Statement

The office of the Moscow Prosecutor has granted a complaint by Andrei Borodin’s attorney Mikhail Dolomanov. The complaint appealed a decision by the Main Department of Russia’s Interior Ministry for the city of Moscow to refuse to commence criminal proceedings to investigate the failure by the budget to receive proceeds from the sale of OJSC Bank of Moscow and OJSC Capital City Insurance Group shares once owned by the Government of Moscow. Continue reading

Complaint Submitted by Andrey Borodins Defence

Attn: Lieutenant-General (Police) V.V. Kozhokar,

Head, Investigative Department, RF Interior Ministry

[from] attorneys

M.S. Dolomanov

Law firm «Dolomanov and Partners»,

14/17 Pokrovsky Blvd., Bldg. 1, Suite 9, Moscow, 101000

V.N. Krasnov

Law firm «Gauf and Partners»

7 B. Strochenovsky Lane, Moscow, 115054

D.V. Kharitonov

Law firm «Gridnev and Partners»

1 Golutvinsky Lane, Domus Business center, Suite 9, Moscow, 119180

In defense of A.F. Borodin

APPEAL

(as per Art. 124 of the RF CCP)

On September 29, 2011, the head of the investigative group handling criminal case №89816 issued an order to indict A.F. Borodin as a defendant whereby he was charged with committing the crime contemplated in part 4, Art. 159 of the RF CC.
We will show below that charging A.F. Borodin with committing fraud is knowingly false, whereas the order to indict him as a defendant (subsequently, “the Indictment”) is inconsistent with the provisions of part 4, Art. 7 and Art. 171 of the RF CCP. In particular, it fails to describe properly circumstances subject to proof due to the rules contained in paragraphs1-4, Art. 73 of the RF CCP, which significantly infringes on the right to defense and, therefore, evidences a violation of guarantees afforded A.F. Borodin [under] Art. 46 (part 1), Art. 48 (part 1) of the RF Constitution, Art. 11 of the RF CCP. Continue reading

Statement by Andrey Borodin’s Attorney Vladimir Krasnov

A. Borodin’s Defense has submitted a complaint to the Head of the Investigative Department of Russia’s Interior Ministry, arguing that a September 29, 2011 investigator order to bring new charges against A. Borodin is illegal.

Immediately after a November 21, 2011 interview, where A. Borodin provided additional, and substantial, grounds for his original position that the Bank of Moscow takeover and his criminal prosecution were both politically motivated, the RF Prosecutor-General informed that it had issued to Interpol an order for Mr. Borodin’s search. Notably, the Interpol’s Charter expressly bans searching for individuals persecuted for political considerations. Therefore, in response to denunciations by A. Borodin, which, essentially, constituted information about a crime and called for an inspection, by investigative authorities controlled by the very same Prosecutor’s office, the oversight agency clearly demonstrated that the Government’s response to A. Borodin’s attempts to call attention to large-scale violations of the law in this case was going to be quite traditional: Continue reading