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SUBJECT:
Re: Privileged and Confidential
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FROM:
A
alan.apter@burisma.com
DATE:
2014-05-31 17:06:17
MSG_ID:
<CAKOGUJHHJkWNyfnnBJyusCNxgL5XDjOAH=pq4odfEjWKKkgCfg@mail.gmail.com>
RECIPIENTS:
TO:
R
Toohey, Ryan
<ryan.toohey@fticonsulting.com>
CC:
D
darcher@rosemontseneca.com
H
hbiden@rosemontseneca.com
H
Heather King
<hking@bsfllp.com>
J
McInerney, Jamie
<jamie.mcinerney@fticonsulting.com>
L
Pacheco, Lawrence
<lawrence.pacheco@fticonsulting.com>
V
Vadim Pozharskyi
<v.pozharskyi.ukraine@gmail.com>
CONTENT:
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never got his email agree fully with Ryan's plan look forward to draft response On Sat, May 31, 2014 at 4:31 PM, Toohey, Ryan <Ryan.Toohey@fticonsulting.com > wrote: > All, > > I spoke late yesterday with Steve Braun, the AP reporter who called Alan > on Thursday. He indicated he had also sent a list of questions to Alan and > he has now passed these on in his email below. You'll see from his > biography, also pasted below, that he is an experienced and very credible > journalist. > > Our sense is that the AP has put a good deal of resources behind their > reporting but are still fishing and unsure about what their final angle > will be. To that end, where we can rebut points Braun makes in his note we > should, while at the same time conveying some of our better messages about > transparency, good governance and western standards. We may have to > ignore or not speak to some of his questions and that is fully ok. > > We would suggest that we do this via a fairly detailed email to the > reporter, followed by a call from us to clarify certain points. We can > always come back to this team with specific questions. > > We can send around a draft response this weekend and can discuss early > Monday. > > As always, we are happy to talk through this. I am at + 1 917-280-2198 > > Thanks, > > Ryan > > Stephen Braun > <http://www.amazon.com/Stephen-Braun/e/B004G8EY04/ref=ntt_athr_dp_pel_2>is > based in Washington for the Associated Press > <http://hosted.ap.org/dynamic/fronts/HOME?SITE=AP&SECTION=HOME>, where he > has worked as a national investigative reporter and as AP’s National > Security Editor. Previously, he was a national correspondent based in > Washington for the Los Angeles Times > <http://articles.latimes.com/2004/dec/14/world/fg-bout14>. He shared in > the Times’ 1991 Pulitzer Prize for coverage of the Los Angeles riots and a > 2002 Overseas Press Club international reporting award for “Inside al > Qaeda,” a series of stories about the rise of the terror group. His > reportage has ranged from presidential politics and investigations to > foreign and domestic terrorism, and he has covered many landmark American > news stories of the past two decades, including the Sept. 11attacks, > Hurricane Katrina and five national elections. > > As a Times national correspondent from 1993 to 2008, Braun covered > national affairs and the Midwest from Chicago, then transferred to > Washington, where his work included national politics, international > investigations and national affairs. Before joining the Times national > staff, he worked on the paper’s metropolitan desk in Los Angeles as an > editor and staff writer. He also reported at the Detroit Free Press, > Philadelphia Daily News and Baltimore News American, where he was a > Pulitzer finalist in 1981. A 1975 graduate of the University of > Pennsylvania, he has written for Foreign Policy Magazine > <http://www.douglasfarah.com/pdfs/bout.pdf>, Men’s Vogue, Rolling Stone, > the Washington Monthly and Los Angeles Times Magazine. > > Begin forwarded message: > > *From:* "Braun, Stephen S." <SBraun@ap.org> > *Date:* May 30, 2014 at 4:18:12 PM EDT > *To:* "ryan.toohey@fticonsulting.com" <ryan.toohey@fticonsulting.com> > *Subject:* *Apter email* > > Ryan— > > > > Here’s the email I sent to Mr. Apter, slightly modified with more recent > details we’ve since learned. Again, thanks for taking this up. > > > > Dear Mr. Apter: > > > > I am a reporter with the Associated Press in Washington and am working > with other AP reporters here and in several international locations on a > story about Hunter Biden’s joining Burisma Holdings Ltd on the company’s > board and as director of its legal unit. We are trying to obtain some more > information about Burisma, its corporate ownership and structure, as well > as the circumstances of Mr. Biden’s decision to join the firm, as well as > its political and international implications, and hope you can help us by > either talking with me by telephone or responding by email. We plan to > publish a news story in the coming days and hope you can respond to me by > Monday noon E.S.T. at the latest. I called you in London earlier today and > left a message but since I did not receive a reply by the day’s end, I > decided to send these questions by email. > > > > > > 1. AP reporters have been examining U.S. Securities and Exchange > documents and Cypriot corporation documents that reference Burisma in > recent days. Those documents show that Burisma, organized in Limassol, > Cyprus, is a subsidiary of another Cyprus-based firm, Brociti Investments > Limited, registered in Nicosia. Cypriot documents we reviewed show that > Burisma was set up and initially controlled by two Ukrainian nationals, > Mykola Zlochevsky and Mykola Lisin (each man held 500 shares according to > these filings). The two men transferred their shares to Bayardia Trading > Ltd in April, 2011, and Bayardia then transferred ownership to Raven > Financial Services Corp, based in the British Virgin Islands, in May, 2011. > In July 2011, Raven then transferred the