U.S. Judge Grants Freezing Order Over $23 Million of New York Assets in Lawsuit Brought by the U.S. Attorney in the Sergei Magnitsky Case

PRESS RELEASE
For Immediate Distribution

 

16 September 2013 – The New York District Court has issued a freezingorder for over $23 million in Manhattan property and bank accounts linked to the $230 million theft uncovered by Russian lawyer Sergei Magnitsky. The bank accounts are held at Bank of America.  The court order was made at the request of the U.S. Attorney’s Office, which launched the first action in the Sergei Magnitsky case in the United States last week.

Presiding U.S. Judge Thomas Griesa said in the order:

“The Restrained persons, their attorneys, agents, employees and anyone acting on their behalf, and all persons or entities acting in concert or participation with any of the above, all relevant financial institutions, and all persons and entities having actual knowledge of this Order, shall not, directly or indirectly, transfer, sell, …or take, or cause to be taken, any action that would have the effect of depreciating, damaging, or in any way diminishing the value of property or other interests belonging to, or owed to, or controlled in whole or in part by the defendant, which property or other interests are subject to forfeiture.”

The United States commenced its action in New York on 10 September 2013 when the civil forfeiture complaint was filed by attorney for the SouthernDistrict of New York Preet Bharara. In granting the freezing order, the court referred to the U.S. Attorney’s Office complaint:

“The Complaint further alleges, in part, that in 2007, a Russian criminal organization (“the Organization”) engaged in an elaborate tax refund fraud scheme that defrauded Russian taxpayers out of approximately U.S. $230 million; that the fraud proceeds were laundered through a series of shell companies in Russia and other countries; and that some of these fraud proceeds were transferred from shell companies in the Republic of Moldova to PREVEZON HOLDINGS, which then used those funds, commingled with other funds …, to purchase multiple pieces of real estate in the Southern District of New York, which were held by the other Prevezon Entities.”

The aim of the freezing court order is to preserve the assets from dissipation.

In 2008, Sergei Magnitsky, an outside lawyer for the Hermitage Fund, uncovered the criminal conspiracy involving Russian government officials and criminals, responsible for the theft of Hermitage Fund’s Russian companies and $230 million of their tax payments, and testified about it to Russian authorities. He was then arrested by some of the same officials he had implicated, ill-treated and tortured for nearly a year and killed in Russian state custody on 16 November 2009.

For further information, please see:

Law and Order in Russia

U.S. Politicians Comment on Syrian Arms Plan

Brandon Cottrell
Impunity Watch Reporter, North America

WASHINGTON, D.C., United States – This past weekend’s agreement to seek a “strong and robust” United Nation resolution, which would remove all chemical weapons from Syria by 2014 has caused numerous U.S. politicians to weigh in, with some in support but most in opposition.

British Foreign Secretary William Hague, French President Francois Hollande and Secretary of State John Kerry met over the weekend to discuss Syria. (Photo Courtesy USA Today)

Although the U.S., France, and Great Britain are in agreement that they do not want a ground invasion of Syria, U.S. Secretary of State John Kerry and President Obama have not ruled out a unilateral strike against Syria if Syria fails to meet any of its forthcoming commitments under the resolution.

Kerry commented that, “If Assad fails in time to abide by the terms of this framework, make no mistake, we are all agreed – and that includes Russia – that there will be consequences.”  French President Francois Hollande echoed those sentiments, as he stated that, “The military option must remain; otherwise there will be no pressure [to comply].”

Many U.S. politicians, however, are skeptical about the tentative agreement that was struck between the U.S. and Russia.  Some say that the agreement is a sign of overall American weakness while others were troubled that the agreement’s success will “depend largely on the cooperation of Russian and Syrian authorities, which have proven themselves anything but trustworthy.”

Representative Mike Rogers, chairman of the House Intelligence Committee, even said that the U.S. is “being led by the nose by” Russian President Vladimir Putin.  Rodgers also thinks that the U.S. “fired our last round” and that the ability to negotiate a settlement has been sent with Russia to the U.N., which is “a dangerous place for us (the U.S) to be if you want an overall settlement to the problems.”

Senator John McCain is also among those who does not support the agreement.  He thinks that the agreement is a “loser” because it is unlikely to be enforced.  Additionally, he believes that the U.S. has “effectively taken the threat of military force off the table” despite the Obama’s and Kerry’s earlier statements that the U.S. military is prepared to launch a strike.

Others, however, are optimistic.  Representative Elijah Cummings noted that “just a week ago . . . we had Russia and Syria saying . . . they had happens.  And now we are sitting down at the table with a very aggressive agenda, sitting down at that table trying to resolve this issue without a bullet being fired. That’s very significant.”

 

For more information, please see:

CBS News – U.S. Politicians Wonder If Obama Was Outfoxed On Syria Chemical Weapons – 15 September 2013

Fox News – Lawmakers Debate Whether US Outfoxed On Syria; Obama Says ‘Foundation’ Set For War Settlement – 15 September 2013

New York Times – U.S. And Allies Push For Strong U.N. Measure On Syria’s Arms– 16 September 2013

USA Today – U.S. Seeks Wide Support For Syria Arms Deal – 16 September 2013

Yemen’s Minister for Human Rights Calls for an End to Child Marriages

By Kathryn Maureen Ryan

Impunity Watch, Middle East

SANA’A, Yemen – Yemen’s Minister for Human Rights, Huriya Mashhoor has called for child marriages to be outlawed in the country. She is attempting to revive a 2009 bill that would have set the minimum marriage age at 17; she is aiming to raise this age to 18. The 2009 bill was passed by Yemen’s parliament. However, conservative parliamentarians argued the bill violated Islamic law, which does not specify a minimum age of marriage. As a result of their protests, the bill was signed, but never entered into law. Yemini law still maintains an ambiguous definition of a “child”, which makes it difficult to set a minimum age requirement for marriages.

