The sanctions of the magnitsky law that recently from the Supreme Court (STF) has aroused curiosity in many Brazilians about Who was Sergei Magnitsky.
The device bears the name of Russian tax lawyer who died in a prison in 2009 at the age of 37. Magnitsky was arrested in Moscow after denouncing a corruption and tax fraud scheme that allegedly involved authorities in his country.
Sergei Magnitsky: Understand the case
Sergei Magnitsky worked as a tax lawyer for Firestone Duncan in Moscow. One of the office’s customers was Hermitage Capital Management, present in Russia since the 1990s.
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Until 2005, Fund CEO William Browder became the largest foreign investor in the country. However, that year, Russian authorities expelled him after he denounced fraud schemes in state -owned companies on the grounds of “threat to national security.”
In 2007, in the back of Browder, the Russian Interior Ministry led operations aimed at Hermitage Capital and Firestone Duncan. A year later, Sergei Magnitsky, who was investigating the case, discovered a tax fraud committed by Russian authorities.
According to its investigation, the scheme involved documents that would have been used to change the Hermitage fund property. Thus, civil servants would have access to fraudulent tax reimbursements at $ 230 million.
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In the same year, in 2008, Sergei Magnitsky had a pre -trial detention decreed in Russia on charges of fiscal dropout. 11 months later, he died in jail.
Shortly before he died, Magnitsky wrote a letter to his mother, Nataliya, in which he described the precarious conditions of prison. With a very weakened health, three months ago I was waiting for medical care that had formally requested, without any return.
Nataliya was only allowed to see him once; On the second visit, he was informed that his son had died a few hours ago.
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The cause of his death is shrouded in controversies. Initially, the Russian government alleged heart failure, but its death certificate pointed to a lethal cranial wound, and various injuries and bruises on their hands and legs.
The Kremlin Human Rights Council and the Reuters news agency claimed that Sergei Magnitsky died after beating and lack of medical care in prison – information ratified by family and close people. The autopsy requested by the family was denied, and he was convicted of tax evasion along with William Browder even after being killed.
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Applicability of Magnitsky Law
The Magnitsky Law was promulgated in 2012, during the government of Barack Obama, with the initial objective of punishing oligarchs and Russian authorities for the law of the lawyer. Subsequently, in 2016, the US Congress expanded its scope, which reached foreigners accused of international corruption or human rights violation. Their sanctions do not require judicial proceedings, as they are applied to the civil, not criminal sphere.
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Recently, according to him, the judge would not fit the two hypotheses of incidence, since the law aims to punish systematic crimes of state corruption and human rights violations.
