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平庸中的锻炼:道德修养者霍多尔科夫斯基的辩护者
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我对霍多尔科夫斯基的观点-进而被他认定为挪用公款25亿美元的罪责-并非完全是个秘密(1, 2, 3),因此我将简要介绍一下。

1.像往常一样,唯一关心这个的人是西方政客 渴望得分 针对俄罗斯对透明度和法治的“攻击”的廉价镜头(请注意,同一个人 没问题 压制维基解密并杀死阿桑奇-每个人都应受到同等的审查,但其中的某些人比其他人更平等!); MBK的律师和公关人员。 以及由他们操纵的天真的,傻瓜和思想家的大军。 顺便说一句,我最喜欢的照片在上面,显示老年女士与他们英雄的那张别致的光泽海报游行,梅德韦杰夫和普京在他的背后暗暗阴谋。 我敢肯定,他们用退休金全都资助了这笔钱。

2. MBK的公关人员的标准论点是这样的:霍多尔科夫斯基怎么可能犯有挪用自己公司的25亿美元的罪名? 特别是考虑到他已经被发现犯有逃税罪? 但这只是在乞求一个问题。 暗示,不是事实。 MBK *可能*不会 直接 对此,我确信检察官发现了一些法律漏洞或足以使他定罪的其他漏洞。 我可以想象一个场景,如果他最初因逃税而被定罪的话-如果由MBK的各种LLC和控股公司保留(他们大概是保留的话)-也可能构成挪用公款。



问题就变成了 是否的问题 俄罗斯的反双重危险法律适用于本案; 从理论上讲,既可以逃税,又可以剥夺股东的股息,即贪污。 我不知道法律细节,但也不知道超过 99% 的专家; 我确实想强调的是,即使从 MBK 的辩护者所强调的律法主义的观点来看,事情也远非一个简单的“普京的仇杀反对“独立商人”。

3.关于梅德韦杰夫为何应宽恕MBK,我将不重复其他论点(例如,这本身就是对法律程序的颠覆;美国未经关押在关塔那摩的人而将其囚禁在人身之外)路人进入我地下室的杂耍风格;他从不关心法治,直到法治回过头来。 底线是他在夺权方面失败了。 对他来说太可惜了,他应该用自己不义之财来购买带有AA系统的外国足球俱乐部和豪华游艇。 世界上最小的小提琴,为失去的机会而战!

4.自由知识分子和自由主义者的寡头主义者热衷于谈论霍多尔科夫斯基的政治“迫害”将如何导致投资者从俄罗斯这个没有金砖四国的经济困境中撤出资金。 我专门检查了这一点,并观察到绝对零可识别的影响 RTS股票市场 27月XNUMX日,MBK被判有罪。 (当然,赦免罪犯只是为了安抚国际资本的痛苦感觉,这也许是他们中间最容易受到谴责的支持MBK的论点)。

(从重新发布 崇高的遗忘 经作者或代表的许可)
 
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  1. What would you say to the assertion that even if Khodorkovsky is guilty (of fraud, tax evasion, embezzlement, and the like), he has already served prison time for his crimes and should therefore be set free?

    • 回复: @Anatoly Karlin
    娜塔莉(Natalie)

    He served time for tax evasion. The second trial is for the embezzlement. The only valid legalistic objection to it that I've seen is double jeopardy, but whether it can apply to MBK's advantage is a complex and debatable question IMO.

    回复:@Mark

    , @kirill
    娜塔莉(Natalie)

    The same standards should be applied to all. In this case Khodorkovsky would be doing 25 years for the fraud he already committed if he was in the USA. A 9 year sentence is a slap on the wrist. As noted already, doing time for one conviction does not mean you get a "get out of jail free card" for all other convictions.

    The west's, primarily anglophone, bleating about Khodorkovsky looks exactly like the bleatings of the climate change denialists. It's all about conspiracies and never about the facts. The way that the oligarchs got rich in Russia in the 1990s was not some succeed by the sweat of one's brow ideal. It was bloody gangsterism. They never got Al Capone on any of the murders he was responsible for.

    , @Anonymous
    娜塔莉(Natalie)

    Well my dear. Here in JewSA we had a very similar crook as Khodorkovky, his name is Bernie Maddoff. he stole from the people just like your crook did almost same amount of cold cash as your crook did. Bernie is in for good, 150 years, he ain't coming out before than, believe me, if he does he will be run over by the mad mob waiting for him.Khodorkovsky got off easy, believe me. Actually he also should get 150 at least!

  2. @Natalie
    What would you say to the assertion that even if Khodorkovsky is guilty (of fraud, tax evasion, embezzlement, and the like), he has already served prison time for his crimes and should therefore be set free?

