Magnitsky in 2006
Sergei Leonidovich Magnitsky
8 April 1972
|Died||16 November 2009 (aged 37)|
Matrosskaya Tishina Prison, Moscow, Russia
|Known for||Magnitsky Act|
Sergei Leonidovich Magnitsky (Russian: Серге́й Леони́дович Магни́тский; 8 April 1972 – 16 November 2009) was a Russian tax advisor. His arrest in 2008 and subsequent death after eleven months in police custody generated international media attention and triggered both official and unofficial inquiries into allegations of fraud, theft and human rights violations in Russia.
Magnitsky alleged there had been large-scale theft from the Russian state, sanctioned and carried out by Russian officials. He was arrested and eventually died in prison seven days before the expiration of the one-year term during which he could be legally held without trial. In total, Magnitsky served 358 days in Moscow's Butyrka prison. He developed gall stones, pancreatitis, and a blocked gall bladder, and received inadequate medical care. A human rights council set up by the Kremlin found that he had been physically assaulted shortly before his death. His case has become an international cause célèbre.
The United States Congress and President Barack Obama enacted the Magnitsky Act at the end of 2012, barring those Russian officials believed to be involved in Magnitsky's death from entering the United States or using its banking system. In response, Russia condemned the Act and claimed Magnitsky was guilty of crimes.
Over the years of its operation Hermitage had, on a number of occasions, supplied to the press information related to corporate and governmental misconduct and corruption within state-owned Russian enterprises. Hermitage's company co-founder, American Bill Browder, was expelled from Russia in 2005 as a national threat. Browder has said that he represented a threat only "to corrupt politicians and bureaucrats" in Russia, and believed that the ouster was conducted in order to leave his company open for exploitation. In November 2005, Browder had arrived in Moscow to be told his visa had been annulled. He was deported the next day and has not seen his Moscow home since.
On 4 June 2007, Hermitage's Moscow office was raided by about 20 Ministry of Interior officers. The offices of Firestone Duncan were also raided. The officers had a search warrant alleging that Kamaya, a company administered by Hermitage, had underpaid its taxes. This was highly irregular, as the Russian tax authorities had just confirmed in writing that this company had overpaid its tax. In both cases, the search warrants permitted the seizure of materials related only to Kamaya. But, in both cases the officers illegally seized all the corporate, tax documents and seals for any company that had paid a large amount of Russian taxes, including documents and seals for many of Hermitage's Russian companies. In October 2007, Browder received word that one of the firms maintained in Moscow had a judgment against it for an alleged unpaid debt of hundreds of millions of dollars. According to Browder, this was the first he had heard of this court case and he did not know the lawyers who represented his company in court. Magnitsky was assigned to investigate the case.
Exposing the scandal
In his investigation, auditor Magnitsky came to believe that the police had given the materials taken during the police raids to organized criminals, who used them to take over three of Hermitage's Russian companies and who fraudulently reclaimed $230m (£140m) of the taxes previously paid by Hermitage. He also claimed police had accused Hermitage of tax evasion solely to justify the police raids, so they could take the materials needed to hijack the Hermitage companies and effect the tax refund fraud. Magnitsky's testimony implicated police, the judiciary, tax officials, bankers, and the Russian mafia. In spite of the initial dismissal of his claims, Magnitsky's core allegation that Hermitage had not committed fraud—but had been victimized by it—was eventually validated. A sawmill foreman pleaded guilty in the matter to "fraud by prior collusion", though the foreman would maintain that police were not part of the plan. Before then, however, Magnitsky became the subject of investigation by one of the policemen against whom he had testified as involved in the fraud. According to Browder, Magnitsky was "the 'go-to guy' in Moscow on courts, taxes, fines, anything to do with civil law."
According to Magnitsky's investigation, the documents that had been taken by the Russian police in June 2007 were used to forge a change in ownership of Hermitage. The thieves used the forged contracts to claim Hermitage owed $1 billion to shell companies. Unbeknownst to Hermitage, those claims were later authenticated by judges. In every instance, lawyers hired by the thieves to represent Hermitage (unbeknownst to Hermitage) pleaded guilty on the company's behalf and agreed to the claims, thereby obtaining judgments for debts that did not exist; all while Hermitage officials were unaware of these court proceedings.
