Last week, Swiss
law officers travelled to Russia in a bid to compel their Russian
counterparts to speed up their efforts in a joint investigation
into allegations that an Isle of Man branch of the Midland Bank
(now operating as HSBC) was used to pay $25 million in bribes
to Pavel Borodin, the man who helped bring President Vladimir
Putin to power. The investigation has been underway for over a
year and the exasperated Swiss authorities have accused the Russians
of dragging their feet.
The investigation
is headed by Swiss federal prosecutor, Mr Valentin Roschacher,
and his Russian counterpart, Mr Vladimir Ustinov. A Swiss document
revealing details of the investigation was last week leaked to
the Russian and Italian press. It alleges that Mr Borodin, a former
Kremlin property manager who recruited Vladimir Putin into the
Kremlin in 1996, received more than US$25 million in return for
awarding refurbishment contracts to government offices, including
the Kremlin.
The contracts for
refurbishing the Kremlin were awarded by Mr Borodin to two Swiss-based
sister companies: Mabetex, owned by a Kosovo Albanian, and Mercata
Trading and Engineering, run by the Russian businessman, Mr Viktor
Stolpovskikh, who also owned Lightstar Low Voltage Systems Ltd,
which the HSBC account Isle of Man account was set up for. Mr
Borodin's office is alleged to have paid Mercata Trading US$492
million for refurbishing the Kremlin and the Chamber of Audits
in Moscow; and it seems Mercata transferred US$62.5 million to
the Lightstar account.
Swiss general prosecutor,
Mr Bernard Bertossa, has began a criminal investigation into charges
of money-laundering. The 12-page document leaked last week lists
the banks, their location, the account numbers, and the dates
of the alleged transactions involved. The investigation is generally
known as the "Mabetex Affair," but has been termed by
the Swiss authorities as the "presidential administration
Mabetex affair."
The document alleges
that the $62.5m transfer to the Isle of Man account represented
a bribe. The Swiss document also suggests that Mr Borodin, his
daughter Ms Yekaterina Siletsky and son-inlaw, Mr Andrei Siletsky,
transferred $25,609,978 to their accounts in Geneva, Nassau and
Guernsey. This was carrried out in four instalments between March
1997 and August 1998. According to Swiss investigating magistrate,
Mr Daniel Devaud, 'the elements collated to date show that [Mr
Borodin and 13 others] may be seriously suspected of using the
Swiss banking system to conceal money obtained through crimes
committed in the Russian Federation. The above-mentioned persons
are suspected of taking part in dishonest management of state
property or state interests or of taking bribes.'
On becoming President
on New Year's Eve, Vladimir Putin appointed Mr Borodin as Secretary
of the Russia-Belarus Union, soon after the Swiss law officers
had issued an international warrant for Mr Borodin's arrest. Mr
Borodin has vigorously denied the charges and the Russian prosecutor's
office has been effective in playing for time and distracting
the Swiss with red tape.
The document was
leaked just before Mr Roschacher's visit to Russia; it is likely
that this action was the responsibility of the Swiss and could
be construed as an indication of the Swiss authorities' frustration
and as an attempt to put pressure on the Russians. Mr Devaud said
it was sent by fax 'because of the urgency and nature of the case
... and to speed up the investigation.' But the Russian Prosecutor's
Office has stated obstructively that it would not respond to documents
received by fax.
It is likely that
bringing a successful prosection against Mr Borodin will be problematic
for the Swiss unless the Russians admit their laws have been broken
and that the "commissions" paid to Mr Borodin and others
were illegal. So far Mr Ustinov, appointed by Mr Putin earlier
this year, has not ordered a criminal investigation. One of the
questions the Swiss document contains asks the Russians to say
whether 'the activities described are in breach of Russian criminal
law on taking bribes and/or abusing power.'
In defence of the
Russians' apparent reluctance to co-operate with the Swiss over
the past year, Ruslan Tamayev, from the Russian Prosecutor's Office,
was reported by Russian business newspaper Kommersant in July
as saying: 'I am embarrassed to say that we still have not been
able to find a common language with investigator Daniel Devaud
and the Geneva prosecutor, Bernard Bertosa ... if they really
wanted to arrest Borodin, they would have issued a warrant quietly,
then they would have given the instruction to Interpol ... Borodin
has neither diplomatic, nor deputy immunity. But as it is, they
are only trying to scare him.'
With regard to finding
offshore accounts in the name of Boris Yeltsin's family, Mr Tamayev
said, 'the experts studied the papers for half a year, but did
not find anything sensational, and you can draw your own conclusions.'