On December 2, 1997, a $176-million libel suit was filed in Arlington Circuit Court, Virginia against Izvestia, the main Russian daily newspaper. Plaintiff, Alexandre Konanykhine, was falsely portrayed by Izvestia as a money launderer and a thief who had stolen more than $8 million from the bank he owned. Izvestia also falsely stated that Konanykhine committed crimes of bribery, corruption and bigamy. Konanykhine alleges that libelous articles in Izvestia were a part of the "character assassination" campaign conducted by the KGB and the Russian Mafia.
It is well known that KGB often used Izvestia for disseminating disinformation, for manipulating public opinion, and for journalistic cover for its spies. "Apparently, Izvestia yet again serves as a character assassination tool for the KGB officials," Konanykhine said. "I hope we will come to the bottom of this during the trial." He is represented in this case by the Washington law firm of Szymkowicz & Buffington. The counts the defendants face include "combination to injure Plaintiff Konanykhine in his reputation, trade, business and profession," a criminal offense under Virginia law.
"Izvestia is asked to pay" ITAR-TASS, December 2, 1997
V I R G I N I A
IN THE ARLINGTON COUNTY CIRCUIT COURT
ALEXANDER KONANYKHINE
4401a Connecticut Avenue, N.W.
Washington, DC 20008
Plaintiff,
vs.
IZVESTIA NEWSPAPER
A Joint Stock Company
18
Tverskaya St., Building 1
Moscow K-6 GSP 103791
EDITORIAL STAFF OF IZVESTIA NEWSPAPER
A Joint Stock
Company
18 Tverskaya St., Building 1
Moscow K-6 GSP 103791 Russia
VLADIMIR MIKHEEV
18 Tverskaya St., Building 1
Moscow K-6 GSP 103791 Russia
GENNADY CHARODEEV
18 Tverskaya St., Building 1
Moscow K-6 GSP 103791 Russia
VLADIMIR NADEINE
1261 Briar Way
Ft. Lee, New
Jersey 07024
IZVESTIA-RUSSICA INFORMATION - USA, INC.
a/k/a IRI-USA,
INC.
1300 Quincy N.E.
Albuquerque, New Mexico 87110
Serve
Registered Agent: Christopher G. McMahan
1300 Quincy NE
Albuquerque,
New Mexico 87110
Defendants.
MOTION FOR JUDGMENT
1. This is an action for compensatory and punitive damages for defamation.
JURISDICTION AND VENUE
2. All of the causes of action alleged herein occurred and accrued in Arlington County, Virginia.
3. This Court has jurisdiction in this matter pursuant to §8.01-328.1 of the Code of Virginia.
THE PARTIES
4. Plaintiff Alexander Konanykhine, hereinafter Plaintiff Konanykhine, is a resident of the District of Columbia and has submitted an application for permanent residence in the United States of America.
5. Defendant Izvestia Newspaper, hereinafter "Defendant Izvestia", is a joint stock company which publishes the leading newspaper in Moscow, Russia.
6. Defendant Izvestia distributes its newspaper known as "Izvestia" throughout the world.
7. Defendant Izvestia sells its Izvestia newspaper in the Commonwealth of Virginia through agents, including "One Stop News", located at 1100 South Hayes Street, Arlington, Arlington County, Virginia and derives substantial revenue from goods used or services rendered in the Commonwealth of Virginia.
8. At the time of the publication of the defamatory articles at issue, Defendant Editorial Staff of Izvestia Newspaper, hereinafter "Defendant Editorial Staff", was responsible for all editorial decisions of the Izvestia newspaper published by Defendant Izvestia.
9. Defendant Editorial Staff derives a direct financial benefit from the sale and distribution of the Izvestia newspaper in the Commonwealth of Virginia and earns substantial revenue from goods used or services rendered in the Commonwealth of Virginia.
10. At the time of the publication of the defamatory articles at issue, Defendant Editorial Staff owned a significant share of the stock in the Defendant Izvestia Newspaper joint stock company.
11. Defendant Izvestia-Russica-Information-USA, Inc., a/k/a IRI-USA, Inc., hereinafter " Defendant IRI-USA", is a New Mexico corporation with its principal place of business in Albuquerque, New Mexico.
12. Defendant IRI-USA translates the contents of Defendant Izvestia's newspaper into English and distributes the content of Defendant Izvestia's newspaper throughout the United States of America, including the Commonwealth of Virginia, via the Internet.
13. Defendant IRI-USA's online version of Defendant Izvestia's newspaper is available to anyone in Arlington County, Virginia with access to the Internet.
14. Defendant IRI-USA derives substantial revenue from its online version of Defendant Izvestia's newspaper and other services rendered in the Commonwealth of Virginia.
15. For many years, Defendant Izvestia, Defendant Editorial Staff and Defendant Vladimir Nadeine, hereinafter "Nadeine", assisted the KGB and Communist Party in persecuting dissidents and arranging "character assassinations".
