BOOK REVIEW
TRAGEDY AND MURDER IN PUTIN’S RUSSIA
- Red Notice: A True Story of High Finance, Murder, and One Man’s Fight for Justice
- By Bill Browder
- Simon & Schuster, New York, 2015
- HB, 396 pages, US$28.00
- 978-1-4767-5571-7
Click here to buy Red Notice: A True Story of High Finance, Murder, and One Man’s Fight for Justice
Background
Bill Browder grew up in a highly talented family. His grandfather, Earl Browder, was the head of
the Communist Party USA during the 1930s who ran twice for president.
Ironically, Bill became a “black sheep” in the leftist, academically
oriented family, applying for an MBA at Stanford in his desire to become
a capitalist.
In
his search for a job he looked for a company that could send him to
Eastern Europe. Joining Boston Consulting Group he was sent to the
London office where he became the only member of the Eastern European
“Division.” His arrival coincided with the fall of the Berlin Wall and
with the end of much of the Soviet influence within Eastern Europe. In
1990, he got his first opportunity when he won a contract to advise
AUTOSAN, a Polish bus company being re-structured with the help of a
World Bank loan. His brief stay in the town of Sanok makes for one of
the most entertaining chapters of the book, an often hilarious narrative
reflective of the times about the scarce facilities of the town, the
poor food and his comic interaction with his interpreter, Lescheck
Sikoski. While doing his job, Browder found that Polish companies were
starting to be privatized, their shares being sold at incredibly low
prices as compared to earnings. His back of the envelope calculations
revealed that by buying into them an investor could get his money back
in six months. Using his life savings, $2,000, he bought his first
shares of Eastern European companies. After one year he doubled his
investment and after the second year he again doubled it. Ultimately, he
says, they went up ten times.
He had found his calling.
After
this success he felt he needed more intensive exposure to Eastern
Europe and joined the corporation of Robert Maxwell, who, at the time,
was the most important foreign investor in the Soviet bloc. When Maxwell
was found dead in the sea, the company collapsed and Browder went to
work for Salomon Brothers.
Seeing the light in Murmansk
As
his first assignment with the company, Browder advised the employees of
a Russian trawler company in Murmansk on whether to exercise their
right to buy part of the company under the Russian privatization
program. He soon noticed the company had between one and two billion
dollars worth of ships and was willing to sell 51% of its shares for
about $2.5 million. He felt he had found a potential treasure. Instead
of returning to London he went to Moscow where he arranged some 30
meetings on the topic of Russian company privatizations. The Russian
government had decided to turn over part of its property to the people,
issuing vouchers to every one of its 150 million citizens. Together,
these vouchers could be exchanged for about 30% ownership of all Russian
companies. Since the market value of each voucher was about $20, this
meant that the Russian state was valuing 30% of its total assets at only
$10 billion, only one sixth of the value of Walmart. Russia had about
24% of the world’s reserves of natural gas, 9% of the world’s oil and
produced about 6.6 % of the world’s steel and, yet, was willing to let
go a third of the ownership in these resources for only $3 billion. Even
more astonishing was the fact that anyone could buy these vouchers.
There was a Moscow Exchange Center where packets of vouchers could be
traded.
Browder
returned to London “a man possessed,” only to find that no one at
Salomon Brothers seemed to be interested in this unbelievable
opportunity. He was finally contacted by another “weird guy” in the
company called Bobby Ludwig, who listened to what he had to say and
managed to obtain $25 million from the firm to invest in Russia.
Browder went back to Russia and, based on his recommendations, Salomon
Brothers participated in the acquisition of shares from Lukoil (oil
& gas), United Energy Systems (electricity) and Rostelecom
(telecommunications). Within a short time, their $25 million investment
turned into $125 million. This made a hero of Browder at Salomon
Brothers. However, he says, the firm was not geared to react quickly to
this new business opportunity in Russia. Therefore, he quit the company
and founded his own investment company, Hermitage Capital.
Hermitage Capital: From financial success to enemy of the Russian state
After
a few unsuccessful efforts to raise the required seed capital, Browder
found a partner, Edmond Safra, who committed $25 million to the new
company. His initiative and enthusiasm led him, uninvited, to the World
Economic Forum in Davos. Sleeping on the floor, sharing a room with an
equally entrepreneurial friend, they somehow managed to arrange a dinner
for Russian presidential candidate Gennady Zyugnov, so that he could
meet with a group of powerful international investors as well as members
of the Russian financial oligarchy. During this dinner, Zyugnov made
the startling statement that Communism was “just a label” in Russia and
that, if he won the presidency, privatization of Russian state-owned
companies would continue. Simultaneously, the Russian oligarchs present
at the dinner told Browder that Boris Yeltsin would easily be
re-elected. Reassured from both sides, Browder went on to Moscow and
opened his office. The first company he targeted for acquisition was the
Moscow Oil refinery, MNPZ. In researching this company he found out
about “preferred shares,” those given to the workers during the
privatization process. Not only were these shares cheaper than ordinary
shares but they had recently earned dividends while the others had not.
