Since the 2016 presidential election, we’ve seen the rise of a new McCarthyism, fueled by former and current US government officials, and boosted by media outlets (Russia rigged the 2016 election! Russia hacked the power grid! Russia created Black Lives Matter and the NoDAPL protests!) However, the groundwork for this campaign was laid in 2012, by an oft-referenced but little understood bill called the Magnitsky Act.
The true story of the Magnitsky Act is one of the financial crimes, international power politics, and score-settling cloaked in concern for human rights. Russian director and filmmaker Andrei Nekrasov is here to tell us this story.
You can watch his film: Behind the Magnitsky Act here:
Magnitsky Act, Bill Browder & Corporate Censorship
Big monopolies like Youtube, Vimeo, Twitter, and Facebook seem to have power over citizens by deciding who to platform and who not to platform. The first amendment applies only to state actors, therefore these corporations are exempt. However, with these near-monopolistic powers do we need to change the laws?
Next week, we will be interviewing Andre Nekrasov, the director of the film Magnitsky Act, Behind the Scenes. Unfortunately, thanks to the long-arm and infinite wealth of Mr. Bill Browder, this movie will not be available on Youtube, Vimeo or any movie theatre in America.
I have included a threat letter Mr. Browder has sent to Vimeo where he accused the filmmakers of defamation. Without any hearing, without any recourse, this film was removed from Vimeo.
Frankly, it’s a disgrace that Trump administration officials and American business tycoons enabled and applauded M.B.S. as he
- imprisoned business executives,
- kidnapped Lebanon’s prime minister,
- rashly created a crisis with Qatar, and
- went to war in Yemen to create what the United Nations calls the world’s worst humanitarian crisis there.
Some eight million Yemenis on the edge of starvation there don’t share this bizarre view that M.B.S. is a magnificent reformer.
.. Trump has expressed “great confidence” in M.B.S. and said that he and King Salman “know exactly what they are doing.” Jared Kushner wooed M.B.S. and built a close relationship with him — communicating privately without involving State Department experts — in ways that certainly assisted M.B.S. in his bid to consolidate power for himself.
The bipartisan cheers from Washington, Silicon Valley and Wall Street fed his recklessness. If he could be feted after kidnapping a Lebanese prime minister and slaughtering Yemeni children, why expect a fuss for murdering a mere journalist?
.. M.B.S. knows how to push Americans’ buttons, speaking about reform and playing us like a fiddle. His willingness to sound accepting of Israel may also be one reason Trump and so many Americans were willing to embrace M.B.S. even as he was out of control at home.
In the end, M.B.S. played Kushner, Trump and his other American acolytes for suckers. The White House boasted about $110 billion in arms sales, but nothing close to that came through. Saudi Arabia backed away from Trump’s Middle East peace deal. Financiers salivated over an initial public offering for Aramco, the state-owned oil company, but that keeps getting delayed.
.. The crackdown on corruption is an example of M.B.S.’s manipulation and hypocrisy. It sounded great, but M.B.S. himself has purchased a $300 million castle in France, and a $500 million yacht — and he didn’t buy them by scrimping on his government salary.
.. In fairness, he did allow women to drive. But he also imprisoned the women’s rights activists who had been campaigning for the right to drive.
Saudi Arabia even orchestrated the detention abroad of a women’s rights activist, Loujain al-Hathloul, and her return in handcuffs. She turned 29 in a Saudi jail cell in July, and her marriage has ended. She, and not the prince who imprisons her, is the heroic reformer.
.. The crown prince showed his sensitivity and unpredictability in August when Canada’s foreign ministry tweeted concern about the jailing of Saudi women’s rights activists. Saudi Arabia went nuts, canceling flights, telling 8,300 Saudi students to leave Canada, expelling the Canadian ambassador and withdrawing investments. All for a tweet.
.. Western companies should back out of M.B.S.’s Future Investment Initiative conference later this month. That includes you,
- Credit Suisse,
- Bain and
all listed on the conference website as partners of the event.