16. On or about December 3, 1996, Defendant Izvestia published an article in its newspaper entitled "RUSSIAN SWINDLER DID NOT GET POLITICAL ASYLUM IN THE USA", hereinafter entitled the "December 3, 1996 'Swindler' article", which was false and defamatory with respect to Plaintiff Konanykhine.
17. Defendant Izvestia's December 3, 1996 "Swindler" article was written by Defendant Izvestia's employees, Defendant Gennady Charodeev, hereinafter "Charodeev", and Defendant Vladimir Mikheev, hereinafter "Mikheev".
18. Defendant Editorial Staff and Defendant Izvestia's United States Bureau Chief, Defendant Nadeine, possessed editorial control over the December 3, 1996 "Swindler" article.
19. Defendant Izvestia's December 3, 1996 "Swindler" article was published in the United States of America, the Commonwealth of Virginia, and Arlington County, Virginia.
20. On or about September 16, 1997, Defendant Izvestia published an article entitled "GAMBLER", hereinafter the "September 16, 1997 'Gambler' article".
21. Defendant Izvestia's September 16, 1997 "Gambler" article was written by Defendant Nadeine.
22. Defendant Editorial Staff possessed editorial control over the publication of Defendant Izvestia's September 16, 1997 "Gambler" article.
23. Defendant Izvestia's September 16, 1997 "Gambler" article was published in the United States of America, the Commonwealth of Virginia, and Arlington County, Virginia.
24. Defendant IRI-USA, Inc. distributed the contents of Defendant Izvestia's September 16, 1997 "Gambler" article in the United States of America, the Commonwealth of Virginia, and Arlington County, Virginia.
25. Defendants Izvestia, Editorial Staff, Charodeev, Mikheev, Nadeine and IRI-USA published defamatory statements regarding Plaintiff Konanykhine in the Commonwealth of Virginia in the regular course of providing information to readers in this Commonwealth.
BACKGROUND FACTS PERTAINING TO PLAINTIFF KONANYKHINE
26. Plaintiff Konanykhine was the owner of a number of companies in Russia from the mid-1980's until September 1992, one of which was the Russian Exchange Bank, a large commercial bank in Russia.
27. In 1992, when Plaintiff Konanykhine was twenty-five years old, his net worth was estimated to be over three hundred million dollars.
28. In 1991, organized crime began to tighten its grip over the Russian economy and began to threaten many companies doing business in Russia.
29. On September 2, 1992, a criminal group with close ties to the KGB kidnapped Plaintiff Konanykhine in Budapest, Hungary in order to take control of Plaintiff Konanykhine's business ventures.
30. After Plaintiff Konanykhine's kidnapping, the criminal group seized all of Plaintiff Konanykhine's businesses and properties in Russia.
31. After Plaintiff Konanykhine escaped from his captors, he appealed to Russian and Hungarian law enforcement agencies for an investigation into his kidnapping and unlawful seizure of his business entities and for assistance in regaining control of his properties and assets.
32. Plaintiff Konanykhine's requests for assistance resulted in contracts being placed on Plaintiff Konanykhine's life and illegal persecution of Plaintiff Konanykhine by corrupt Russian officials.
33. Fearing for his life and the life of his wife Elena, Plaintiff Konanykhine decided not to return to Russia and came to the United States on September 3, 1992.
34. The criminal group which seized control of Plaintiff Konanykhine's companies continued to persecute Plaintiff Konanykhine after he relocated to the United States.
35. Since 1994, this criminal group used the powers of corrupt Russian KGB and law enforcement officials to request that the United States Government arrest and extradite Plaintiff Konanykhine.
36. On June 27, 1996, United States Immigration and Naturalization Service agents, acting in concert with KGB officials, searched the co-operative apartment which Plaintiff Konanykhine owned in the Watergate complex in the District of Columbia, seized various documents and items and arrested Plaintiff Konanykhine and his wife for alleged violations of immigration laws.
37. The United States Immigration and Naturalization Service, in reliance on fraudulent and fabricated KGB documents, vigorously sought to have Plaintiff Konanykhine delivered to Russia even though no extradition treaty exists between the United States and Russia.
38. From June 27, 1996 to July 23, 1997, Plaintiff Konanykhine was jailed in different detention centers in Virginia while his exclusion proceedings were pending.
39. On August 16, 1996, Judge T.S. Ellis, III of the United States District Court for the Eastern District of Virginia found that Plaintiff Konanykhine's arrest was unlawful and released him from detention. That same day, Plaintiff Konanykhine was re-arrested by the Immigration and Naturalization Service on the same charges.
40. On July 23, 1997, Judge Ellis released Plaintiff Konanykhine from detention following testimony that Plaintiff Konanykhine's detention was the result of a fraud perpetuated on the Court by the KGB and United States Immigration and Naturalization Service officers.
41. On November 5, 1997, Plaintiff Konanykhine filed case number 97-1782-A in the United States District Court for the Eastern District of Virginia seeking a monetary award for the injuries he suffered as a direct result of the United States Immigration and Naturalization Service's reliance on Russian documents and witnesses which had absolutely no indicia of truthfulness.
