\"> The following are the symptoms of septic shock, and the urgent treatment it necessitates:<\/span><\/p>\n<p class=\"p6\"><span class=\"s1\">\u201cThis medical condition is manifested by changes in behaviour and mental status including agitation, confusion, lethargy, coma and death. Psychiatrists are trained to differentiate between behavioural changes caused by mental illness and behavioural changes caused by an underlying medical condition \u2026 The correct treatment for septic shock arising from untreated pancreatitis and\/or peritonitis requires immediate, aggressive resuscitation with fluids and electrolytes, especially calcium, antibiotics, if indicated, and intense supportive care, which necessitates treatment in an intensive care unit until the patient can be stabilised. Left untreated, a patient suffering from such symptoms will go into irreversible hypovolemic shock and die.\u201d<\/span><\/p>\n<p class=\"p5\"><span class=\"s7\"><b>9.<\/b><\/span><span class=\"s1\"><b> These are precisely the symptoms Mr Magnitsky showed when he was admitted to Matrosskaya Tishina, where he was transported by ambulance on 16 November 2009 following a critical deterioration of his health at Butyrka. But instead of receiving the urgently needed treatment, Sergei Magnitsky was \u201ctranquillised\u201d by a beating with rubber batons, handcuffed and thrown into a holding cell, alone and without any medical attention. The civilian emergency medical team was kept waiting in front of the prison for over an hour and could only state that death had occurred at least fifteen minutes before they were finally allowed in.<\/b><\/span><\/p>\n<p class=\"p5\"><span class=\"s7\"><b>10.<\/b><\/span><span class=\"s1\"><b> The forensic expert\u2019s assessment is very clear:<\/b><\/span><\/p>\n<p class=\"p6\"><span class=\"s1\"><b><i>\u201cConsequently, the decision by the authorities at Matrosskaya Tishina prison to physically restrain Mr Magnitsky, keep him in a cell for two hours, while denying standard medical treatment, resulted in his death.\u201d<\/i><\/b><\/span><\/p>\n<p class=\"p5\"><span class=\"s7\"><b>11.<\/b><\/span><span class=\"s1\"><b> There is nothing I could add to this except to recall that none of the \u201cauthorities\u201d present at Matrosskaya Tishina when Mr Magnitsky died in excruciating pain because he was denied standard medical treatment has even been indicted.<\/b><\/span><\/p>\n<p class=\"p5\"><span class=\"s1\"><i>2.2.2. Documents made public in the libel proceedings in London<\/i><\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">1.<\/span><span class=\"s1\"> As mentioned in the report, one of the policemen accused of wrongdoings in the context of the Magnitsky case, Mr Pavel Karpov, has launched libel proceedings against, <i>inter alia<\/i>, Mr Browder, before the High Court in London. During a preliminary hearing this summer, a set of pleadings by Mr Karpov and a batch of documents filed in their support have entered into the public domain. In August, Mr Karpov\u2019s lawyers handed me in Bern a file on the libel case against Mr Browder. Mr Karpov\u2019s pleadings concern <i>inter alia<\/i> the source of his and his family\u2019s wealth, and the basis for his luxurious lifestyle which appear to be quite out of proportion with his official salary. According to Mr Karpov\u2019s own submission, his salary in 2011 (the last year before his early retirement) was the equivalent of about \u20ac17 000 \u2013 per year. Mr Karpov explained that he had supplemented his policeman\u2019s salary by occasional work as an interior decorator in his mother\u2019s business and that the property acquisitions by himself and by his mother were financed by the proceeds of the profitable resale of properties acquired earlier. I received similar explanations from the prosecutorial authorities in Moscow. But the amounts do not add up at all, and I am also not convinced that the difference can be explained by \u201cgifts\u201d from rich friends and ex-girlfriends, as Mr Karpov added. I would just like to highlight two points resulting from the documents submitted by Mr Karpov in London:<\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">2.