Rights groups condemn lawsuits brought by ENRC against public watchdogs, 8 June 2021

..A legal case currently before the UK courts highlights the egregious tactics being used by Eurasian Natural Resources Corporation Limited (ENRC), a privately-owned Kazakh multinational mining company, in what appear to be deliberate attempts to escape public scrutiny.

The civil case brought by ENRC is against the UK’s anti-corruption authority, the Serious Fraud Office (SFO), and ENRC’s former lawyers, Dechert LLP. The SFO launched a formal corruption investigation into ENRC in April 2013, but has yet to bring any charges. The investigation has become one of the SFO’s longest running and most complicated cases. ENRC denies all allegations.

ENRC is suing the SFO for misfeasance in public office claiming the SFO mishandled the corruption investigation, induced Dechert lawyers to breach duties owed to ENRC, and leaked information to the media. ENRC claims Dechert and its partner, Neil Gerrard, were negligent and acted in breach of contract and fiduciary duties, including by leaking confidential information to the press. The SFO, Gerrard and Dechert all deny the allegations.

This is by no means an isolated example of ENRC using the courts in a way that discourages scrutiny and shuts down accountability. Since the SFO announced its investigation, ENRC has initiated a wave of more than 16 legal proceedings in the US and the UK against journalists, lawyers, investigators, contractors, a former SFO official and the SFO itself. The SFO has had to divert significant staff time and funding away from its corruption investigation to respond to the claims brought by ENRC.

The 21 undersigned human rights, freedom of expression and anti-corruption organisations are concerned that ENRC’s tactics are either a deliberate attempt to undermine the SFO’s corruption investigation and to silence those seeking to expose the company’s misdeeds or will serve to do so.

The groups believe that ENRC’s legal tactics include Strategic Lawsuits Against Public Participation or SLAPPs, a form of legal harassment used by powerful individuals and companies as a means of silencing public watchdogs, including journalists, peaceful protesters and whistleblowers. SLAPPs typically involve long and costly legal procedures, or the threat thereof, to intimidate and harass critics into silence.

The conduct of corruption investigations by state officials and others must, of course, be lawful and follow appropriate procedures, the undersigned organisations said, but they nonetheless raised concerns about what appeared to be vexatious litigation by ENRC...

A recent legal suit by ENRC was initiated in September 2020 in US courts against publisher HarperCollins seeking disclosure of wide-ranging information relating to the publication of a book, Kleptopia, and newspaper articles published in the Financial Times by investigative journalist Tom Burgis. The book and articles investigate possible corruption and other alleged offences by ENRC and its owners, notably Alexander Machkevitch, one of the three oligarchs (known as the Trio), who – alongside the Kazakh state – own the controlling stake in ENRC...