Asset Recovery Watch

ARW-150
Pavel Borodin
Russian Federation
State Secretary of the Union of Russia and Belarus (inclusive 2000-2001); Chief of the Administrative Directorate of the Russian Federation (?-2000)
Switzerland
Undertaking Recovery Effort, Location of Recovery Effort
2000
2002
Art.16, Art.23
Yes
Criminal Prosecution; Criminal Fine
MLAT
European Convention on Mutual Legal Assistance in Criminal Matters (Switzerland - Requesting State; Russia - Requested State)
Ongoing
Final Judgment (No Appeal)
[fine ordered but unknown if paid]
No
N/A

According to a December 19, 2000 Press Release by the Swiss Federal Department of Justice and Police, the Swiss authorities requested and received from the Russian Federation, mutual legal assistance in the investigation of Mr. Borodin's case. (Source: Swiss Federal Department of Justice and Police Press Release, Bundesanwaltschaft stellt Rechtshilfe der Schweiz an Russland im Strafverfahren <> ein," December 19, 2000, accessed at http://www.ejpd.admin.ch/content/ejpd/de/home/dokumentation/mi/2000/2000....) According to a Swiss Federal Office of Justice Press Release of February 5, 2001, Switzerland sought Mr. Borodin's extradition from the U.S., stating that "The request is based on two arrest warrants issued on 10 January 2000 and on 24 January 2001, respectively, by the Geneva Examining Magistrates, who are conducting a criminal proceeding against Borodin on account of money laundering and participation in a criminal organisation." (Source: Swiss Federal Department of Justice and Police Press Release, "Switzerland asks the US to extradite Borodin," February 5, 2001.) According to the St. Petersburg Times, in March 2002, a judgment was entered in Switzerland against Mr. Borodin on a money laundering charge and he was fined $177,000. The article reported Mr. Borodin's attorneys as stating that he would not appeal the decision because he did not "recognize the court's jurisdiction." (Source: Robin Munro, "Convicted Borodin Will Defy Swiss Courts," St. Petersburg Times, March 19, 2002). According to the article, Mr. Borodin's case dates back to 2000, when Swiss authorities accused him of receiving $30 million in kickbacks from two Swiss companies (Mabetex and Mercata) involved in the renovation of the Kremlin, and funneling the proceeds through entities owned by him or his family members. The Swiss issued an international arrest warrant, and in 2001, he was arrested as he sought to enter the U.S. and subsequently extradited to Switzerland. (Source: Pavel Borodin (petitioner) v. Ashcroft (respondent), Case No. 01-civ-1433 (E.D.NY), Memorandum and Order March 21, 2001 (denying Mr. Borodin petition seeking release pending extradition hearing; also details allegations of Mr. Borodin's misuse of corporate vehicles made by the Swiss authorities as part of their formal extradition request.) According to the BBC, Mr. Borodin was briefly detained in Switzerland but returned to Russia after posting bail of $3 million. The BBC stated that the Russian news agency, Interfax, quoted the deputy chief of the special investigations department of the Russian Prosecutor-General's Office, Ruslan Tamayev, as saying there was "no case" against Mr. Borodin. (Source: BBC News, "Moscow aide flies home on bail," April 13, 2001, accessed at http://news.bbc.co.uk/2/hi/europe/1275813.stm.)

According to the St. Petersburg Times, on March 19, 2002, a judgment was entered in Switzerland against Mr. Borodin on a money laundering charge and he was fined $177,000. The article reported Mr. Borodin's attorneys as stating that he would not appeal the decision because he did not "recognize the court's jurisdiction." (Source: Robin Munro, "Convicted Borodin Will Defy Swiss Courts," St. Petersburg Times, March 19, 2002).

Prosecutor General's Office, Moscow
Geneva Canton Police
[Public Prosecutor, Geneva, Switzerland, criminal prosecution] U.S. Attorney for the Southern District of New York (extradition)
Switzerland: Unspecified; U.S. District Court for the Southern District of New York (extradition)