<\/span><span class=\"s1\"><i> Firstly, according to the \u201cconclusions of the internal inquiry on the application of D.R. Firestone\u201d<span class=\"Apple-converted-space\">\u00a0 <\/span>by Interior Ministry Police Colonel E.S. Sibilev of 17 September 2010,<\/i><\/span><\/p>\n<p class=\"p6\"><span class=\"s1\"><i>\u201cKarpov has no other sources of income except his salary\u201d. <\/i><\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">3.<\/span><span class=\"s1\"> As we have just seen, Mr Karpov explained in his own pleadings before the court in London how he supplemented his police salary. He must have deviated from the truth either in the course of the internal inquiry of law enforcement authorities in Moscow or in his pleadings in the libel case in London.<\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">4.<\/span><span class=\"s1\"> Secondly, in a memorandum dated 18 November 2010, Police Colonel E.S. Sibilev, the author of the above-mentioned \u201cconclusions of the internal inquiry\u201d, reported on a visit he had made on the same day to the Interior Ministry\u2019s Investigations Committee. Mr Sibilev indicates that<\/span><\/p>\n<p class=\"p6\"><span class=\"s1\"><i>\u201cKarpov refused to give additional explanations, saying that earlier during the probe he had given detailed explanations. \u2026 According to Karpov\u2019s words, his mother, N.F. Karpova, has refused to appear at DSB of Interior Ministry of Russia to give explanations on the subject matter of the probe, as well as to submit any statements on the subject matter of the application from Firestone\u201d.<\/i><\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">5.<\/span><span class=\"s1\"><i> In other words, both Mr Karpov and his mother refused to co-operate with the officer tasked with carrying out the internal inquiry, and the inquirer just left it at that, for reasons of competence, as stated in the above-mentioned \u201cconclusions of the internal inquiry\u201d: <\/i><\/span><\/p>\n<p class=\"p6\"><span class=\"s1\"><i>\u201cBearing in mind that close relatives of Karpov are not the serving officers of police, ascertaining the state of their income and acquired valuable property is not within the remit of the Department of the Internal Security of the Ministry of Interior of Russia.\u201d<\/i><\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">6.<\/span><span class=\"s1\"><i> This confirms my doubts as to the seriousness of the affirmation made by the representatives of the authorities in Moscow that the allegations of suspicious wealth of Mr Karpov and other officials had been fully investigated and that the assets in question had been acquired lawfully. <\/i><\/span><\/p>\n<p class=\"p5\"><span class=\"s1\"><b>3. Conclusions<\/b><\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">1.<\/span><span class=\"s1\"> The information received following the committee\u2019s invitation does not put into question the findings of the report, to the contrary. The additional medical details received through the OSJI lawyers provide an impressive illustration of Mr Magnitsky\u2019s horrible suffering at the end of his life and the callous behaviour of those directly responsible, none of whom has yet been held to account. The material published in the course of the libel proceedings in London corroborate my suspicion that the sudden enrichment of Mr Karpov and other officials suspected of involvement in the crime denounced by Mr Magnitsky was never properly investigated.<\/span><\/p>\n<p class=\"p5\"><span class=\"s7\">2.