Subject:

RE: urgent issue

From:
"Heather King" hking@BSFLLP.com
To:
"Hunter Biden" hbiden@rosemontseneca.com, "Michael Gottlieb" MGottlieb@BSFLLP.com, "Devon Archer" darcher@rosemontseneca.com
Date:
2014-05-12 11:41

Got it – this is helpful.Thank you.

 

Heather King, Esq.

Partner

BOIES, SCHILLER & FLEXNER LLP
5301 Wisconsin Avenue, N.W.
Washington, D.C. 20015
202-274-1129 (Phone)
202-237-6131 (Fax)

hking@bsfllp.com

 

From: Hunter Biden [mailto:hbiden@rosemontseneca.com]
Sent: Monday, May 12, 2014 11:39 AM
To: Heather King; Michael Gottlieb; Devon Archer
Subject: Fwd: urgent issue

 



RHB

202.333.1880


Begin forwarded message:

From: Vadim Pozharskyi <v.pozharskyi.ukraine@gmail.com>
Date: May 12, 2014 at 6:21:24 PM GMT+3
To: Hunter Biden <hbiden@rosemontseneca.com>
Cc: Devon Archer <darcher@rosemontcapital.com>
Subject: Re: urgent issue

Dear Hunter and Devon,

 

As to the questions you posed:

 

What are the formal (if any) accusations being made against Burisma and/or it's holding companies.

-          Official letters – Inquires from the Ministry of Internal Affairs that were sent to Ministry of Ecology and Natural Resources and  to State Geological and Subsurface Survey are attached in Ukrainian and translated in English for your usage. Please mind that we had obtained that unofficially. In that letters it’s stated that pretrial proceedings started following art. 191 part 5 of the Criminal Code -“Misappropriation, embezzlement or conversion or property by malversation” ,full text is attached for your information. Why the use this article and what they mean from formal point of you in unclear. My colleagues tell me that Ministry of Internal Affairs these days uses this article in most case to start any pretrial proceedings.

 

What ultimately is their goal in attacking Burisma?

-          Using this article as it seen from the text in the inquires letters  they wont to receive all possible information with regard to licenses issued to “PARI” and “ESCO-PIVNICH” companies, with an aim to find/ make up reasons to revoke, cancel those licenses etc.  and stop the business!

 

Who is ultimately behind these attacks on the company?

-          That is Acting Minister of Internal Affairs -  mr. Avakov and most probably his political bosses , Tymoshenko, Turchinov

 

 Who in the current interim government could put an end to such attacks?

-          Prime- Minister Yaceniuk or acting President Turchinov could “communicate a request to Acting Minister Avakov to  stop that”

 

!!! Important: Within the period of 2005-2008 during the times when the same political elite was in power, they tried to revoke licenses from the same 2 companies on a formal/technical grounds. Within that period “PARI” and “ESCO-PIVNICH” eventually in 2007 and 2008 were victories in all court instances including the highest ones and fully reinstated their licenses.

Those facts were described also and supported by an independent investigations made by Kroll company, the report is attached for your information, please see pages 11 and 12.

Detailed summaries as to the respective court proceedings with regard to both companies are now being translated and I will send them to you tomorrow.

 

Best regards, Vadym

 

 

 

 

 

 

2014-05-12 15:51 GMT+03:00 Hunter Biden <hbiden@rosemontseneca.com>:

Vadim-

I am with Devon in Doha. We will have a discussion with the Boies Schiller team ASAP. What are the formal (if any) accusations being made against Burisma and/or it's holding companies. What ultimately is their goal in attacking Burisma? Who is ultimately behind these attacks on the company? Who in the current interim government could put an end to such attacks? Thanks, Hunter

RHB


On May 12, 2014, at 3:29 PM, Vadim Pozharskyi <v.pozharskyi.ukraine@gmail.com> wrote:

Dear Hunter and Devon,

 

Following our talks during the visit to the Como Lake and our further discussions, I would like to bring the following situation to your attention.

 

As previously pointed out on a number of occasions, the representatives of new authorities in power tend to quite aggressively approach N. Z. unofficially with the aim to obtain cash from him. Initially, it was done by the representatives of Svoboda party and the Ministry of Internal Affairs. These so called unofficial "communications" would entail blackmailing: in case we don't cooperate i.e. provide money in cash the gaz production business of N.Z. would be stopped, destroyed etc…

 

It’s important to note that Svoboda party is represented in the government by the General Prosecutor and by Minister of Ecology and Natural Resources Of Ukraine. The last organ together with the State Geological and Subsurface Survey of Ukraine, which is directly subordinated to the Ministry of Ecology and Natural Resources of Ukraine, are principal regulators in the area of issuing licenses for natural resources and control.

 

After unsuccessful attempts to receive funds from our side, they proceeded with concrete actions.

 

So far we got information (through unofficial channels) that one or more pretrial proceedings were initiated by the Ministry of Internal Affairs with regrad to Burima Holdings companies that are heavily engaged in gas production and happen to be our Holdings' key companies.

 

The Ministry of Internal Affairs contacted the Ministry of  Ecology and Natural Resources and the State Geological and Subsurface Survey of Ukraine to obtain all documents concerning licenses issued since 2006 until now to the companies of our Holding.

 

Apart from that, they would unofficially approach our partnres, clients, suppliers trying to intimidate them to stop working with our companies.

 

These are typical instruments to destabilize business.

 

We urgently need your advice on how you could use your influence to convey a message / signal, etc .to stop what we consider to be politically motivated actions bearing in mind the following:

 

Burisma holdings is a leader among private gas producers;

Our primary client is Accelor Mital- Ukraine's biggest metal steel plant. We cover more thet 60% of its gas needs.

Our clients and their production are largely dependant on our work and our ability to perfom our contractual obligations;

We employ hundreds of employees etc. and etc.;

Negative influence on our companies may result in multy-level negative social, econimical and political consequnces.

 

Please advice, looking forward for your reply,

 

Vadym Pozharskyi

 



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