COUNT I
DEFAMATION OF PLAINTIFF KONANYKHINE AS PRIVATE CITIZEN
BASED UPON ACCUSATION THAT PLAINTIFF KONANYKHINE WAS A SWINDLER
CONTAINED
IN THE DECEMBER 3, 1996 ARTICLE ENTITLED
"RUSSIAN SWINDLER DID NOT
GET POLITICAL ASYLUM IN THE USA"
42. Paragraphs 1 through 41 are incorporated herein by reference as if fully stated.
43. For the purpose of this defamation action, Plaintiff Konanykhine is a private citizen.
44. The December 3, 1996 "Swindler" article stated that Plaintiff Konanykhine was a "swindler".
45. Plaintiff Konanykhine is not a swindler, nor has he ever been a swindler.
46. Defendants Izvestia Newspaper, Editorial Staff, Mikheev, Charodeev and Nadeine had a duty to determine the truth of the statements contained in the December 3, 1996 "Swindler" article prior to its publication.
47. In addition to possessing editorial control over the December 3, 1996 "Swindler" article, Defendant Nadeine interviewed Plaintiff Konanykhine prior to the article's publication.
48. In the fall of 1996, well before the publication of the December 3, 1996 "Swindler" article, Plaintiff Konanykhine's wife, Elena, supplied Defendant Nadeine with documentary proof that the military investigation of Plaintiff Konanykhine by the Russian Military Procuracy was in fact an illegal persecution and that the charges against Plaintiff Konanykhine were false and fabricated.
49. Plaintiff Konanykhine also invited Defendant Nadeine to contact Plaintiff Konanykhine's attorneys to review additional documents and ask further questions regarding the issue of whether Plaintiff Konanykhine is a swindler prior to the publication of December 3, 1996 "Swindler" article, but Defendant Nadeine did not pursue this opportunity.
50. At all times prior to Defendant Izvestia's publication of the false and defamatory statement that Plaintiff Konanykhine was a swindler which was contained in Defendant Izvestia's December 3, 1996 "Swindler" article, Plaintiff Konanykhine and his attorneys were available for comment and could have easily demonstrated the falsity of Defendant Izvestia's claim that Plaintiff Konanykhine was a swindler.
51. Defendant Izvestia did not make any effort to investigate the claims made on Plaintiff Konanykhine's behalf, nor did the December 3, 1996 "Swindler" article mention that there might be facts to support Plaintiff Konanykhine's claims that he was not a swindler.
52. Defendants Izvestia Newspaper, Editorial Staff, Mikheev, Charodeev and Nadeine published the false and defamatory statement that Plaintiff Konanykhine was a swindler which was contained in Defendant Izvestia's December 3, 1996 "Swindler" article with a negligent disregard for the truth.
53. Defendants Izvestia, Editorial Staff, Mikheev, Charodeev and Nadeine's false and defamatory statement that Plaintiff Konanykhine was a swindler which was published in Defendant Izvestia's December 3, 1996 "Swindler" article was extremely damaging to Plaintiff Konanykhine, because it effectively precluded Plaintiff Konanykhine from continuing his career as a financier or any other career involving public trust.
54. As a direct and proximate result of Defendants Izvestia, Editorial Staff, Mikheev, Charodeev and Nadeine's false and defamatory statement that Plaintiff Konanykhine was a swindler which was published in Defendant Izvestia's December 3, 1996 "Swindler" article, Plaintiff Konanykhine has suffered and will continue to suffer a loss of income, damage to his personal and professional reputation, mental anguish and humiliation.
55. Defendants Izvestia, Editorial Staff, Mikheev, Charodeev and Nadeine's false and defamatory statement that Plaintiff Konanykhine was a swindler which was published in Defendant Izvestia's December 3, 1996 "Swindler" article was so egregious and harmful as to warrant an award of punitive damages.
WHEREFORE, Plaintiff Konanykhine demands judgment, jointly and severally, against Defendants Izvestia Newspaper, Editorial Staff of Izvestia Newspaper, Vladimir Mikheev, Gennady Charodeev and Vladimir Nadeine as follows:
A. Compensatory damages in the amount of $3.5 million.
B. Punitive damages in the amount of $5 million.
C. Pre-judgment interest to the extent permitted by law.
D. Costs of this action.
E. Attorney's fees.
F. Such other relief as this Honorable Court may deem appropriate.
COUNT II
DEFAMATION OF PLAINTIFF KONANYKHINE
BASED UPON
ACCUSATION THAT PLAINTIFF KONANYKHINE WAS A SWINDLER
CONTAINED IN THE
DECEMBER 3, 1996 ARTICLE ENTITLED
"RUSSIAN SWINDLER DID NOT GET
POLITICAL ASYLUM IN THE USA"
WAS MADE WITH RECKLESS DISREGARD FOR ITS
TRUTH OR ACTUAL MALICE
56. Paragraphs 1 through 55, except Paragraphs 43 and 52, are incorporated herein by reference as if fully stated.
57. Defendants Izvestia Newspaper, Editorial Staff of Izvestia Newspaper, Vladimir Mikheev, Gennady Charodeev and Vladimir Nadeine published the false and defamatory statement that Plaintiff Konanykhine was a swindler which was contained in Defendant Izvestia's December 3, 1996 "Swindler" article with a reckless disregard for its truth.