<\/span><span class=\"s1\"> My initial conclusion, namely that we are in the presence of a massive cover-up involving senior officials of the competent ministries, the Prosecutor General\u2019s Office, the Investigative Committee and even certain courts finds itself further consolidated. But what are the reasons for this cover-up? This question still remains unanswered. <\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u2014\u2014<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">So: The EU\u2019s \u2018investigation\u2019 into the Magnitsky case pitted <a href=\"https:\/\/www.opensocietyfoundations.org\/about\/programs\/open-society-justice-initiative\"><span class=\"s3\">the Open Society Justice Initiative, which is a program of the Open Society Foundations<\/span><\/a>, which in turn is funded by Browder\u2019s fellow-international-investor George Soros, versus Russia\u2019s Government. The EU\u2019s European Council\u2019s Andreas Gross says that he was thoroughly persuaded by Soros\u2019s outfit\u2019s presentation. So, Gross recommended to the Council sanctions against Russia. And it was done. But then, Karpov tried to sue Browder in London for libel and failed, and Browder\u2019s attempts to launch Russian investigations into Karpov\u2019s finances likewise failed. But all of this distracts from the clear facts that <b>Browder\u2019s Hermitage used a 1961 photo of American tortured Jim Zwerg as showing instead their own (but probably non-existent) recent employee \u2018tortured\u2019 \u201cVictor Poryugin,\u201d and that Browder himself constantly makes blatant misrepresentations about Magnitsky\u2019s key depositions to the Moscow police, on both 5 June and 7 October of 2008. Therefore, key parts of the argument that passed into law the Magnitsky sanctions against Russia were based on fraud \u2014 intentional lying and fabrication of \u2018evidence\u2019.<\/b><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">I looked up <a href=\"https:\/\/www.opensocietyfoundations.org\/litigation\/magnitsky-v-russia\"><span class=\"s2\">\u201cMagnitsky v. Russia\u201d at Open Society Foundations<\/span><\/a> and saw there what looked like Browder\u2019s account, though it wasn\u2019t attributed to him. They had <a href=\"https:\/\/www.opensocietyfoundations.org\/sites\/default\/files\/magnitsky-summary-10182012_0.pdf\"><span class=\"s3\">presented this case to the the European Court of Human Rights \u2014 allegedy on behalf of Magnitsky\u2019s mother<\/span><\/a>, but actually providing exactly the case that Browder had been peddling, for years. But, then, I clicked there onto <a href=\"https:\/\/www.opensocietyfoundations.org\/sites\/default\/files\/PHR-IFP-Forensic-Report_1.pdf\"><span class=\"s2\">\u201cAddendum to PHP\/IFP Forensic Report\u201d<\/span><\/a> and saw the Soros-commissioned autopsy of Magnitsky (Soros\u2019s outfit\u2019s investigatory review of what the Russian medical records showed and documented regarding Magnitsky\u2019s cause of death):<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>\u201cA diagnosis of pancreatitis and gallstones from ultrasound is very specific. Nothing will cause that kind of enlargement except pancreatitis or cancer, which is much less likely. \u2026 Pancreatitis, whether acute or chronic, typically produces severe to excruciating, unrelenting abdominal pain and frequently bouts of vomiting. \u2026 If this condition is left untreated, death can occur. \u2026 Septic shock can result from pancreatitis and\/or peritonitis and may be associated with metabolic derangements. \u2026 This condition is manifested in changes in behavior and mental status. \u2026 The decision by the authorities at Matrosskaya Tishina prison to physically restrain Mr. Magnitsky, keep him in a cell for two hours, while denying standard medical treatment, resulted in his death. \u2026 <\/i><b><i>The diagnosis made by the doctors who examined him on 16 November 2009 that he was suffering from active pancreatitis was correct.<\/i><\/b><i> \u2026 It is not clear why the autopsy does not conclude that he had pancreatitis. \u2026 <\/i><b><i>This failure to perform simple, post-mortem diagnostic tests may be due to error, prosecutor inexperience or incompetence, or an attempt to ccover up the true cause of death [in this case: untreated pancreatitis].\u201d<\/i><\/b><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>\u201cSince the first report, I have received additional photographs of the injuries to Mr. Magnitsky\u2019s wrists taken during the autopsy. They show discrete, patterned injuries on his wrists consistent with the application of handcuffs when Mr. Magnitsky was still alive.