They Killed My Lawyer

A story of Putin's Russia.

BY WILLIAM BROWDER | DECEMBER 22, 2009

Sergei Magnitsky was our attorney, and friend, who died under excruciating circumstances in a Moscow pre-trial detention center on Nov. 16, 2009. His story is one of extraordinary bravery and heroism, and ultimately tragedy. It is also a story about how Stalinism and the gulags are alive and well in Russia today.

Ultimately Sergei died for a principle -- he died because believed in the rule of law in Russia. When he stumbled upon an enormous fraud against his clients and the Russian government, he thought he was simply doing the right thing by reporting it. He never imagined that he would die for his efforts.

The precise circumstances of his death are still unclear. We do know Sergei died suddenly at the age of 37, after an 11-month detention. At first, the detention center where he died said the cause of his death was a rupture to his abdominal membrane, but on the same day the prison officials changed their story, saying he had died of a heart attack. They refused his family's request to conduct an independent autopsy. His diaries are reported to be missing.

Because Sergei is no longer alive to tell his story, I feel it is my duty to tell it for him. I am not a writer or a journalist, but a fund manager at Hermitage Capital Management. I ran what was the largest investment fund in Russia. Sergei was our Moscow-based outside counsel who worked for the American law firm Firestone Duncan.

Sergei wasn't involved in politics, he wasn't an oligarch, and he wasn't a human rights activist. He was just a highly competent professional -- the kind of person one could call up as the workday was finishing at 7 p.m. with a legal question and he would cancel his dinner plans and stay in the office until midnight to figure out the answer. He was a smart and honest man working hard to better himself and to make a good life for his wife and two kids.

The tragic events that led to his death began on June 4, 2007. That day, 50 police officers from the Moscow Interior Ministry raided Hermitage's and Firestone Duncan's offices, under the pretense of a tax investigation into a Hermitage client company. There was no reason for the raid, as the company they were investigating was regularly audited by the tax authorities, and they never found any violations.

In the course of the raid, the police officers took away all the corporate seals, charters, and articles of association of all of the fund's investment companies -- none of which had anything to do with their search warrant. The significance of these seizures would only become apparent later.

AFP/GETTY IMAGES

 

William Browder is the founder and CEO of Hermitage Capital Management, which was once the largest investment firm in Russia.

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SONYTECH

3:35 PM ET

December 24, 2009

Heart breaking

One of the most heart breaking stories I have read on FP.com. I hope something can be done to help Sergi's family and to get posthomumorus justice on his behalf in some form. Please continue fighting for his cause and know that I support him and your efforts.
Best,
Gabriel

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XIAOJUN982711

10:24 PM ET

December 24, 2009

Shocking!

I'm very sad about this story.In China,similiar cases are even more,and I don't know when the real democracy,freedom and justice will fall upon China.

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DA BUFFALO AMONGST WOLVES

2:18 AM ET

December 25, 2009

It happens

A travesty, but truth be told it happens to 'unknowns' in US prisons ALL the time.

I won't even bother pointing you to the references Tom... They're quite easy to find.

Medical oversights by overworked staff, mis-medication... A suicide due to inhumane conditions of a prisoner sentenced in Idaho who died in a private Texas prison is one that got some media attention a couple of years ago... His sheets hadn't been changed-out for a year or two either. Corporate cost-cutting at it's finest.

The US is also the highest per-capita, OR raw numbers imprisoner of it's citizens as well.

California, the state I live in is STILL stonewalling a federal court order on IT''S overcrowded condition.

I could go on.

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VONILAN

2:01 PM ET

December 26, 2009

Really?

Medical oversights? Overcrowding? Corporate cost-cutting?

I'm sorry, but the issues you describe completely miss the point of this article. American prisoners, regardless of the conditions they are subject to, are still imprisoned after being subject to legal processes. The issue at stake here really isn't how bad the prisons in Russia are, but the blatant disregard for rule of law Russian authorities have displayed. The fact that the Russian government was implicitly involved in the attempted takeover of a business is bad enough, but when an innocent citizen's life is taken simply because he attempts to stand against injustice, that is a true violation of the respect for human rights we have come to expect from a developed nation in the 21st century.