58. Defendants Izvestia Newspaper, Editorial Staff of Izvestia Newspaper, Vladimir Mikheev, Gennady Charodeev and Vladimir Nadeine published the false and defamatory statement that Plaintiff Konanykhine was a swindler which was contained in Defendant Izvestia's December 3, 1996 "Swindler" article with knowledge of the falsity of this statement.
59. Defendants Izvestia Newspaper, Editorial Staff of Izvestia Newspaper, Vladimir Mikheev, Gennady Charodeev and Vladimir Nadeine published the false and defamatory statement that Plaintiff Konanykhine was a swindler which was contained in Defendant Izvestia's December 3, 1996 "Swindler" article with actual malice.
WHEREFORE, Plaintiff Konanykhine demands judgment, jointly and severally, against Defendants Izvestia Newspaper, Editorial Staff of Izvestia Newspaper, Vladimir Mikheev, Gennady Charodeev and Vladimir Nadeine as follows:
A. Compensatory damages in the amount of $3.5 million.
B. Punitive damages in the amount of $5 million.
C. Pre-judgment interest to the extent permitted by law.
D. Costs of this action.
E. Attorney's fees.
F. Such other relief as this Honorable Court may deem appropriate.
COUNT III
DEFAMATION OF PLAINTIFF KONANYKHINE AS PRIVATE CITIZEN
BASED UPON ACCUSATION THAT PLAINTIFF KONANYKHINE
COMMITTED THE CRIME OF
BIGAMY CONTAINED IN THE
SEPTEMBER 16, 1997 ARTICLE ENTITLED "GAMBLER"
60. Paragraphs 1 through 41 are incorporated herein by reference as if fully stated.
61. For the purposes of this defamation action, Plaintiff Konanykhine is a private citizen.
62. The September 16, 1997 "Gambler" article accused Plaintiff Konanykhine of committing the crime of bigamy by stating "his marriage to beautiful Elena Gratcheva exactly fits the punishable in both countries bigamy".
63. Plaintiff Konanykhine has never committed the crime of bigamy.
64. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. had a duty to determine the truth of the statements contained in the September 16, 1997 "Gambler" article prior to its publication.
65. Defendant Nadeine interviewed Plaintiff Konanykhine prior to the publication of the September 16, 1997 "Gambler" article.
66. During Defendant Nadeine's interview, Defendant Nadeine asked Plaintiff Konanykhine if he was already legally married at the time he married his current wife, Elena.
67. Plaintiff Konanykhine answered Defendant Nadeine's question by stating that he was legally divorced at the time he married his current wife, Elena, and therefore, was not married at the time he married his current wife, Elena.
68. During Defendant Nadeine's interview, Plaintiff Konanykhine stated that the certificates of divorce from his prior marriages had been submitted to the United States Immigration Court and a copy of this document may be inspected at the offices of Plaintiff Konanykhine's immigration attorney, but Defendant Nadeine did not pursue this opportunity.
69. Plaintiff Konanykhine also invited Defendant Nadeine to contact Plaintiff Konanykhine's attorneys to review additional documents and ask additional questions regarding the issue of whether Plaintiff Konanykhine had committed the crime of bigamy, but Defendant Nadeine did not pursue this opportunity.
70. At all times prior to Defendant Izvestia's publication of the false and defamatory statement that Plaintiff Konanykhine committed the crime of bigamy which was published in Defendant Izvestia's September 16, 1997 "Gambler" article, Plaintiff Konanykhine and his attorneys were available for comment and could have easily demonstrated the falsity of Defendant Nadeine's claim that Plaintiff Konanykhine had committed the crime of bigamy.
71. Defendant Izvestia did not make any effort to investigate the claims made on Plaintiff Konanykhine's behalf, nor did the September 16, 1997 "Gambler" article mention that there might be facts to support Plaintiff Konanykhine's claims that he had not committed the crime of bigamy.
72. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of bigamy which was published in Defendant Izvestia's September 16, 1997 "Gambler" article with a negligent disregard for the truth.
73. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc.'s false and defamatory statement that Plaintiff Konanykhine committed the crime of bigamy which was published in Defendant Izvestia's September 16, 1997 "Gambler" article was extremely damaging to Plaintiff Konanykhine, because it effectively precluded Plaintiff Konanykhine from continuing his career as a financier or any other career involving public trust.
74. As a direct and proximate result of Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc.'s false and defamatory statement that Plaintiff Konanykhine committed the crime of bigamy which was published in Defendant Izvestia's September 16, 1997 "Gambler" article, Plaintiff Konanykhine has suffered and will continue to suffer a loss of income, damage to his personal and professional reputation, mental anguish and humiliation.
75. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc.'s false and defamatory statement that Plaintiff Konanykhine committed the crime of bigamy which was published in Defendant Izvestia's September 16, 1997 "Gambler" article was so egregious and harmful as to warrant an award of punitive damages.
WHEREFORE, Plaintiff Konanykhine demands judgment, jointly and severally, against Defendants Izvestia Newspaper, Editorial Staff of Izvestia Newspaper, Vladimir Nadeine and Izvestia-Russica Information-USA, Inc. a/k/a IRI-USA, Inc. as follows:
A. Compensatory damages in the amount of $3.5 million.
B. Punitive damages in the amount of $30 million.
C. Pre-judgment interest to the extent permitted by law.
D. Costs of this action.
E. Attorney's fees.
F. Such other relief as this Honorable Court may deem appropriate
COUNT IV
DEFAMATION OF PLAINTIFF KONANYKHINE BASED UPON ACCUSATION
THAT PLAINTIFF KONANYKHINE COMMITTED THE CRIME OF BIGAMY
CONTAINED
IN THE SEPTEMBER 16, 1997 ARTICLE ENTITLED "GAMBLER"
WAS MADE
WITH RECKLESS DISREGARD FOR ITS TRUTH OR ACTUAL MALICE
76. Paragraphs 1 through 41 and Paragraphs 62 through 75 except Paragraph 72, are incorporated herein by reference as if fully stated.
77. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of bigamy which was contained in September 16, 1997 "Gambler" article with a reckless disregard for its truth.
78. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of bigamy which was contained in September 16, 1997 "Gambler" article with knowledge of the falsity of this statement.
79. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of bigamy which was contained in September 16, 1997 "Gambler" article with actual malice.
WHEREFORE, Plaintiff Konanykhine demands judgment, jointly and severally, against Defendants Izvestia Newspaper, Editorial Staff of Izvestia Newspaper, Vladimir Nadeine and Izvestia-Russica Information-USA, Inc. a/k/a IRI-USA, Inc. as follows:
A. Compensatory damages in the amount of $3.5 million.
B. Punitive damages in the amount of $30 million.
C. Pre-judgment interest to the extent permitted by law.
D. Costs of this action.
E. Attorney's fees.
F. Such other relief as this Honorable Court may deem appropriate.
COUNT V
DEFAMATION OF PLAINTIFF KONANYKHINE AS PRIVATE CITIZEN BASED
UPON ACCUSATION THAT PLAINTIFF KONANYKHINE COMMITTED THE CRIME OF THEFT
CONTAINED IN THE SEPTEMBER 16, 1997 ARTICLE ENTITLED "GAMBLER"
80. Paragraphs 1 through 41 are incorporated herein by reference as if fully stated.
81. For the purposes of this defamation action, Plaintiff Konanykhine is a private citizen.
82. The September 16, 1997 "Gambler" article accused Plaintiff Konanykhine of committing the crime of theft of over eight million dollars by stating "By a lucky chance three million dollars were waiting for him in the West. Volevodz proves that in fact it was eight million and a hundred thousand. At least. Because it was exactly how much Konanykhine had stolen" and "But it is already clear that the millions of dollars [stolen by Konanykhine] for which senior investigator of the Russian Military Procuracy Alexander Volevodz had been working so fervently and exhaustingly for the last three years will never return to Russia."
83. Plaintiff Konanykhine has never committed the crime of theft.
84. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. had a duty to determine the truth of the statements contained in the September 16, 1997 "Gambler" article prior to its publication.
85. Defendant Nadeine interviewed Plaintiff Konanykhine prior to the publication of the September 16, 1997 "Gambler" article.
86. During Defendant Nadeine's interview, Defendant Nadeine asked Plaintiff Konanykhine if he was a thief.
87. Plaintiff Konanykhine answered Defendant Nadeine's question by stating that he was not a thief and presenting documents which corroborated his innocence.
88. Plaintiff Konanykhine also invited Defendant Nadeine to contact Plaintiff Konanykhine's attorneys to review additional documents and ask additional questions regarding the issue of whether Plaintiff Konanykhine was a thief, but Defendant Nadeine did not pursue this opportunity.
89. At all times prior to Defendant Izvestia's publication of the false and defamatory statement that Plaintiff Konanykhine committed the crime of theft which was published in Defendant Izvestia's September 16, 1997 "Gambler" article, Plaintiff Konanykhine and his attorneys were available for comment and could have easily demonstrated the falsity of Defendant Nadeine's claim that Plaintiff Konanykhine had committed the crime of theft.
90. Defendant Izvestia did not make any effort to investigate the claims made on Plaintiff Konanykhine's behalf, nor did the September 16, 1997 "Gambler" article mention that there might be facts to support Plaintiff Konanykhine's claims that he had not committed the crime of theft.
91. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of theft which was published in Defendant Izvestia's September 16, 1997 "Gambler" article with a negligent disregard for the truth.
92. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc.'s false and defamatory statement that Plaintiff Konanykhine committed the crime of theft which was published in Defendant Izvestia's September 16, 1997 "Gambler" article was extremely damaging to Plaintiff Konanykhine, because it effectively precluded Plaintiff Konanykhine from continuing his career as a financier or any other career involving public trust.
93. As a direct and proximate result of Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc.'s false and defamatory statement that Plaintiff Konanykhine committed the crime of theft which was published in Defendant Izvestia's September 16, 1997 "Gambler" article, Plaintiff Konanykhine has suffered and will continue to suffer a loss of income, damage to his personal and professional reputation, mental anguish and humiliation.
94. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc.'s false and defamatory statement that Plaintiff Konanykhine committed the crime of theft which was published in Defendant Izvestia's September 16, 1997 "Gambler" article was so egregious and harmful as to warrant an award of punitive damages.
WHEREFORE, Plaintiff Konanykhine demands judgment, jointly and severally, against Defendants Izvestia Newspaper, Editorial Staff of Izvestia Newspaper, Vladimir Nadeine and Izvestia-Russica Information-USA, Inc. a/k/a IRI-USA, Inc. as follows:
A. Compensatory damages in the amount of $3.5 million.
B. Punitive damages in the amount of $30 million.
C. Pre-judgment interest to the extent permitted by law.
D. Costs of this action.
E. Attorney's fees.
F. Such other relief as this Honorable Court may deem appropriate.
COUNT VI
DEFAMATION OF PLAINTIFF KONANYKHINE BASED UPON ACCUSATION
THAT PLAINTIFF KONANYKHINE COMMITTED THE CRIME OF THEFT
CONTAINED IN
THE SEPTEMBER 16, 1997 ARTICLE ENTITLED "GAMBLER"
WAS MADE WITH
RECKLESS DISREGARD FOR ITS TRUTH OR ACTUAL MALICE
95. Paragraphs 1 through 41 and Paragraphs 82 through 94 except Paragraph 91, are incorporated herein by reference as if fully stated.
96. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of theft which was contained in September 16, 1997 "Gambler" article with a reckless disregard for its truth.
97. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of theft which was contained in September 16, 1997 "Gambler" article with knowledge of the falsity of this statement.
98. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of theft which was contained in September 16, 1997 "Gambler" article with actual malice.
WHEREFORE, Plaintiff Konanykhine demands judgment, jointly and severally, against Defendants Izvestia Newspaper, Editorial Staff of Izvestia Newspaper, Vladimir Nadeine and Izvestia-Russica Information-USA, Inc. a/k/a IRI-USA, Inc. as follows:
A. Compensatory damages in the amount of $3.5 million.
B. Punitive damages in the amount of $30 million.
C. Pre-judgment interest to the extent permitted by law.
D. Costs of this action.
E. Attorney's fees.
F. Such other relief as this Honorable Court may deem appropriate.
COUNT VII
DEFAMATION OF PLAINTIFF KONANYKHINE AS PRIVATE CITIZEN BASED
UPON ACCUSATION
THAT PLAINTIFF KONANYKHINE COMMITTED THE CRIME OF BRIBERY
OF A PUBLIC OFFICIAL CONTAINED IN THE SEPTEMBER 16, 1997 ARTICLE ENTITLED "GAMBLER"
99. Paragraphs 1 through 41 are incorporated herein by reference as if fully stated.
100. For the purposes of this defamation action, Plaintiff Konanykhine is a private citizen.
101. The September 16, 1997 "Gambler" article accused Plaintiff Konanykhine of committing the crime of bribery of a public official by stating "his main gift was in buying the highest-ranking Soviet and, later, Russian officials. KGB Generals, ministers, first deputies - they all turned out to be cheap. The boy was buying form mere tens of thousands dollars the statesmen before whom the great country had been trembling for years. Than he made on them hundreds of thousands."
102. Plaintiff Konanykhine has never committed the crime of bribery of a public official.
103. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. had a duty to determine the truth of the statements contained in the September 16, 1997 "Gambler" article prior to its publication.
104. Defendant Nadeine interviewed Plaintiff Konanykhine prior to the publication of the September 16, 1997 "Gambler" article.
105. During Defendant Nadeine's interview, Defendant Nadeine asked Plaintiff Konanykhine if he ever bribed a public official.
106. Plaintiff Konanykhine answered Defendant Nadeine's question by stating that he had never bribed a public official.
107. Defendant Izvestia did not make any effort to investigate the claims made on Plaintiff Konanykhine's behalf, nor did the September 16, 1997 "Gambler" article mention that there might be facts to support Plaintiff Konanykhine's claims that he had not committed the crime of bribery of a public official.
108. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of bribery of a public official which was published in Defendant Izvestia's September 16, 1997 "Gambler" article with a negligent disregard for the truth.
109. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc.'s false and defamatory statement that Plaintiff Konanykhine committed the crime of bribery of a public official which was published in Defendant Izvestia's September 16, 1997 "Gambler" article was extremely damaging to Plaintiff Konanykhine, because it effectively precluded Plaintiff Konanykhine from continuing his career as a financier or any other career involving public trust.
110. As a direct and proximate result of Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc.'s false and defamatory statement that Plaintiff Konanykhine committed the crime of bribery of a public official which was published in Defendant Izvestia's September 16, 1997 "Gambler" article, Plaintiff Konanykhine has suffered and will continue to suffer a loss of income, damage to his personal and professional reputation, mental anguish and humiliation.
111. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc.'s false and defamatory statement that Plaintiff Konanykhine committed the crime of bribery of a public official which was published in Defendant Izvestia's September 16, 1997 "Gambler" article was so egregious and harmful as to warrant an award of punitive damages.
WHEREFORE, Plaintiff Konanykhine demands judgment, jointly and severally, against Defendants Izvestia Newspaper, Editorial Staff of Izvestia Newspaper, Vladimir Nadeine and Izvestia-Russica Information-USA, Inc. a/k/a IRI-USA, Inc. as follows:
A. Compensatory damages in the amount of $3.5 million.
B. Punitive damages in the amount of $30 million.
C. Pre-judgment interest to the extent permitted by law.
D. Costs of this action.
E. Attorney's fees.
F. Such other relief as this Honorable Court may deem appropriate.
COUNT VIII
DEFAMATION OF PLAINTIFF KONANYKHINE BASED UPON ACCUSATION
THAT PLAINTIFF KONANYKHINE COMMITTED THE CRIME OF BRIBERY OF A PUBLIC OFFICIAL
CONTAINED IN THE SEPTEMBER 16, 1997 ARTICLE ENTITLED "GAMBLER"
WAS MADE WITH RECKLESS DISREGARD FOR ITS TRUTH OR ACTUAL MALICE
112. Paragraphs 1 through 41 and Paragraphs 101 through 111 except Paragraph 108, are incorporated herein by reference as if fully stated.
113. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of bribery of a public official which was contained in September 16, 1997 "Gambler" article with a reckless disregard for its truth.
114. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of bribery of a public official which was contained in September 16, 1997 "Gambler" article with knowledge of the falsity of this statement.
115. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of bribery of a public official which was contained in September 16, 1997 "Gambler" article with actual malice.
WHEREFORE, Plaintiff Konanykhine demands judgment, jointly and severally, against Defendants Izvestia Newspaper, Editorial Staff of Izvestia Newspaper, Vladimir Nadeine and Izvestia-Russica Information-USA, Inc. a/k/a IRI-USA, Inc. as follows:
A. Compensatory damages in the amount of $3.5 million.
B. Punitive damages in the amount of $30 million.
C. Pre-judgment interest to the extent permitted by law.
D. Costs of this action.
E. Attorney's fees.
F. Such other relief as this Honorable Court may deem appropriate.
COUNT IX
DEFAMATION OF PLAINTIFF KONANYKHINE AS PRIVATE CITIZEN
BASED UPON ACCUSATION THAT PLAINTIFF KONANYKHINE
COMMITTED THE CRIME OF
MONEY LAUNDERING CONTAINED IN THE
SEPTEMBER 16, 1997 ARTICLE ENTITLED "GAMBLER"
116. Paragraphs 1 through 41 are incorporated herein by reference as if fully stated.
117. For the purposes of this defamation action, Plaintiff Konanykhine is a private citizen.
118. The September 16, 1997 "Gambler" article accused Plaintiff Konanykhine of committing the crime of money laundering by stating "Investigator Volevodz outlines the main source of the profit of the banks and companies of Konanykhine. It is money laundering. Huge amounts of money which needed immediate legalization has accumulate din the country. It is pure logic (there is no direct evidence in the investigation materials); the financial structures of Konanykhine did not have any other profitable businesses. From that comes instability of success and inevitable collapse."
119. Plaintiff Konanykhine has never committed the crime of money laundering.
120. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. had a duty to determine the truth of the statements contained in the September 16, 1997 "Gambler" article prior to its publication.
121. Defendant Nadeine interviewed Plaintiff Konanykhine prior to the publication of the September 16, 1997 "Gambler" article.
122. During Defendant Nadeine's interview, Defendant Nadeine never asked Plaintiff Konanykhine if he had ever committed the crime of money laundering.
123. Defendant Izvestia did not make any effort to investigate this issue, nor did the September 16, 1997 "Gambler" article mention that there might be facts which show that Plaintiff Konanykhine had not committed the crime of money laundering.
124. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of money laundering which was published in Defendant Izvestia's September 16, 1997 "Gambler" article with a negligent disregard for the truth.
125. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc.'s false and defamatory statement that Plaintiff Konanykhine committed the crime of money laundering which was published in Defendant Izvestia's September 16, 1997 "Gambler" article was extremely damaging to Plaintiff Konanykhine, because it effectively precluded Plaintiff Konanykhine from continuing his career as a financier or any other career involving public trust.