The new owner, based in Tatarstan, turned out to be Viktor Markelov, a convicted murderer released two years into his sentence. The company's fake debt was used to make the companies look unprofitable in order to justify a refund of $230 million in tax that the companies had paid when they had been under Hermitage's control. The refund was issued Christmas Eve of 2007. It was the largest tax rebate in Russian history.
Hermitage contacted the Russian government with the findings of its investigation. The money, which was not Hermitage's, belonged to the Russian people. Rather than opening a case against the police and the thieves, the Russian authorities opened a criminal case against Magnitsky.
Custody and death
Magnitsky was arrested and imprisoned at the Butyrka prison in Moscow in November 2008 after being accused of colluding with Hermitage. Held for 11 months without trial, he was, as reported by The Telegraph, "denied visits from his family" and "forced into increasingly squalid cells." He developed gall stones, pancreatitis and calculous cholecystitis, for which he was given inadequate medical treatment during his incarceration. Surgery was ordered in June, but never performed; detention center chief Ivan P. Prokopenko later said that he "...did not consider Magnitsky sick... Prisoners often try to pass themselves off as sick, in order to get better conditions."
On 16 November 2009, eight days before he would have had to be released if he were not brought to trial, Magnitsky died. Prison officials at first attributed his death to a "rupture to the abdominal membrane" and later to a heart attack. Reporters learned that Magnitsky had complained of worsening stomach pain for five days prior to his death and that by the 15th, he was vomiting every three hours, and had a visibly swollen stomach. On the day of his death, the prison physician, believing Magnitsky had a chronic disease, sent him by ambulance to and later transferred him to Matrosskaya Tishina prison's medical unit, which was equipped to help him. But the surgeon there—who described Magnitsky as "agitated, trying to hide behind a bag and saying people were trying to kill him"—prescribed only a painkiller, and left him to receive a psychiatric evaluation. Magnitsky was found dead in his cell a little over two hours later.
According to Ludmila Alekseeva, leader of the Moscow Helsinki Group, Magnitsky had died from being beaten and tortured by several officers of the Russian Ministry of Interior. The official death certificate stated "closed cerebral cranial injury" as the cause of death (in addition to the other conditions mentioned above), and the post-mortem examination showed numerous bruises and wounds on Magnitsky's legs and hands. Another post-mortem from 2011 summarized the death as being caused by "traumatic application of the blunt hard object (objects)" as confirmed by "abrasions, ecchymomas, blood effusions into the soft tissues".
Journalist Owen Matthews described Magnitsky's suffering in Moscow's Butyrka prison:
According to [Magnitsky's] heartbreaking prison diary, investigators repeatedly tried to persuade him to give testimony against Hermitage and drop the accusations against the police and tax authorities. When Magnitsky refused, he was moved to more and more horrible sections of the prison, and ultimately denied the medical treatment which could have saved his life.
Aftermath and official investigations
According to Russian news agency RIA Novosti, Magnitsky's death "caused public outrage and sparked discussion of the need to improve prison healthcare and to reduce the number of inmates awaiting trial in detention prisons."
An independent investigatory body, the Moscow Public Oversight Commission, indicated in December 2009 that "psychological and physical pressure was exerted upon" Magnitsky. One of the Commissioners said that while she had first believed his death was due to medical negligence, she had developed "the frightening feeling that it was not negligence but that it was, to some extent, as terrible as it is to say, a premeditated murder."
