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Complaint Submitted by Andrey Borodins Defence

To: Lieutenant General V.V. Kozhokar

Chief, Investigations Department, Russian Interior Ministry

6 Gazetnyy Pereulok, Moscow 125009

From: Defence Lawyers:

 M.S. Dolomanov

Dolomanov and Partners Bar

V.N. Krasnov

Gauf and Partners Bar

D.V. Kharitonov

Gridnev and Partners Bar

In defence of A.F. Borodin


 In the established procedure, we are carrying out defence of A.F. Borodin in criminal cases being investigated by the Investigations Department of the Russian Interior Ministry.

Throughout the entire period of the criminal prosecution against A.F. Borodin, officials of the Interior subdivision under your supervision have been conducting a purpose-oriented defamation campaign. Apart from constant “leaks” to the media by “sources close to the Investigations Department who wished to remain anonymous” on criminal cases allegedly under investigation with their specific circumstances named, similar unlawful activity is being conducted officially.

Thus, we have learned only from publications in the media that according to information provided by A. Kostuyeva, a representative of the Investigations Department, as far back as 30 September 2011, A.F. Borodin was indicted under Article 165 of the Criminal Code of the Russian Federation in connexion with allegedly illegal expropriation of shares of the Moscow Insurance Group.  Moreover, it follows from that undisproved report that investigation of the case was completed on 8 November 2011. A.F. Borodin and his defence team still have no official information on this matter.

On 17 January 2012 the Russian Interior Ministry posted on its Web site a report entitled “Continued Investigation of a Criminal Case on Misappropriation of Bank of Moscow Funds,” which says that A.F. Borodin is charged under Part 2 of Article 201 of the Criminal Code of the Russian Federation, because, as the report says, “the Investigations Department has established that shares of the InvestLesProm Closed Joint-Stock Company, found at the disposal of a number of Cypriot companies, in fact belong to Borodin and Akulinin and have been acquired by them as a result of a crime.” A.F. Borodin and his defence team know nothing about the charge apart from what the report says.

On 22 February 2012 the media received a press release of the Investigations Department from which it follows that a new criminal case had been opened against A.F. Borodin under Part 4 of Article 159 of the Criminal Code of the Russian Federation in connexion with alleged misappropriation of loan funds provided by the Bank of Moscow to a number of foreign companies. The defence team was given a chance to see the investigator resolution only on 24 February 2012. Then it turned out that the official document did not contain a number the negative assertions distributed earlier by your press service.

On the same day (24.02.2012) the media citing sourced in the Russian Interior Ministry carried information on yet another criminal case against A.F. Borodin, this time in connexion with certain conversion operations in 2009-2010, which in the opinion of the investigators allegedly violate Part 4 of Article 159 of the Criminal Code of the Russian Federation. Again, A.F. Borodin and his defence team were not notified about the charge in the procedure established by law.

As far back as 3 February 2012, we sent a petition to Y.A. Mikhaylova, head of the investigation team, requesting information stipulated in the Code of Criminal Procedure of the Russian Federation on all criminal cases against A.F. Borodin.  We have no response to that petition to this day (the petition is enclosed).

We consider such a situation to be inadmissible and violating the rights and lawful interests of A.F. Borodin, first of all his right to defence. We expect that a procedural decision will be issued on this complaint and an in-house investigation of the facts stated herein will be conducted for the purpose of eliminating their repetition in the future.



M.S. Dolomanov

V.N. Krasnov

D.V. Kharitonov

27 February 2012