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.
“My grandfather was the biggest Communist in America,” he said, “and I became the biggest capitalist in Russia.”
.. Bill Browder created his hedge fund, Hermitage, in 1996. The Kremlin turned on him hard in 2005, declaring him persona non grata. He had been a thorn in the side of Putin’s oligarchs.
In 2008, the authorities arrested Browder’s fearless and whistleblowing lawyer, Sergei Magnitsky — and tortured him to death.
.. I read an obituary of Felix Browder, Bill’s father. I then realized why Bill had asked me to be more specific when I asked, “Any relation?” Felix Browder was one of the greatest mathematicians in the world. (I don’t know from mathematicians.) He was, for example, chairman of the math department at Chicago.
Earl Browder had two more children, two more sons: Andrew and William. The former became the
- chairman of the math department at Brown; the latter became
- chairman of the department at Princeton. And there’s more Browder talent where that came from.
.. He was named after Shakespeare, having been born on the 400th anniversary of the writer’s birth (April 23, 1964).
.. Andrew’s daughter Laura, a professor at the University of Richmond, discovered something in the KGB archives: The dear nanny had been a spy, charged with keeping tabs on Earl. Of course.
.. Earl coined the famous (or infamous) slogan “Communism is 20th-century Americanism.” He ran for president in 1936, getting some 80,000 votes.
.. Communists in America were in particularly bad odor. In early ’41, the U.S. government sent Browder to prison on technicalities: passport fraud. But that summer, Hitler double-crossed Stalin, and the United States would soon be allies with Uncle Joe.
.. FDR commuted Browder’s sentence as a goodwill gesture.
.. After the war, Browder got on the wrong side of Moscow and was expelled from the American party. He died in 1973, having spent his last years with his son Bill in Princeton
.. Raisa, a Russian mother, and a mother of three sons. A Russian-Jewish mother at that
.. Felix entered MIT at 16. He had his bachelor’s degree in two years. By 20, he had his Ph.D. from Princeton.
.. One of his undergraduate professors testified that Felix was not a party member — and, moreover, that Felix had been the best math student in the history of MIT
.. Bill Browder affirms that his father was not a Communist. Rather, he was “a hard-core leftist professor,” like all the others. “I never met one who wasn’t,” says Bill.
.. Felix was indeed drafted into the Army. Not trusted with sensitive work, he spent two years pumping gas at Fort Bragg.
.. Felix worked on his math and, for the first and only time in his life, was around regular folks... Felix and his wife Eva had another child besides Bill: their son Tom. He entered the University of Chicago at 15. Today, he is a leading particle physicist, dividing his time between Hawaii and Japan, searching for the origin of the universe... Bill was a rebellious kid, and he figured out how to rebel against a family of leftists: become a capitalist. He majored in economics at Chicago, whose department was a den of free-marketeers.
.. In an act of shocking gall, the Russian state is investigating Browder for the murder of Magnitsky — and three other men. Thus do the murderers finger the champion of the murdered. Putin’s predecessors in the KGB would grin in admiration.
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.
Attorney Sergei Magnitsky uncovered widespread corruption in Russia. Then he was arrested.
Magnitsky died under mysterious circumstances in a Russian jail. His employer, Bill Browder, who was previously expelled from Russia, says Magnitsky was beaten to death.
Browder became a lead campaigner behind the Magnitsky Act, which was allegedly the reason for a meeting between Trump campaign staffers and a Kremlin-connected attorney last year.
This week, Browder plans to testify before the Senate, as committees will also meet privately with Donald Trump Jr., the president’s son-in-law Jared Kushner and former Trump campaign manager Paul Manafort.
“We should be scared of Vladimir Putin we should do everything possible to contain his evil intentions,” Browder says.
For a time, this naming and shaming campaign worked remarkably well and led to less corruption and increased share prices in the companies we invested in. Why? Because President Vladimir Putin and I shared the same set of enemies. When Putin was first elected in 2000, he found that the oligarchs had misappropriated much of the president’s power as well. They stole power from him while stealing money from my investors. In Russia, your enemy’s enemy is your friend, and even though I’ve never met Putin, he would often step into my battles with the oligarchs and crack down on them.
