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
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF NEW YORK
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`UNITED STATES OF AMERICA,
`Plaintiff’
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`i
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`Case No. 1:13—cv—06326 (TPG)
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`V
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`ECF CASE
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`PREVEZON HOLDINGS LTD., er al. ,
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`Defendants,
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`DECLARATION OF NATALIA
`VESELNITSKAYA
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`ALL RIGHT, TITLE AND INTEREST IN THE
`REAL PROPERTY AND APPURTENANCES
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`KNOW AS THE 20 PINE STREET
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`CONDOMINIUM, 20 PINE STREET, NEW
`YORK, NEW YORK 10005, UNIT 1816 (“20
`PINE STREET, UNIT 1816”), er al.,
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`Defendants in Rem.
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`I, NATALIA VESELNITSKAYA, hereby declare as follows:
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`1.
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`I am an attorney admitted to practice in the Russian Federation. I have been
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`practicing law since 1998. I am the founder and managing partner of the law offices of
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`Kamerton Consulting. In 1998, I graduated with distinction from the Moscow State Legal
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`Academy with a degree in jurisprudence. Upon graduation from the Academy, I started working
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`at the Prosecutor’s Office. I worked there for three years, overseeing the legality of statutes that
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`were adopted by legislators of Moscow Oblast. After that I moved into private business. In
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`2003, I formed a private legal firm, Kamerton Consulting, which later grew to 30 employees,
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`including five attorneys. My firm and I specialize in corporate and property disputes in courts.
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`Among my clients are large state—owned and private corporations, as well as clients from the real
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`estate and banking sectors.
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`1 have argued and won more than 300 cases on corporate, tax, and
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`property law. I am also familiar with the criminal laws and procedures of the Russian
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`Federation, and I represent victims in many criminal cases involving economic crimes. I have
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`been retained by Denis Katsyv and the Defendants in this action to assist their attorneys in the
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`United States, Baker & Hostetler LLP (“BakerHostet1er”) to prepare their defense.
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`2.
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`As counsel to Defendants, it is important that I be able to participate in the
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`defense of this action by traveling to the United States. For that reason, I applied for a visa to
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`enter the United States, but was denied. I also applied for entry visas for my children, so that
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`they could be together with me over the Christmas holiday while I was working in New York on
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`this lawsuit, but this was also denied. However, the United States did issue a parole letter for me
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`to enter the United States in order to help defend this lawsuit. Nevertheless, I have been
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`harassed by the Government despite being paroled into the United States. In November of 2015,
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`after having been in the United States in connection with this matter, I traveled to London for
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`two days. Upon returning to Heathrow Airport on my way back to the United States, I was
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`detained for two hours by Heathrow Airport officials who specifically targeted me on the basis
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`of the parole number that the United States Government had assigned to me. During this
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`detention I was unjustifiably subjected to a strip search, for no apparent reason.
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`I should not be
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`subjected to such humiliation when I have been promised entry into the United States to defend
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`against the scandalous accusations in this lawsuit on behalf of my clients.
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`3.
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`On January 4, the request to extend my parole letter was denied. That letter, the
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`purpose of which is to enable me to assist in the defense of this matter, expires on January 7,
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`2016. Prior to that date, I will have to leave the United States. At the present time, it is
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`important for me to be in New York to assist in the defense. If the Court grants the motion to
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`disqualify counsel, I will have to assist the Defendants and Mr. Katsyv to find new counsel. If
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`the motion to disqualify counsel is denied, we will ask for a trial date and will need to coordinate
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`with BakerHostetler to prepare for trial. If I am forced to leave New York, the defense of this
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`lawsuit will suffer.
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`4.
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`Under Article 19 of the Criminal Code of the Russian Federation, corporations
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`and other corporate—like entities (such as “OOOS”, similar to limited liability companies in the
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`United States) in the Russian Federation are not subject to criminal liability. Only physical
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`persons who act as general directors or managers can be subjected to criminal sanction based on
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`the acts of the corporation.
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`5.
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`I have reviewed the December 28, 2015 letter filed by Hermitage Capital
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`Management Limited (“HCML”) claiming that “new charges” are being contemplated against
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`HCML and Mr. Browder. Based upon the law of the Russian Federation, these “new charges”
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`cannot be brought against HCML; they can only be brought against individuals. Therefore,
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`HCML is at not risk for prosecution in the Russian Federation.
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`6.
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`In addition, these supposed “new charges” against Mr. Browder (which have not
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`been brought) have nothing to do with the $230 million tax fraud alleged in the Complaint before
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`this Court. The ongoing investigation HCML refers to when speculating about “new charges” is,
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`according to press reports, related to Browder’s~—not HCML’s, but Browder’s—other allegedly
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`unlawful actions in Russia.
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`7.
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`HCML is also wrong to state that the Russian Prosecutor General “has stated that
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`Mr. Browder and Hermitage were involved with the Russian Treasury Fraud.” In fact, the
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`prosecutor has stated only that Browder—not HCML, but Browder~—may have been involved in
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`that fraud. As a defense attorney, I am surprised that counsel for HCML would incorrectly assert
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`that its client had been accused of something by the prosecutor when, in fact, the prosecutor had
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`made no such accusation against the client.
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`8.
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`Finally, it is natural that the Prosecutor General would watch this lawsuit “with
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`great interest,” considering that the United States, after issuing an MLAT request to the Russian
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`Federation for assistance in this case, strangely refused his offer of assistance in investigating
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`this matter.
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`9.
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`I neither read nor write English, but this document ‘has been translated for me into
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`Russian, and I understand the contents of this document.
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct.
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`Dated: January 5, 2016
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`New York, New York