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(212) 486-6322

Plaintiffs,

-against-

Defendants.

08 Civ 3363 (RJS)

Introduction and Summary of Cross-Motion

and Opposition to Plaintiffs’ Order to Show Cause

1. I am admitted to practice before this Court and act as attorney for defendant Emanuel

Zeltser. I have been retained in this capacity by Emanuel Zeltser’s brother, Mark Zeltser, an

internationally renowned concert pianist. I have not spoken or otherwise communicated with my

client concerning this action. As plaintiffs and their counsel know full well, Emanuel Zeltzer, an

attorney admitted to practice before this Court, as well as the courts of New York, has, since

March 12, 2008, been unlawfully detained in Minsk, Belarus by that country’s committee on

state security (“KGB”).

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2. As we show below, and in our accompanying Memorandum, this civil action cannot

insufficient service of process. Under United States Supreme Court authority and the governing

rules of this Court, even the extreme outer edges of constitutional due process are not satisfied

where plaintiffs simply go through the motions of serving process at a person’s purported place

of residence, knowing full well that he is incarcerated in a foreign jurisdiction and that he will

never be apprised of the pendency of the action; never be permitted to review the claims against

him; never be permitted to confer with counsel; and, never be afforded the opportunity to

participate in the defense of this action.

3. Setting aside, if we can, the purely legal question of abject failure to serve process and

acquire personal jurisdiction, plaintiffs and those acting in concert with them have comported

themselves in a manner so morally base and in a fashion so shockingly inhumane, that even were

they able to demonstrate irreparable injury and probability of success on the merits – they cannot

– they would have forfeited any entitlement to affirmative relief from this honorable Court.

4. The plaintiffs’ application, as we show, must be denied, and the cross-motion granted.

The Facts Relevant to this Proceeding

The Present Situation

5. Emanuel Zeltser is not aware of the pendency of this action. He has not received this

Court’s process, nor read the plaintiff’s pleading or motion papers. Since his arrest in Minsk,

Belarus on March 12, 2008, he has effectively had no contact with the outside world. He has not

spoken to a Western lawyer and he has not been brought before any judge or magistrate to

answer the charges against him. He has been shifted back and forth between a specially

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designated KGB prison and a state psychiatric hospital, a well known “resting place” of political

prisoners of the former Soviet Union era.

6. Since March 12, 2008, Emanuel Zeltser has been subjected to daily beatings and

torture. He has been deprived of his much needed medications, although his KGB tormentors

have taken the time to exhibit these life-saving medications to him, before taking them away.

7. On April 25, 2007, I personally heard Ms. Mary Dickerson of the U.S. Department of

State report by telephone to Emanuel’s brother Mark that Emanuel was being continually “struck

in the head by the knuckles of his interrogators;” that “his health was rapidly deteriorating;” and,

that “he was beaten upon asking his KGB interrogators to allow him to swear an affidavit of his

condition for the United States consular official in Minsk.” Permission to swear such affidavit

was denied. Ms. Dickerson’s April 25 telephonic report was followed four days later by a U.S.

Embassy in Minsk press statement as follows [Exhibit E hereto]:

The United States is deeply concerned about the deteriorating health of

American citizen Emanuel Zeltser, imprisoned in Belarus. Since his

detention on March 12, the U.S. Embassy in Minsk has only been permitted to

visit him on two occasions, March 27 and April 25.

During the visit on April 25, the consular officer from the U.S. Embassy

noticed a significant physical deterioration of Mr. Zeltser's health since

the previous visit on March 27. Mr. Zeltser lost a considerable amount of

weight and was very weak. Despite all efforts by the U.S. Embassy, his

lawyer, and his U.S. doctor to comply with prison procedures, Mr. Zeltser

has not been permitted to take his required daily medications, which may be

causing irreversible internal damage.

The United States is extremely concerned for the health and safety of Mr.

Zeltser should he remain in the care and custody of the Government of

Belarus. On April 25, the Department of State requested the Government of

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to his cell.

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Belarus to release Emanuel Zeltser on humanitarian grounds immediately. We

urge the Government of Belarus to favorably consider this request in order

to save the life of an American citizen suffering in its custody.

