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98G
12-27-2010, 20:00
Russian oil tycoon Khodorkovsky convicted (again)

Washington Post, Catherine Belton and Isabel Gorst
Monday, December 27, 2010; 4:18 PM

MOSCOW - A Russian judge has convicted Mikhail Khodorkovsky, the jailed Yukos oil tycoon, and his former business partner, Platon Lebedev, of embezzlement and money laundering in a politically charged trial that has provoked condemnation from the United States.

Reading the verdict on Monday, Viktor Danilkin, the judge, told a packed courtroom that Khodorkovsky and Lebedev had "embezzled property belonging to others by using their official positions." The verdict could keep the Kremlin foes in jail for six more years.

...

Khodorkovsky, once Russia's richest man, is accused of stealing $27 billion of oil, or all of the commodity his company produced between 1998 and 2000, and all the oil it exported between 2000 and 2003, and then laundering the proceeds.

Even critics of Khodorkovsky, who amassed vast wealth in the chaos of the 1990s but then transformed himself from corporate governance pariah to investor darling, say the charges that he stole such quantities of oil are absurd.

The new charges come on top of the eight-year sentence Khodorkovsky and Lebedev received in 2005 for fraud and tax evasion in a seven-year legal onslaught that has defined the Russia of Vladimir Putin, the country's president-turned-prime minister.

Khodorkovsky's arrest in 2003 marked a turning point in Putin's presidency that led to the stifling of political opposition and the state takeover of the economy's commanding heights.

Investors said the conviction presented a lost opportunity for the Kremlin as it seeks to convince business that it is improving its investment climate.

Public opinion in Russia has changed since Khodorkovsky's arrest in 2003, said Gennady Gudkov, deputy head of the security committee in the Russian parliament and a key member of the country's establishment.

Then, Khodorkovsky's case was seen by many in the country as an indictment on the chaotic 1990s when a handful of oligarchs had won valuable state assets for a song and then attempted to deploy their wealth to influence policy in their own favor. Things are different now. "People have begun to feel sorry for Khodorkovsky. It is exactly the opposite of what they felt 10 years ago," Gudkov said.

Alexander Rahr, a Russia expert at the German Council on Foreign Relations, said human rights groups were now comparing Khodorkovsky to Soviet-era dissidents such as the nuclear scientist Andrei Sakharov or novelist Alexander Solzhenitsyn.

"I'm very wary about making comparisons with these sorts of people, who fought for freedom," said Rahr. "Khodorkovsky fought only for his business."- Financial Times

Here is the AP article summarizing Putin's TV interview predicting (or dictating) the outcome before the verdict was announced.

Russia's Putin: Khodorkovsky 'should sit in jail'

By LYNN BERRY
The Associated Press
Thursday, December 16, 2010; 12:35 PM
MOSCOW -- Russian Prime Minister Vladimir Putin declared Thursday that former oil tycoon Mikhail Khodorkovsky is a proven criminal and "should sit in jail," a statement denounced as interference in the trial of a Kremlin foe whose case has come to symbolize the excesses of Putin's rule.
...

Putin was in his first term as president when Khodorkovsky, then Russia's richest man, was arrested in 2003 after funding opposition parties in parliament and challenging Kremlin policies.

Khodorkovsky's lawyers and supporters said Putin's comments during his annual televised call-in show would put undue pressure on the judge as he deliberates and exposed Putin's role as a driving force behind the seven-year legal onslaught.

...

In addition to saying Khodorkovsky was guilty of economic crimes, Putin once again suggested the former oligarch had ordered the killings of people who stood in his way as he turned Yukos into Russia's largest oil company. Khodorkovsky, whose oil company was taken over by the state, has not been charged with any violent crime.

Putin reminded television viewers that the former Yukos security chief was convicted of involvement in several killings.

"What? Did the security service chief commit all these crimes on his own, at his own discretion?" he said.

Putin said Khodorkovsky's present punishment was "more liberal" than the 150-year prison sentence handed down in the U.S. to disgraced financier Bernard Madoff, who cheated thousands of investors with losses estimated at around $20 billion.

"Everything looks much more liberal here," Putin said. "Nevertheless, we should presume that Mr. Khodorkovsky's crimes have been proven."

...

The case has been seen as a test for President Dmitry Medvedev, who has promised to establish independent courts and strengthen the rule of law in Russia.