\u201d<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><b>Nothing is said there indicating anything that\u2019s even suggestive of Magnitsky\u2019s having been tortured. It\u2019s just not there, at all<\/b> \u2014 and this forensic report had been commissioned by George Soros\u2019s Open Societies Foundations, which is just about as anti-Russian an entity as exists anywhere, like Germany\u2019s Nazis were to Jews (and even, sometimes, they are actively <a href=\"http:\/\/www.washingtonsblog.com\/2015\/02\/ukraine-target-civilians-separatists-targeting-maps-prove.html\"><span class=\"s2\">promoting such treatment of Russians<\/span><\/a>). It\u2019s shocking that Soros\u2019s operation has thus far allowed such extreme contradictory evidence to be presented on their own site. Was this just a blunder by them?<\/span><\/p>\n<p class=\"p3\"><span class=\"s6\"><a href=\"https:\/\/www.opensocietyfoundations.org\/sites\/default\/files\/magnitsky-summary-10182012_0.pdf\">The case that Soros\u2019s people presented to the European Court of Human Rights, mentioned 4 times, that \u201ctorture\u201d had been used against Magnitsky<\/a><\/span><span class=\"s4\">. No evidence was cited for that. Here is how Soros\u2019s people then <i>end<\/i> their document (after having accused \u2018torture\u2019 in it four times):<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>Object of the Application xxv. Mrs Magnitsky seeks a declaration from the Court that her rights and those of her late son have been violated under Article 2, Article 3, Article 5, Article 6, Article 10, and Article 13 of the Convention, and a finding that there must be an independent and impartial investigation into his death that is capable of bringing about the prosecution and punishment of all the relevant perpetrators. Mrs. Magnitskaya will also seek just satisfaction under Article 50 (pecuniary and non-pecuniary damages together with legal costs and expenses) as well as general measures to ensure that Russia does not treat others in the same way that they treated Sergei Magnitsky. <\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><b>Magnitsky died from untreated pancreatitis. No evidence exists that he was actually \u201cbeaten,\u201d much less beaten to death (as Browder\/Soros claim). Who was responsible for the failure to treat, and what the penalty should be for that, are ignored; but the Browder\/Soros line is that Vladimir Putin must be to blame, and this idea is the basis for The West\u2019s economic sanctions. But how could this be so, since even the Browder\/Soros account, at 2.2.1, says that there were \u201cRussian court proceedings against the medical staff prosecuted for negligence\u201d in the treatment of Magnitsky? Obviously, the story-line that Browder\/Soros have peddled to The West is built upon lies. And the Russian case against Browder, and for which Magnitsky was in prison, is being entirely ignored in The West.<\/b><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Nekrasov\u2019s statement that \u201cHe [Magnitsky] went into prison healthy\u201d contradicted what the Russian files had actually said. Perhaps Nekrasov asserted this because his friend Browder had been saying it in order to exaggerate Browder\u2019s entirely false claim that Magnitsky had been \u201ctortured\u201d and \u201cbeaten to death.\u201d Nekrasov had been, at that time, simply assuming that Magnitsky\u2019s bad physical condition after 11 months in pre-trial detention had somehow caused his death there, no health-problem did; especially no chronic health-probelm did. But, even later in the film, Nekrasov fails to note that when he had said this, earlier in the film, it was said only because he had believed Browder\u2019s lies. The viewer is never told that Magnitsky had a severe chronic health-problem. During the film, Nekrasov never subsequently corrects his earlier statement in it, that Magnitsky\u2019s health had been fine prior to his detention. This film is just such a mess.