An official investigation was ordered in November 2009 by Russian president Dmitry Medvedev. Russian authorities had not concluded their own investigation as of December 2009, but 20 senior prison officials had already been fired as a result of the case. In December 2009, in two separate decrees, Medvedev fired Alexander Piskunov, deputy head of the Federal Penitentiary Service, and signed a law forbidding the jailing of individuals who are suspected of tax crimes. Magnitsky's death is also believed to be linked to the firing of Major-General Anatoli Mikhalkin, formerly the head of the Moscow division of the tax crimes department of the Interior Ministry. Mikhalkin was among those accused by Magnitsky of taking part in fraud.
|Wikinews has related news: Russian police to 'check' officer allegedly involved in large theft and murder|
Opalesque TV released a video on 8 February 2010, in which Hermitage Capital Management founder Bill Browder revealed details of Sergei Magnitsky's ordeal during his 11 months in detention. On 25 June 2010 radio-station Echo of Moscow announced that Russian Ministry of Internal Affairs Department for Own Security started investigations against Lieutenant Colonel Artyom Kuznetsov, who has been accused of improper imprisonment of Magnitsky. The investigation was in response to appeal by the Hermitage Capital Management and United States Secretary of State Hillary Clinton. In February 2011, the investigation, which had not yet identified any suspects, was extended to May.
In November 2010, Magnitsky was given a posthumous award from Transparency International for integrity. Magnitsky, according to the awards committee, "believed in the rule of law and died for his belief." A film produced to highlight Magnitsky's persecution has been shown to the American Congress and British, Canadian, German, Polish, and the European parliaments.
In July 2011, Russia's Investigate Committee initially acknowledged that Magnitsky died because prison authorities restricted medical care for him. Russian authorities also opened criminal cases against the two doctors who treated him; Dr. Dmitri Kratov, the chief medical officer at Butyrskaya Prison, and Dr. Larisa Litvinova who managed Magnitsky's treatment towards the end. Dr. Kratov was demoted soon after Magnitsky's death and was charged with involuntary manslaughter from negligence and is facing five years in prison. Dr. Litvinova may receive up to three years in prison if convicted of causing death through professional negligence. An independent prison watchdog commission reported that the prison doctors were pressured by investigators to deny treatment, and Dr. Litvinova disclosed to the Public Oversight Commission that she was trying to get approval for Magnitsky's treatment. However, investigators looking into the death of Magnitsky cleared Oleg F. Silchenko, who oversaw the investigation of Magnitsky, of any wrongdoing. Charges of professional negligence against Dr. Litvinova were dropped due to statute of limitations issues. On 23 December 2012, as the trial neared its end, the prosecutor conducting the trial against Dr. Kratov suddenly reversed course and sought acquittal, citing no direct connection between Kratov's actions and Magnitsky's death. On 28 December 2012, a Tverskoy court found Kratov not guilty of negligence causing Magnitsky's death, thus complying with the prosecution's request.
In 2012 Pavel Karpov, former Russian Interior Ministry officer accused by Magnitsky and Browder of being the main beneficiary of the tax fraud, filed a libel suit in London. Karpov lost the case and was ordered to pay over £800,000 to Hermitage Capital Management. In 2016 Karpov was additionally sentenced to three months in prison for "contempt of court" for non-payment of costs of the libel action. Over £660,000 of that amount remains unpaid.
In February 2012, the Russian police announced their intention to resubmit charges of tax evasion against Magnitsky for a second[clarification needed] trial. As pointed out in the press, this was the first posthumous trial in Russia. William F. Browder, who lives in London, was a co-defendant tried in absentia. On 11 July 2013, a court in Moscow found Magnitsky guilty of tax evasion in the posthumous trial. The court also found Magnitsky's onetime client, the US-born British investor William Browder, guilty of evading some $17 million in taxes.
In 2012, the Organized Crime and Corruption Reporting Project, a Sarajevo-based network of investigative centers, successfully traced some of the missing Russian funds to a company owned by Denis Katsyv, the son of Pyotr Katsyv. The money had been invested into a real estate firm that was buying luxury Wall Street apartments in New York City. The U.S. Department of Justice filed a seizure order to recover the apartments in September 2013.
In 2013, the International Consortium of Investigative Journalists (ICIJ), a Washington, D.C.-based nonprofit news organization, obtained records of companies and trusts created by two offshore companies. These included information on at least 23 companies linked to an alleged $230 million tax fraud in Russia, a case that was being investigated by Sergei Magnitsky. The ICIJ investigation also revealed that the husband of one of the Russian tax officials deposited millions in a Swiss bank account set up by one of the offshore companies.
