IN RE EX PARTE APPLICATION, UNDER 28 U.S.C. 22 Misc. 50 § 1782, OF PUBLIC JOINT-STOCK COMPANY BANK OTKRITIE FINANCIAL CORPORATION AND PUBLIC JOINT-STOCK COMPANY NATIONAL BANK TRUST
EX PARTE APPLICATION FOR AN ORDER PURSUANT TO 28 U.S.C. § 1782 TO CONDUCT DISCOVERY FOR USE IN FOREIGN PROCEEDINGS
Public Joint-Stock Company Bank Otkritie Financial Corporation ("Bank Oktkritie") and Public Joint-Stock Company National Bank Trust ("NBT," and collectively, the "Petitioners"), by and through their undersigned counsel, respectfully ask this Court to enter an order pursuant to 28 U.S.C. § 1782 granting leave to the Petitioners to serve on Citibank, N.A., Deutsche Bank Securities Inc., and Deutsche Bank Trust Company Americas (together, the "Respondents") document subpoenas in the form of the proposed subpoenas. ..
The requested relief is for the purpose of obtaining discovery necessary in aid of contemplated foreign proceedings. The Petitioners seek to enforce an award issued by the London Court of International Arbitration (the "LCIA") in ten consolidated arbitration proceedings arising out of a dishonest scheme to defraud the Petitioners. One of the parties to the fraudulent scheme, Coniston Management Limited ("Coniston"), appears to have dissipated significant assets since 2017. The LCIA award also found that Coniston, and other parties in the arbitration, were controlled by a Russian oligarch and his family, namely Boris Mints and his sons. There are currently parallel proceedings in the High Court of Justice in London against members of the Mints family that were involved in the fraud (the "High Court Proceedings"), in which the defendants are accused of fraudulent transfer activity intended to place their assets beyond the reach of the Petitioners.