126. As a direct and proximate result of Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc.'s false and defamatory statement that Plaintiff Konanykhine committed the crime of money laundering which was published in Defendant Izvestia's September 16, 1997 "Gambler" article, Plaintiff Konanykhine has suffered and will continue to suffer a loss of income, damage to his personal and professional reputation, mental anguish and humiliation.
127. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc.'s false and defamatory statement that Plaintiff Konanykhine committed the crime of money laundering which was published in Defendant Izvestia's September 16, 1997 "Gambler" article was so egregious and harmful as to warrant an award of punitive damages.
WHEREFORE, Plaintiff Konanykhine demands judgment, jointly and severally, against Defendants Izvestia Newspaper, Editorial Staff of Izvestia Newspaper, Vladimir Nadeine and Izvestia-Russica Information-USA, Inc. a/k/a IRI-USA, Inc. as follows:
A. Compensatory damages in the amount of $3.5 million.
B. Punitive damages in the amount of $30 million.
C. Pre-judgment interest to the extent permitted by law.
D. Costs of this action.
E. Attorney's fees.
F. Such other relief as this Honorable Court may deem appropriate.
COUNT X
DEFAMATION OF PLAINTIFF KONANYKHINE BASED UPON ACCUSATION
THAT
PLAINTIFF KONANYKHINE COMMITTED THE CRIME OF MONEY LAUNDERING
CONTAINED IN THE SEPTEMBER 16, 1997 ARTICLE ENTITLED "GAMBLER"
WAS MADE WITH RECKLESS DISREGARD FOR ITS TRUTH OR ACTUAL MALICE
128. Paragraphs 1 through 41 and Paragraphs 118 through 127 except Paragraph 124, are incorporated herein by reference as if fully stated.
129. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of money laundering which was contained in September 16, 1997 "Gambler" article with a reckless disregard for its truth.
130. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of money laundering which was contained in September 16, 1997 "Gambler" article with knowledge of the falsity of this statement.
131. Defendants Izvestia Newspaper, Editorial Staff, Vladimir Nadeine and IRI-USA, Inc. published the false and defamatory statement that Plaintiff Konanykhine committed the crime of money laundering which was contained in September 16, 1997 "Gambler" article with actual malice.
WHEREFORE, Plaintiff Konanykhine demands judgment, jointly and severally, against Defendants Izvestia Newspaper, Editorial Staff of Izvestia Newspaper, Vladimir Nadeine and Izvestia-Russica Information-USA, Inc. a/k/a IRI-USA, Inc. as follows:
A. Compensatory damages in the amount of $3.5 million.
B. Punitive damages in the amount of $30 million.
C. Pre-judgment interest to the extent permitted by law.
D. Costs of this action.
E. Attorney's fees.
F. Such other relief as this Honorable Court may deem appropriate.
COUNT XI
CONSPIRACY TO INJURE PLAINTIFF KONANYKHINE IN HIS REPUTATION,
TRADE,
BUSINESS AND PROFESSION IN VIOLATION OF VA. CODE ANN. §18.2-500
132. Paragraphs 1 through 131 except Paragraphs 52, 72, 91, 108 and 124, are incorporated herein by reference as if fully stated.
133. Defendants Izvestia Newspaper, Editorial Staff, Mikheev, Charodeev, Nadeine, IRI-USA, Inc. and unknown third parties combined, associated, undertook or agreed to willfully or maliciously injure Plaintiff Konanykhine in his reputation, trade, business and profession.
134. Defendants Izvestia Newspaper, Editorial Staff, Mikheev, Charodeev, Nadeine, IRI-USA, Inc. and unknown third parties did, in actuality, willfully or maliciously injure Plaintiff Konanykhine in his reputation, trade, business and profession.
135. As a direct and proximate result of Defendants Izvestia Newspaper, Editorial Staff, Mikheev, Charodeev, Nadeine, IRI-USA, Inc. and unknown third parties' conspiracy and acts in furtherance thereof, Plaintiff Konanykhine was injured in his reputation, trade, business and profession.
WHEREFORE, Plaintiff Konanykhine demands judgment, jointly and severally, against Defendants Izvestia Newspaper, Editorial Staff of Izvestia Newspaper, Vladimir Mikheev, Gennady Charodeev, Vladimir Nadeine and Izvestia-Russica Information-USA, Inc. a/k/a IRI-USA, Inc. as follows:
A. Compensatory damages in the amount of $3.5 million.
B. Punitive damages in the amount of $30 million.
C. Pre-judgment interest to the extent permitted by law.
D. Costs of this action.
E. Attorney's fees.
F. Such other relief as this Honorable Court may deem appropriate.
Respectfully submitted,
J.P. Szymkowicz
V.S.B. #39120
SZYMKOWICZ & BUFFINGTON
2401 Pennsylvania Avenue,
N.W.
Suite 410
Washington, DC 20037
(202) 862-8500
Counsel for Plaintiff Konanykhine
Dated: December 2, 1997