Subject:

Privileged and Confidential

From:
"Heather King" hking@BSFLLP.com
To:
"Vadim Pozharskyi (v.pozharskyi.ukraine@gmail.com)" v.pozharskyi.ukraine@gmail.com
CC:
"Hunter Biden (hbiden@rosemontseneca.com)" hbiden@rosemontseneca.com, "Devon Archer (darcher@rosemontseneca.com)" darcher@rosemontseneca.com, "alan.apter@burisma.com" alan.apter@burisma.com
Date:
2014-05-25 14:19

Vadim – I am writing to once again urge Burisma to approve the hiring of the research company I recommended: Nardello.  Their work will be critical to everything else we want to do to help you – legal, PR and lobbying – and should begin immediately.  I have listed below some of the reasons I think Nardello is the right choice and why, in particular, Kroll is not the right choice for this work:

 

1.       This case would be personally managed by Dan Nardello. He is a reputable former federal prosecutor in the U.S. and is an expert on corruption issues.  He and other members of his team, who would work on this matter, have superior anti-corruption credentials and all of their research would be informed by that.  This expertise will help us gather the right information to make our case that the Ukrainian government is abusing the law if they do something like try to take Burisma’s licenses or prosecute your executives. In addition, it will help to tell the U.S. government that a company with Nardello’s reputation, and no pre-existing relationship with Burisma, examined Burisma. 

2.       I do not believe Kroll can offer us the personal attention of senior professionals with such anti-corruption expertise. Kroll is much more of a formal corporate structure where you are relegated to local offices and don’t get access to the same level of judgment and expertise.

3.       Kroll has a reputation for white-washing and are not as trusted for due diligence work in the U.S. right now.  For example, Kroll was hired to conduct due diligence related to a man named Allen Stanford. They did not do thorough research and they understated very significant issues, to great consequence. (If you Google Allen Stanford and Kroll you will see many reports of this and here is one: http://www.businessinsurance.com/article/20090717/NEWS01/907179986#)

4.       Nardello has done a lot of work in Ukraine and in the region as a whole.  We will benefit greatly from their familiarity with the politics in the region, their past research, and their network within Ukraine.

5.       Nardello has an acute legal understanding of what needs to be examined and reported on, due to the former prosecutors that lead their work.  

6.       I have heard reports of Kroll’s lack of professionalism and quality control generally (they are known for going over budget, missing deadlines, and having junior people do most of the work). 

 

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

 



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