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Jailed Russian oil
tycoon Mikhail Khodorkovsky claims Kremlin pressure forced Big 4
accounting firm PwC (PricewaterhouseCoopers) to adjust audits on the dismantled
oil firm Yukos.
Khodorkovsky who came
to prominence during the chaotic privatisation of Russian state industries in
the aftermath of the collapse of the Soviet Union, was jailed for tax evasion in
2003 for 8 years, after giving financial support to political opponents of then
president, Vladimir Putin. His publicly listed oil company was dismantled and
divided between state enterprises.
Russian prosecutors
in 2007 charged Khodorkovsky with embezzlement of the total oil production of
Yukos between 1998 and 2003. Conviction would keep him behind bars for
decades more.
In March 2007, police
raided PwC’s Moscow office and the Interior ministry said it was launching a
criminal investigation into alleged tax avoidance by PwC. The latter denied any
wrongdoing.
The Wall Street Journal says Douglas
Miller, the main PWC partner on the Yukos account, left Russia as the pressure
rose but in April 2007, he returned to Moscow to speak to investigators at the
behest of PWC. Case records show he was questioned as a witness at the Moscow
offices of the Prosecutor General five times over 10 days in early May 2007. He
wasn't charged with any crime.
Transcripts of the questioning were
reviewed by The Wall Street Journal. They indicate that prosecutors were seeking
evidence to support the embezzlement case that they had brought against
Khodorkovsky and his partner, Platon Lebedev, in early 2007.
At a sixth interrogation on June 4,
2007, prosecutors asked Miller about PWC's plans to withdraw its audit opinions
for Yukos's financial statements. The Journal reports Miller answered that there
were active discussions of the issue going on at higher levels of PWC.
Within weeks, Russian prosecutors
closed their investigation of alleged tax avoidance by PwC.
The Financial Times reports Douglas
Miller told prosecutors on June 4th that he believed information revealed
during the investigation shows Yukos management misled PwC and would recommend
withdrawal of 10 years of audits.
The defence lawyers
argue that without the audits being withdrawn, the prosecutors would have had
difficulty pursuing the charges - - even in a Russian court - - as all the
oil production the investigators claimed were embezzled had been accounted for
and consolidated into the Yukos oil group by PwC under US accounting principles.
The Journal
says as Russian prosecutors prepared to call Miller as a witness in the second
case against Khodorkovsky in the spring of 2009, he left Russia and PWC.
Khodorkovsky's
attorneys have requested the US District Court in Manhattan to order PwC to
produce documents related to its decision. They have also requested the
California Board of Accountancy to revoke the license of Douglas Miller.
Apart from
keeping Khodorkovsky and his partner in jail, it is argued that Russia would use
a guilty charge of embezzlement to bolster its defence in several international
cases related to the seizure of Yukos.