In 2016 a large criminal investigation was completed in Russia where a number of public officers from tax, security, and customs agencies were involved in large scale VAT carousel fraud schemes, very similar to the one that was used in the fraud against Hermitage Capital, and with the same high-ranking officers providing krysha (Russian: Крыша, "protection") in both cases. A few low-ranking officers were convicted in the case, but no mid- or high-ranking officers were even indicted, despite total losses to the budget exceeding 20 billion rubles. Since worsening of relations with the European Union after 2014, the version officially promoted in Russia is that Bill Browder's Hermitage Capital was responsible for tax fraud and that Magnitsky died as result of his conspiracy involving Alexey Navalny, which was highlighted in a 2016 "investigative" film by Andrei Nekrasov. Both Magnitsky's wife and mother, whose manipulated citations were used in the film, wrote a protest letter criticizing the film for bias and manipulations.
On 21 March 2017, the Magnitsky family's lawyer, Nikolai Gorokhov fell, or was thrown, from the 4th floor of his apartment building in Moscow. Seriously injured, he was taken to hospital by helicopter.
Increasing international reactions
In late 2010, international attention to the matter intensified, with the European Parliament calling for 60 officials believed to be connected to Magnitsky's death to be banned from entering the European Union, and the Parliament of Canada resolving to deny visas to and freeze the Canadian assets of allegedly involved officials. The EU Parliament also urged members to freeze assets of officials, while similar measures were under consideration in the United States. In October 2010, US Senator John McCain co-sponsored the Justice for Sergei Magnitsky Act, which would forbid entry to the US to 60 individuals named in court documents related to the Magnitsky case. McCain said the law would help to "identify those responsible for the death of this Russian patriot, to make their names famous for the whole world to know, and then to hold them accountable for their crimes." The law is considered analogous to the Foreign Corrupt Practices Act of 1977 in the precedent it hopes to create. In July 2011, the US stated that dozens of Russian officials were barred from entering the United States due to their involvement in the death of Magnitsky.
The Russian Foreign Ministry described the Canadian resolution as "an attempt to pressure the investigators and interfere in the internal affairs of another state", while in a November statement the head of the lower house's international committee Konstantin Kosachyov criticized the European Parliament's conclusions, indicating that sanctions violated the "presumption of innocence" principle and should await the resolution of the Russian court. Bloomberg reported in December that, according to an Interfax story, "identical measures" would be taken by Russia if a European Union ban was put into place. In mid-December, the European Parliament passed the resolution allowing the officials to be banned by member states and their assets to be seized.
In December 2012, the United States passed a law called "Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012" which, among other things, authorized the president to sanction people responsible for violations of human rights in Russia.
In December 2012, the Russian parliament passed a bill which was widely regarded by mass media, including Russia's media, as retaliation for the Magnitsky bill. Russia's bill signed into law by Putin on 28 December 2012, banned, among other things, Americans from adopting Russian children.
In the 2013 meetings of the World Economic Forum, the issue surfaced at the highest level, with Reuters reporting that before Medvedev gave his opening speech, some 78 percent of respondents voting in an audience packed with hundreds of Western executives and politicians agreed that Russia's biggest problem was weak government and corporate governance.
On 1 October 2015, Sergei Magnitsky was posthumously awarded 'Honourable Mention' at the Allard Prize for International Integrity ceremony. The Magnitsky family attended the ceremony and responded, "Sergei would have been so proud and humbled by this nomination. He always strived to live his life in the best possible way, with honesty and integrity. Six years after his untimely and heartbreaking death, it is awards such as this that keep Sergei's memory alive. Being nominated for the Allard Prize gives his whole family a huge sense of pride and once again asserts that his life was not sacrificed in vain. Our whole family is immensely grateful for the attention this award will give to the global Magnitsky justice campaign which emerged from our tragedy."
- "How Bill Browder Became Russia's Most Wanted Man". The New Yorker. 13 August 2018. Retrieved 5 May 2019.
- "Russia 'is now a criminal state', says Bill Browder". BBC. 23 November 2009. Retrieved 27 December 2009.
