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: JURIST - The Paper Chase

Khodorkovsky seeks dismissal of new charges for lack of evidence

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] Defense lawyers for former Russian oil executive Mikhail Khodorkovsky on Friday sought to have new charges of embezzlement and money laundering against Khordorkovsky and his former business partner Platon Lebedev  dropped. The two men are accused of illegally taking approximately $20 billion from Russian energy firm OAO Yukos Oil Co., but challenged the allegations, asserting that the evidence against them was insufficient  to sustain the prosecution. Their trial on the charges began on Wednesday and their latest request comes one day after Judge Viktor Danilkin refused to recuse himself from the case amid accusations of bias. If found guilty, Khodorkovsky could face 22 years in jail in addition to the eight years he is already serving for fraud and tax evasion. Critics have claimed that the charges against Khodorkovsky and Lebedev are politically motivated due to Khodorkovsky's opposition of former Russian president Vladimir Putin. The transfer of the two from prison to Moscow to stand trial on the new charges was ordered two weeks ago by a judge for the District Court in Moscow. Khodorkovsky still maintains that his 2005 conviction  on the fraud and tax evasion was unjust, and maintains his innocence. He requested early release from that sentence last July, but his application was rejected in August because he disobeyed guards at the Krasnokamensk penal colony, refused to participate in a training program, and faced the possibility of additional charges. Khodorkovsky has appealed that decision.

Full post as published by JURIST - The Paper Chase on March 06, 2009 (boomark / email).

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