Wednesday, April 11, 2012
Russia drops charge against doctor at prison where lawyer who reported corruption died
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MOSCOW - Russia's top investigative body said Monday it has dropped charges against a doctor suspected of negligence in the case of a prominent lawyer who reported official corruption in Russia, then died in custody while suffering from untreated pancreatitis.
The lawyer, Sergei Magnitsky, had accused Interior Ministry officials of using false tax documents to steal $230 million from the state. He was imprisoned for tax evasion in 2008 and died in custody in November 2009.
A private investigation concluded Magnitsky was severely beaten and denied medical treatment in prison, and it accused the government of failing to prosecute those responsible.
Magnitsky worked for Hermitage Capital, an investment fund owned and run by U.S.-born William Browder, who has since been barred from Russia as a security risk.
On Monday, Russia's Investigative Committee dropped the negligence charge against Dr. Larisa Litvinova, citing a two-year statute of limitations in such probes.
Hermitage Capital sharply criticized the decision, calling it "the latest example of the reluctance within the Russian government to hold anyone accountable" for Magnitsky's death.
"In dropping charges against Ms. Litvinova, the Russian investigators have refused to acknowledge that Sergei Magnitsky had been tortured in custody, a crime that has a 10-year statute of limitations," the investment fund said in a statement.
The lawyer's death was seen as a litmus case for Russian President Dmitry Medvedev's pledge to cement rule of law in Russia. Investors working in Russia have said Magnitsky's death and allegations of torture highlight corruption and the arbitrary nature of Russia's justice system.
Shortly after Magnitsky's death, Medvedev pledged to personally oversee the investigation which has been on for more than two years and is due to be wrapped up later this month.
But the Investigative Committee said Monday it has closed the investigation of Litvinova, the chief physician at the Butyrskaya prison where Magnitsky died, because of the statue of limitations. She was charged with negligence that led to Magnitsky's death, while the prison's deputy chief, Dmitry Kratov, was charged with negligence. The charge was not dropped against Kratov on Monday.
Magnitsky's family and colleagues have accused authorities of delaying the probe and charging only perpetrators, rather than those who might have ordered the lawyer's persecution.
In an apparent response to these claims, the Investigative Committee said Monday that the probe has taken so long because of lengthy medical procedures and the fact that Litvinova and Kratov were both hospitalized for two months last year for unexplained reasons.
The statue of limitations for the charge that Litvinova faced was shortened by Medvedev's amendments to the Criminal Code aimed at reducing the number of crimes that entail criminal liability. Medvedev proposed these amendments in response to criticism of the treatment of jailed businessmen, which was largely inspired by Magnitsky's case.
Investigators have recently re-opened a tax evasion probe against Magnitsky, even though he is dead, saying that it would give his relatives a chance to clear his name. But his family has objected to that, saying it never requested such an opportunity.
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Tuesday, April 10, 2012
Russia drops charges in lawyer's prison death
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MOSCOW (AP) — Russia's top investigative body said Monday it has dropped charges against a doctor suspected of negligence in the case of a prominent lawyer who reported official corruption in Russia, then died in custody while suffering from untreated pancreatitis.
The lawyer, Sergei Magnitsky, had accused Interior Ministry officials of using false tax documents to steal $230 million from the state. He was imprisoned for tax evasion in 2008 and died in custody in November 2009.
A private investigation concluded Magnitsky was severely beaten and denied medical treatment in prison, and it accused the government of failing to prosecute those responsible.
Magnitsky worked for Hermitage Capital, an investment fund owned and run by U.S.-born William Browder, who has since been barred from Russia as a security risk.
On Monday, Russia's Investigative Committee dropped the negligence charge against Dr. Larisa Litvinova, citing a two-year statute of limitations in such probes.
Hermitage Capital sharply criticized the decision, calling it "the latest example of the reluctance within the Russian government to hold anyone accountable" for Magnitsky's death.
"In dropping charges against Ms. Litvinova, the Russian investigators have refused to acknowledge that Sergei Magnitsky had been tortured in custody, a crime that has a 10-year statute of limitations," the investment fund said in a statement.
The lawyer's death was seen as a litmus case for Russian President Dmitry Medvedev's pledge to cement rule of law in Russia. Investors working in Russia have said Magnitsky's death and allegations of torture highlight corruption and the arbitrary nature of Russia's justice system.
Shortly after Magnitsky's death, Medvedev pledged to personally oversee the investigation which has been on for more than two years and is due to be wrapped up later this month.
But the Investigative Committee said Monday it has closed the investigation of Litvinova, the chief physician at the Butyrskaya prison where Magnitsky died, because of the statue of limitations. She was charged with negligence that led to Magnitsky's death, while the prison's deputy chief, Dmitry Kratov, was charged with negligence. The charge was not dropped against Kratov on Monday.
Magnitsky's family and colleagues have accused authorities of delaying the probe and charging only perpetrators, rather than those who might have ordered the lawyer's persecution.
In an apparent response to these claims, the Investigative Committee said Monday that the probe has taken so long because of lengthy medical procedures and the fact that Litvinova and Kratov were both hospitalized for two months last year for unexplained reasons.
The statue of limitations for the charge that Litvinova faced was shortened by Medvedev's amendments to the Criminal Code aimed at reducing the number of crimes that entail criminal liability. Medvedev proposed these amendments in response to criticism of the treatment of jailed businessmen, which was largely inspired by Magnitsky's case.
