Case Chronology
October 6, 2008
The defendants produced their expert witnesses for the first time at this hearing; limited testimony given.
The Court granted the Russian Federal Customs Service's request for a short continuance in its RICO (Racketeer Influenced and Corrupt Organizations Act) case against The Bank of New York and issued a six week continuance. The next hearing is scheduled for November 13, 2008 in Moscow.
August 4, 2008
The Moscow Arbitration Court requests that the defendants produce their experts for testimony regarding the court's consideration of the application of RICO in this case. The defendants refuse to allow their experts to testify and request an extension. The court grants an extension and schedules the next hearing for October 6th, 2008 and rules that the defendants must produce their expert witnesses at that hearing.
July 29, 2008
The Moscow Arbitration Court continues to hear expert testimony from plaintiff's expert G. Robert Blakey, the author of the RICO statute and world's foremost authority on RICO and hears testimony from plaintiff's expert RICO witness Harvard Professor Alan Dershowitz regarding the court's consideration of the application of RICO in this case.
July 28, 2008
The Moscow Arbitration Court hears expert testimony from plaintiff's expert G. Robert Blakey, the author of the RICO statute and world's foremost authority on RICO regarding the court's consideration of the application of RICO in this case.
July 3, 2008
The Moscow Arbitration Court hears expert testimony from plaintff's RICO expert Bruce Marks regarding the application of RICO, hearings continued to July 28.
June 30, 2008
The Moscow Arbitration Court hears testimony from plaintiff's expert Evgeny Vasilyev, a professor at Moscow State Institute of International Relations, who spoke on behalf of the plaintiff.
June 2, 2008
Russian Federal Customs Service announces Alan Dershowitz, G. Robert Blakey, and Judge Pratt to provide expert testimony on its behalf regarding the question of the application of RICO by a Russian court.
• Harvard Professor Dershowitz and Federal Judge Pratt are both highly regarded RICO experts. Professor Blakey, the principle draftsman of the RICO statute, is widely considered the foremost authority on RICO.
May 13, 2008
The Court orders attorneys for both sides to compile expert RICO witnesses to testify at the next June 30th hearing. At that time, the court plans to hear testimony on the proper application of RICO in this case and then rule on the motion to dismiss.
April 7, 2008
BoNY files motion to dismiss the case on grounds that RICO law is not permitted for use by a Russian court
February 29, 2008
BoNY loses its motion to invalidate U.S. counsel’s Power of Attorney
• BONY’s lead Russian counsel allows himself to become subject to criminal prosecution by the General Prosecutors office for slander based on his false allegations.
BoNY files motion to remove the head Russian judge from the three-judge panel using a remotely based argument of impartiality
• BoNY loses its motion to remove the head judge. The two other judges deny BONY’s motion based on lack of evidence showing any impartiality by the head judge
February 13, 2008
BoNY appears in court and challenges the authenticity of the Russian Federal Customs Service power of attorney for its U.S. counsel.
November 13, 2007
After several hearings that the Bank refuses to attend, The Moscow Arbitration Court rules that, the defendant, The Bank of New York has been properly served and notified of the proceedings. The judge also rules that the trial will proceed ‘with or without the defendant’.
• During this last “defendant no-show” proceeding, BONY supplanted attorneys in the back of the courtroom in a clandestine attempt to take notes. When the judge asked one individual to identify himself, he replied, “I am a legal representative of the Bank of New York.” To which the Judge responded, “Please notify your client that they have been properly served and that this trial will proceed with or without their presence.”
May 17, 2007
Russian Federal Customs Service (FCS) files a $22.5 billion claim against the Bank of New York
• BoNY delays the case for months by refusing to acknowledge the Russian court’s service of notice regarding the lawsuit
November 4, 2005
BoNY admits criminal conduct by entering into a Non-Prosecution Agreement with US Attorney’s Office. They pay a total of $38 million relating to this agreement, which is the largest money laundering penalty paid by a United States bank in history.
February 16, 2002
BoNY V.P. Lucy Edwards and her husband Peter Berlin plead guilty to criminal money laundering and are sentenced to arrest and pay fines.
1996-1999
$7.5 billion is funneled through BoNY accounts of front companies set up by BoNY executives as part of an elaborate money laundering scheme.
• Bank allows executive’s spouse special use of its proprietary wire transfer software to use at home to transact hundreds of wires per day.
• The Bank’s internal auditors recommend that the executives involved be fired for their activities. The Bank of New York instead promotes the same executives.
• The branch in which the illegal activities occur, becomes the highest grossing branch in the The Bank of New York due to the massive dollar amounts laundered. Despite this remaining a conspicuous fact for several years, the bank makes no formal inquiries or investigation into these irregular and high profile illegal activities.