8. Emanuel Zeltser is presently represented by a KGB “approved” attorney named

Dmitry Goryachko with whom, rather remarkably, the State Department and the Zeltser family

remain in contact. On April 20, 2008, Mr. Goryachko provided an affirmation [original and

translation annexed as Exhibit A hereto], in which he confirms that:

Emanuel suffers from diabetes, stomach ulcer and heart condition and started

having frequent dizziness spells and shortness of breath. He also has an acute

form of gouty arthritis and has been in constant excruciating pain due to the fact

that he has been denied pain alleviating medications, along with other medicine

critical to his health. He has been taken to an emergency room by ambulance

On April 11, 2008, Emanuel was transferred to a state psychiatric hospital and

placed under much harsher conditions of detention. He has lost a considerable

amount of weight since his transfer and has complained of strong chest pain and

severe headaches. Based on my observation, Emanuel’s state of health has

considerably deteriorated since our first meeting on March 21, 2008.

I have a reason to believe that Emanuel’s health is in real danger and his heart

condition is life-threatening. There is a risk that Emanuel may not survive more

than a few weeks under the circumstances described herein.

judges, law professors and government officials, has written to the President of Belarus

protesting his arrest, mistreatment, and the conditions of his detention. Indeed, that Bar

Association, in their letter to the President of Belarus [Exhibit B], has described the charges

lodged against him as having “no basis.”

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10. In the words of the New York City Bar Association’s president;

In addition to the physical mistreatment, we understand that Mr. Zeltser has been

repeatedly denied access to a U.S. consul, despite diplomatic protests filed by the

United States Department of State with the Belarus Ministry of Foreign Affairs.

The one visit that was granted, more than two weeks after his arrest, was

reportedly held in the presence of a KGB official and thus was not confidential.

Moreover, the charge that was finally brought against Mr. Zeltser and Ms. Funk –

nearly 10 days after their arrest and detention – appears to have no basis to it. As

reported to the Association, the charge, without any explanation or detail, alleges

that Mr. Zeltser and Ms. Funk engaged in the use of forged documents, yet

apparently neither individual was carrying any paper documents while traveling

and both were taken into custody immediately upon arrival in Minsk. Concerns

have thus been reported that this is a fabricated charge, created to justify their

unlawful detention, and that self-exiled Russian businessman Boris Berezovsky

may have instigated action against Mr. Zeltser for his work on behalf of a

particular client.

The City Bar is greatly concerned about the arrests and detention of Mr. Zeltser

and Ms. Funk, and the reports of physical mistreatment of Mr. Zeltser. The

conduct described above is inconsistent with Belarus’ obligations under

international agreements, including the International Covenant on Civil and

Political Rights (ICCPR) and the Convention Against Torture and Other Inhuman

or Degrading Treatment or Punishment (CAT).

The Reprobate Conduct of Plaintiffs’ Counsel

11. Despite the protests of the torture, beatings and medical deprivations to which

Emanuel Zeltser is subject, by the United States Department of State, the New York City Bar

Association and other international organizations, and despite wide spread international media

reporting of what is going in Minsk, Belarus, plaintiffs’ counsel in this action, in a writing to

Belarus prosecuting authorities, have taken the position that they “support the continuation” of

the KGB’s conduct and “are interested in cooperating.” [See, March 19, 2008 letter from

plaintiff’s counsel to Belarus Prosecutor General, annexed as Exhibit C].

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their country and who oppose the dictatorial policies of its leadership who stand ready, at the

request of a billionaire criminal seeking to expand his empire, to arrest and torture a U.S.

national doing no more than advocating for a client. Without such honorable people, plaintiffs’

counsel’s abhorrent letter might never have become known.

three days after the writing of Ex. C, Berezovsky claimed a 50% beneficial interest in

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12. As we explain below, the circumstances of Emanuel Zeltser’s arrest, detention and

torture are intimately tied to the conduct of plaintiff’s counsel and those acting in concert with

them, including Boris Berezovsky, a wanted criminal Russian Oligarch who claims at least 50%

interest in the assets of the estate of Arkady Patarkatsishvili, which lies at the heart of this civil

action. Notably, Mr. Patarkatsishvili spent the last day of his life, together with Mr. Berezovsky,

at the offices of plaintiff’s London counsel; the same counsel who authored the despicable letter

online service as follows: Patarkatsishvili “spent his last day in the City of London office of

international law firm Debevoise and Plimpton, meeting his business partner Boris Berezovsky,

his spokesperson Lord Bell and his lawyer Lord Goldsmith [author of Ex. C hereto]... From the

City he left for Down Street, Mayfair, to visit Berezovsky's office, and at 7.00 pm was returned to

Leatherhead with his Maybach. Shortly after dining, Patarkatsishvili told his family he felt

unwell and went upstairs to his bedroom where he was found unconscious after a heart attack.”

