Turning Tables in Magnitsky Case, Russia Accuses a Nemesis of Murder
Turning Tables in Magnitsky Case, Russia Accuses a Nemesis of Murder
By
ANDREW E. KRAMEROCT. 22, 2017
The Moscow grave of Sergei L. Magnitsky, a Russian tax lawyer who was imprisoned in 2008 on trumped-up charges and died in jail. James Hill for The New York Times
MOSCOW — The case of Sergei L. Magnitsky, the Russian tax lawyer who was imprisoned in 2008 on trumped-up charges and died in jail, began as a tragedy. But now, after years of sanctions, countersanctions, bitter feuds and one noteworthy meeting in Trump Tower, the case seems to be entering the realm of farce.
Mr. Magnitsky, who worked for William F. Browder, a hedge fund manager who was once the largest foreign portfolio investor in Russia, was jailed on tax evasion charges while unraveling a $230 million government tax “refund” that Russian officials had fraudulently granted themselves.
He died in prison after being beaten and denied medical care, earning the Kremlin widespread condemnation.
Mr. Browder, who was living in London at the time, began lobbying Western governments to punish those responsible for Mr. Magnitsky’s death, an effort that bore fruit when the United States, Estonia and, s
most recently, Canada, imposed sanctions on Russians involved in Mr. Magnitsky’s death.
That
campaign touched off a nasty confrontation with the Kremlin, and the two sides have been trying ever since to undermine the credibility of the other. Recently, however, Russian prosecutors have taken that effort to a remarkable new level, claiming that Mr. Magnitsky was actually murdered by Mr. Browder.
A powerful law enforcement organization, the Investigative Committee of the Prosecutor General’s Office, is investigating Mr. Magnitsky’s death as a murder, presenting as evidence what it says are intercepted communications from Western intelligence agencies.
The theory was first floated in a
documentary broadcast on Russian state television last year, but widely brushed off as crude propaganda. It seemed aimed, as with many Russian disinformation campaigns, at muddying the waters around the issue without necessarily claiming to be credible.
It seems the prosecutors have been assembling the case since last year, but their activities came to light just this month when a lawyer representing Mr. Magnitsky’s family gained access to the court docket containing the information presented as evidence by the prosecutors.
“This is going on because my role in their troubles just seems to be escalating,” Mr. Browder said in a telephone interview, alluding to the sanctions. A Russian court has already convicted Mr. Browder in absentia of fraud in a case he called retaliation for his lobbying against the government of President Vladimir V. Putin.
Recently, Russian prosecutors have claimed that Mr. Magnitsky was murdered by William F. Browder, above, a hedge fund manager he was working for. Drew Angerer/Getty Images
“Basically, I’m their worst nightmare,” Mr. Browder said. “And their previous attempts to rein me in and get me back to Russia haven’t worked. It went from tax evasion, to more tax evasion, to fraud and libel, and now it is working its way up to murder.”
The case gained new prominence this summer after it emerged that a lawyer supporting the Russian government’s position had
met during last year’s presidential election with the senior leadership of the Trump campaign, including the chairman, Paul J. Manafort, and Mr. Trump’s son and son-in-law.
The new accusation is made all the more sinister for its absurd and at times cartoonish details.
Prosecutors contend that Mr. Browder had colluded with an agent of Britain’s foreign intelligence agency, MI-6, “to cause the death of S. L. Magnitsky,” by persuading Russian prison doctors to withhold care.
The motive, according to what prosecutors said were intelligence intercepts, was to drum up a scandal, or “a significant news trigger to discredit the Russian Federation in the eyes of the international community.”
While they were about it, the prosecutors used the so-called intercepts, written in grammatically flawed English, to wrap into the plot two other Kremlin nemeses —
Grigory A. Yavlinsky and
Aleksei A. Navalny, prominent Russian opposition politicians. The supposed scheme was called Operation Quake.
The prosecutors say that Mr. Browder was assigned the code name, Agent Solomon by Western intelligence, while Mr. Navalny was called Agent Freedom.
Referring to Agent Solomon, one filing recounts how he “was offered by proxies in the Russian Federal Penitentiary Service to arrange the termination of any medical services for Magnitsky.”
The measure that Mr. Browder campaigned for in the United States passed in 2012 as the
Sergei Magnitsky Rule of Law and Accountability Act. It denied visas and blocked access to the American financial system for Russians deemed to have committed human rights abuses and avoided punishment at home, including those involved in the Magnitsky tax fraud case.
Mr. Putin, perceiving an intrusion into his country’s affairs, campaigned hard against the measure. When it passed, he retaliated by
ending American adoptions of Russian children. The law became a prototype for the blacklisting of prominent Russians later applied in new sanctions laws during the Ukraine crisis.
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