Documents That Were Supposedly Shared With Trump Jr by Natalia Veselnitskaya
In the WSJ Natalia Veselnitskaya was quoted as saying:
She said her meeting wasn’t coordinated with official Russian government structures. She did, however, share information similar to what the Russian prosecutor general’s office gave to Rep. Dana Rohrabacher (R., Calif.) in a Moscow meeting two months earlier. Namely, she said she wanted to inform the Trump campaign of allegations that an American firm Mr. Browder worked with, Ziff Brothers Investments, had dodged taxes in Russia and later donated to Democrats.
According to leaksource the emails that were provided from the Robert Otto leak contained the following email:
Where the following court documents were an attachment:
It contains 3 documents. The first is the defense arguments concerning Prevezon holdings vs Hermitage/HSBC/US government.
The second document was this one:
Where the following text is found:
In addition to Hermitage Fund, one of Browder's largest investing customers was a US Group – Ziff Brothers Investments.
In the period of late 1999 to 2004, two companies – Speedwagon Investors 1 and 2, registered in New York, and owned by the said US investors, acing through three Cypriot companies, Giggs Enterprises Limited, Zhoda Limited, Peninsular Heights Limited illegally acquired more than 133 million Gazprom shares in the amount exceeding USD 80 million in the name of Russian companies Kameya, Lori, Excalibur, Sterling Investments.
Once Browder's activities drew the attention of the Russian law enforcement authorities, and he was not allowed any more to visit Russia on a tourist visa, in January 2006 all the assets controlled by Ziff Brothers Investments were removed from the jurisdiction of the Russian Federation. In 2006 US owners of the chain of companies mentioned above gained an income of over USD 800 million, including 66 million Gazprom shares received as dividends. According to the preliminary estimates, the damage to the Russian budget in the form of unpaid taxes from those activities exceeded RUB 1 billion. There is every reason to believe that the investment activity was not declared and was not included in the reports to the US Securities Committee and US tax authorities, and no taxes were paid by US companies on the income received as a result of the turnover of the shares of the Russian companies.
The third document is the transcript of a court day where the US government on behalf of HSBC is attempting to get a summary judgment of fraud ruled so that they can establish that the defendants were actually laundering money and buying real estate in the US.
This document is a must read in order to get some bearings on what this about. The US government was asking the court to rule a summary judgment that fraud was committed in Russia so that they can proceed to build a money laundering case. They attempted to sneak in a judgment that HSBC was defrauded through three subsidiaries by getting the judge to agree that of course fraud happened in Russia. The different statements were paired. One that the Russian treasury was defrauded, the second that HSBC was defrauded as well. By getting the judge to rule that Russian treasury was defrauded it was automatically supposed to include that HSBC was defrauded as well. The defendants argued that this is conflating two things. No one denies that the Russian treasury was defrauded, but there is a lot of contention of facts on the claim that it was HSBC that was defrauded. Some snippets:
MR. CYMPROT: Yes, Ok, So the government's claim is that these three companies were illegally taken from HSBC Guernsey as a trustee. And we have witnesses who are agents of Hermitage who said they authorized those transfers. So that's contested. That's contested with their own witnesses.
The next thing is that there were false contracts created and lawsuits that were filed to create liabilities. We have shown that Hermitage had notice of those lawsuits, they knew about them, so they were not false lawsuits that some organization created. They were on notice of these lawsuits. And they didn't do anything that suggests that they were involved.
The next thing is that they say there were certificates stolen by the Russian interior ministry police in order to get certificates that were used in the tax returns. That has been disputed.
So every step of the alleged fraud against HSBC has been disputed with very specific facts. And what it comes down to, Judge, is, the government alleges there was an organization, unnamed, mysterious organization that did all this, and the evidence points that Hermitage and MR Browder did it. This is the heart of the dispute. And HSBC is MR. Browser's agent. They were not defrauded.
The judge figured out the game that was being played and called out the government lawyers:
MR MONTELEONI: I apologize, your Honor. The government's view is that there is not a genuine dispute under Rule 56 that the basic fraud included fraud on HSBC.
COURT: I know that. But I'm asking you a little different question.
MR. M: I apologize.
Court: And that is, suppose in my mind there are what I'll call two phases of what you just said. One is the fraud that occurred in Moscow. The second phase occurred, the fraud against HSBC Guernsey.
MR M: Yes.
The Court: You hear what I'm saying.
MR M: All right.
The judge denied the governments request for a summary judgment.
Submitted July 19, 2017 at 03:58PM by williamsates
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