14. As noted, Berezovsky, who is represented in London by Michelle Duncan of

interestingly, prior to institution of this action by the Debevoise firm, the plaintiffs herein were

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also represented by Ms. Duncan [complaint ¶ 40]. Although Ms. Duncan was allegedly

discharged on or about March 10, 2008, and the Debevoise firm hired [see Complaint, ¶ 56], her

involvement in this matter, in behalf of the plaintiffs and Mr. Berezovsky, has not ceased.

15. Shockingly, and as recounted in Exhibit C hereto [never intended for viewing by the

Zeltser side], Ms. Duncan, on March 19, 2008, met in Minsk with Emanuel Zeltser’s jailers so

that she could be briefed on the progress of his torture and provided with the “evidence” that had

been elicited attendant to his beatings. In whose behalf was Ms. Duncan meeting with the

Belarus authorities? According to the complaint, she no longer acted for the plaintiffs by that

date, having been replaced approximately nine days earlier. She was, though, still representing

Berezovsky who apparently maintained great interest in Mr. Zeltser’s incarceration and torture.

In light of the fact that each and every allegation of fraud made by plaintiffs in their April 4, 2008

weeks of KGB torture have been unsuccessful in amplifying plaintiff’s charges and producing the

evidentiary particulars of fraud which are absent from their upon information and belief

complaint at bar. It would seem that if more than three weeks of KGB torture have produced no

evidence to buttress the complaint’s charges, there may be none.

How Did Emanuel Zeltser get to Belarus

16. According to Emanuel Zeltser’s brother Mark, Emanuel called him on or about

March 11, 2008 and advised that he would be returning from London directly to Florida because

he was fatigued and wanted to rest at Mark’s Florida home.

17. A U.S. citizen cannot enter Belarus without a visa and Emanuel Zeltser signed no

application for a Belarus visa. I have written to the Belarus embassy in Washington and have

===============================================================

Patarkatsishvili estate because there are no assets in that jurisdiction. The verified complaint

makes reference to assets in England, Gibraltar and Georgia; none in Belarus.

when did she apply for it. Further, did she also travel to Belarus on Berezovsky’s private jet?

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requested a copy of Emanuel Zeltser’s visa application. I have received no response. I will

receive no response because no such signed visa application exists. There was no purpose, in any

event, in Emanuel Zeltser traveling to Belarus because Mr. Patarkatsishvili owned no assets in

18. Despite the absence of permission to enter the country and no reason to go, on March

12, 2008, Emanuel Zeltser found himself on Boris Berezovsky’s private jet traveling from

London to Belarus where he was immediately arrested and subject to beatings of the head by the

Duncan, was in Belarus to meet with the interrogators [sufficient time for torture had been

allowed] and to be provided with the “evidence” that they had beaten out of Emanuel’s head. On

that same day, plaintiffs’ lawyers at the Debevoise firm were writing to the interrogators offering

their support and cooperation and also asking for the torture-induced “evidence.” The complaint

19. Ms. Duncan’s involvement, on close examination, becomes even more sinister.

Thus, on March 3, 2008, she wrote to the Belarus prosecutor urging him to act “speedily and

vigilantly” in the event Emanuel Zeltser entered Belarus to gain access to Patarkatsishvili’s [nonexistent]

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20. Why was Ms. Duncan writing to the prosecutor of a jurisdiction where

Patarkatsishvili had no assets and where Emanuel Zeltser would never have reason to travel.

Two days later, March 5, Emanuel Zeltser was in London (complaint ¶ 54). Yet, Ms. Duncan did

not write to, or seek the aid of, UK authorities even though Mr. Zeltser was present in the

jurisdiction and readily detainable. Why did she opt for a country whose tyrannical president

maintains intimate ties with her client Berezovsky and how was it that Emanuel Zeltser, one

week later and without a visa, was on Berezevsky’s private jet flying to Belarus?