.. After Khodorkovsky’s conviction, the other oligarchs went to Putin and asked him what they needed to do to avoid sitting in the same cage as Khodorkovsky. From what followed, it appeared that Putin’s answer was, “Fifty percent.” He wasn’t saying 50 percent for the Russian government or the presidential administration of Russia, but 50 percent for Vladimir Putin personally. From that moment on, Putin became the biggest oligarch in Russia and the richest man in the world, and my anti-corruption activities would no longer be tolerated... Sergei went out and investigated. He came back with the most astounding conclusion of corporate identity theft: The documents seized by the Interior Ministry were used to fraudulently re-register our Russian investment holding companies to a man named Viktor Markelov, a known criminal convicted of manslaughter. After more digging, Sergei discovered that the stolen companies were used by the perpetrators to misappropriate $230 million of taxes that our companies had paid to the Russian government in the previous year... I had always thought Putin was a nationalist. It seemed inconceivable that he would approve of his officials stealing $230 million from the Russian state. Sergei and I were sure that this was a rogue operation and if we just brought it to the attention of the Russian authorities, the “good guys” would get the “bad guys” and that would be the end of the story... However, instead of arresting the people who committed the crime, Sergei was arrested... Sergei’s captors immediately started putting pressure on him to withdraw his testimony. They put him in cells with 14 inmates and eight beds, leaving the lights on 24 hours a day to impose sleep deprivation. They put him in cells with no heat and no windowpanes, and he nearly froze to death. They put him in cells with no toilet, just a hole in the floor and sewage bubbling up... A week before he was due to have surgery, he was moved to a maximum security prison called Butyrka, which is considered to be one of the harshest prisons in Russia. Most significantly for Sergei, there were no medical facilities there to treat his medical conditions... After more than three months of untreated pancreatitis and gallstones, Sergei Magnitsky went into critical condition. The Butyrka authorities did not want to have responsibility for him, so they put him in an ambulance and sent him to another prison that had medical facilities. But when he arrived there, instead of putting him in the emergency room, they put him in an isolation cell, chained him to a bed, and eight riot guards came in and beat him with rubber batons… In his 358 days in detention, Sergei wrote over 400 complaints detailing his abuse. In those complaints he described who did what to him, as well as where, how, when, and why. He was able to pass his hand-written complaints to his lawyers, who dutifully filed them with the Russian authorities. Although his complaints were either ignored or rejected, copies of them were retained. As a result, we have the most well-documented case of human rights abuse coming out of Russia in the last 35 years.
.. As I thought about it, the murder of Sergei Magnitsky was done to cover up the theft of $230 million from the Russian Treasury. I knew that the people who stole that money wouldn’t keep it in Russia. As easily as they stole the money, it could be stolen from them. These people keep their ill-gotten gains in the West, where property rights and rule of law exist. This led to the idea of freezing their assets and banning their visas here in the West.
.. American families came with big hearts and open arms, taking in children with HIV, Down syndrome, Spina Bifida and other serious ailments. They brought them to America, nursed them, cared for them and loved them. Since the Russian orphanage system did not have the resources to look after these children, many of those unlucky enough to remain in Russia would die before their 18th birthday. In practical terms, this meant that Vladimir Putin sentenced his own, most vulnerable and sick Russian orphans to death in order to protect corrupt officials in his regime.
.. Information from the Panama Papers also links some money from the crime that Sergei Magnitsky discovered and exposed to Sergei Roldugin. Based on the language of the Magnitsky Act, this would make Putin personally subject to Magnitsky sanctions.
.. This is particularly worrying for Putin, because he is one of the richest men in the world. I estimate that he has accumulated $200 billion of ill-gotten gains from these types of operations over his 17 years in power. He keeps his money in the West and all of his money in the West is potentially exposed to asset freezes and confiscation.
.. The second reason why Putin reacted so badly to the passage of the Magnitsky Act is that it destroys the promise of impunity he’s given to all of his corrupt officials.
.. Before the Magnitsky Act, Putin could guarantee them impunity and this system of illegal wealth accumulation worked smoothly. However, after the passage of the Magnitsky Act, Putin’s guarantee disappeared.
.. Boris testified in front of the U.S. Congress, the European Parliament, the Canadian Parliament, and others to make the point that the Magnitsky Act was a “pro-Russian” piece of legislation because it narrowly targeted corrupt officials and not the Russian people. In 2015, Boris Nemtsov was murdered on the bridge in front of the Kremlin.
.. Boris Nemtsov’s protégé, Vladimir Kara-Murza, also traveled to law-making bodies around the world to make a similar case. After Alexander Bastrykin, the head of the Russian Investigative Committee, was added to the Magnitsky List in December of 2016, Vladimir was poisoned. He suffered multiple organ failure, went into a coma and barely survived.
The lawyer who represented Sergei Magnitsky’s mother, Nikolai Gorokhov, has spent the last six years fighting for justice. This spring, the night before he was due in court to testify about the state cover up of Sergei Magnitsky’s murder, he was thrown off the fourth floor of his apartment building. Thankfully he survived and has carried on in the fight for justice.
.. I’ve received many death threats from Russia. The most notable one came from Russian Prime Minister Dmitry Medvedev at the World Economic Forum in Davos, Switzerland, in 2013. When asked by a group of journalists about the death of Sergei Magnitsky, Medvedev replied, “It’s too bad that Sergei Magnitsky is dead and Bill Browder is still alive and free.
.. last year when a group of Russians went on a lobbying campaign in Washington to try to repeal the Magnitsky Act by changing the narrative of what had happened to Sergei. According to them, Sergei wasn’t murdered and he wasn’t a whistle-blower, and the Magnitsky Act was based on a false set of facts.
.. Who was this group of Russians acting on behalf of the Russian state? Two men named Pyotr and Denis Katsyv, a woman named Natalia Veselnitskaya, and a large group of American lobbyists, all of whom are described below... Veselnitskaya, through Baker Hostetler, hired Glenn Simpson of the firm Fusion GPS to conduct a smear campaign against me and Sergei Magnitsky in advance of congressional hearings on the Global Magnitsky Act.
.. As part of Veselnitskaya’s lobbying, a former Wall Street Journal reporter, Chris Cooper of the Potomac Group, was hired to organize the Washington, D.C.-based premiere of a fake documentary about Sergei Magnitsky and myself. This was one the best examples of Putin’s propaganda.