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Who had <i>actually<\/i> financed the \u2018research\u2019 that formed the basis of the lies that the U.S. and EU used in order to restart the Cold War? Was it <i>really<\/i> Browder? Or, was it, perhaps, Soros \u2014 who, by many of his actions, especially since 2000, seems to be an intense hater of (and threat to) Russians? And, why did Soros\u2019s \u2018charity\u2019 spend so much money peddling Browder\u2019s lies? Nekrasov never even wondered. But I very much do.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">At the start, I had promised \u201cBy the time you reach the end here, you will know the truth about the event that sparked \u2018the new Cold War\u2019 \u2014 and not only from this film.\u201d This review has gone beyond the film. But, even further beyond the film are several articles that have been published by the great investigative journalist Lucy Komisar (such as <a href=\"https:\/\/100r.org\/2017\/10\/magnitsky\/\"><span class=\"s3\">here<\/span><\/a> and <a href=\"https:\/\/www.thekomisarscoop.com\/2018\/01\/evidence-the-national-law-journal-doesnt-need-it\/\"><span class=\"s3\">here<\/span><\/a> \u2014 both of which are far superior to Nekrasov\u2019s tedious documentary) and there\u2019s lots more in <a href=\"https:\/\/dxczjjuegupb.cloudfront.net\/wp-content\/uploads\/2017\/08\/TheKillingOfWilliamBrowder_PrintLayout_6x9-1.pdf\"><span class=\"s3\">the banned book by Alex Krainis about the same subject<\/span><\/a>. Komisar\u2019s articles link to a web-page that has both the original Russian version of Magnitsky\u2019s depositions, and also a Western court-verified and approved translation of those crucial documents into English. It is undeniable there that Browder\u2019s case is a total misrepresentation, not only of Magnitsky\u2019s statements, but of just about everything else that\u2019s important in the case. The Cold War was renewed on the basis of Browder\u2019s-Soros\u2019s anti-Russian frauds. Komisar presents the core evidence there.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Here is some information about the U.S. court case that had produced this official U.S. court-authorized English translation of Magnitsky\u2019s depositions \u2014 it\u2019s quoted here from an ongoing work by an American independent researcher:<\/span><\/p>\n<p class=\"p7\"><span class=\"s1\"><b>After two years of fleeing, a judge ordered Browder to give a deposition to Prevezon\u2019s lawyers on 15 April 2015.<\/b><\/span><span class=\"s8\"><b>61<\/b><\/span><span class=\"s1\"><b> <\/b>[Prevezon is the company that Nataliya Veselnitskaya was representing at Trump Tower on 9 June 2016.]<b> Throughout this deposition, Browder (now under oath) contradicted virtually every aspect of his Magnitsky narrative outlined in Chapter 1 and stated \u201cI don\u2019t recall\u201d when pressed about key portions of his narrative that he had previously repeated unabashedly in his testimonies to Congress and interviews with Western media. Browder \u201cremembered nothing\u201d and could not even deny asking Magnitsky to take responsibility for his (Browder\u2019s) crimes. Please refer to Browder deposition (footnote) for more details. Prevezon settled the lawsuit for $5.9 million in May 2017 \u2014 with no admission of guilt. Both sides claimed victory; the competing claims were never adjudicated in a court.<\/b><\/span><\/p>\n<p class=\"p8\"><span class=\"s9\"><b>58 <\/b><\/span><span class=\"s1\"><b>Jason Motlagh. <i>Fighting Putin Doesn\u2019t Make You a Saint <\/i>(The New Republic, 31 December 2015) retrieved from <\/b><a href=\"https:\/\/newrepublic.com\/article\/126760\/fighting-putin-doesnt-make-saint\"><span class=\"s10\"><b>https:\/\/newrepublic.com\/article\/126760\/fighting-putin-doesnt-make-saint<\/b><\/span><\/a><\/span><\/p>\n<p class=\"p8\"><span class=\"s9\"><b>59 <\/b><\/span><span class=\"s1\"><b>Samuel Rubenfeld. <i>Browder Escapes Subpoena Attempt After \u2018Daily Show\u2019 <\/i>(The Wall Street Journal, February 2015) Retrieved from <\/b><a href=\"https:\/\/blogs.wsj.com\/riskandcompliance\/2015\/02\/10\/browder-escapes-subpoena-attempt-after-daily-show-interview\/\"><span