Irreparable Harm

21. Even without immediate answers to these and other material questions, the

undeniable facts show that Emanuel Zeltser is incapable of inflicting irreparable harm on the

injunction cannot be shown.

The Equities

22. It appears that plaintiffs and those acting in concert with them have presented a case

predicated entirely on belief, innuendo and imagination. Not a single allegation of fraud in the

complaint is supported by anything more persuasive than “information and belief.” Knowing

this, they and those acting in concert with them appear to have arranged for a more effective

means of gaining “evidence,” and/or stifling all competing claims. This is quite understandable

as the estate which lies at the heart of this case may amount to as much as $15 billion. In light of

this appetizing fact, they now desire the imprimatur of a United States District Judge, and his

attendant honor, dignity and independence, to continue their voracious seizure of assets of the

Patarkatsishvili estate. Such badge of approval should be resoundingly denied.

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The Cross-Motion

23. In the complaint and in the moving papers, plaintiffs and their counsel admit their

awareness of Emanuel Zeltser’s March 12, 2008 arrest in Belarus. As early as one week later,

they knew that he was being tortured. They knew this not only from reports of the U.S. State

Department, international news media, and from the Zeltser family and his Belarus lawyer, they

knew it on personal knowledge because on March 19, 2008, Michelle Duncan, plaintiffs’ lawyer

until at least March 10, 2008, met with Emanuel Zeltser’s interrogators.

24. Still, more than two weeks later, they purportedly served Emanuel Zeltser with

comical effort to satisfy the most elementary aspects of due process should be rejected by this

Court in the strongest terms. As we show in our accompanying memorandum, fundamental to

the concept of due process is the requirement that a litigant be accorded notice reasonably

calculated, under all the circumstances, to apprise that party of the pendency of the action and

afford him an opportunity to present a defense. At bar, plaintiffs had actual knowledge that their

notice would not and could not be received by Emanuel Zeltser.

25. Nor does the service effected at bar comport with Rule 4, Fed. R. Civ P., which

mandates that service on an individual in a foreign country be made pursuant to international

treaty or, in some circumstances by personal delivery to that the defendant. None of these

methods were employed and, accordingly, there is a failure of jurisdiction over Emanuel Zeltser.

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26. The plaintiff’s order to show cause should be rejected and the cross-motion to

dismiss granted.

Dated: April 30, 2008

__/s/__________________________

Harold M. Hoffman

Exhibit A

1. I am an attorney for Emanuel Zeltser in Minsk, Belarus.

2. I want to inform all interested parties that Emanuel's

health is in very poor condition and has worsened

considerably during the last couple of weeks.

3. I know that Emanuel suffers from diabetes, stomach ulcer

and heart condition and started having frequent dizziness

spells and shortness of breath. He also has an acute form

of gouty arthritis and has been in constant excruciating

pain due to the fact that he has been denied pain

alleviating medications, along with other medicine critical

to his health.

4. He has been taken to an emergency room by ambulance

several times.

5. On April 11, 2008, Emanuel was transferred to a state

psychiatric hospital and placed under much harsher

conditions of detention. He has lost a considerable amount

of weight since his transfer and has complained of strong

chest pain and severe headaches.

6. Based on my observation, Emanuel’s state of health has

considerably deteriorated since our first meeting on March

21, 2008.

7. I have a reason to believe that Emanuel’s health is in

real danger and his heart condition is life-threatening.

There is a risk that Emanuel may not survive more than a

few weeks under the circumstances described herein.

Dmitry Goryachko

_____________________ New York, April 20, 2008

Dmitry Goryachko,

Attorney-at-law

Exhibit B

THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK

42 West 44th Street, New York, NY 10036-6689

BARRY M. KAMINS

Phone: (212) 382-6700

Fax: (212) 768-8116

bkamins@nycbar.org

April 23, 2008

President Alexander Lukashenko

38 Karl Marx Street

Minsk 220016

Republic of Belarus

Dear Mr. President:

I write on behalf of the Association of the Bar of the City of New York (“Association”)

to express our concern over the continued detention and physical mistreatment of Mr. Emanuel

Zeltser, an American attorney, and the detention of his assistant, Ms. Vladlena Funk, a

permanent resident of the United States, in Belarus.