.. We need an international investigation, perhaps overseen by the United Nations, of what happened to Jamal. In the United States, we also must investigate whether Saudis bought influence with spending that benefited the Trump family, such as $270,000 spent as of early 2017 by a lobbying firm for Saudi Arabia at the Trump hotel in Washington. The Washington Post reported that Saudi bookings at Trump Chicago increased 169 percent from the first half of 2016 to the first half of this year, and that the general manager of a Trump hotel in New York told investors that revenues rose partly because of “a last-minute visit to New York by the Crown Prince of Saudi Arabia.”
.. If Saudi Arabia cannot show that Jamal is safe and sound, NATO countries should jointly expel Saudi ambassadors and suspend weapons sales. The United States should start an investigation under the Magnitsky Act and stand ready to impose sanctions on officials up to M.B.S.
America can also make clear to the Saudi royal family that it should find a new crown prince. A mad prince who murders a journalist, kidnaps a prime minister and starves millions of children should never be celebrated at state dinners, but instead belongs in a prison cell.
The hedge-fund manager has offered a fable for why the West should confront Putin... Since the Magnitsky Act passed, the Russian government has charged Browder with myriad crimes, and has periodically tried to lodge warrants for his arrest via Interpol. “Their main objective is to get me back to Russia,” Browder has said. “And they only have to get lucky once. I have to be lucky every time.”.. In 2012, in Surrey, England, Alexander Perepilichny, one of Browder’s chief sources of information on the movement of the stolen funds, collapsed while jogging near his home and died. The case is still under investigation. Browder, who has taken to relating to as large an audience as possible the danger he faces, has called this “a perfect example of why you don’t want to be an anonymous guy who drops dead.”.. Browder, who is fifty-four, with a dusting of silver hair and rimless eyeglasses, has a forceful yet understated authority and a talent for telling a coolly suspenseful tale... As an anti-corruption activist, Browder has spoken out against the exploitation of offshore tax havens—for example, the ones detailed in the documents that were leaked from the Panamanian law firm Mossack Fonseca, in 2016. Many companies listed in the so-called Panama Papers were entirely legal. Still, Browder tends not to mention that Mossack Fonseca set up at least three firms for him and Hermitage... His singling out of Browder in Helsinki, McFaul told me, “only gives Bill a bigger global platform—it was a huge public-relations coup, which of course Bill will use.”.. His grandfather Earl Browder became active in socialist politics during the First World War and lived in the Soviet Union for five years before becoming the secretary-general of the Communist Party of America. Earl’s son Felix was a noted mathematician. William Browder took an interest in business while in boarding school in the seventies. “I would put on a suit and tie and become a capitalist. Nothing would piss my family off more than that,” he writes in “Red Notice.”.. This was the peak of the chaotic post-Soviet “Wild East,” a time of lawlessness and speculation. Over the next two years, Hermitage’s portfolio grew to more than a billion dollars, but it was nearly wiped out in August, 1998, when Russia defaulted on its sovereign debt, causing widespread panic. Browder was one of the few Western financiers who chose to remain in the country. Between 1998 and 2005, the price of oil quadrupled and the Russian stock index went up by nearly three thousand per cent... Browder gained attention for publicly criticizing the management of companies in which his fund had invested as a minority shareholder, in an effort to goad them into being more efficient and transparent. He held combative press conferences outlining Russian corporate malpractice and passed along to journalists dossiers that described the way venal oligarchs engaged in asset stripping, wasteful spending, and share dilutions.
.. “I don’t think Bill started out with a passion for corporate governance. He found it to be an instrument that helped him and his investors make a lot of money. Ultimately, it became a sincere crusade.”
.. Steven Dashevsky, then the head of research at a Russian investment bank, Browder’s anti-corruption stance was a kind of “free marketing” for Hermitage.
