Sexual Violence As International Crime

Former Russian Finance Minister Kudrin Tries To Explain Why $1 Billion Was Stolen From The Russian Budget In Connection To The Magnitsky Murder On His Watch And He Did Nothing

Hermitage Capital Press Release
Originally Sent April 11, 2012

In an extraordinary statement issued on his political website, former Russian Finance Minister Alexei Kudrin explained how it was not his fault that $1 billion was stolen from the Russian treasury on his watch between 2006 and 2010 through a corrupt scheme uncovered by Hermitage Fund’s Russian lawyer Sergei Magnitsky (http://akudrin.ru/news/otvety-na-voprosy.html#.T4Szz3lJri8.twitter).

In his statement referring to the illegal approvals of tax refunds for millions of dollars, Mr. Kudrin said: “Employees of the Treasury cannot challenge the appropriateness of such a decision. Neither the leadership of the Treasury, nor, especially, the leadership of the Ministry of Finance interfere in this process.”

This statement came in response to a series of 7 public questions to Kudrin from Andrei Illiarionov, an opposition politician, posted in his blog  on ‘Echo of Moscow’ website (http://www.echo.msk.ru/blog/aillar/875912-echo/), challenging Alexei Kudrin after an independent investigation by a Russian newspaper, Novaya Gazeta, uncovered that the same officers from the Federal Tax Service and the same organized criminals who were involved in the $230m theft that Sergei Magnitsky discovered, stole a further 11.4 billion Rubles in ($444 m) in 2009 and 2010. These thefts were in addition to another $240m that were stolen under the guise of “tax refunds” by the same group of officials and criminals in 2006 and 2007.

“It is remarkable that the man whose responsibility was to protect the finances of the Russian state could say that he shouldn’t interfere when crimes were going on under his nose, in which $1 billion was stolen directly from the Russian treasury,” said a Hermitage Capital representative.

Mr. Kudrin was also asked what he did when he learned about the theft of the $230m that Magnitsky discovered. He said: “I did not have this information in my possession then, but based on what I learned from the media reports at the time, I verbally asked the leadership of the Interior Ministry, if they were looking into it, and received an affirmative response… Neither the Ministry of Finance, nor I, at that time as Minister of Minister and Deputy Prime Minister, had the authority [to investigate the thefts].”

In fact, his statements about his lack of knowledge are directly contradicted by a series of petitions from Hermitage Capital seeking his intervention immediately after the illegal refunds were uncovered in 2008 and 2009. Hermitage Fund’s representatives wrote to Minister Kudrin providing detailed evidence of the involvement of tax officials in the thefts,  including 15 August 2008 (http://russian-untouchables.com/rus/wp-content/uploads/2012/04/D410.pdf) and again on 13 October 2009 (http://russian-untouchables.com/rus/wp-content/uploads/2012/04/D411.pdf). The first letter described evidence of the theft of $230 million via tax inspections No 25 and 28 in Moscow which took place within one day, on 24 December 2007. The second letter described 10 transactions used by the same tax inspections in Moscow to steal a total of $470 million from the Russian budget during 2006-2008. There was no answer to the first letter. The reply to the second letter signed by Deputy Finance Minister Shatalov on 28 October 2009 (http://russian-untouchables.com/rus/wp-content/uploads/2012/04/D412.pdf) said: “The Finance Ministry does not have authority to investigate the facts of budget thefts stated in your application.”This letter was sent 19 days before Sergei Magnitsky was killed in custody after exposing the officials perpetrating these thefts.

“It is notable that Alexei Kudrin fails to mention that not a single government employee had been charged or prosecuted for these successive crimes totaling $1 billion of budget funds over 4 years since they were discovered. It beggars belief that he thinks it is an acceptable explanation and he did nothing to stop the situation when he learned about it,” said a Hermitage Capital representative.

“This is further evidence that the Russian budget is no longer functioning for the Russian people, but is now an unrestrained source of financing for corrupt officials and organized crime,” said a Hermitage Capital representative.

