Magnitsky found guilty of fraud

A court in Moscow has found late Russian lawyer Sergei Magnitsky guilty of tax fraud.

Sergei Magnitsky’s family have maintained that his trial was illegal

Magnitsky was arrested in 2008 after accusing officials of tax fraud but was later himself accused of those crimes.

His death in custody a year later led to a major diplomatic dispute between Russia and the United States.

William Browder, the CEO of London-based Hermitage Capital Management which Magnitsky represented, was also found guilty of tax fraud.

Browder, a US-born British citizen – was being tried in absentia. He denies the charges and was said the trial is politically motivated.

Judge Igor Alisov is still reading out the verdict. Browder’s sentence not yet been handed down.

A lawyer for the Magnitsky family told Russia’s Rapsi news agency: “I did not doubt that the decision would look like this.”

“I know that he committed no crimes.”

‘Magnitsky act’

Russian prosecutors had asked Moscow’s Tverskoi district court to convict Magnitsky and then immediately dismiss the case because of his death.

It is believed to be the first time in Soviet or Russian history that a defendant was tried posthumously.

Magnitsky’s relatives regard the case as illegal.

Employed as an auditor for Hermitage, Magnitsky uncovered what he described as a web of corruption involving Russian tax officials, including the alleged theft of more than $200m (£125m).

After reporting the allegations to the authorities, he was himself detained on suspicion of aiding tax evasion.

He had pancreatitis and died in custody in 2009, but an investigation by Russia’s presidential council on human rights concluded that he had been severely beaten and denied medical treatment.

Last December, a Russian court acquitted a prison doctor accused of negligence over Mr Magnitsky’s death.

The Russian prosecutors were also pressing for Browder to be sentenced in absentia to nine years in prison on the same tax fraud charges.

He has described the charges filed against him as an “absurdity” and revenge for his campaign to put pressure on Russia over the Magnitsky case.

Speaking to the BBC on Wednesday, he said the trial was “proof” that President Vladimir Putin “will use the courts in order to cover up his economic crimes”.

“This entire process has been done because Sergei Magnitsky discovered a vast $230m fraud by the Russian state and blew the whistle on the officials who orchestrated the crime, and for that he was tortured and killed in police custody and then prosecuted afterwards,” he said.

“Instead of Putin bringing justice he exonerated all the officials involved and prosecuted the whistle blowers.

He said he did not believe he would be arrested if convicted.

Interpol has said it considers the trial politically motivated and Mr Browder said it was his expectation “that no Western country will co-operate with the Russians”.

“We will carry on in our fight for justice for Sergei Magnitsky as long as it takes,” he said.

Last year, the US passed the Magnitsky Act, blacklisting Russian officials accused of human rights violations.

In response, Russian President Vladimir Putin signed a law barring Americans from adopting Russian orphans.

Agencies

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