The Association is an independent non-governmental organization of more than 22,000

lawyers, judges, law professors and government officials. Founded in 1870, the Association

has a long history of dedication to human rights, notably through its Committee on

International Human Rights, which investigates and reports on human rights conditions around

the world.

It has been brought to our attention that Mr. Zeltser and Ms. Funk were arrested without

warning on March 12, 2008, as soon as they landed and deplaned in Minsk. They were

subsequently detained. No charges were brought against them until over a week later, on

March 21.

It has also been reported, to the Association’s great concern, that Mr. Zeltser has

suffered severe physical and mental mistreatment while in detention. It has been reported that

since being detained four weeks ago, he has been repeatedly subject to beatings in jail,

including direct blows to the head, and has been interrogated by the KGB Special

Interrogations Unit. Most recently, Mr. Zeltser has reportedly been transferred to a state

psychiatric hospital.

We also understand that Mr. Zeltser, a patient of several medical conditions, including

diabetes, arthritis, heart problems, and stomach ulcer, has been denied medications critical to

his health. As reported, these medicines have been withheld (even after being shown to him),

despite a medical report from Mr. Zeltser’s physician provided to the Belarussian authorities

stating that Mr. Zeltser may not survive without the medications indicated.

We have been informed that due to his critical health condition, Mr. Zeltser has twice

been taken by ambulance to an emergency room, although in neither case was he provided

medical attention, as no physicians were on hand. Mr. Zeltser suffers from a severe form of

arthritis, among other serious conditions, and is reportedly in constant pain without his

2

medications. According to his Belarus-appointed lawyer, he is in increasingly precarious

health.

In addition to the physical mistreatment, we understand that Mr. Zeltser has been

repeatedly denied access to a U.S. consul, despite diplomatic protests filed by the United States

Department of State with the Belarus Ministry of Foreign Affairs. The one visit that was

granted, more than two weeks after his arrest, was reportedly held in the presence of a KGB

official and thus was not confidential.

Moreover, the charge that was finally brought against Mr. Zeltser and Ms. Funk –

nearly 10 days after their arrest and detention – appears to have no basis to it. As reported to

the Association, the charge, without any explanation or detail, alleges that Mr. Zeltser and Ms.

Funk engaged in the use of forged documents, yet apparently neither individual was carrying

any paper documents while traveling and both were taken into custody immediately upon

arrival in Minsk. Concerns have thus been reported that this is a fabricated charge, created to

justify their unlawful detention, and that self-exiled Russian businessman Boris Berezovsky

may have instigated action against Mr. Zeltser for his work on behalf of a particular client.

The City Bar is greatly concerned about the arrests and detention of Mr. Zeltser and Ms.

Funk, and the reports of physical mistreatment of Mr. Zeltser. The conduct described above is

inconsistent with Belarus’ obligations under international agreements, including the

International Covenant on Civil and Political Rights (ICCPR) and the Convention Against

Torture and Other Inhuman or Degrading Treatment or Punishment (CAT).

First, Article 9(1) of ICCPR states that no one shall be subjected to arbitrary arrest or

detention. It further states: “Anyone who is arrested shall be informed, at the time of arrest, of

the reasons for his arrest and shall be promptly informed of any charges against him.” Further,

the ICCPR specifies that anyone arrested or detained on a criminal charge should be brought

“promptly before a judge” and that such person is entitled to “trial within a reasonable time or

before a court, in order that the court may decide without delay on the lawfulness of his

detention and order his release if the detention is not lawful.” Article 9(4).

Neither Mr. Zeltser nor Ms. Funk was informed of the reasons for arrest or the charges

against them at the time of their arrest on March 12, 2008. Indeed, no charges were brought

against them until almost 10 days after their arrest and detention. Nor do they appear to have

been given an opportunity to challenge the lawfulness of their detention before an impartial

judge. These circumstances constitute arbitrary arrest and detention of the kind prohibited by

international standards.