Their only limitation was that they did not allow voting rights. But,
who cared? Foreign investors never voted their shares anyway.
Browder
had found a gold mine. He promptly started buying preferred shares and,
after Yeltsin was re-elected, he saw his investment grow by 125%.
Almost immediately he found another huge opportunity with a little known
oil company called SIDANCO, its shares being sold at an extremely low
price. Browder invested $11 million in this company, paying $4 a share.
Soon afterwards BP bought 10% of the company at a 600% premium. By 2000,
Hermitage Capital had become the most successful investment company in
the world.
Russian oligarchs did not like Browder’s success
The
Russian oligarch who owned most of SIDANCO did not like to see a
foreigner profit so much from his company, so he advanced a plan to
dilute the company shares without allowing Hermitage to buy into the new
stock issue. This would have generated a loss of some $87 million to
Browder’s company. Against all advice from friends and partners Browder
decided to fight this move and he won.
The
1999 Russian economic crisis was misread by Browder and nearly wiped
out Hermitage. However, his perseverance found another gold mine:
Gazprom. His research found that this company had been divesting of its
assets at ridiculously low prices to benefit Russian oligarchs, while
still retaining significant value due to its oil and gas reserves. He
decided to buy into Gazprom and, at the same time, leaked information to
the press about what he considered to be a stealing of its assets by
the oligarchs. As a consequence of his actions, the Russian state acted
to fire the management of the company and to recover Gazprom’s stolen
assets. Gazprom shares went up a hundred times (not a hundred percent, a
hundred times).
Departing,
perhaps unwisely, from his role as a financial investor, Browder
decided to go after corruption in other Russian companies such as the
National Electricity Company, UES. These moves went against Russia’s
corrupt oligarchs and happened to coincide with Vladimir Putin’s
interests. In fact, for some time Browder was mistaken by many to be
“Putin’s guy.” This situation changed dramatically, when Putin
imprisoned YUKOS chairman Mikhail Khodorkovsky. Browder claims Putin had
decided to become the main oligarch and, as such, was prepared to
destroy all rivals in his path. Browder’s Hermitage became one target.
Tragedy strikes
President
Putin’s new posture was the reason why Browder was listed as a threat
to Russian national security and expelled from Russia, a decision that
would lead to tragedy and death. After being expelled, Browder was able
to help most of his closest collaborators to leave the country, but his
tax lawyer Sergei Magnitsky decided to stay since he candidly believed
Russian justice would work in his favor. He claimed he had nothing to
hide and had done nothing wrong.
Sergei
Magnitsky was a superb lawyer and did a great job of destroying the
official accusations against Browder and his company. In fact, he
uncovered major tax fraud through which Russian bureaucrats had pocketed
$230 million that belonged to the Russian state. In retaliation he was
sent to prison, where he was denied his rights, tortured and eventually
assassinated by the Russian police. He never surrendered.
Magnitsky’s
heroic death in 2009 triggered Browder’s conversion, from financier to
human rights activist. He became determined to make Sergei’s torturers
and killers pay for their crimes. Finding little support from the
government in London, he decided to ask for help in Washington. He found
a champion in Kyle Parker, at the U.S. Helsinki Commission. Parker took
up Magnitsky’s case with passion and persuaded Senator Ben Cardin to
send a letter to then-Secretary of State Hillary Clinton asking for
sanctions against those responsible for the Magnitsky’s death. This
letter was an unprecedented step, a U.S. senator calling for sanctions
against 60 Russian officials. The State Department dragged their feet
and even convinced Senator Kerry to obstruct the move in Congress.
However, a strong show of solidarity involving both sides of the
congressional aisle pushed it through. Co-sponsored by Senators Cardin
(MD-D), McCain (AZ-R), Wicker (MS-R) and Lieberman (CT-D), it received
so much support that it was passed in
2012 and became known as the Sergei Magnitsky Rule of Law
Accountability Act, the result of the titanic efforts by Browder and his
group of activists.
The
Magnitsky Act represented a major victory for justice against a rogue
Russian state that had been transformed into a Putin-led crime
syndicate. It was an example of the democratic process at its best and
proved that perseverance, good strategy, media support and the goodwill
of top level members of Congress could result in the passing of a law
against corruption and international human rights violations. Putin’s
machine tried hard to retaliate but failed.
Bill
Browder was judged and sentenced to prison in absentia by the Russian
authorities. He probably will never feel safe anywhere as long as he
lives. But his fight and victory are proof that when an evil deed takes
place there will be a consequence.
The words of Andrew Jackson come to mind: “One man with courage makes a majority.”
Gustavo Coronel, who served on the board of directors of Petróleos de Venezuela (PdVSA), has had a long and distinguished career in the international petroleum industry, including in the USA, Europe, Venezuela and Indonesia. Mr. Coronel was also the Venezuelan Representative of Transparency International, a Berlin-based organization fighting corruption. He is an author, public policy expert and contributor to SFPPR News & Analysis.
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