    Replies: @Anatoly Karlin, @kirill, @Anonymous

    He served time for tax evasion. The second trial is for the embezzlement. The only valid legalistic objection to it that I’ve seen is double jeopardy, but whether it can apply to MBK’s advantage is a complex and debatable question IMO.

    • 回复: @Mark
    @Anatoly卡琳

    Giuseppe pointed out on my blog that the original sentence had nothing to do with evasion of taxes on oil - it was something to do with a fertilizer company YUKOS had acquired. I hadn't heard that, and he's still digging, but Eugene Ivanov's sending me the text of the legal opinion following his first sentencing, and I'll post it as soon as I get it.

  3. @Natalie
    What would you say to the assertion that even if Khodorkovsky is guilty (of fraud, tax evasion, embezzlement, and the like), he has already served prison time for his crimes and should therefore be set free?

    Replies: @Anatoly Karlin, @kirill, @Anonymous

    The same standards should be applied to all. In this case Khodorkovsky would be doing 25 years for the fraud he already committed if he was in the USA. A 9 year sentence is a slap on the wrist. As noted already, doing time for one conviction does not mean you get a “get out of jail free card” for all other convictions.

    The west’s, primarily anglophone, bleating about Khodorkovsky looks exactly like the bleatings of the climate change denialists. It’s all about conspiracies and never about the facts. The way that the oligarchs got rich in Russia in the 1990s was not some succeed by the sweat of one’s brow ideal. It was bloody gangsterism. They never got Al Capone on any of the murders he was responsible for.

  4. There’s something to Nat’s suggestion that at least a portion of MBK’s time served is owed to him, because a fairly good chunk of it was pretrial detention, which is illegal in all but the narrowest set of circumstances. The authorities might get away with suggesting he was a flight risk, and he certainly might have been, but to all appearances he came along quietly. I personally think it’s because he believed his army of lawyers would blow the doors off the prosecution, but my opinion doesn’t matter to the outcome.

    There’s a decent explanation at La Russophobe – of all places – by a commenter called “free”, which goes like this;

    “Here are the facts;

    Yukos did establish several companies in reduced tax rate zones in Russia. These companies gained a lower tax rate illegally as they had no activity in the region. In fact the law required that these companies invested any tax relief in the area.

    Subsidiaries of Yukos sold oil at below market value to these new companies in low tax areas. These companies then sold that oil on at market value at a reduced tax rate. Yukos’s claimed that these companies were not affiliates and they received no income from them. In fact money from these companies seams to be missing hence hence the embezzlement charges against certain individuals.

    Even a monkey can see how this is illegal.

    The tax bill in question is in regards to Yukos, its subsidiaries and the companies it set up in low tax zones. Therefore it has to be taken in context with the revenues of all these companies not just Yukos as your suggesting.
    Yukos broke not only the law but the spirit of the tax free zones which where designed to encourage investment in regions of Russia not for tax evasion.

    Then there is the only Yukos was prosecuted again this is myth and untrue. LUKOIL paid its tax bill in 2001 in a very similar scheme. The 8 billion dollars Yuko’s offered as a settlement could not be accepted as it was offered at least partly as Sibneft shares who’s assets where in dispute at the time.”

    The grammar and spelling are a little shaky, but he otherwise – through a lengthy back-and-forth – sounds like he (or she) knows what he’s talking about. Anyway, this could account for the “stolen oil” that some insist was never stolen; it was sold at an illegal tax rate.

    Anyway, I’m happy to agree he’s probably being set up. That doesn’t change the fact that he’s a criminal, and will never be charged with a good deal of the things he got away with because there’s no proof, and that’s because he was extremely careful. I’d think the west would be delighted with the verdict, since they usually suggest Putin kills everyone who opposes him. Here’s a bet – the sentence will be six more years. Added to the time already served, that’ll work out to fifteen years, which is the maximum they could have given him for tax-related criminal activity.

  5. @Anatoly Karlin
    娜塔莉(Natalie)

    He served time for tax evasion. The second trial is for the embezzlement. The only valid legalistic objection to it that I've seen is double jeopardy, but whether it can apply to MBK's advantage is a complex and debatable question IMO.

    回复:@Mark

    Giuseppe pointed out on my blog that the original sentence had nothing to do with evasion of taxes on oil – it was something to do with a fertilizer company YUKOS had acquired. I hadn’t heard that, and he’s still digging, but Eugene Ivanov’s sending me the text of the legal opinion following his first sentencing, and I’ll post it as soon as I get it.