.. Regulators had instituted a dual price structure for the company’s shares: one class of shares, priced relatively cheaply, could be held only by Russian citizens and firms; the second class, priced much higher, could be purchased by anyone. Hermitage got the cheaper price by buying Gazprom stock through companies it registered in Russia. It was a work-around used by a number of Moscow-based investment funds that, as Dashevsky put it to me, “fell into a gray zone: it was clearly against the spirit of the law, but never prosecuted or pursued.”
.. Browder also minimized how much Hermitage paid in Russian taxes. The government, in an effort to stimulate regional investment, had established a special zone in Kalmykia, a republic north of the Caucasus, that offered a lower tax rate. The rate went down even more if disabled workers made up a majority of a company’s employees. To take advantage of this, Hermitage hired disabled people for its companies in Kalmykia. A banker who managed a number of Russian funds said, “We’re not generally disciples of Mother Teresa, but Bill was singularly bottom-line focussed.” Other investors, the banker said, considered tax-avoidance measures like Hermitage’s hiring of disabled people “too risky, and borderline illegal, with the possibility of too much danger if revealed.”
.. Browder received a British passport in 1998 and, rather than become a dual citizen, renounced his U.S. citizenship. He has explained that he had been motivated by the discrimination that his grandparents faced in America during the McCarthy era as a result of their political activism for the Communist Party: his grandfather was forced to testify in front of the House Un-American Activities Committee, and his grandmother was threatened with deportation to Russia. “This type of thing could never happen in Britain, and that was the basis of my decision to become British,” he recently told an audience in Colorado. But those I talked to who knew Browder in the nineties assumed that the reasons were financial
.. “If there has been a consistent passion in Bill’s life over the last twenty or thirty years, it is not wanting to pay taxes.”
.. Vladimir Putin assumed the Presidency in 2000, and at first Browder was an ardent supporter
.. In 2003, when the billionaire head of the Yukos oil company, Mikhail Khodorkovsky, was arrested and charged for fraud and tax evasion, many saw it as evidence that Putin was becoming uncompromisingly authoritarian. But Browder welcomed the prosecution of Khodorkovsky, with whom he had clashed in the past. In 2004, he told the Times, “We want an authoritarian—one who is exercising authority over mafia and oligarchs.” He added that Putin “has turned out to be my biggest ally in Russia.”
.. He was told that his Russian visa had been annulled on national-security grounds.
.. “Logic dictates that it’s not in the national interest to ban the biggest investor in Russia and one of the biggest supporters of the government’s policy.”
.. In July, 2006, Putin was asked at a press conference about Browder. Putin said that he didn’t know the particulars of the case, but added, “I can imagine this person has broken the laws of our country, and if others do the same we’ll refuse them entry, too.” Browder instructed his Hermitage colleagues to sell off the firm’s Russian assets and moved key staff to London.
.. Actually, Magnitsky, then thirty-five, was a tax adviser who worked for the firm that had advised Hermitage for a decade.
.. police had used the impounded seals and stamps to reregister Hermitage’s companies in the name of low-level criminals, and those companies then applied for tax refunds totalling two hundred and thirty million dollars, the amount that Hermitage had paid in capital-gains tax. Two state tax offices in Moscow appeared to have approved the refunds the next day.
.. Magnitsky testified to Russian state investigators in June, 2008, after which his lawyer advised him to leave the country. He refused, and gave further testimony that October. Several weeks later, he was arrested on charges of abetting tax evasion through Hermitage, and held in pretrial detention.
.. In 2010, Browder went to Washington with a list of Russian officials he said were to blame. The Obama Administration placed sanctions on some of them, a routine procedure that barred them from entering the United States. McFaul, then in charge of Russia policy at the National Security Council, recalls, “Bill, to his credit, said, ‘That’s not enough. You didn’t make it public. You didn’t seize any assets.’ ” In “Red Notice,” Browder calls the Russia policy of the Obama Administration at the time “appeasement.”
.. “But what was unique here was Bill Browder,” he said—in particular, Browder’s ability to tell the story of Magnitsky’s suffering. “We were as outraged as he was,”
.. Browder gave testimony, said, “I think it boils down to one phrase I heard him use numerous times: ‘They killed my guy.’ He feels a responsibility and obligation to make sure Sergei didn’t die in vain, and it’s hard to argue with that.”