Hooria Mashhour, Yemeni minister of Human Rights, has called for Yemen to set minimum age for marriage at 18. (Photo courtesy of CNN International)

Mashhoor’s call for marriage reform was a direct response to the reported death of eight-year-old Rawan, who died last week on her wedding night of internal bleeding caused by sexual intercourse. The eight-year-old girl had been married-off to a man in his 40s.

“This isn’t the first time a child marriage has happened in Yemen, so we should not focus only on this case,” Mashhoor said of the incident. “Many child marriages take place every year in Yemen. It’s time to end this practice.” Mashhoor said that she personally spoke to the human rights coordinator for the ministry in Haradh, where the incident took place, and he informed her that nearly everyone he spoke to is denying that Rawan’s death was caused by intercourse. According to one resident of the area, “No one is talking about this story because it’s an embarrassment, but this is what poverty can do to people.”

According to the United Nations, about half of Yemen’s 24 million people lack sufficient food and access to safe water. Child marriages are common amongst poor families in Yemen. Impoverished families often marry-off under-aged girls in order to bring in extra income from the dowry of the under-aged girl. Marriage is often seen as a way to save on the cost of raising their daughters.

The international community has called for marriage reform in Yemen in response to Rawan’s death as well as other reported cases of child marriages in the country, including allegations made by an 11-year-old Yemeni girl named Nada Al-Ahdal in a video posted to YouTube, accusing her parents of attempting to marry her off for money. The video was viewed by millions of people around the world and has raised awareness about the ongoing problem of child marriages in Yemen.

Catherine Ashton, Foreign Policy Chief for the European Union urged Yemini authorities to investigate Rawan’s death “without delay, and to prosecute all those responsible for this crime.”

According to Human Rights Watch, “the current political transition and drafting process for a new constitution offer a unique opportunity for the Yemeni government to enact laws protecting the rights of girls.” Mashhoor’s calls for change may demonstrate the potential for reform offered by the transition process.

For more information please see:

BBC News – Yemeni Minister Seeks Law to End Child Marriage – 13 September 2013

Al Jazeera – Yemeni Minister to Seek Child-Marriage Ban – 14 September 2013

Associated Free Press – Yemen Rights Minister Wants Child Bride Ban – 14 September 2013

CNN International – Yemen Minister on Child Marriage: Enough Is Enough – 16 September 2013

Hikers Savagely Attacked by Robbers Wielding Machetes in PNG

By Kevin M. Mathewson
Impunity Watch Reporter, Asia

PORT MORESBY, Papua New Guinea — A group of Australian and New Zealand hikers along with their local tour guides were attacked by robbers wielding machetes on Tuesday in Papua New Guinea.

Injured trekkers Nick Bennett (front left), Peter Stevens (center) and Steve Ward (right) arrive at the airport in Cairns, Queensland on Thursday following their brutal attack by bandits in Papua New Guinea. (Photo courtesy of AFP)

The eight tourists were settled in their tents on Black Cat Track, a remote jungle clad, when a mob of six armed men struck around dusk. Two tour guides were hacked to death with machetes, one reportedly partially decapitated. Six others were seriously wounded, including one hiker who was speared through the leg.

“It started to rain and some of us were inside the tents when there was a whole lot of noise, shouting. I thought the boys had found a bush kangaroo, an animal or something like that.” one of the survivors, Nick Bennett told Channel Nine after arriving in the capital Port Moresby.

“Next thing, I thought ‘what’s going on’, I put my head outside the tent and smack – I thought I’d been shot actually. “ Bennett said of being hit with a rifle butt.

“Blood just erupted out of my head and I looked up and I saw this guy with a mask on standing over me, and then the whole thing unfolded. They were laying into the porter boys. I realized they were butchering the porters. It was just appalling and we’re very fortunate.” Bennett added.

Papua New Guinea Prime Minister Peter O’Neill said the attackers, once captured, would face the death penalty. “These are appalling crimes, and they attract the death penalty under laws passed by the national parliament.” he said.

No arrests have been made in relation to the attack, and the precise motive remains unclear. Papua New Guinea trackers and police are working to the find the group. Some suggest that local rivalries, or resentment at the beneficiaries of the trekking industry, were the cause.

The Australian hikers were transported and treated in Port Moresby where they were expected to meet with Australian high commissioner before flying home on Thursday.

Due to the attack, Australia has issued a warning for hikers wanting to take on Black Cat Track. The Black Cat Track is notorious for its toughness and takes an average of six days for experienced hikers to complete. The Tacks was the scene of vicious fights in 1943 between Australian and U.S. troops against Japanese forces.

For further information, please see:

BBC News – PNG machete attackers should ‘face death penalty’ – 12 September 2013

South China Morning Post – Trekkers attacked by PNG bandits tell of horror – 12 September 2013

IOL News – Tourists tell of PNG machete attack – 12 September 2013

Yahoo! News – Trekkers recount savage attack by PNG bandits – 12 September 2013

The Guardian – PNG prime minister calls for death penalty for trek attack – 12 September 2013