“At the same time that their government is trying to convince people that our justice system isn’t all it’s cracked up to be, their oligarchs prefer to use our justice system to fight out their battles,' said Suzanne Spaulding, a former undersecretary for the National Protection and Programs
Before special counsel Robert Mueller submitted his 448-page report to the Department of Justice in March, the special counsel’s team had argued in court against handing over sensitive evidence to Concord Management, a Russian company caught up in the sweeping investigation into Russian election interference.
This case, which sucked up innumerable hours and energy from U.S. law firms, lawyers, and judges, is just one example of how ill-equipped the American justice system is to respond to politically motivated cases from abroad and to Russia’s manipulation of the U.S. justice system, experts argue. The Prevezon Holdings case involved a major tax fraud scheme uncovered by Russian lawyer Sergei Magnitsky, who died in a Russian jail under suspicious circumstances in 2009. His death led Congress to pass the 2012 Magnitsky Act, which sanctioned all individuals believed to be involved in the lawyer’s untimely death. Prosecutors claimed that Prevezon Holdings helped a Russian criminal organization launder the money from the tax fraud scheme through high-end real estate in New York.
“The point of Section 1782 is that Congress has made a determination that we want our courts to help parties involved in foreign litigation to obtain discovery, in the hopes that when our courts need something from a foreign court they will recognize the assistance that the U.S. has provided and will accommodate us as well,” Robert Weigel, a lawyer who has represented several Russians being targeted using 1782, told Newsweek.
“Igor Sechin, now the CEO of [Russian state-owned oil giant] Rosneft, had struck a deal when he was deputy minister to Mr. Putin, he struck a deal with Yukos’ banks that if the banks forced us into bankruptcy in December 2005 their loans would be repaid and they wouldn’t have to worry about any bad debt,” Bruce Misamore, previously the chief financial officer for Yukos, explained to Newsweek.
“There are always U.S. law firms that are happy to do the job. The more crooked the person is the better they pay,” Aslund told Newsweek. “And what happens is that nobody writes about the law firm, because if you write about the law firm then you will get sued.” “Three U.S. laws are particularly popular among Russian state actors with regard to manipulating the system: Title 28 of the US Code § 1782 on judiciary and judicial procedure, Chapter 15 of the U.S. Bankruptcy Code, and actions for recognition or enforcement of Russian judgments," the report reads.
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