class=\"s10\"><b>https:\/\/blogs.wsj.com\/riskandcompliance\/2015\/02\/10\/browder-escapes-subpoena-attempt-after-daily-show-interview\/<\/b><\/span><\/a><\/span><\/p>\n<p class=\"p8\"><span class=\"s9\"><b>60 <\/b><\/span><span class=\"s1\"><b>Casale Associates. <i>Bill Browder served with subpoena in New York <\/i>Retrieved from <\/b><a href=\"https:\/\/www.youtube.com\/watch?v=ryVavTF6hR0\"><span class=\"s10\"><b>https:\/\/www.youtube.com\/watch?v=ryVavTF6hR0<\/b><\/span><\/a><\/span><\/p>\n<p class=\"p8\"><span class=\"s9\"><b>61 <\/b><\/span><span class=\"s1\"><b><i>Videotaped Deposition of William F Browder <\/i>(United States District Court, 15 April 2015) retrieved from <\/b><a href=\"https:\/\/c1.100r.org\/media\/2017\/10\/Browder-Deposition-April-15-2015.pdf\"><span class=\"s10\"><b>https:\/\/c1.100r.org\/media\/2017\/10\/Browder-Deposition-April-15-2015.pdf<\/b><\/span><\/a><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">All of these independent investigations into the actual evidence find the same truth, but find different parts of it \u2014 different parts of what might turn out to be the world-ending period of history (if WW III results). They\u2019re all telling different parts of the same history, the story of Browder\u2019s fraud. The restoration of the Cold War is, very clearly now, based on frauds, which are entirely on the U.S. side against Russia, perpetrated by extremely wealthy Americans, with follow-through by what must be presumed to be extremely corrupt U.S. and EU politicians. <\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u2014\u2014<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Though the Magnitsky law has started it, other fraud-based atrocities by the U.S. Government have since intensified it.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">The renewed \u2018Cold War\u2019 became greatly escalated after <a href=\"https:\/\/off-guardian.org\/2017\/03\/24\/what-americas-coup-in-ukraine-did\/\"><span class=\"s3\">the February 2014 \u201cMaidan\u201d brutal<\/span><\/a> U.S. <a href=\"http:\/\/rinf.com\/alt-news\/editorials\/head-stratfor-private-cia-says-overthrow-yanukovych-blatant-coup-history\/\"><span class=\"s3\">coup d\u2019etat<\/span><\/a> in Ukraine overthrew that country\u2019s democratically elected President and installed there a U.S.-allied regime run by <a href=\"http:\/\/rinf.com\/alt-news\/editorials\/obamas-ukrainian-stooges\/\"><span class=\"s3\">rabidly anti-Russian racist fascists, ideological nazis, as a consequence of which coup, two areas of Ukraine \u2014 Crimea and Donbass \u2014 which had voted over 75% for the overthrown President, broke away from Ukraine<\/span><\/a>, and the U.S. regime then imposed steeply increased economic sanctions against Russia, for Russia\u2019s entirely legal and defensive responses against that <a href=\"https:\/\/gpforecasts.wordpress.com\/2014\/02\/28\/yanukovychs-removal-was-unconstitutional\/\"><span class=\"s3\">illegal<\/span><\/a> American conquest on Russia\u2019s very doorstep \u2014 America\u2019s <a href=\"https:\/\/www.youtube.com\/watch?v=fWkfpGCAAuw\"><span class=\"s3\">bloody<\/span><\/a> \u2018bringing democracy to Ukraine\u2019, by replacing its democratically elected government, with a <a href=\"http:\/\/www.washingtonsblog.com\/2015\/05\/nazism-of-ukraines-western-backed-government-is-hidden-by-western-news-media.html\"><span class=\"s3\">nazi<\/span><\/a> U.S.-allied one, right on Russia\u2019s very border. But the Ukraine-based sanctions were built upon the Magnitsky-based ones. Also, the U.S. has invaded and occupies parts of the sovereign nation of Syria, which is an ally of Russia, and Russia is helping (at the Syrian Government\u2019s request) the Syrian Government\u2019s defense against the American invaders\/occupiers, who <a href=\"https:\/\/www.sott.net\/article\/343169-Russia-now-runs-the-peace-process-to-end-Syrias-War\"><span class=\"s3\">rely upon Al Qaeda in Syria to train and lead America\u2019s proxy boots-on-the-ground to overthrow the Assad-led pro-Russian Government<\/span><\/a>; so, WW III could very quickly become a hot war there, too. Thus, on many fronts now, the U.S. Government is rapidly escalating its provocations against Russia. In this respect, too, <a href=\"https:\/\/www.globalresearch.ca\/trump-continues-obamas-support-of-nazism-u-s-votes-against-un-resolution-condemning-nazism\/5619246\"><span class=\"s3\">the U.S. has taken up the German Nazi mantle<\/span><\/a>. So: even with its many deficiencies, Nekrasov\u2019s documentary investigation, into the source of the Magnitsky Act, and into the resulting sanctions, could turn out to be of enormous historical importance, though there might be only very few years remaining of human history.