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.
All around the world, strongmen are seizing power and subverting liberal norms.
fascism came out of particular historical circumstances that do not obtain today—
- a devastating world war,
- drastic economic upheaval, the
- fear of Bolshevism.
.. When Naomi Wolf and others insisted that George W. Bush was taking us down the path of 1930s Germany, I thought they were being histrionic. The essence of fascism after all was the obliteration of democracy. Did anyone seriously believe that Bush would cancel elections and refuse to exit the White House?
.. So maybe fascism isn’t the right term for where we are heading. Fascism, after all, was all about big government—grandiose public works, jobs jobs jobs, state benefits of all kinds, government control of every area of life. It wasn’t just about looting the state on behalf of yourself and your cronies, although there was plenty of that too. Seeing Vladimir Putin and Donald Trump at the press conference following their private meeting in Helsinki, though, I think maybe I’ve been a bit pedantic. Watching those two thuggish, immensely wealthy, corrupt bullies, I felt as if I was glimpsing a new world order—not even at its birth but already in its toddler phase. The two men are different versions of an increasingly common type of leader:
- elected strongmen ‘who exploit weak spots in procedural democracy to come to power, and
- once ensconced do everything they can to weaken democracy further,
- while inflaming powerful popular currents of
- reactionary religion,
- homophobia, and
- resentments of all kinds.
.. At the press conference Putin said that associates of the billionaire businessman Bill Browder gave Hillary Clinton’s campaign $400 million, a claim Politifact rates “pants on fire” and about which The New York Times’ Kenneth Vogel tweeted, “it was so completely without evidence that there were no pants to light on fire, so I hereby deem it ‘WITHOUT PANTS.’”
.. A Freudian might say that his obsession with the imaginary sins of Clinton suggests he’s hiding something. Why else, almost two years later, is he still trying to prove he deserved to win? At no point in the press conference did he say or do anything incompatible with the popular theory that he is Putin’s tool and fool.
.. These pantsless overlords are not alone. All over the world, antidemocratic forces are winning elections—sometimes fairly, sometimes not—and then using their power to subvert democratic procedures.
There’s Recep Tayyip Erdoğan in Turkey—remember how when he first took office, back in 2014, he was seen as a harmless moderate, his Justice and Development Party the Muslim equivalent of Germany’s Christian Democrats? Now he’s shackling the press, imprisoning his opponents, trashing the universities, and trying to take away women’s rights and push them into having at least three, and possibly even five, kids because there just aren’t enough Turks.
.. Then there’s Hungary’s Viktor Orbán, who coined the term “illiberal democracy” to describe these elected authoritarian regimes, now busily shaping the government to his own xenophobic ends, and
.. Poland’s Andrzej Duda, doing much the same—packing the courts, banning abortion, promoting the interests of the Catholic church.
Before World War II Poland was a multiethnic country, with large minorities of Jews, Roma, Ukrainians, and other peoples. Now it boasts of its (fictional) ethnic purity and, like Hungary and the Czech Republic, bars the door to Muslim refugees in the name of Christian nationalism.
One could mention
- Philippine President Rodrigo Duterte,
- Egyptian President Abdel Fattah el-Sisi,
- Israel’s Benjamin Netanyahu, and
- India’s Narendra Modi as well.
Pushed by anti-immigrant feeling, which is promoted by
- unemployment and
right-wing “populist” parties are surging in
- the Netherlands,
- Austria, and even
- Sweden and
And don’t forget Brexit—boosted by pie-in-the-sky lies about the bounty that would flow from leaving the European Union but emotionally fueled by racism, nativism, and sheer stupidity.
.. At home, Donald Trump energizes similarly antidemocratic and nativist forces. Last year, outright neo-Nazis marched in Charlottesville, and Trump called them “very fine people.” This year, Nazis and Holocaust deniers are running in elections as Republicans, and far-right misogynist hate groups like the Proud Boys are meeting in ordinary bars and cafés.
.. The worst of it is that once the leaders get into power, they create their own reality, just as Karl Rove said they would:
- They control the media,
- pack the courts
- .. lay waste to regulatory agencies,
- “reform” education,
- abolish long-standing precedents, and
- use outright cruelty—of which the family separations on the border are just one example—to create fear.
While everybody was fixated on the spectacle in Helsinki, Trump’s IRS announced new rules that let dark-money groups like the National Rifle Association and the Koch brothers’ Americans for Prosperity keep their donors secret.
.. American democracy might not be in its death throes yet, but every week brings a thousand paper cuts.
.. There’s nothing inevitable about liberal democracy, religious pluralism, acceptance of ethnic diversity, gender and racial equality, and the other elements of what we think of as contemporary progress.
.. He has consolidated a bloc of voters united in their grievances and their fantasies of redress. The
- fundamentalist stay-home moms, the
- MAGA-hat wearing toughs, the
- Fox-addicted retirees, the
- hedge-fund multimillionaires and the
- gun nuts have found one another.
.. Why would they retreat and go their separate ways just because they lost an election or even two? Around the world it may be the same story: Democracy is easy to destroy and hard to repair, even if people want to do so, and it’s not so clear that enough of them do.
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.