In addition, international agreements prohibit (without permitted derogation) the kind

of physical mistreatment to which Mr. Zeltser has been subject. Article 7 of the

ICCPR explicitly states: “No one shall be subjected to torture or to cruel, inhuman, or

Minimum Rules for the Treatment of Prisoners. The ICCPR also requires that all persons

deprived of their liberty be “treated with humanity and with respect for the inherent dignity of

the human person.” Similarly, the CAT obligates Belarus to refrain from any form of torture,

defined in Article 1 as “any act by which severe pain or suffering, whether physical or mental,

is intentionally inflicted on a person for such purposes as obtaining from him or a third person

information or a confession.” Additionally, Principle 21(1) of the Body of Principles for the

Protection of All Persons under any form of Detention prohibits an interrogator from using the

situation of a detained person to compel him to confess, to incriminate himself or to otherwise

testify against another person.

3

The conduct described above, including the beating of Mr. Zeltser and the withholding

of medication as a tool to pressure him, apparently in connection with interrogation of him,

constitutes torture or cruel, inhuman, or degrading treatment, as defined in international treaties,

and is strictly prohibited.

In addition, Belarus’s own criminal code prohibits such treatment, establishing criminal

responsibility when a person in a position of responsibility exceeds his authority and engages in

172, Belarus Criminal Code.

In light of Belarus’s international obligations, we respectfully urge you to take all steps in your

power to release Mr. Zeltser and Ms. Funk immediately, to allow Mr. Zeltser access to his

medications, and to ensure that they are subject to no further torture or cruel or degrading

treatment, including interrogation under inhumane conditions. Time is of critical importance,

as we understand Mr. Zeltser’s health to be in a precarious state, and we thus ask you to act at

once, without any further delay.

Very truly yours,

Barry Kamins

Cc: Ambassador Mikhail Khvostov

Embassy of the Republic of Belarus

1619 New Hampshire Avenue NW

Washington, D.C. 20009

Fax: 202-986-1805

Consulate General of the Republic of Belarus

708 Third Ave., Suite 2101

New York, NY 10017

Fax: 212-682-5491

Mr. Grigory Vasilevich

Prosecutor General

24 Intenationalnaya St.

Minsk 220050

Belarus

Paula J. Dobriansky

U.S. Under Secretary of State for Democracy and Global Affairs

U.S. Department of State

2201 C Street NW

Washington, D.C. 20520

4

Daniel Fried

Assistant Secretary, Bureau of European and Eurasian Affairs

U.S. Department of State

2201 C Street NW

Washington, D.C. 20520

Exhibit C

Exhibit D

Exhibit E

Embassy Calls for Humanitarian Release of U.S. Citizen

>

>

> U.S. Embassy Minsk Press Statement

> April 29, 2008

>

> The United States is deeply concerned about the deteriorating health of

> American citizen Emanuel Zeltser, imprisoned in Belarus. Since his

> detention on March 12, the U.S. Embassy in Minsk has only been permitted to

> visit him on two occasions, March 27 and April 25.

>

> During the visit on April 25, the consular officer from the U.S. Embassy

> noticed a significant physical deterioration of Mr. Zeltser's health since

> the previous visit on March 27. Mr. Zeltser lost a considerable amount of

> weight and was very weak. Despite all efforts by the U.S. Embassy, his

> lawyer, and his U.S. doctor to comply with prison procedures, Mr. Zeltser

> has not been permitted to take his required daily medications, which may be

> causing irreversible internal damage.

>

> The United States is extremely concerned for the health and safety of Mr.

> Zeltser should he remain in the care and custody of the Government of

> Belarus. On April 25, the Department of State requested the Government of

> Belarus to release Emanuel Zeltser on humanitarian grounds immediately. We

> urge the Government of Belarus to favorably consider this request in order

> to save the life of an American citizen suffering in its custody.

May 15, 2008

Hon. Richard J. Sullivan, U.S.D.J.

United States Courthouse

500 Pearl Street, Room 615

New York, NY 10007

Honorable Judge Sullivan:

We act for defendant Emanuel Zeltser in this matter. We respectfully seek leave to submit the

instant reply which highlights the stunning admissions and disclosures for the first time made in

plaintiffs’ papers, filed late last night, in opposition to Mr. Zeltser’s application to renew his

motion to dismiss and for discovery.

We will be brief and beg the Court’s indulgence. Plaintiffs’ papers – impeaching their own

earlier assertion of a singular Debevoise contact with authorities in Belarus – now disclose a

second, most remarkable contact. On March 23, 2008, Mr. Karolos Seeger of the Debevoise

firm, in a written communication “sent on behalf of Lord Goldsmith” [Ex. A to plaintiff’s Opp.

