Civil Society, Democracy, and Markets in East Central Europe and the NIS: Problems and Perspectives

A member of Congress has urged the Biden administration to place travel bans on senior British lawyers that acted for wealthy Russian clients against investigative journalists. Steve Cohen, a Democratic representative from Tennessee, has written to Antony Blinken, the US secretary of state, urging him to sanction the lawyers for having “enabled malign activities of Russian oligarchs”. His letter comes as the Biden administration looks to increase its support for Ukraine in its war against Russia and tighten sanctions against those who have supported the Russian regime. Cohen wrote: “Oligarchs who hire lawyers to engage in abusive cases against journalists to silence them cannot exert malign influence in our system . . . the United States must establish deterrents for foreign enablers serving individuals who are undermining democracy.” The state department did not respond to a request for comment. Cohen singled out several lawyers he believed should be subject to bans on visas for travel to the US: Nigel Tait of Carter-Ruck; John Kelly of Harbottle & Lewis; barrister Hugh Tomlinson; Geraldine Proudler of CMS; Keith Schilling of Schillings; and Shlomo Rechtschaffen of SR law. Each of the lawyers is well known in London legal circles, with firms like Carter-Ruck and Schillings having established strong reputations in defamation law and reputation management. Tait, Kelly, Tomlinson and Proudler all worked on recent cases against the former Financial Times journalist Catherine Belton or her publisher HarperCollins, or both. Belton and HarperCollins were sued last year by several Russian oligarchs including Roman Abramovich over her book Putin’s People, which details the rise to power of Russia’s president Vladimir Putin. The lawsuits were later settled or withdrawn. Cohen cited Schillings’ work for Malaysian businessman and fugitive Jho Low. British ministers have expressed concern over the way in which UK courts are used by wealthy foreigners to launch libel cases. Dominic Raab, the justice secretary, last month set out proposals to limit any so-called Strategic Lawsuits Against Public Participation. Also in March Bob Seely, the MP for the Isle of Wight, used parliamentary privilege to claim “amoral” City lawyers were teaming up with “Putin’s henchmen” to offer “legalised intimidation”. A spokesperson for Tomlinson said: “Regulatory rules for lawyers are very strict and work to ensure equal entitlement to independent legal advice. Mr Tomlinson acted properly and in accordance with those rules throughout and has never acted as Mr Cohen suggests.” Tait’s firm Carter-Ruck said: “The claims made against Carter-Ruck are misconceived and are rejected entirely. In addition to other matters, we are not working for any Russian individuals, companies or entities seeking to challenge, overturn, frustrate or minimise sanctions.” It added: “We are not acting for, and will not be acting for, any individual, company or entity associated with the Putin regime in any matter or context, whether sanctions-related or otherwise, and will continue to conduct all ‘know your client’ checks in accordance with all applicable laws and regulations, as we have always done.” Cohen cited Rechtschaffen for his representation of Israeli-British businessman Walter Soriano, who he alleged was an “enabler” of certain oligarchs including Abramovich. Rechtschaffen said: “Walter Soriano is not an enabler of any oligarch . . . The English courts have said that the claim against Mr Stedman is not abusive.” Harbottle & Lewis said the firm had “acted at all time in accordance with its professional and legal obligations, and takes these matters very seriously”. Schillings said the firm did not act for any sanctioned entities and could not comment on client matters. It added that Cohen’s allegations were “wholly misplaced” and “misinformed”. It said the firm had upheld “the highest traditions of the legal profession”. Proudler’s firm CMS said it rejected Cohen’s allegations, adding that Proudler and the firm had been “compliant with all professional regulations”. “As we have said since the invasion of Ukraine, CMS is no longer accepting new instructions from Russian based entities or from any individuals with connections to the Russian government.”