Associated Press writer Nataliya Vasilyeva contributed to this report.

98G Editorial Note: Issues with Russia have tipped left us without a comprehensive strategy since the Reagan and Bush Sr. era – partially due to a lack of policy and partially due to Russia’s internal economic struggles which allow for easier compromise on civil rights for Russian citizens trying to survive the transition from a failed economic system. It would be great if this could stay a Russian Area Studies string as the previous 5 years of the Bush administrations used almost identical language as the current administration. We seem to have lost the opportunity for a Russian policy when the Soviet Union imploded and Yeltsin had a tentative control of a fledgling Russian democracy. The question is where we go from here.

Here is the original sentencing report from 2005.

New York Sun

Khodorkovsky Gets 9-Year Sentence
By MICHAEL MAINVILLE, Special to the Sun | June 1, 2005

MOSCOW - Bringing an end to the most closely watched and politically charged criminal trial in Russia's post-Soviet history, a Moscow court yesterday sentenced former oil magnate Mikhail Khodorkovsky to nine years in prison and ordered him to pay vast sums in taxes and fines.

During a Washington press conference, President Bush expressed some concern over the handling of the case.

The court found Mr. Khodorkovsky, 41, guilty of six of seven charges of fraud and tax evasion. The sentence, one year short of the maximum demanded by prosecutors, will be reduced by the 583 days he has already spent in jail since being snatched from his private jet by special forces in October 2003.

The verdict had long been seen as a foregone conclusion, with critics charging that the Kremlin orchestrated the case in order to destroy one of President Putin's political rivals and seize control of Mr. Khodorkovsky's oil firm, Yukos.

...

Mr. Khodorkovsky's co-defendant and business associate, Platon Lebedev, was found guilty of the same charges and given the same sentence.

The two men were also ordered to pay more than $614 million in taxes and penalties owed by companies with which they were involved. Mr. Khodorkovsky was additionally ordered to pay $42.5 million in income taxes and Mr. Lebedev to pay $581,000.

...

It took the court a record 12 days to read out the verdict in the 11-month trial - a delay the defense said was a ploy designed to sap interest in the case.

Mr. Khodorkovsky's mother, Marina, said the verdict was certain in country ruled by Mr. Putin, a Soviet-era KGB agent.

"We lost our son on the day when Putin came to power," she said. "We are old people, and we know from our own experience who they are, these KGB people."

The trial has raised alarm in the West about the decline of democracy in Russia and the high risk of doing business there. Throughout the trial, Mr. Khodorkovsky watched from behind bars as the government crushed Yukos - once Russia's largest oil firm and most profitable company - under the weight of enormous back-tax claims. State firms eventually snapped up Yukos's core assets in auctions widely criticized as Kremlin-rigged.

Yukos announced shortly after the verdict that it had filed a court challenge seeking $11.6 billion in damages from the Russian government.

Speaking to reporters in Washington, Mr. Bush said yesterday that he had personally "expressed my concerns about the case" with Mr. Putin.

"As I explained to him, here you're innocent until proven guilty, and it appeared to us - at least people in my administration - that it looked like he had been judged guilty prior to [having] a fair trial," Mr. Bush said. He said America is "watching the ongoing case" and now wants to see "how the appeal will be handled."

Western sympathy for Mr. Khodorkovsky, whose fortune was once estimated at $15 billion, is hardly echoed among ordinary Russians, most of whom view Russia's wealthy oligarchs as robber barons. Mr. Khodorkovsky was among the handful of well-connected businessmen who seized control of vast swathes of the Russian economy in the 1990s under dubious privatization schemes that left millions of Russians penniless.

The last paragraph from 2005 is pretty accurate from my 6 years there. Khordorkovsky is an interesting barometer for Russia today. Russians have trouble identifying with him as a dissident but more of a tax evader and potential embezzler. They may not trust the government but they also mistrust the wealthy – especially the oligarchs. It may take a while, but getting Russia to be an ally would certainly help us in the Middle East and further isolate North Korea. The question is how to get them there from here.

Merry Christmas, Richard!

Richard
12-29-2010, 07:15
Power politics in the former USSR and shades of pre-antitrust America circa late 19th and early 20th Century America.

How does one say "The Kingfisher" in Russian? ;)

And so it goes...

Richard :munchin

Moscow Court Finds Khodorkovsky Guilty
Der Spiegel, 27 Dec 2010

As trial verdicts go, it did not come as much of a surprise: Mikhail Khodorkovsky has been found guilty.