Papers; emphasis in original], writes to both G. Vasilevich, the Belarus prosecutor general, and

Sergei Vorobyov, the chief interrogator of the Belarus special KGB interrogations unit. Mr.

Vorobyov is the individual in charge of Mr. Zeltser’s interrogation, a state secret never disclosed

to us by Mr. Zeltser’s Belarus lawyer – he would be subject to arrest had he done so – and a fact

known to virtually no one outside the bowels of the Belarus KGB. Yet plaintiffs knew, and they

knew this Belarus state secret as early as March 23. How did Mr. Goldsmith obtain the name

Vorobyov? In their May 7 Reply Brief (p. 9), they claim that they “never received any response

to our March 19 Letter” to the Belarus prosecutor. Yet, four days later, on March 23, Debevoise

knew the identity of Mr. Zeltser’s chief KGB interrogator.

_______________________________________________________________________________________

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to attend at least three (3) days of meeting with my client’s interrogators, on March 15 [before

anyone in the West knew that an arrest had even taken place], as well as on March 20 and 21.

Ms. Duncan claims not to have been acting in plaintiffs’ behalf on these dates. Yet she never

deigns to tell us in her Declaration in whose behalf she acted. In her Declaration (¶ 11), she

asserts that she will not disclose confidential communications with her clients (plural). Yet,

earlier, she claims only to have been acting for one client, plaintiff Gudavadze (¶ 3). And, for the

first time, the Debevoise firm discloses that it acted for plaintiffs commencing on or about

February 12, well before the March 7 date, which it asserted in all prior filings with the Court

was the first time they acted for plaintiffs.

Plaintiffs’ latest filing raises many more questions that it answers. We now know that both

Duncan and the Debevoise firm jointly acted for plaintiffs as early as February 12. Before the

world knew of Mr. Zeltser’s arrest, Duncan was already meeting with his interrogators. She never

tells us how she obtained permission to enter that country, or in whose behalf she traveled there,

or how she managed to get there so quickly (48 hours after Mr. Zeltser did). Duncan’s haste to

rush off to Belarus, hot on Mr. Zeltser’s trail, strongly suggests that she knew, in advance, that he

would be immediately arrested upon entry, precisely as suggested by Duncan in her March 3

letter to Belarus authorities. Equally sinister, although the role of S. Vorobyov in this matter is

still held a state secret today, Lord Goldsmith knew on March 23.

Attorneys Duncan and Goldsmith should be made fully to disclose these matters at depositions

critical to the issues raised in Mr. Zeltser’s renewed motion to dismiss. As we point out in our

May 9 letter renewing our application, the federal courts possess the power to decline to exercise

personal jurisdiction under circumstances where its process would be demeaned or degraded. Ms

Duncan, to this day, declines to disclose the basis for her selection of Belarus as the sole country

to alert as to Mr. Zeltser’s potential entry (and to then act “vigilantly”). And, she refuses, to this

day, to aver under oath that Mr. Patarkatsishvili had any assets there, which might give reason for

Mr. Zeltser’s travel to that tyrannical country (nor does the Debevoise firm make such claim).

Duncan still does not tell us why she was passing information about her secret meetings in

Belarus to the Debevoise firm at a time when she claims no longer to have been acting for

plaintiffs. If Duncan is to be believed, she was acting for another, non-disclosed client(s) when

she had multiple meetings in Belarus. Yet, despite the sanctimonious claim in her Declaration (¶

11) that her ethical obligations forbid disclosure of confidential client information to outsiders,

she had no problem at all passing the very such information to the Debevoise firm.

Duncan makes no claim in her Declaration of hardship attendant to being deposed in New York.

Neither does Mr. Goldsmith in any filing (understandably, he has authored none). They should

both be ordered to appear here for deposition as their testimonies would patently be pertinent to

Mr. Zeltser’s renewed motion relative to both due process issues and the question of whether this

Court’s process is being demeaned and degraded by plaintiffs’ conduct. Plaintiffs’ suggestion,

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made with no legal support or authority, that the scope of the examinations be limited, should be

rejected by the Court, as should the insidious suggestion that the depositions be filed under seal.

We understand well why plaintiffs would want to conceal their conduct. This Court should not

cooperate in this endeavor.

Respectfully yours,

/s/

Harold M. Hoffman