.. Even so, the Magnitsky Act might have languished had it not been for the fact that, in 2012, Russia was about to become a member of the World Trade Organization. In order to grant Russia what the group calls “permanent normal trade relations” status, Congress would have to repeal the Jackson-Vanik amendment, a 1975 measure aimed at the Soviet Union that penalized trade with countries that had restrictive emigration policies. Legislators did not want to rescind the law without sending the Kremlin a message about American toughness on human rights.
.. “the real question was whether Congress and the White House could find any substitute for Jackson-Vanik other than Magnitsky. The answer turned out to be no, they couldn’t.”
.. “It means his krysha doesn’t work,” Celeste Wallander explained. Krysha is Russian for “roof,” and in criminal jargon means the protection that a powerful figure can offer others. “It screws up his social contract with those inside the system,” she said.
.. But Canada, the Baltic states, and the U.K. have passed their own Magnitsky-style bills, and, last year, Congress passed the Global Magnitsky Act, which targets human-rights abusers worldwide. McFaul told me it had long struck him that “the spectre of the Magnitsky law and the noise around it are much more important than the law itself.”
.. The main evidence that the law is having an effect is how obsessed Putin is with it. I don’t get why he’s so obsessed, but the fact remains that he is, and that suggests it’s had a tremendous impact.
.. I met Veselnitskaya last fall in Moscow, at a café in the center of town; she is an imposing, glamorous woman with an exhaustive memory for dates and facts. She doesn’t speak English, is not licensed to practice law in New York, and, at the time the charges were filed, had never been to the United States.
.. She and the Baker Hostetler lawyers wanted Browder deposed as part of pretrial discovery. This would require a court subpoena; Browder had not voluntarily agreed to testify and, having given up his U.S. citizenship, was not immediately liable to the jurisdiction of a U.S. court.
.. According to multiple sources familiar with the Katsyv family’s legal strategy, the legal work on the Prevezon case and Veselnitskaya’s related lobbying carried costs of up to forty million dollars—a vast sum, considering that the U.S. government was trying to seize, at most, fourteen million dollars’ worth of property.
.. Veselnitskaya downplayed any ties she had to Yuri Chaika, Russia’s general prosecutor, but a researcher on the Prevezon case told me that she often took his calls.
But he’s not the first president to foolishly place his trust in the Russian despot.
President Trump did get one thing right on Monday in Helsinki: Vladimir Putin did make an “incredible offer.”
.. But he’s not the first president to foolishly place his trust in the Russian despot.
President Trump did get one thing right on Monday in Helsinki: Vladimir Putin did make an “incredible offer.”
.. having the indictment, they must have calculated, would strengthen Trump’s hand in the confrontation.
.. Of all the president’s mind-boggling utterances at the press conference, I found this the most stunning.
.. One hoped that Trump’s election would end Obama’s hallmark depictions of moral equivalence between America and thug countries. Yet here’s how the president, at the start of his term, defended Putin when Bill O’Reilly called him a “killer”: “There are a lot of killers. We’ve got a lot of killers. What, you think our country is so innocent?”
.. when has this president ever been restrained by a presidential norm?
.. the most alarming part of the presser was the palpable satisfaction the president took in describing Putin’s “incredible” proposal. Trump is desperate to show that his entreaties to the Russian despot — amid the “collusion” controversy and against the better judgment of his skeptical advisers and supporters — could bear real fruit. It made him ripe to get rolled.
.. The proposal to invite Mueller to Moscow brought to mind others who’ve tried to investigate Putin’s regime on Russian soil. There is, of course, Sergei Magnitsky, who exposed the regime’s $230 million fraud only to be clubbed to death with rubber batons in a Russian prison — Putin said he must have had a heart attack.
.. Then there is Nikolai Gorokhov, a lawyer for the Magnitsky family who has been investigating regime involvement in the fraud. He was slated to testify in a U.S. Justice Department lawsuit against Prevezon, a company controlled by Putin cronies that is implicated in the fraud. But then, somehow, Gorokhov “accidentally” fell from the fourth-floor balcony of a Moscow apartment building.
