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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) EMANUEL MCCRAY, Individually and on) CIVIL NO: Behalf of All Others Similarly Situated, ) Plaintiffs.) ) vs. ) PLAINTIFFS’ MASTER EXHIBITS ) PARTS OF 5, PAGES 142-182 UNITED STATES DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INV SSTIGATION, JEFFERSON BEAUREGARD SESSIONS III. In His Official Capacity As Attorney General of the United States, Capacity As Deputy Attorney General of the United States, CHRISTOPHER ASHER WRAY, In His Official Capacity As Director of the Federal Bureau of Investigation, and ROBERT SWAN MUELLER IIL, In His Official Capacity As Special Counsel 10 the Deputy Attorney General of the United States, ) Defendants.) : ) ) ) ) ) ) ) ) ) ROD JAY ROSENSTEIN, In His Official ) ) ) ) ) ) ) » ) ) Case 1:13-cv-06326-WHP Document 422-16 Filed 11/18/15 Page 3 of 30 (Case 1:14-mc-O0S51-ESH-AK Document 4-15 Filed 05/22/14 Page 3 of 30 “Translation fox Russian into Engi THepevon epyotoro soe ace JUDGMENT INTHE NAME OF THE RUSSIAN FEDERATION Moscow July 11,2013 “Tverskoy district court of Moscow composed of, the Presiding judge - judge Alisov LB. under seeretaties Fumicheva BM, and Kvekveskiri LZ, with the participation of: the public pesecutors~ prosecutor of the Prosecution Office of Moscow Reznichenko MLV. fad assistant of Tversloy inter-dstit prosecutor of Moscow Slobodin $.A., the fepresentatives of the aggrieved party Mostovoy K.V. and Gerasimova A.A, the advocates - lawyers Gerasimov N.V., Goncharova K.A., Boiko V.t» submitting the certificates NX £923, 7946 and 6867, the warrants NeNe 288, 265 and 699, respectively, having examined in open court a criminal case against “William Felix Browder, who was bom on April 23, 1964 in New Jersey, USA, a British citizen living 23 Golden Square, Grafton House, Floor 3, London, WIF 9 HA United ‘Kingdom not registered on the tertitory ofthe Russian Federation, ‘accused of committing two erimes under Paragraphs “a* and "b* of Part 2 of Act. 199 ofthe ‘Criminal Code the Russian Federation (the Federal Lav as amended fiom 08.12.2003 Ni 162. FZ), and Magoitskly S.L., eccused of committing two erimes under Paris 3 and 5 of ‘Art 33 and Paragraphs °x" and" b*of Part 2 of Art. 199 of the Criminal Code of the Russi Federation (in the version ofthe Federal Law from 08.12.2003 Ne 162-FZ), resolved: ‘Browder comnmited tax evasion from two organizations by including wittingly fess information to tax retars, by a group of persons by previous concer, on a large sea, in the following circumstances. So, being the Head of the Moscaw Representative Office of the Company "Hermitage Capita! Management Limited" (hereinafter ~ the Representative Office), registered atthe address Beard room 1, Butytskiy Shaft, Moscow, but actually located atthe address: 9, Dmitrovsidy Lane, Moscow, he negotiated with Magnitsky 8.L, in respect of whom the indivicual decision to dismiss the criminal case onthe basis of Paragraph 4 of Article 24 ofthe Code of Criminal Procedure of the Russian Federation, who operated in the field of general audit and provided services for accounting fand tax accounting to the customers of the branch of "Firestone Duncan Limited" in Moscow ( hereinafter = the Branch of the Company) , registered atthe address : Building 2, 5, Diegtiemyy Lane, Moscow, but actually located at the address: Building 2, 13, Staropimenovskiy Lane, Moscow, sting inthe interests of the mentioned Representative Office, and with unidentified persons on the Jet commission of actions simed at tax evasion from the organizations taxpayers, by including ‘Vittingly false information to tax rtums, using the laws ofthe Russian Federation on concessionary taxation, namely, thatthe Law of the Russian Federation from 27.12.1991 Ns 2116-1 “On income taxes of enterprises and organizations” (as amended fom 09.05.2001), the sate of income tax pad to ‘he federal badge, is set at 11 % the income tax is paid to the budgets of the constitwent territories lof the Russian Federation according tothe rates established by the legislative (representative) bodies ‘Gf