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: JURIST - The Paper Chase

Russia court refuses request to drop new Khodorkovsky charges

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] A Russian court Tuesday refused a request by defense lawyers to drop new embezzlement and money laundering charges against former Russian oil executive Mikhail Khodorkovsky and his former business partner Platon Lebedev. The court also rejected a request by defense lawyers to have the case returned to state prosecutors for further investigation. The lawyers for Khodorkovsky and Lebedev expressed incredulity at the court's decisions, and warned prosecutors and the court that the case would not result in easy convictions of the two. Khodorkovsky and Lebedev are accused of illegally taking approximately $20 billion from Russian energy firm OAO Yukos Oil Co., but challenged the allegations, asserting that the evidence against them was insufficient to sustain the prosecution. If found guilty, Khodorkovsky could face 22 years in jail in addition to the eight years he is already serving for fraud and tax evasion. Their trial on the charges began earlier this month. Their request to have the charges dropped comes one day after Judge Viktor Danilkin refused to recuse himself from the case amid accusations of bias. Critics have claimed that the charges against Khodorkovsky and Lebedev are politically motivated due to Khodorkovsky's opposition of former Russian president Vladimir Putin. The transfer of the two from prison to Moscow to stand trial on the new charges was ordered last month by a judge for the District Court in Moscow. Khodorkovsky still maintains that his 2005 conviction on the fraud and tax evasion was unjust, and maintains his innocence. He requested early release from that sentence last July, but his application was rejected in August because he disobeyed guards at the Krasnokamensk penal colony, refused to participate in a training program, and faced the possibility of additional charges. Khodorkovsky has appealed that decision.

Full post as published by JURIST - The Paper Chase on March 18, 2009 (boomark / email).