  6. “…my favorite photo is above, showing elderly ladies parading with that chic glossy poster of their hero, with Medvedev and Putin darkly conspiring behind his back. I’m sure they funded it all out of their pensions.”
    Implication is that pensioners were paid (probably by MBK lawyers?) to wave posters, so that Western media could show photos of demonstrations, thus create illusion of mass opposition movement. Although western media usually prefer images of younger, more physically attractive demonstrators, like Green movement in Iran, texting and twittering as they demonstrate, to show how the hip youth of the world supports Western Values. Oh well, I guess this was the best they could come up with on short notice.

    • 回复: @kirill
    @雅兰

    That's right. These pensioners is all that could be bought to protest and clearly they did not make those posters on their inkjet printers. LOL. I wonder what the western elites hope to accomplish with these lame smear attempts at Russia. Is it really only for western consumption, since it is clear that they are not rallying Russians to the "poor gangster oligarch persecuted by the duly elected, popular government" cause.

    回复:@Mark

  7. @Yalensis
    “…my favorite photo is above, showing elderly ladies parading with that chic glossy poster of their hero, with Medvedev and Putin darkly conspiring behind his back. I’m sure they funded it all out of their pensions.”
    Implication is that pensioners were paid (probably by MBK lawyers?) to wave posters, so that Western media could show photos of demonstrations, thus create illusion of mass opposition movement. Although western media usually prefer images of younger, more physically attractive demonstrators, like Green movement in Iran, texting and twittering as they demonstrate, to show how the hip youth of the world supports Western Values. Oh well, I guess this was the best they could come up with on short notice.

    回复:@kirill

    That’s right. These pensioners is all that could be bought to protest and clearly they did not make those posters on their inkjet printers. LOL. I wonder what the western elites hope to accomplish with these lame smear attempts at Russia. Is it really only for western consumption, since it is clear that they are not rallying Russians to the “poor gangster oligarch persecuted by the duly elected, popular government” cause.

    • 回复: @Mark
    @kirill

    很好的分析。

  8. @kirill
    @雅兰

    That's right. These pensioners is all that could be bought to protest and clearly they did not make those posters on their inkjet printers. LOL. I wonder what the western elites hope to accomplish with these lame smear attempts at Russia. Is it really only for western consumption, since it is clear that they are not rallying Russians to the "poor gangster oligarch persecuted by the duly elected, popular government" cause.

    回复:@Mark

    很好的分析。

  9. This is the way ruling class systems work. Force all citizens to walk through a minefield of eternal legal liability and selectively toast those that step on the land mines. Securities, tax, environmental, campaign finance laws are (intentionally) legally amorphous minefields for the politically aspirant and soon everybody else. The McCain – Feingold Act is one example. Not only is John McCain a card-carrying member of the Keating Five, he also did his part to make the campaign finance minefield lethal enough to enable the felony prosecution of trial lawyer Geoff Fieger:

    http://www.abajournal.com/news/article/spences_no_loss_record_stands_with_fieger_acquittal/

    Fieger was probably going to Putin-ize the Michigan legal system and the USDOJ under Bush apparently wanted him taken care of. Problem is, everybody in Michigan knows exactly what Fieger is just like the people in Russia know Khordorkovsky. Political prosecutions are legal grey area popularity contests.
    -
    The uber-liberal legal system in Angela Merkel’s Germany lets slav-killers roam free:
    Apparently this should apply to Russia as well right? I think not:

    http://en.wikipedia.org/wiki/Monica_Seles
    http://news.bbc.co.uk/onthisday/hi/dates/stories/april/30/newsid_2499000/2499161.stm

    I’d like to ask Angela Merkel…are all Germans fidgety paranoid backstabbers or does this just happen at tennis tournaments?
    -
    In a ruling class system all discriminations are corporate and all prosecutions are political. Bill and Hillary Clinton should know this all too well since they are the worlds most visible advocates for ruling class concepts.

  10. The positive thing is that Putin is more open to protecting democracy and free trials in Russia then he was when the war in Chechnya broke out and the results were far more concerning than Khodorkovsky’s $25bn embezzlement.

  11. @Natalie
    What would you say to the assertion that even if Khodorkovsky is guilty (of fraud, tax evasion, embezzlement, and the like), he has already served prison time for his crimes and should therefore be set free?

    Replies: @Anatoly Karlin, @kirill, @Anonymous

    Well my dear. Here in JewSA we had a very similar crook as Khodorkovky, his name is Bernie Maddoff. he stole from the people just like your crook did almost same amount of cold cash as your crook did. Bernie is in for good, 150 years, he ain’t coming out before than, believe me, if he does he will be run over by the mad mob waiting for him.Khodorkovsky got off easy, believe me. Actually he also should get 150 at least!

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