December 2, 2005
Prosecutor's General Office accuses ex-Yukos lawyer of embezzlement
Since the Basmanny Court is examining today the request by the Prosecutor’s General office to decide on arrest as a form of detention in my case, I find that I must make the following statement.
A monstrous accusation has been brought against me of embezzling profits from Yukos and its subsidiaries in 2001-2003 totaling at 399,940,562,505 rubles (more than 14 billion U.S. dollars) and the “laundering” thereafter of this money by paying dividends. I consider this accusation to be absurd and not reflective of either law or reality, or of simple common sense.
The Prosecutor’s General Office claims that the profit was allegedly embezzled from Yukos and its subsidiaries. That amount was registered in the company’s consolidated accounts for the years 2001-2003 and was published on the Yukos web site on the Internet. These accounts were audited according to U.S. GAAP standards and confirmed by the audit firm of PriceWaterhouseCooper.
By ignoring the obvious facts, information about which is available to everyone, the Russian prosecution has fabricated accusations of embezzlement of sums of money that exceed Yukos profits for those years and is using these allegations against me and my colleagues – lawyers who provided legal assistance to Yukos and its shareholders. It is absolutely clear that the reason for these accusations does not fall within the limits established by law. This is a form of personal revenge that is being taken on people who worked with Khodorkovsky and Yukos, and an attempt to intimidate those who, in carrying out their professional duty, are continuing to help the company now and are not interfering with the investigation.
I was forced to leave Russia last year because of the open threat that I would be placed in custody if I did not testify against Yukos shareholders. I am not absconding, and I live in the USA. I informed the court and the prosecution of my address myself. In spite of that, the prosecution has put me on the international and Russian lists of wanted people. It looks as if someone’s desire for the satisfaction of gaining revenge may cost Russian taxpayers dearly.
As yesterday’s enormously harsh and unfair verdict on Alexey Kurtzin has shown, the people who call for the taking of hostages will stop at nothing. The authorities’ desire for revenge is spreading not only to Khodorkovsky’s lawyers and attorneys: everyone who the authorities believe has helped Khodorkovsky, sympathized with him and simply worked under his supervision - is subjected to criminal proceedings.
I realize that this statement may instigate a new round of violence from the Prosecutor’s General Office against my relatives, friends and colleagues who have remained in Moscow. However, I believe that keeping silent would be equivalent to indulging in illegal activity which is exactly what is being done by the authorities.