Russian news agencies reported Monday that a Moscow judge had found the former oil tycoon and his business partner Platon Lebedev guilty of theft and money laundering. Their sentences are not yet known as the verdict is still being read out, which is expected to take several days. The journalists present were ejected from the court after the guilty verdict was announced, without the judge giving a reason.

Khodorkovsky was charged with stealing the entire oil production of his firm Yukos between 1998 and 2003 and laundering the revenues. The charges have been criticized as absurd, with even government ministers calling the accusations illogical.

It is Khodorkovsky's second trial. He is already serving an eight-year sentence for fraud and tax evasion, and was due to be released in October 2011. The new verdict means he may remain in prison until 2017.

'A Test of the Rule of Law'

The German government's commissioner for human rights, Markus Löning, told the German news agency DPA that he was "deeply angered" about the guilty verdict, calling it "an example of political abuse of the justice system." "The verdict does not cast the conditions in Russia in a good light," he said.

Ulrich Brandenburg, Germany's ambassador to Russia, told the Interfax news agency on Saturday that the trial was "considered a test of the rule of law in Russia."

Police detained 20 protesters outside the Moscow courthouse on Monday, according to Interfax. Hundred of demonstrators had gathered to hear the verdict.

Observers claim that both cases were politically motivated. They suspect that Prime Minister Vladimir Putin, who as president had Khodorkovsky put on trial in 2003, wants to keep the former oligarch locked up until after Russian presidential elections in 2012, where Putin may run for Russia's top job again. In a recent television interview, Putin described Khodorkovsky as a "thief" who deserved to remain in prison.

In the 1990s, Khodorkovsky was the embodiment of Russia's new predatory oligarchs. He went on to turn the run-down state corporation Yukos into Russia's most modern oil company and also financed opposition parties. Since his arrest and imprisonment, he has become a symbol of the abuse of the rule of law in Russia.

http://www.spiegel.de/international/world/0,1518,736659,00.html

What Rule of Law?
NYT, 28 Dec 2010

President Dmitri Medvedev of Russia claims to champion the rule of law. He also claims that he, not Prime Minister Vladimir Putin, calls the shots in Moscow. Mr. Medvedev can prove both true by using his pardon power to ensure that Mikhail Khodorkovsky faces no additional prison time after being convicted on trumped-up embezzlement charges this week. Mr. Khodorkovsky, once Russia’s richest man, has already served seven years as a result of Mr. Putin’s judicial vendetta against him.

Unfortunately, everything about Mr. Khodorkovsky’s latest prosecution suggests that Russia’s judiciary is still under Mr. Putin’s thumb and Mr. Medvedev’s talk of reform is just talk. Mr. Putin did not even wait for the trial to conclude before pronouncing Mr. Khodorkovsky guilty and demanding a lengthy new sentence.

Mr. Khodorkovsky is no paragon of virtue. He made his fortune through political connections and suspect deals in the early days of Russian capitalism. Later though, as the leader of the private oil conglomerate Yukos, he began to understand that transparency was good for business. He also became an advocate of political reform — and a bankroller of reform causes and candidates — thereby drawing Mr. Putin’s enmity.

Mr. Khodorkovsky’s early days as a robber baron may have left him legally vulnerable. But his 2005 conviction for tax fraud reeked of selective prosecution. Other oligarchs who steered clear of politics were not prosecuted. Then, as his sentence neared completion, the new charges were brought as a way of keeping him in jail and out of politics at least through the 2012 presidential election. Mr. Khodorkovsky plans to appeal.

After this week’s verdict, the White House rightly expressed strong concerns about “abusive use of the legal system” and warned that Russian hopes for better relations with the United States and more foreign investment could both suffer.

The same judge who found Mr. Khodorkovsky guilty will now decide whether to impose a second, potentially lengthy, sentence. He should ignore Mr. Putin and let Mr. Khodorkovsky go free. If the judge fails to do his duty, and the conviction is not overturned on appeal, President Medvedev must use his pardon power. Both justice and Mr. Medvedev’s credibility are on the line.

http://www.nytimes.com/2010/12/29/opinion/29wed2.html?_r=1&ref=global-home

98G
12-30-2010, 07:58
Found guilty on Monday, the judge has now ruled on the length of the sentence. Keeps him and his money out of the 2012 election. Khordorkovsky has been working on his image in jail. He becomes more popular every year. Russia is a country where a stint in prison is easily viewed as political and in that respect, admired. If you google old pictures of him, he looks like a typical film version of an Eastern European playboy/gangster. It is quite a transformation.