.. Truth be told, the prospect of hosting Mueller’s investigators in his accident-prone country interests Putin less than the “reciprocity” he has in mind.
.. This is classic Putin. The former KGB agent takes every Western misstep as a precedent, to be contorted and pushed to maximum advantage. As we’ve observed over the years, for example, the Kremlin has rationalized its territorial aggression against former Soviet satellites by relying on U.S. spearheading — over Russian objections — of Kosovo’s secession from Serbia.
.. While positing lip-service denials that he meddled in our 2016 election, Putin implies that we had it coming after what he claims was Obama-administration interference in Russia’s 2011 parliamentary elections
.. if our government does not see how Russia (like other rogue nations) is certain to exploit the precedent the Justice Department has set by indicting foreign officials for actions taken on their government’s behalf, we are in for a rude awakening
.. Naturally, Putin expects us to help him investigate Bill Browder. If you think the word “collusion” makes Trump crazy, try uttering the word “Browder” around Putin
.. the Russian dictator repeated his standing allegation that Browder and his associates have evaded taxes on over a billion dollars in Russian income. He further claimed that “they sent a huge amount — $400 million — as a contribution to the campaign of Hillary Clinton.” While this is outlandish, it reminds us of the purported dirt on Mrs. Clinton that Putin’s operatives sought to peddle to the Trump campaign in June 2016.
.. Natalia Veselnitskaya reportedly told Donald Trump Jr., Jared Kushner, and Paul Manafort that Browder was involved in a tax-evasion scheme that implicated Clinton donors. This, she urged, was information that could be used to damage the Clinton campaign. Ms. Veselnitskaya also rehearsed the Kremlin’s rant against the Magnitsky legislation.
.. at least as far as what is publicly known, the Trump Tower meeting remains the closest brush that Trump has had with “collusion” — the narrative (indeed, the investigation) that has dogged his presidency. It is astonishing that the president would allow Putin to manipulate him into reviving that storyline.
.. Memo to DOJ: Expect Russia to issue indictments and international arrest warrants soon — as Putin said, it’s all about “reciprocity.”.. The “incredible offer” that Putin hit Trump with — and that Trump was palpably thrown by — was not woven out of whole cloth. Did you know that the United States and the Russian Federation have a bilateral mutual-legal-assistance treaty? Yeah, it was negotiated by the Clinton administration and ratified by the Bush administration. The MLAT calls for us to cooperate when the Putin regime seeks to obtain testimony, interview subjects of investigations, locate and identify suspects, transfer persons held in custody, freeze assets — you name it... It’s part of our government’s commitment to the notion that the law-enforcement processes of a constitutional, representative republic dedicated to the rule of law can seamlessly mesh with those of a gangster dictatorship whose idea of due process is deciding which nerve agent — polonium or novichok — is the punishment that fits the “crime.”
.. It enables Putin to pose as the leader of a normal, law-abiding regime that just wants to help Bob Mueller out and maybe ask Bill Browder a couple of questions — preferably out on the balcony.
- Clinton joined with Russia in an agreement to . . . wait for it . . . protect Ukraine.
- Bush looked Putin in the eye, got a “sense of his soul,” and found him “straightforward and trustworthy” — so much so that
- his State Department regarded Russia as a “strategic partner” that was going to help us with Iran (by helping it develop nuclear power!) .
- . . while Russia annexed parts of Georgia.
- Then came Obama’s “Russia Reset” — more “partnering” on Iran,
- ushering Moscow into the World Trade Organization,
- signing off on the Uranium One deal (and let’s not forget that cool $500,000 Russian payday for Bill Clinton and all those millions flowing into the Clinton Foundation) . . .
- while Russia backed Assad and the Iranian mullahs,
- annexed Crimea,
- stoked civil war in eastern Ukraine, and
- conducted cyber attacks on our election system.