<\/span><\/p>\n<p class=\"p1\"><span class=\"s3\"><a href=\"https:\/\/c4.100r.org\/media\/2017\/10\/Magnitsky-Testimonies-Oct-2006-June-2008-Oct-2008.pdf\">Here are the key documents in the Magnitsky case<\/a><\/span><span class=\"s1\">, the Russian-language documents <i>accompanied by<\/i> the Western court-verified translations into English, of Magnitsky\u2019s depositions. This is what Lucy Komisar\u2019s articles about the case link to. On <a href=\"http:\/\/russian-untouchables.com\/eng\/testimonies\/#D64\"><span class=\"s3\">Bill Browder\u2019s website, only the Russian-language originals are shown of these most-crucial documents<\/span><\/a>, except for the following two English summaries of them, each of which summary baldly contradicts the original document, as is clear from comparison of the court-verified English translation of the complete Russian document, versus the Browder(Soros)-fantasized alleged \u2018summary\u2019 of the given document (which you can see at the link Komisar provided, <a href=\"https:\/\/c4.100r.org\/media\/2017\/10\/Magnitsky-Testimonies-Oct-2006-June-2008-Oct-2008.pdf\"><span class=\"s3\">https:\/\/c4.100r.org\/media\/2017\/10\/Magnitsky-Testimonies-Oct-2006-June-2008-Oct-2008.pdf<\/span><\/a>:<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>5 June 2008.\u00a0Sergei Magnitsky\u2019s testimony<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>Transcript of testimony by Sergei Magnitsky given to investigator Gordievsky of the Russian prosecutor\u2019s office in which Sergei stated that he had discovered evidence of theft of Hermitage Fund companies (Rilend, Makhaon and Parfenion) and violations of the law by officers Artem Kuznetsov and Pavel Karpov. Sergei had not discovered the theft from the budget yet.<\/i><\/span><\/p>\n<p class=\"p3\"><span class=\"s6\"><a href=\"http:\/\/russian-untouchables.com\/eng\/testimonies\/#D65\">and<\/a><\/span><span class=\"s4\">,<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>7 October 2008.\u00a0Sergei Magnitsky\u2019s testimony\u00a0<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\"><i>Transcript of Sergei Magnitsky\u2019s statement to investigator Gordievsky of the Russian General prosecutor\u2019s office in which Sergei confirmed his testimony from 5 June 2008 about his discovery of crime against Hermitage Fund and the involvement in this crime of Artem Kuznetsov and Pavel Karpov. In addition, he mentioned the names of other participants of the crime involved\u00a0in the theft of budget funds. A month after his testimony, Sergei Magnitsky was arrested by Artem Kuznetsov\u2019s subordinates\u00a0on the basis of fake documents making him a suspect in a case that didn\u2019t concern Sergei and which was illegally reopened by Pavel Karpov and Kuznetsov\u2019s subordinates after the statute of limitations had expired.<\/i><\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Browder (or was it Soros?) had been (and still are) presenting entirely fraudulent English-\u2018translation\u2019 \u2018summaries\u2019 of those Russian-language documents. That\u2019s how bold and clear Browder\u2019s fraud is. And, yet, the world might end as a result of what he (with Soros\u2019s help) so successfully started.