Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:04-cv-01482-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COURT OF DELAWARE ------------------------------------------------Davis International, LLC et al. Plaintiffs, -againstNew Start Group Corp, et al. Defendants. ------------------------------------------------DECLARATION OF JALOL KHAIDAROV I, Jalol A. Khaidarov, declare pursuant to the provisions of 28 U.S.C. §1746, as follows: INTRODUCTION 1. In this declaration, I set forth the threats on my life, the lives of my family and No. 44-1482-GMS

my business partners, which have been made in regard to the dispute over control of Kachkanarsky Gok. 2. These threats include recent threats by Vychaslav Ivankov, better know as

"Yaponchik", in Russia to kill Joseph Traum and myself if we return to Russia. 3. These threats are real; as described below, my mother was murdered in a

purported automobile "accident" in Tashkent, Uzbekistan in retaliation for the filing of the complaint in the Chancery Court in Delaware one day after the filing. 4. As a result of these threats, including the murder of my mother, I am unwilling to

leave Israel, where I now live under police protection, and return to Russia, or any part of the former Soviet Union where my opponents could have me killed.

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BACKGROUND 5. Prior to 1999, I served as a manager for Mikhail Chernoi (aka Cherniy)

("Chernoi") and Iskander Makmudov ("Makmudov"). 6. Chernoi is originally from Tashkent, where he has substantial contacts in

organized crime. Salim Abdulayev ("Salim") who has been Chernoi's friend back from childhood years and is currently his partner, is head of organized criminal group, which is controlling Middle Asia and Uzbekistan. 7. Chernoi and Makmudov owned and operated a vast business enterprise (the

"Enterprise") with interests in aluminum, copper, steel, coal, and other products. 8. Various persons shared in the profits, operation, and management of the

Enterprise, including Oleg Deripaska ("Deripaska"), who was responsible for operating and managing the aluminum division (Sibersky Aluminum or "SibAl") of the Enterprise, and Anton Malevsky, who was responsible for the "security" division of the Enterprise and managing relations with the local criminal organizations in the various regions in Russia where the Enterprise operated. 9. Arnold Kislin ("Kislin") was responsible for organizing the finances and

corporate structure of the Enterprise in the United States, which included the incorporation of at least twenty know companies in Delaware and perhaps as many as 100. 10. Michael Nekrich ("Nekrich") was responsible for oil and gas section, controlled

by the Enterprise.

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The Takeover of GOK 11. As of late 1998, I had established an independent career outside of the Enterprise

and served as the general director of Kachkanarsky GOK ("GOK"), a vanadium ore mining company, located in the Sverdlovsk Oblast. 12. In January, 2000, GOK was illegally taken over by the Enterprise through

physical force and members of the Board of Directors were extorted to vote to remove me as GOK's general director. 13. Requests by the shareholders of GOK for assistance from the Sverdlovsk

government were denied, and, in fact, special forces of the Sverdlovsk government assisted the Enterprise. Extortion 14. I was personally threatened by Chernoi, Makmudov, and Malevsky after I

established an independent career as the general director of GOK. I have now realised it is common practice. 15. Chernoi threatened that my life would be at risk unless I arranged for an interest

in GOK to be transferred to the Enterprise at a meeting at his apartment in Paris in April, 1999. 16. Makmudov demanded that I arranged for an interest in GOK to be transferred to

the Enterprise at a meeting at the Luxor Restaurant at the Metropole Hotel in Moscow at which Malevsky, Deripaska, Kislin and Nekrich were present in November, 1999. 17. It is common knowledge that Malevsky was the head of the Russian-American

Izmailovo Mafia and was responsible for numerous illegal acts, including murder and extortion. 18. It is also common knowledge that his partner in the Izmailovo Mafia was

Vchyaslav Ivankov, who at the time was in prison in the United States for extortion.

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19.

In my experience, Malevsky was almost always armed and was usually

surrounded by men who were armed. 20. The presence of Malevsky was intended to convey the message that my life was

in danger if I did not cooperate. 21. cooperate. 22. He made a similar threat to me at a later meeting related to GOK at the BalchugIn fact, at the meeting, Malevsky stated that I would not remain alive if I did not

Kempinsky Hotel in Moscow in Year 2000. 23. I was aware that such threats had been made in the past by members of the

Enterprise. I an aware that tt least one such threat was actually carried out. False Criminal Charges 24. In 2000, false criminal charges were brought against me in Russia for various

alleged offenses, including the possession of narcotics and rape. 25. For example, a small packet of narcotics was planted on me by police while I was

eating at the Starlight Diner in Moscow in 2000. 26. Based on my fears for my life and these false charges, I left Russia in 2000 and

now reside Israel, where I am provided protection for my personal security. The Most Recent Threats By Vchyaslav Ivankov 27. In late 2004, Ivankov was released from prison in the United States and returned

to Russia to face murder charges. 28. Subsequent to his return, I have spoken to persons who I know who had been

affiliated with the Enterprise.

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29.

I am told that Ivankov is very upset about the allegations which have been made

about Malevsky and him and that he intends to have Joseph Traum and myself murdered if we return to Russia or parts of the former Soviet Union where the Izmailovo mafia maintains a presence, such as Tashkent, a known center for drug dealing. 30. I am also told that it is highly likely that Ivankov will be released from prison

because no-one is willing to serve as a witness against him in the murder trial. 31. In any case, whether Ivankov is in prison or not, he has the contacts and resources

with the Izmailovo mafia to have Traum and me killed in Russia. The Threats To My Family and Murder of My Mother 32. A message was passed to me from Makhmudov in 2000 with a threat in regard to

my son's and my mother's lives. The threats were supported by the information that the Enterprise is very well aware of the fact that my son lives in England and my mother - in Tashkent. There is an audio recording of the threat in the possession of Israeli police. 33. Shortly before the action was filed in the Delaware Chancery court, I spoke to

persons in Russian who had formerly been associated with the Enterprise and told them of the plan to file the action. 34. On the day after the action was filed, I spoke to a former member of the

Enterprise and he told me that Makmudov and Yaponchik suggested that I check on the health of my mother. 35. I then learned from speaking to people in Tashkent that my mother had been

killed in a hit and run "accident" that very same day. 36. Unfortunately, in Russia and Uzbekistan, people are commonly murdered by

organized crime groups in this fashion so that it appears to be an accident, and not a murder.

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37.

After I learned of my mother's death, I attempted to initiate a proper

investigation of the circumstances of the accident. However these efforts were not a success, and it is obvious why. MVD and FSB1 are under influence on the part of Salim's criminal group. 38. Given the prior threats on my life and the lives of my family, the unmistakable

message from Makmudov, as well as impossibility to conduct a proper investigation it is plain to me that my mother was murdered in retaliation for the filing of the Chancery court action.

1

Translator's note: MVD ­ Ministry of Internal Affairs. FSB ­ Federal Security Service

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I am informed that the contents of the English declaration match those of the Russian version. I declare under penalty of perjury that the foregoing is true and correct.

_________________ Jalol A. Khaidarov

Dated: ________

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