For further information please contact:

Hermitage Capital

Phone:             +44 207 440 17 77
E-mail:             info@lawandorderinrussia.org
Website:          http://lawandorderinrussia.org

Facebook:        http://on.fb.me/hvIuVI
Twitter:           @KatieFisher__
Livejournal:     http://hermitagecap.livejournal.com/

War Crimes Prosecution Watch Vol. 7 Issue 1–April 9, 2012

War Crimes Prosecution Watch is prepared by the International Justice Practice of the Public International Law & Policy Group and the Frederick K. Cox International Law Center of Case Western Reserve University School of Law.

Vol. 7, Issue 1 — April 9, 2012

 

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

Darfur, Sudan

Democratic Republic of the Congo

Kenya

Libya

Cote d’Ivoire (Ivory Coast)

AFRICA

International Criminal Tribunal for Rwanda

Special Court for Sierra Leone

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Syria

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

NORTH AND SOUTH AMERICA

North America

United States

South America

Argentina

Brazil

Colombia

TOPICS

Terrorism

Piracy

Universal Jurisdiction

Gender-Based Violence

REPORTS

UN Reports

NGO Reports

TRUTH AND RECONCILIATION COMMISSIONS

Kenya

Nepal

Thailand

Togo

COMMENTARY AND PERSPECTIVES

WORTH READING

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. For more information about War Crimes Prosecution Watch, please contact warcrimeswatch@pilpg.org.

Former Russian Finance Minister ‘Explains’ Why $1 Billion Went Missing

By Alexandra Halsey-Storch
Impunity Watch Reporter, Europe

MOSCOW, Russia–On Wednesday April 11, 2012 the Former Russian Finance Minister, Alexei Kudrin, attempted to set forth an explanation as to why $1 billion was stolen from the Russian budget while under his supervision between 2006 and 2010.

Former Finance Minister, Alexei Kudrin (Photo Curtesy of The Telegraph)

Kudrin claimed that by no fault of his own was this money stolen.  Strangely, and perhaps even unbelievably, “Employees of the Treasury cannot challenge the appropriateness of [the illegal approvals of tax refunds for millions of dollars]. Neither the leadership of the Treasury, nor, especially, the leadership of the Ministry of Finance interfere in this process.” In other words, it simply was not part of Kudrin’s duty as a Finance Minister to protect the funds.

Kudrin went on to state that, “neither the Ministry of Finance, nor I, at that time as Minister of Finance and Deputy Prime Minister, had the authority [to investigate the thefts].”

Despite not being able to investigate the crime,  Kudrin was aware of the illegal actions taking place. In August 2008, and again on October 13, 2009, Hermitage Capital—an investment fund that has invested about $4 billion in Russia— contacted Kudrin and provided detailed evidence of the tax official’s involvement in the thefts.

The 2008 letter “described evidence of the theft of $230 million” by way of tax inspections. No Russian official responded to the letter.

The 2009 letter described 10 transactions used by the same tax inspections in Moscow to steal $470 million from the 2006-2008 Russian budget. The Deputy Finance Minister responded to the letter stating that, “the Finance Ministry does not have authority to investigate the facts of budget thefts stated in [the] application.”

19 days after the receipt of the 2009 later, a Hermitage Capital attorney, who had initially exposed the tax rebate fraud, Sergei Magnitsky, was killed at the hands of abusive Russian authorities.

Magnitsky, who gave “sworn testimony against the officials involved, had been detained shortly after divulging the scheme. At the time of his death, he had been incarcerated for about a year.

In response to Kudrin’s naïve statements made this week, a Hermitage Capital representative countered that, “It is remarkable that the man whose responsibility was to protect the finances of the Russian state could say that he shouldn’t interfere when crimes were going on under his nose, in which $1 billion was stolen directly from the Russian treasury.”

Moreover, “not a single government employee [has] been charged or prosecuted for these successive crimes…” despite having been discovered over four years prior, said a Hermitage Capital representative.

Perhaps most egregious, is the blatant hypocrisy that the Russian government has emanated in the weeks following the tax fraud exposure: “the Russian budget is no longer functioning for the Russian people, but is now an unrestrained source of financing for corrupt officials and organized crime,” said a Hermitage Capital representative.”