Russian opposition politician and Washington Post contributor Vladimir Kara-Murza was detained by Russian authorities in Moscow on Monday, hours after calling the Kremlin “not just corrupt” or “authoritarian” but a “regime of murderers” in a CNN+ interview—a development that has only heightened concerns about the threat of speaking out against Vladimir Putin. “I think a lot of people are very worried about what's going to happen next,” CNN+ anchor Sara Sidner, who conducted the interview, told CNN’s John Berman on Tuesday. On Wednesday, CNN’s Brian Stelter asked Sidner whether she feels any guilt. “Sure. A little bit," she replied. "I think it’s more nervousness because I know that he was the one that disclosed where he was." In his interview with CNN+, Kara-Murza acknowledged the risk he was taking, and is personally familiar with Putin's brutal tactics. His close friend and associate Boris Nemtsov, a former Russian deputy prime minister turned fierce Putin critic, was shot dead in 2015, and Kara-Murza himself has survived two poisonings, both of which left him in a coma, that he has blamed on the Kremlin. While many dissidents have fled Russia amid Putin’s latest crackdown on independent media, Kara-Murza is among few who have stayed. And he has continued to criticize Putin’s unprovoked invasion of Ukraine despite facing up to 15 years in prison for doing so under the Kremlin’s draconian new law. “This is where I have to be,” Kara-Murza told MSNBC’s Ali Velshi in an interview Sunday. “We all know the price.” Asked what kinds of considerations CNN made before airing Kara-Murza’s interview, a CNN spokesperson pointed Vanity Fair to Sidner's comments on Tuesday and Wednesday. MSNBC did not immediately respond to a request for comment. On Tuesday, a day after he was reportedly arrested outside his home on charges of disobeying the police, the political activist and journalist was sentenced to 15 days in jail. The same day, the Post published an editorial commending Kara-Murza’s willingness to publicly speak out against the Kremlin in columns for the Post and elsewhere, and called for his release. “What is abundantly clear is that Mr. Putin has once again put a critic in his crosshairs, every day sinking Russia deeper into totalitarianism, intolerant of free thought or dissent,” the Editorial Board wrote. Post publisher Fred Ryan also demanded Kara-Murza’s immediate release in a statement that called his detention the latest in Putin’s ongoing effort to “hide the truth about the atrocities Putin is committing in the Russian people’s name.” Kara-Murza’s detention is also prompting outrage in Washington. Leaders of the Helsinki Commission, an agency that heard from Kara-Murza last month at its hearing about Putin’s “war on truth,” were “alarmed” by Kara-Murza’s detention, according to a joint statement issued by Sen. Ben Cardin, Co-Chairman Rep. Steve Cohen, and Ranking Members Sen. Roger Wicker and Rep. Joe Wilson. “Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people,” they wrote, demanding he “be allowed access to his lawyer and should be released immediately.” Authorities have denied Kara-Murza access to legal counsel in violation of his constitutional rights, the Commission's press release said. The poisonings that Kara-Murza endured in 2015 and 2017, he said, were reprisals by the Kremlin for his advocacy of Western sanctions against the Russian government—accusations the Kremlin has denied, but that the Post notes are bolstered by “investigations by independent organizations [which] found that he had been followed by members of the same federal agency that allegedly poisoned jailed Kremlin critic Alexei Navalny and at least three other opposition figures.”

Critics of Moscow pressed lawmakers to sever remaining international connections with Moscow and punish what they called enablers of Russian President Vladimir Putin’s government—including Russian tycoons. “We recognize that the oligarchs are the appendages of Mr. Putin’s mafia state,” said Sen. Ben Cardin (D., Md.), the co-chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, which held a hearing Wednesday on Russia's financial ties abroad. “I can’t wait to see police tape around mansions in Miami," said Sen. Sheldon Whitehouse (D., R.I.). Witnesses before the commission, a U.S. agency that has frequently scrutinized Moscow, sought to portray Russian billionaires and their network of lawyers and agents in the West as little different from Russian government employees and its lawyers abroad. Bill Browder, a prominent critic of the Kremlin’s human-rights record, called on the U.S. to withdraw from the mutual legal-assistance treaty that allows U.S. and Russian law enforcement to cooperate on investigations and secure witness testimony. Western countries should ban lawyers paid by the Russian government in one country from traveling to their countries, he said. The Kremlin used the Interpol international law-enforcement network in an effort to arrest Mr. Browder after his lawyer died in a Russian prison in 2009. Mr. Browder, who founded investment fund Hermitage Capital, said the U.S. and partner countries should seek to remove Moscow from Interpol or “basically threaten the funding of Interpol if Russia is not expelled.” Mr. Browder was the largest private investor in Russia until his expulsion from that country in 2005. Moscow should also lose its membership and face blacklisting by the Financial Action Task Force, a Paris-based intergovernmental body that audits the ability of nations to detect and disrupt illicit finance, said Daria Kaleniuk, co-founder of the Anti-Corruption Action Center in Ukraine. Mr. Browder and Ms. Kaleniuk were among five witnesses at the hearing.