- Browder, Bill (2015). Red Notice: How I Became Putin's No. 1 Enemy. Transworld Digital. ISBN 978-0593072950.
- Nicola Lombardozzi (20 November 2014). "I quaderni del carcere di chi sfidò lo zar Putin". la Repubblica (in Italian). p. 53.
- Aldrick, Philip (19 November 2009). "Russia refuses autopsy for anti-corruption lawyer". The Daily Telegraph. London. Retrieved 27 December 2009.
- Kathy Lally (20 January 2011). "UN-appointed Human Rights Experts to Probe Death of Russian Lawyer Magnitsky". The Washington Post. Retrieved 27 February 2011.
- Walker, Shaun (19 March 2013). "Russia drops inquiry into death of Sergei Magnitsky". Moscow. Retrieved 5 April 2013.
- "Dying in Agony: His Reward for Solving a $230 Million Fraud". The Sunday Times. 14 November 2010.
- Higham, Scott; Hudson, Michael; Guevara, Marina Walker (6 April 2013). "Piercing the secrecy of offshore tax havens". Washington Post.
- "A Magnitsky law for Europe". The Financial Times. 3 January 2013. Retrieved 5 January 2013. p. 8.
- "FDS Law: Home". Archived from the original on 15 May 2017.
- Levy, Clifford J. (24 July 2008). "An Investment Gets Trapped in Kremlin's Vise". New York Times. Retrieved 22 January 2010.
- Margarette Driscoll (14 November 2010). "Dying in agony: his reward for solving a $230 million fraud". The Sunday Times. Retrieved 28 February 2011.
- Aldrick, Philip (21 January 2011). "Who was Sergei Magnitsky?". The Telegraph.
- Barry, Ellen (28 December 2009). "Scathing Report Issued on Russian Lawyer's Death". The New York Times. Retrieved 23 January 2010.
- Milmo, Cahal (14 January 2014). "Sergei Magnitsky - the final insult: Russia continues to 'desecrate the memory' of the whistleblower lawyer". The Independent. Retrieved 30 November 2015.
- "Letter from Alekseeva to Russian Prosecutor's Office", Russian - Untouchables
- "Lies of Nekrasov-Piraya anti-Magnitsky "Documentary"" (PDF).
- Owen Matthews (9 January 2010). "There's something rotten in the state of Russia". The Spectator.
- "RIA Novosti's choice: the ten major political events of 2009". RIA Novosti. 2 January 2010. Retrieved 23 January 2010.
- Aldrick, Philip (28 December 2009). "Sergei Magnitsky: independent investigation into death of lawyer slams Russia". Telegraph. London.
- "Medvedev orders investigation of Magnitsky jail death". BBC. 24 November 2009. Retrieved 27 December 2009.
- "Russia Bans Jailing of Tax Offenders Following Lawyer's Death". Wall Street Journal. 29 December 2009. Retrieved 23 January 2010.
- Mortished, Carl (16 December 2009). "Kremlin sacking linked to Sergei Magnitsky case". The Times. London. Retrieved 23 January 2010.
- "Opalesque BACKSTAGE Video - Bill Browder: Sergey Magnitsky case reveals Russia's ugliest face". 8 February 2010. Retrieved 8 February 2010.
- "Департамент собственной безопасности МВД проводит проверку в отношении подполковника милиции Артема Кузнецова, который отдал приказ об аресте юриста Сергея Магницкого". Echo of Moscow. 25 June 2010.
- "Russian Investigation into Magnitsky's Death Extended to Mid-May". RIA Novosti. 10 February 2011. Retrieved 22 February 2011.
- Barry, Ellen (4 July 2011). "Poor Medical Care Led to Lawyer Magnitsky's Death, Russia Admits". The New York Times.
- Barry, Ellen (18 July 2011). "Prison Doctors Charged in Russian Lawyer Magnitsky's Death". The New York Times.
- Michael Schwirtz (8 April 2012). "In Russia, Charges Are Dropped in Jail Death". The New York Times. Retrieved 25 December 2012.
- David M. Herszenhorn (24 December 2012). "Russian Prosecutor Seeks Acquittal in Lawyer's Death". The New York Times. Retrieved 25 December 2012.
