CL-2021-000649 - [2025] EWHC 1333 (Comm)

Fecha: 03-Jun-2025

The Claimants’ New Case

The Claimants’ New Case

52.

The case which the Claimants now put is as follows:

(1)

It was apparent from previous correspondence that Mr Marinichev was aware of the 2010 ACVR judgment and had previously referred to its effect correctly.

(2)

The Explanations Document was an important document which had been requested by the Russian authorities for an understanding of the transfers of assets relating to Loan 1 and Loan 2 and which Mr Marinichev would have known would be relied upon.

(3)

It was thus, as Mr Marinichev would have been aware, important for him to present the position accurately.

(4)

The misstatements made in the Explanations Document were reflected in the Embezzlement Indictment in 2016.

(5)

It thus can only be the position that what Mr Marinichev said in the Explanations Document was deliberately misleading and intended to further the Raider Attack.

53.

The case is pleaded as follows:

“In the premises it is to be inferred that, prior to providing the Explanations Document to the FSS, Mr Marinichev was either informed or otherwise appreciated that the FSS expected him to provide material which could be used to justify the pursuit of false criminal charges against Mr Gerasimenko.
Mr Marinichev would therefore have appreciated that the Russian criminal authorities would use the false and misleading material in the Explanations Document as a justification for pursuing false criminal charges as a part of a [Raider Attack].”