AP – MOSCOW – Jailed Russian oil tycoon Mikhail Khodorkovsky was sentenced to six more years in prison Thursday following a trial seen as payback for his defiance of Vladimir Putin's power.

Judge Viktor Danilkin sentenced Khodorkovsky to fourteen years after convicting him of stealing oil from his own company and laundering the proceeds, but the judge said the new sentence is counted from his 2003 arrest and includes his previous term in jail. Khodorkovsky is in the final year of an eight-year prison sentence.

Putin, now prime minister, is seen as the driving force behind the trial of Khodorkovsky, who challenged him during his presidency. Eyeing a return to the presidency in 2012, Putin appears unwilling to risk the possibility that a freed Khodorkovsky could help lead his political foes.

Following his 20-month second trial, the judge convicted Khodorkovsky and his business partner Platon Lebedev on charges of stealing around $27 billion worth of the oil that his Yukos company produced from 1998 to 2003 and laundering the proceeds. Defense lawyers said much of the judge's verdict was copied from the indictment and the prosecutors' final arguments.

The judge also sentenced Lebedev to fourteen years.

The defense called the charges ridiculous, saying they reflected the lack of understanding of the oil business, including the payment of transit fees and export duties.

The outcome of the second trial exposes how little has changed under President Dmitry Medvedev despite his promises to strengthen the rule of law and make courts an independent branch of government. The Russian Foreign Ministry has dismissed Western criticism of the trial as unacceptable pressure.

98G
12-30-2010, 09:50
The verdict was 800 pages long and the amount of oil he and his business partner would have had to embezzle was the equivalent to the entire production of Yukos for that period.

The verdict that may shake Russia
By Andrei Ostalski
Russian affairs analyst

The former oil tycoon was first arrested in 2003 on charges of tax evasion involving his company, Yukos. The most important court trial in modern Russian history has drawn to an end.

It is widely believed that by finding former oil tycoon Mikhail Khodorkovsky and his business partner Platon Lebedev guilty of embezzlement, the judge has ruled on something much more important than the fate of two defendants.

Many in Russia assumed that the outcome of the trial would foretell the result of the next presidential election in 2012.

According to this theory, an acquittal or even just a lenient sentence would indicate a possibility of incumbent Dmitry Medvedev serving another term.

A harsh sentence meanwhile would mean that his predecessor, current Prime Minister Vladimir Putin, is still calling all the shots and is determined to return to the Kremlin.

In his second tenure, liberals hoped, Mr Medvedev would try to get out of his powerful mentor's shadow and shake off some of the KGB-associated legacy that, to a great extent, has shaped the domestic and international policies of Russia in the past decade.

It is thought that Mr Putin's comeback, meanwhile, will entail further tightening of the screws and a prolonged period of enforced "stability" which, in the eyes of his critics, means nothing but all-permeating stagnation and corruption.

To illustrate the point protesters outside the court on Monday were holding two pictures of Mikhail Khodorkovsky: one with Mr Putin and the other with Mr Medvedev.

Former tycoon

Mr Khodorkovsky and his partner have been accused of stealing some $25bn (£16bn) worth of oil - or practically all the oil that their company, Yukos, produced in 1998-2000, and all the oil it exported in 2000-03, and then laundering the proceeds.

Independent jurists say they find the charge absurd. But plenty of observers said the same thing about many of the charges at the previous trial in 2005.

Last time, Mr Khodorkovsky and Mr Lebedev were found guilty of underpaying billions of dollars in taxes. The figure was so extraordinarily high that on appeal the Moscow city court slashed it six times while bizarrely reducing the length of the prison sentence by one year only - from nine to eight years.

Whatever its legal merit, very few people are prepared to take the new case against Mr Khodorkovsky at face value. Even the worst enemies of the former tycoon are convinced that he is in the dock for something else.

Interestingly, that seems to include Mr Putin himself: in one of his recent interviews the prime minister spoke in support of a lengthy prison sentence for the former billionaire, citing some other alleged crimes that the defendant has never been charged with.

And then, a few weeks later, he restated again that to his mind Khodorkovsky is a proven criminal and "should sit in jail", a statement denounced by critics as interference in the trial.