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">Incidentally, <a href=\"http:\/\/www.unz.com\/ishamir\/the-good-fortune-of-mr-browder\/\"><span class=\"s3\">the last 700 words of this 2,700-word article by Israel Shamir<\/span><\/a>, whom <a href=\"https:\/\/en.wikipedia.org\/wiki\/Israel_Shamir\"><span class=\"s3\">some call an \u201canti-Semite,\u201d<\/span><\/a> provide an alleged summary of Browder\u2019s contacts in the American power-structure; and, if the allegations there are true (which I think should be investigated), then this also provides a picture of some of the key individuals who are working toward provoking WW III. Perhaps those named individuals (and Browder himself, and Soros himself) are major stockholders in (or otherwise placing bets on) manufacturers of nuclear weapons systems, a field of commerce that blossoms in The West when public hatred of Russia does \u2014 such as is now the case. An investment scam \u2014 involving weapons-manufacturers, newsmedia, and politicians \u2014 could be driving this. The relevant questions should be investigated, no longer ignored (as they still are). Though Browder\u2019s frauds are, by now, clear, they could be just details within a much wider picture; and, in any case, the wider picture, within which Browder was able to control both the U.S. Government and the EU on this crucial matter, desperately needs to become truthfully viewed and understood \u2014 no longer simply ignored. If a global power is to become overthrown, then doing it by means of exposing truth would be vastly better than doing it by means of escalating until ultimately launching the strategic weapons of the U.S. and Russia against each other.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u2018Justice\u2019, in The West (which claims to epitomize it), is a farce, really a travesty, in fact. That\u2019s amply clear. Any longer to call these nations \u2018democracies\u2019 is to insult democracy.<\/span><\/p>\n<p class=\"p1\"><span class=\"s1\">\u2014\u2014\u2014\u2014\u2014<\/span><\/p>\n<p class=\"p9\"><span class=\"s11\">Investigative historian Eric Zuesse is the author, most recently, of\u00a0 <a href=\"http:\/\/www.amazon.com\/Theyre-Not-Even-Close-Democratic\/dp\/1880026090\/ref=sr_1_9?ie=UTF8&amp;qid=1339027537&amp;sr=8-9\"><span class=\"s12\"><i>They\u2019re Not Even Close: The Democratic vs. Republican Economic Records, 1910-2010<\/i><\/span><\/a><i>,<\/i> and of<\/span><span class=\"s13\"> <i>\u00a0<\/i><a href=\"http:\/\/www.amazon.com\/dp\/B007Q1H4EG\"><span class=\"s12\"><i>CHRIST\u2019S VENTRILOQUISTS: The Event that Created Christianity<\/i><\/span><\/a><\/span><span class=\"s11\">.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Eric Zuesse We are now getting closer and closer to what, quite possibly, could turn out to be a war between U.S. and Russia \u2014 a world-ending World War III \u2014 and, therefore, I, as an investigative historian, am trying to understand, as accurately as I can, the historical origins of this potentially world-ending conflict, [&hellip;]<\/p>\n","protected":false},"author":1254,"featured_media":355708,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[461,519],"tags":[115,30,32,96,535,1037,524,523,36,40,1024],"class_list":{"0":"post-355698","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-editorials","8":"category-newswire","9":"tag-barack-obama","10":"tag-big-brother","11":"tag-cia","12":"tag-cover-up","13":"tag-global-news","14":"tag-interview","15":"tag-russia","16":"tag-ukraine","17":"tag-video","18":"tag-white-house","19":"tag-ww3"},"_links":{"self":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/posts\/355698","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/users\/1254"}],"replies":[{"embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/comments?post=355698"}],"version-history":[{"count":1,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/posts\/355698\/revisions"}],"predecessor-version":[{"id":385718,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/posts\/355698\/revisions\/385718"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/media\/355708"}],"wp:attachment":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/media?parent=355698"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/categories?post=355698"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/tags?post=355698"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}