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Base Metal Trading SA v. Russian Aluminum

253 F. Supp. 2d 681 (2003)

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Base Metal Trading SA v. Russian Aluminum

United States District Court for the Southern District of New York
253 F. Supp. 2d 681 (2003)

RW

Facts

Base Metal Trading SA (BMT), a Russian company called MIKOM, and others (companies) (plaintiffs) sued Russian Aluminum and others (conspirators) (defendants) on federal charges relating to the conspirators’ takeover of two Russian companies, Kochkanarsky GOK (GOK) and Novokuznetsk Aluminum Zavod (NKAZ), which MIKOM had previously managed. The federal district court had jurisdiction because some of the conspirators resided in the United States and because American bank transactions furthered the conspiracy. Allegedly, the conspirators engaged in various crimes and improprieties to accomplish their takeovers. For example, the conspirators allegedly paid a Russian regional governor $3 million to instigate and push through rigged judicial proceedings against NKAZ. The governor arranged for trumped-up criminal charges to be brought against NKAZ and for a corrupt regional court to convict and levy punishing fines against NKAZ. Then the court found, against the evidence, that these fines would bankrupt NKAZ. The effect of this bankruptcy declaration was to pave the way for more sham court proceedings and an eventual change in management at NKAZ. The new management team took steps that ultimately reduced the value of BMT’s stake in NKAZ. The conspirators moved to dismiss the case.

Rule of Law

Issue

Holding and Reasoning (Koeltl, J.)

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