I could even argue against the supposedly bad conditions of American prisons as compared to Russian ones, but I won't. The real tragedy here is not that Sergei was treated badly in prison; the tragedy is that he was treated badly even though he did the right thing.

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SAM FROM CALIFORNIA

8:43 PM ET

December 26, 2009

Bullshit

http://en.wikipedia.org/wiki/Khalid_El-Masri

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RKERG

2:33 AM ET

December 25, 2009

Russia is a thugocracy

Russia is a thugocracy. There is no rule of law. Journalists have been getting murdered for turning up dirt on corrupt officials, and it is not unusual for foreign companies to have their assets taken. With all this being common
knowledge, I am somewhat amazed at the naivete of the author of this article and his poor lawyer.

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GPSADVOCATE

2:35 AM ET

December 25, 2009

So Sad....

The thing about this story is, that yes, Sergei was truly a very very diligent, ambitious, and pro justice man. It is so sad to hear about his stroy, one of the saddest stories of the ending of a life Ive ever known....

Yes, while maybe the commenter above me says "it happens", id like to see someone he knows have that happen.

In the day and age we live in this is so unacceptable. They shouldve just assasinated him, just like the Russian agent Alexander litvinenko in london three years ago who was going to release corruption and scandalous information. At least then this poor man, no this hero, wouldnt have died and suffered in such a way. to Have so many people follow his trail and to fight for him.

Mr. Browder, i think another good way to get Sergeis case on the global populus' attention would have been Facebook, and Tv channels.
It would have created a global movement for his cause possibly. Just like the Newsweek journalist Maziar Bahari who was held in a prison in solitary confinement and tortured in Iran without having done anything wrong. It was the media movement, TV, facebook that got him out and he lived to tell his story to Fareed Zakaria on GPS.

This story is truly so sad, i admire Mr. Sergei Magnitski for his vigilance, bravery, and honor. God does not forgive those who take lives in this manner, those who are responsible will one day get what is coming for them, and Sergei will get his vengeance.

My heart goes out to Sergei family, and their terrible loss.

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JIM6363

8:16 PM ET

December 26, 2009

terrible

I am sorry to hear of this, however, it happens worldwide. In this case the author notes that they had rescued their assets therefore I feel the lawyer and his family could have gotten out of country to continue the fight before he was arrested. I am currently serving four years of felony probation for not keeping my mouth shut when an oil company decided to put in a natural gas well across the street from my house. I called the cops when they climbed my fence without permission to survey, I called when my mailbox was destroyed thrice, I called when they threatened to kill my dogs in my yard and I called when one of their trucks ran me off the road. One night after midnight the cops pulled up when I went out to see what was up I immediately was told face down on the ground or we will shoot, I was cuffed then one of them walked to my fence and threatened to shoot my dogs if they did not shut up. I told them if they killed my dogs you best kill me also or I will kill you both. Wrong thing to say it just came out before I thought. According to their report they had gotten a call that someone was in my yard threatening to throw rocks at one of the oil company employees as he left the site across the street in a pick-up. As the officers explained to me later and then my so called public defender I am a disabled US veteran who pays minimal taxes where as this oil company has drilled six wells in this area and pay a lot to the local government so keep your mouth shut. I am now a felon who threatened cops while lying face down handcuffed in my own driveway. Money talks service to country or honesty counts for nothing.

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KOSIPOV

9:38 PM ET

December 26, 2009

>>It is also a story about

>>It is also a story about how Stalinism and the gulags are alive and well in Russia today.

It is difficult to convey the depth of my disgust after reading the above sentence from the first paragraph of the article. I share both Russian and Jewish heritages and to my dismay I frequently encounter writings that belittle the history of Holocaust. In comparison, Stalinism and gulags are less known to the Western audience and it is much easier for opportunistic and agenda driven writers to use events of 1930s Soviet Union to scare uninformed and impressionable readers. It is just as despicable to use Holocaust as Stalinist atrocities to score points against political opponents. A death of a single lawyer behind bars or the deaths of numerous enemies of the modern Russian state should never be compared to systematic killing of millions of innocent people.

Foreign Policy magazine editors should resign for allowing to publish drivel hurtful to lives of so many people.

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