The hopes of acquittal were raised when President Medvedev seemed to openly contradict the prime minister, publicly stating his view that no official should try to pre-empt the court's decision.

Some commentators went so far as to describe that as "a sensation", signalling "a major crack in the ruling tandem". This assumption has proved to be a gross exaggeration.

Mr Khodorkovsky is not popular with ordinary Russians - they cannot forgive him for getting immensely rich in the 1990s.

Many see the guilty verdict as a strong indicator of the direction that Russia is going to take. But the selectiveness of Russian justice has registered by now - the public has realised that only those "oligarchs" who dare to stand up to the authorities have problems with the law.

Only 13% of those polled in September by Levada Center said they believed the charges, down from 29% in February. (Roughly twice as many, 24%, said they did not believe the charges.)

Mr Khodorkovsky made a lot of enemies among the ruling elite and his fellow businessmen by insisting early this century on adopting Western standards of transparency for his businesses while the rest continued to cloak their affairs in secrecy.

It is rumoured that he made another fatal mistake by refusing to "share" his huge earnings with the powerful bureaucrats who are used to regular backhanders, something meekly accepted by the Russian business community as a necessary evil.

In other words, Mr Khodorkovsky challenged the very foundations of the oligarchic system, the symbiosis of power and wealth that makes Russia what it is now.

And then, on top of all that, he offered financial support to opposition political parties in order, as he put it, to develop pluralism in the country. And that, probably, was the last straw.

There were hopes that in order to preserve his sound professional reputation judge Viktor Danilkin could go against the grain. Had he acquitted the defendants, it might have created a powerful precedent greatly encouraging all those who want to see their country change. In the end it did not happen.

It is not easy to break the deeply-rooted Stalinist tradition of seeking to satisfy the nation's rulers while disregarding the facts or intricacies of the law.

Some have even noticed the irony: Russia seems to have returned to the days of second trials that were common in Stalin's days: sending people back behind bars when their release became imminent. Many see the guilty verdict as a strong indicator of the direction that Russia is going to take.

"This sentence will determine a lot if not everything in the development of our political and social situation as we all desperately need real justice and independent courts," said Leonid Parfenov, one of the most popular Russian television presenters.

To Mr Khodorkovsky himself the ruling apparently did not come as a surprise. He was seen indifferently reading a book in his glass-and-steel cage while the judge went on reading out the long verdict.

"I am ready to die in jail," he said in his last word to the court in November, while strongly reiterating his innocence.

Not everybody took the verdict as a defeat. Some of the former businessman's supporters believe that such an openly biased trial and verdict will dramatically increase his popularity.

"Khodorkovsky is the name of the next Russian president," said a post on a popular Russian Twitter feed.

Richard
05-31-2011, 06:35
Meanwhile...not back in the USSR...

Russia adjusts to life in the EU.

Richard :munchin

Court: Khodorkovsky's Rights Violated
USAToday, 31 May 2011

The European Court of Human Rights has ruled that Russian oil magnate Mikhail Khodorkovsky's rights were violated after his arrest in 2003 and ordered Russia to pay him — $35,000 in damages and court costs.

The court in Strasbourg, France, said Tuesday it found violations in the conditions Khodorkovsky faced in court and in a remand prison, the length of time he was held pending investigation and trial, and in procedural flaws related to his detention.

The court rejected Khodorkovsky's complaint that the prosecution against him was politically motivated.

Khodorkovsky — once Russia's richest man and seen as a political threat to Vladimir Putin— has been behind bars for nearly eight years.

A Moscow appeals court last week upheld his second conviction on charges of stealing oil from his own company.

http://www.usatoday.com/news/world/2011-05-31-russia-khodorkovsky_n.htm?csp=YahooModule_News

Dusty
05-31-2011, 07:04
Anybody else have to Google "oligarch"? :D

Texas_Shooter
05-31-2011, 16:17
Putin specifically told all the Oligarchs to stay out of the political arena, but Khodorkovsky ignored him, and this is what will happen when you mess with Vladimir Putin.

greenlight
05-31-2011, 16:37
Anybody else have to Google "oligarch"? :D

Yep me lol,
...............................
I can't see them letting him out of Prison, his money makes him powerful and too much opposition. From memory its 2016 he's due for release, (correct me if I'm wrong) but I'll bet a pound to a penny he won't be out then.