Investigators have recently reopened a tax evasion probe against Magnitsky, even though he is dead, saying that it would give his relatives a chance to clear his name. But his family has objected to that, saying it never requested such an opportunity.
In a ruling posted on its website Monday evening, Russia's highest court declined to review a petition by Magnitsky's mother questioning the legality of the posthumous tax evasion probe because she is not party to it. The Constitutional Court also confirmed the legality of the new investigation.
Russia drops charges in lawyer's prison death - Seattle Post Intelligencer
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MOSCOW (AP) — Russia's top investigative body said Monday it has dropped charges against a doctor suspected of negligence in the case of a prominent lawyer who reported official corruption in Russia, then died in custody while suffering from untreated pancreatitis.The lawyer, Sergei Magnitsky, had accused Interior Ministry officials of using false tax documents to steal $230 million from the state. He was imprisoned for tax evasion in 2008 and died in custody in November 2009.A private investigation concluded Magnitsky was severely beaten and denied medical treatment in prison, and it accused the government of failing to prosecute those responsible.Magnitsky worked for Hermitage Capital, an investment fund owned and run by U.S.-born William Browder, who has since been barred from Russia as a security risk.On Monday, Russia's Investigative Committee dropped the negligence charge against Dr. Larisa Litvinova, citing a two-year statute of limitations in such probes.Hermitage Capital sharply criticized the decision, calling it "the latest example of the reluctance within the Russian government to hold anyone accountable" for Magnitsky's death."In dropping charges against Ms. Litvinova, the Russian investigators have refused to acknowledge that Sergei Magnitsky had been tortured in custody, a crime that has a 10-year statute of limitations," the investment fund said in a statement.The lawyer's death was seen as a litmus case for Russian President Dmitry Medvedev's pledge to cement rule of law in Russia. Investors working in Russia have said Magnitsky's death and allegations of torture highlight corruption and the arbitrary nature of Russia's justice system.Shortly after Magnitsky's death, Medvedev pledged to personally oversee the investigation which has been on for more than two years and is due to be wrapped up later this month.But the Investigative Committee said Monday it has closed the investigation of Litvinova, the chief physician at the Butyrskaya prison where Magnitsky died, because of the statue of limitations. She was charged with negligence that led to Magnitsky's death, while the prison's deputy chief, Dmitry Kratov, was charged with negligence. The charge was not dropped against Kratov on Monday.Magnitsky's family and colleagues have accused authorities of delaying the probe and charging only perpetrators, rather than those who might have ordered the lawyer's persecution.In an apparent response to these claims, the Investigative Committee said Monday that the probe has taken so long because of lengthy medical procedures and the fact that Litvinova and Kratov were both hospitalized for two months last year for unexplained reasons.The statue of limitations for the charge that Litvinova faced was shortened by Medvedev's amendments to the Criminal Code aimed at reducing the number of crimes that entail criminal liability. Medvedev proposed these amendments in response to criticism of the treatment of jailed businessmen, which was largely inspired by Magnitsky's case.Investigators have recently reopened a tax evasion probe against Magnitsky, even though he is dead, saying that it would give his relatives a chance to clear his name. But his family has objected to that, saying it never requested such an opportunity.In a ruling posted on its website Monday evening, Russia's highest court declined to review a petition by Magnitsky's mother questioning the legality of the posthumous tax evasion probe because she is not party to it. The Constitutional Court also confirmed the legality of the new investigation.
Tuesday, April 3, 2012
Lawyer gets prison, house arrest here for theft in American Samoa - STLtoday.com
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ST. LOUIS ? A lawyer whose embezzlement helped destroy a legal services non-profit in American Samoa was sentenced Monday in federal court here to five months in prison and five months of house arrest.
David Wagner, of the 1200 block of Roth Hill Drive in Maryland Heights, was acting executive director of the U'una'i Legal Services Corporation, which helped provide free legal services to victims of domestic violence, dating violence, stalking and sexual abuse.
Through his own improper actions and by ignoring the illegal actions of others, Wagner and two others took $160,000 from the non-profit from September 2005 to September 2007, according to court testimony and documents.
Wagner took $31,292 from the federal funds that supported the organization to compensate himself for writing grant proposals, his lawyer, Mark Hammer, said. Wagner signed black checks that enabled office manager Julie Matau to take $65,649 for herself and $62,822 for two daughters, a daughter-in-law and a son-in-law, prosecutors said, pointing out that the median household income in 2000 was just $17,018.
Many of the group's clients lost their legal representation after the theft was discovered and the office closed, prosecutors said.
Hammer said that Wagner was in financial trouble at the time and looked the other way while others took money. Hammer read a statement from Wagner, which said, in part, “I am, of course, filled with regret for what I did.” Wagner's statement said he allowed subordinates to take control, but did say that he continued to represent clients even after the office shut down.
In addition to the prison time, U.S. District Judge Carol Jackson ordered Wagner to repay the money.
Wagner waived indictment by a grand jury and pleaded guilty March 11, 2010 here to a felony charge of theft of federal property.
Julie Matau was sentenced last week in California to 366 days in prison for wire fraud and her daughter Andrea Matau was sentenced to probation for theft of federal funds.