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Eugene Starski v. Alexander Kirzhnev and Dai Synditrade Limited

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Before Boudin, Circuit Judge, Souter, *fn1 Associate Justice, and Thompson, Circuit Judge.

This is an appeal by Eugene Starski, who asserted claims in the district court against Alexander Kirzhnev (and Kirzhnev’s company DAI Synditrade (“DAI”)) growing out of a commercial dispute. The merits of the claims are not central to the issues raised on appeal but some understanding of Starski’s lawsuit and version of events is needed to provide context.

Starski claims that he had a business relationship with a Vietnamese enterprise called Sovico and, in cooperation with it, sought to facilitate a $1.5 billion debt swap between the governments of Vietnam and the Russian Federation; that Starski joined with Kirzhnev, said to have high level contacts in the Russian government, to set up the swap; that Kirzhnev agreed to pay Starski a substantial commission; that $1 billion of the debt swap was completed and $100 million in commissions paid to some combination of Kirzhnev, DAI, and Sovico; but that Kirzhnev reneged and paid Starski nothing.

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