constituent tersitries of the Russian Federation, inthe umount of not more than 19 %; the income tax is paid tothe local budgets according to the rates established by the representative bodies ofthe EXHIBIT l page {4 20F Le BrowderDepo0001409 (42 Case 1:13-cv-06326-WHP Document 422-16 Filed 11/18/15 Page 4 of 30 Case 1:14-me-O05S1-ESH-AK Document 4-25 Filed 05/22/14 Page 4 of 30 tocal government, inthe amount of not more than $ %; in accordance with Paragraph 2 of Article 6 ofthe same Law, a benefit for this tax is provided inthe form of reducing rates of income tax pid to the federal budget by 50 % , ie. atthe amount of 5.5% of the taxable income for enterprises and ‘organizations if disabled people make up at Least 50% of the total nmiber of employees ‘With these purposes, Magitsiy developed a plan ofthe eime, according to which he fond ome unidentified pertons with special knrwlge in the fed of acountng, tx accounting, stock ‘market and the relevant legislation of the Russian Federation, Aer that, in 1998, the undentiied potsons established, inlorporated and rgisered in the tax accounting the LLC "Dalinya Step" INN (0814099624 and the LLC "Satum Investments" INN 0814103679 located: Room 15, 301, Leaina Siuet, Ci of Elisa, Republic of Kalmykia, Russian Federation, which are tax- snd feepayers obliged to calculate and pay the leglly established taxes and fees within the time specified in Paragraph 2 of Ant, 15 of tho Federal Law ftom 21.11.1996 Ne 128- FZ *On Accounting” and Parngraph 3 of Article 8 of the Law of the Russian Federation ftom 27.12.1991 % 2116-1 “On income taxes of enterprises and organizations", according to the annual accounts within ten days fom the date fixed forthe submission of accounting report for he past ear - within 90 das rom the end ofthe year, in this case, upto Api 10,2002, “The Resolution % 2 of the sole paticipant of the 1J.C "Dalniaya Step" on June 8, 1998 and the Resolution Ni 2 of the sole participant of the LLC *Satumn Investments * on June 8, 1998 appointed Browder the Director General of each company since June 9, 1998, as well as the sole «executive body of each company. In accordance with Art 6 of the Pedera "On Accounting", Browder wes responsible for the timely provision of complete and accurate accounts, for tax ‘payments in corpore, for law compliance during financial and business transsetions, as well as Teporting of te tax declaration and other documents nevessary for tax control to the tax authority, the reporting of which is mandatory in ocordance with the legislation of the Russian Federstion on taxes and fees; according to the Charters he had the powers to full the curent management ofthe Companies; to act without a power of atfomoy on behalf ofthe Companies, to represent its interests and make deals; to dispose of the Company's property, including money on the Company's bank ‘accounts; to issue orders for the appointments of the Company's employees, their transfer and sismissal, to issue orders and to giv instructions obligatory for ell employees of the Companies. In violation of Art. $7 ofthe Constitution ofthe Russian Federation, Articles 3 and 23 of tho ‘Tax Code of the Russian Federation, Browder together with Magnitskiy and unidentified persons ‘nogotinted an evasion of legally established taxes and fees by including witingly fae information ¢o tax returns on the application of tax benefits in accordance withthe above-mentioned legal texts, Furthermore, Magaitski, who was not an official employee ofthe LLC "Dalniays Step” and the LLC "Saturn Investments, ating in pursuance of the common goal of tax evasion, during the petiod from the beginning of 1997 to March 29, 2002, being aware that these Companies sre ‘incorporated inthe Republic of Kalmykia, ofthe nature oftheir business activity, ofits membership ‘and working people, orgenized the accounting management of the Companies by unidentified persons, supervised ther aetivites, as well as contcbuting tothe commission of the crime, provided the execution of initial and accounting documents with false information about the employment of disabled people in the Companies, ie, the