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Deposit Ins. Agency v. Leontiev

Statutory, Discretionary Factors Require Denial of Motion to Quash Subpoena

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OPINION AND ORDERThe Deposit Insurance Agency (the “DIA”), a Russian governmental bankruptcy receiver, has issued a subpoena ad testificandum and duces tecum pursuant to 28 U.S.C. §1782 to Sergey Leontiev, the founder and former president of Probusinessbank, a failed Russian commercial bank. Leontiev moves to quash the subpoenas because he contends they violate the Sergei Magnitsky Rule of Law Accountability Act of 2012 (the “Magnitsky Act”) and 28 U.S.C. §1782. Alternatively, Leontiev seeks reciprocal discovery from the DIA.BACKGROUNDI. The Underlying Russian ActionThe DIA seeks discovery from Leontiev as a nonparty to Probusinessbank’s ongoing Russian bankruptcy proceeding. The parties sharply disagree as to that proceeding’s legitimacy and purpose. Leontiev maintains that elements within the Russian government forced Probusinessbank into bankruptcy in an effort to expropriate the bank’s assets and to punish him for his political independence. The DIA, on the other hand, argues that Leontiev drove the bank to insolvency through off balance sheet lending and other fraudulent transactions. The following facts are taken from the parties’ moving papers, affidavits, and exhibits. They are undisputed unless otherwise noted.Leontiev founded Probusinessbank in 1993 and operated it until 2015. Leontiev Decl.

2-4. During his time at the bank, Leontiev maintained ties to prominent Russian dissidents and the U.S. government. Leontiev Decl.

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