- "OFFICIAL ACQUITTED IN MAGNITSKY'S JAIL DEATH CASE". AP. Retrieved 28 December 2012.
- Суд оправдал единственного обвиняемого в смерти Магнитского NEWSru, 28 December 2012.
- "Law and Order in Russia". lawandorderinrussia.org. Retrieved 5 September 2016.
- KRAMER, Andrew (7 February 2012). "Russia Plans to Retry Dead Lawyer in Tax Case". New York Times. Retrieved 31 May 2012.
- "DEAD RUSSIAN LAWYER MAGNITSKY FOUND GUILTY". AP. Retrieved 11 July 2013.
- "Following the Magnitsky Money". The Organized Crime and Corruption Reporting Project . 5 August 2012. Retrieved 5 August 2012.
- "US Authorities Look to Seize Magnitsky Linked Assets". The Organized Crime and Corruption Reporting Project . 11 September 2013. Retrieved 15 September 2013.
- "Наперсники отката". Новая Газета. Retrieved 19 March 2016.
- Orlova, Karina (14 June 2016). "Russia's Big Lie". The American Interest. Retrieved 15 June 2016.
- "Magnitsky lawyer injured after 'falling' from building near Moscow". BBC News. 21 March 2017. Retrieved 21 March 2017.
- "Russia condemns Canadian sanctions over Magnitsky case". RIA Novosti. 9 December 2010. Retrieved 16 December 2010.
- Charlton, Angela (16 December 2010). "EU backs freeze on Russian assets for prison death". The Washington Post. Retrieved 16 December 2010.
- Meyer, Henry; Jonathan Stearns (16 December 2010). "EU Parliament Urges Visa Ban Over Russia Lawyer Death". Bloomberg. Retrieved 16 December 2010.
- Matthews, Owen (25 October 2010). "Breaking the Law; Why Russia fetes its criminals". Newsweek. Retrieved 27 February 2011.
- Matthews, Owen (4 December 2010). "Crackdown on Kleptocrats". The Spectator.
- Kramer, Andrew E. (26 July 2011). "U.S. Bars Russian Officials Linked to 2009 Magnitsky Death". The New York Times.
- Lally, Kathy (15 December 2010). "Legal proceedings test whether Russia will move closer to West". Washington Post. Retrieved 16 December 2010.
- "Russian lawmaker lambastes European Parliament". RIA Novosta. 23 November 2010. Retrieved 16 December 2010.
- Osborn, Andrew (16 December 2010). "Sergei MagnitskyL European Parliament Recommends Tough Sanctions on Russian Officials". The Telegraph. London. Retrieved 22 February 2011.
- Aldrick, Philip (21 January 2011). "UN Opens Investigation into Magnitsky's Torture Claims". The Telegraph. London. Retrieved 22 February 2011.
- "Statement by the Press Secretary on H.R. 6156". Obama White House Archives. 14 December 2012. Archived from the original on 16 July 2017. Retrieved 6 May 2017.
- "Ballets Russes". The Economist. 15 December 2012. Retrieved 5 January 2013.
- Kramer, Andrew E. (25 April 2013). "Russia Using Adoption Leverage in Ireland". The New York Times. Retrieved 26 April 2013.
- Lyakhov, Korotun, Alexei, Lada. "Russian-senators back Dima Yakovlev bill". Voice of Russia. Retrieved 28 December 2012.
- Об ответе на «акт Магнитского» Kommersant, 20 December 2012.
- Heintz, Jim (28 December 2012). "Putin signs anti-US adoptions bill". Associated Press.
- "Russian tycoons concerned as Magnitsky fallout spreads". Reuters. 25 January 2013.
- "Sergei Magnitsky: Allard Prize Finalist". Allard Prize for International Integrity. Retrieved 3 April 2016.
- Stop the Untouchables. Justice for Sergei Magnitsky web site
- Investigation of Sergei Magnitsky death by the Council to the President of Russia ‹See Tfd›(in Russian)
- " Justice is put to the sword by Moscow’s greed and corruption" by Boris Johnson, mayor of London