shares to Brociti. Documents > reviewed by AP show that the controlling interest in Brociti _ about 1 > million shares -- is owned by Mykola Zlochevsky, the same man who had owned > Burisma with Lisin in early 2011 (our understanding is that Lisin is now > deceased). A May 14, 2013 Burisma filing (which came after the transfer of > Burisma Holding’s 1000 shares to Brociti) names you as one of two directors > of Burisma, along with Riginos Charalampous of Cyprus. *As chairman of > the board of Burisma Holdings, do you report to Mr. Zlochevsky? Does Mr. > Zlochevsky exercise authority over Burisma’s decision-making, hiring and > legal operations? If so, did Mr. Zlochevsky approve or was he consulted in > Mr. Biden’s hiring? If so, can you provide an explanation of why Mr. > Zlochevsky wanted Mr. Biden to join Burisma? Did Burisma first approach Mr. > Biden prior to his hiring, and if so, what brought him to the company’s > attention? Will Mr. Biden report to Mr. Zlochevsky and/or does Mr. > Zlochevsky have oversight in Mr. Biden’s work due to his controlling > interest in Burisma? * > > > > > > > > > 2. Corporate documents and media and official Ukrainian government > reports from the past decade show that Mr. Zlochevsky was a prominent > Ukrainian political and government figure. He was a ranking member of the > Party of Regions, the political party once run by Viktor Yanukovych, who > was ousted by pro-democracy protests earlier this year in Ukraine. And from > 2004 until Mr. Yanukovych’s exile, Mr. Zlochevsky worked as a government > minister _ overseeing natural resources, the environment and defense during > the span of three Ukrainian administrations. Ukrainian reform critics also > named Mr. Zlochevsky as one of the several ministers who built up extensive > private holdings during their tenures in government and cited several > subsidiaries of Mr. Zlochevsky’s firm, Burisma, for obtaining lucrative oil > and natural gas leases during the period he worked as a government minister > under Mr. Yanukovych. As you likely know as well, Mr. Yanukovych was openly > trying to draw Ukraine closer economically to Russia and turned up in > Russia after his ouster. *What is Burisma’s attitude toward the change of > government in Ukraine? Does Mr. Zlochevsky still live and work in Ukraine > or has he also fled to Russia or Crimea? Has Burisma approached the current > Ukraine government about continuing to operate its leases in > Dnieper-Donets, the Carpathian and the Azov-Kuban basins? Will Mr. Biden be > involved in any consultations or legal discussions with the current > government about those leases? As a subsidiary of Brociti, does Burisma > have any concerns about doing business both with Ukraine and with the > United States while it is controlled by a former minister in a now-exiled > government that was criticized as pro-Russia?* > > > > > > 3. *U*nder U.S. law, any lobbyist for foreign governments or > political parties are required to disclose to the U.S. Justice Department > detailed information about their activities on behalf of their clients _ > including all contacts with U.S. officials, campaign contributions, fees > received from clients and expenses incurred in lobbying. However, lawyers > engaged in legal representation of foreign principals in courts or similar > legal proceedings are exempt from those rules as long as those lawyers do > not try to influence U.S. policy at the behest of their client. *Since > your company was well aware that Mr. Biden is the son of the current U.S. > vice president, Joe Biden, (as was made clear in your press release > announcing his hiring) do you plan on restricting his legal work from any > U.S. lobbying? Since the current U.S. foreign policy regarding Ukraine is > to support the current government, do you see any conflict of interest in > your firm being run by a member of Ukraine’s former pro-Russian government? > Would you expect Mr. Biden to support the company’s position if it > conflicted in any way with U.S. diplomatic policy in Ukraine? Does Mr. > Zlochevsky’s history as a top official in the Party of Regions and with > former pro-Russian president Yanukovych conflict with Burisma’s stated > preference for an independent gas and oil industry in Ukraine (as cited in > Devon Archer’s April 28 release about “3 Steps Towards Energu > Independence”)?* > > > > > > Thanks much, > > > > Steve Braun, AP Washington > > > > > > > > Stephen Braun > > Associated Press, Washington Bureau > > 1100 13th St. NW Suite 700 > > Washington, DC 20005-4076 > > (O): 202-641-9405 > > (C): 202-365-2667 > > sbraun@ap.org > > > > The information contained in this communication is intended for the use > of the designated recipients named above. If the reader of this > communication is not the intended recipient, you are hereby notified > that you have received this communication in error, and that any review, > dissemination, distribution or copying of this communication is strictly > prohibited. If you have received this communication in error, please > notify The Associated Press immediately by telephone at +1-212-621-1898 > and delete this email. Thank you. > [IP_US_DISC] > > msk dccc60c6d2c3a6438f0cf467d9a4938 > > > > *Confidentiality Notice:* > This email and any attachments may be confidential and protected by legal > privilege. If you are not the intended recipient, be aware that any > disclosure, copying, distribution or use of the e-mail or any attachment is > prohibited. If you have received this email in error, please notify us > immediately by replying to the sender and then delete this copy and the > reply from your system. Thank you for your cooperation.
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