documents that serve as bases forthe preparation of tax retin, snd with the intention to oteate the appearance of compliance with the above-mentioned legal texts on taxetion, both personally and by giving instructions to unidentified accomplices, found some residents of Flista unaware of the criminal plans and the final result, such as Vankayev S.., Tredieyey V.N., the Chainman of the Association of Veterans of the war in Afghanistan and personally acquainted with a lot of disabled people, Bistkiev V.A,, who personally gave theit BrowderDepo0001410 143 Case 1:13-cv-06326-WHP Document 422-16 Filed 11/18/15 Page 5 of 30 Case 1:14-mc-O0551-ESH-AK Document 4-15 Filed 05/22/14 Page 5 of 30 ‘consent for the fictitious employment in the LLC "Satur Investments and strated other disabled people. In accordance with the gained agreement, Magnitskiy and unidentified persons have developed labor contracts and staff lists of the LLC “Dalniaya Step" and the LLC “Satara Investments", according to which the average number of the employed disabied people wes not less ‘tan hal of the total mumber of ernployees of the Companies. After that Browder, Maguiskly and unldentified persons, witingly aware that no work will bbe performed by the disabled people, without creating jobsite for them, organized withthe help of ‘Vankayev 8.8, Teodieyey V.N., Bistkiey V.A. the signing of the labor contracts about hiring for positions in analytical departments the disabled employees Mikuliayeva 1S. and Bulayev AE. to the LLC "Dalaiaya Step", and the disabled employees Byatkiyeva V.A., Bukayeva O.B,, Badykov BY. , Snmyanov V.V. to the LLC "Saturn Investments’, cach of whom had & permanent jobsite, started new employment records , allegedly confinning their employment to the Companies and “organized their signing by unidentified persons, organized the signing of the labor contracts and staff Tists, on one hand on bebalf of the Director General of the Companies Browder and on the other hhand by the disabled people Mikulinyeva IS. and Bukayev AE., ‘Byatkiyeva V.A., Bukayeva OL, Badykov B.Y. , Sumyanov V.V. ‘Thus, the staff of each Company consisted of the Director General Browder and disabled employees of the analytical department of this Company, who practically didn't perform their work duties. ‘Then, copies of personal documents of Mikuliayeva 1S, and Bukayev A.E., Byatkiyeva V.A, Bukeyeva O.B,, Badykov E.Y., Sumyaoy V.V,, including those confieming their disability, labor contracts and staff lst ofthe Company atthe direction and under the guidance of Magnitskiy ‘were used personally by him as wel as by unidentified persons to estblish and keep the accounting, tax reporting, aid to justify the use of th reduced rte of income tax paid to the federal budget, in relation tothe LLC "Dalniaya Step, well as to the LLC *Satum Investments" In addition, Browder and Magnitsky, who directed the activites of unidentified persons cconcemiag the accounting and tax records and the preparation and filing of tax eturs of the LLC "Dalniaya Step", as well as to the LLC "Satum Investments’, in the same period and place negotiated to participate in the actions aimed at tax evasion from the organizations-texpayers, by including witingly false information to tax returns, using the laws of the Russian Federation and the Rupublic of Kalmykia on concessionary taxation, namely, thatthe Law of the Russian Federation from 27.12.1991 Ne 2116-1 “On income taxes of enterprises and organizations” (as amended from 09.05.2001); the income tax is paid to the budgets of the constituent teritores of the Russian Federation aocording to the rats established by the legislative (representative) bodies of constituent territories of the Russian Federation, in the amovnt of not more than 19 %; the income taxis paid t0 the local budgets according to the rates established by the representative bodies of the local ‘government, in the amount of not more than 5 %; Paragraph 9 of Art. 6 of the Law provides the representative bodies of local government with the right to establish addidonal tux benefits for

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