throbber
Case 1:13-cv-06326-TPG Document 508 Filed 01/05/16 Page 1 of 4
`Case l:l3—cv—O6326—TPG Document 508 Filed 01/05/16 Page 1 of 4
`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF NEW YORK
`
`UNITED STATES OF AMERICA,
`Plaintiff’
`
`i
`
`Case No. 1:13—cv—06326 (TPG)
`
`V
`
`ECF CASE
`
`PREVEZON HOLDINGS LTD., er al. ,
`
`Defendants,
`
`DECLARATION OF NATALIA
`VESELNITSKAYA
`
`ALL RIGHT, TITLE AND INTEREST IN THE
`REAL PROPERTY AND APPURTENANCES
`
`KNOW AS THE 20 PINE STREET
`
`CONDOMINIUM, 20 PINE STREET, NEW
`YORK, NEW YORK 10005, UNIT 1816 (“20
`PINE STREET, UNIT 1816”), er al.,
`
`Defendants in Rem.
`
`I, NATALIA VESELNITSKAYA, hereby declare as follows:
`
`1.
`
`I am an attorney admitted to practice in the Russian Federation. I have been
`
`practicing law since 1998. I am the founder and managing partner of the law offices of
`
`Kamerton Consulting. In 1998, I graduated with distinction from the Moscow State Legal
`
`Academy with a degree in jurisprudence. Upon graduation from the Academy, I started working
`
`at the Prosecutor’s Office. I worked there for three years, overseeing the legality of statutes that
`
`were adopted by legislators of Moscow Oblast. After that I moved into private business. In
`
`2003, I formed a private legal firm, Kamerton Consulting, which later grew to 30 employees,
`
`including five attorneys. My firm and I specialize in corporate and property disputes in courts.
`
`Among my clients are large state—owned and private corporations, as well as clients from the real
`
`estate and banking sectors.
`
`1 have argued and won more than 300 cases on corporate, tax, and
`
`property law. I am also familiar with the criminal laws and procedures of the Russian
`
`

`
`Case 1:13-cv-06326-TPG Document 508 Filed 01/05/16 Page 2 of 4
`Case l:l3—cv—O6326—TPG Document 508 Filed 01/05/16 Page 2 of 4
`
`Federation, and I represent victims in many criminal cases involving economic crimes. I have
`
`been retained by Denis Katsyv and the Defendants in this action to assist their attorneys in the
`
`United States, Baker & Hostetler LLP (“BakerHostet1er”) to prepare their defense.
`
`2.
`
`As counsel to Defendants, it is important that I be able to participate in the
`
`defense of this action by traveling to the United States. For that reason, I applied for a visa to
`
`enter the United States, but was denied. I also applied for entry visas for my children, so that
`
`they could be together with me over the Christmas holiday while I was working in New York on
`
`this lawsuit, but this was also denied. However, the United States did issue a parole letter for me
`
`to enter the United States in order to help defend this lawsuit. Nevertheless, I have been
`
`harassed by the Government despite being paroled into the United States. In November of 2015,
`
`after having been in the United States in connection with this matter, I traveled to London for
`
`two days. Upon returning to Heathrow Airport on my way back to the United States, I was
`
`detained for two hours by Heathrow Airport officials who specifically targeted me on the basis
`
`of the parole number that the United States Government had assigned to me. During this
`
`detention I was unjustifiably subjected to a strip search, for no apparent reason.
`
`I should not be
`
`subjected to such humiliation when I have been promised entry into the United States to defend
`
`against the scandalous accusations in this lawsuit on behalf of my clients.
`
`3.
`
`On January 4, the request to extend my parole letter was denied. That letter, the
`
`purpose of which is to enable me to assist in the defense of this matter, expires on January 7,
`
`2016. Prior to that date, I will have to leave the United States. At the present time, it is
`
`important for me to be in New York to assist in the defense. If the Court grants the motion to
`
`disqualify counsel, I will have to assist the Defendants and Mr. Katsyv to find new counsel. If
`
`the motion to disqualify counsel is denied, we will ask for a trial date and will need to coordinate
`
`

`
`Case 1:13-cv-06326-TPG Document 508 Filed 01/05/16 Page 3 of 4
`Case l:l3—cv—O6326—TPG Document 508 Filed 01/05/16 Page 3 of 4
`
`with BakerHostetler to prepare for trial. If I am forced to leave New York, the defense of this
`
`lawsuit will suffer.
`
`4.
`
`Under Article 19 of the Criminal Code of the Russian Federation, corporations
`
`and other corporate—like entities (such as “OOOS”, similar to limited liability companies in the
`
`United States) in the Russian Federation are not subject to criminal liability. Only physical
`
`persons who act as general directors or managers can be subjected to criminal sanction based on
`
`the acts of the corporation.
`
`5.
`
`I have reviewed the December 28, 2015 letter filed by Hermitage Capital
`
`Management Limited (“HCML”) claiming that “new charges” are being contemplated against
`
`HCML and Mr. Browder. Based upon the law of the Russian Federation, these “new charges”
`
`cannot be brought against HCML; they can only be brought against individuals. Therefore,
`
`HCML is at not risk for prosecution in the Russian Federation.
`
`6.
`
`In addition, these supposed “new charges” against Mr. Browder (which have not
`
`been brought) have nothing to do with the $230 million tax fraud alleged in the Complaint before
`
`this Court. The ongoing investigation HCML refers to when speculating about “new charges” is,
`
`according to press reports, related to Browder’s~—not HCML’s, but Browder’s—other allegedly
`
`unlawful actions in Russia.
`
`7.
`
`HCML is also wrong to state that the Russian Prosecutor General “has stated that
`
`Mr. Browder and Hermitage were involved with the Russian Treasury Fraud.” In fact, the
`
`prosecutor has stated only that Browder—not HCML, but Browder~—may have been involved in
`
`that fraud. As a defense attorney, I am surprised that counsel for HCML would incorrectly assert
`
`that its client had been accused of something by the prosecutor when, in fact, the prosecutor had
`
`made no such accusation against the client.
`
`

`
`Case 1:13-cv-06326-TPG Document 508 Filed 01/05/16 Page 4 of 4
`Case l:l3—cv—O6326—TPG Document 508 Filed 01/05/16 Page 4 of 4
`
`8.
`
`Finally, it is natural that the Prosecutor General would watch this lawsuit “with
`
`great interest,” considering that the United States, after issuing an MLAT request to the Russian
`
`Federation for assistance in this case, strangely refused his offer of assistance in investigating
`
`this matter.
`
`9.
`
`I neither read nor write English, but this document ‘has been translated for me into
`
`Russian, and I understand the contents of this document.
`
`I declare under penalty of perjury under the laws of the United States that the foregoing is
`
`true and correct.
`
`Dated: January 5, 2016
`
`New York, New York

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Try refreshing this document from the court, or go back to the docket to see other documents.

We are unable to display this document.

Go back to the docket to see more.