British Activist Sued by Russian in D.C. Under Long-Arm Statute

WASHINGTON — A former Russian-American spy is suing a British political activist for defamation in Washington, D.C., after convincing a federal court the District of Columbia’s “long-arm” statute applies to his lawsuit.

Although William Browder was not in the nation’s capital when he made the derogatory comments and does not live in the area, the U.S. Circuit Court of Appeals said his ongoing activities in Washington, D.C., still give the court jurisdiction.

Rinat Akhmetshin is a Washington, D.C., resident, a former Russian spy and now a lobbyist. He sued in 2018 after Browder called him a “Russian intelligence asset” and “a member of [Russian President Vladimir] Putin’s secret police” in tweets and media statements.

During a television interview, Browder called Akhmetshin “by all accounts, some kind of shady former Soviet spy, current spy operator in Washington.”

Browder is chief executive officer of investment fund Hermitage Capital Management and a human rights activist. He filed a motion to dismiss the lawsuit, saying Washington, D.C., courts lack jurisdiction to decide whether his comments were defamatory.

Akhmetshin invoked a long-arm statute that gives D.C. courts personal jurisdiction over claims when a defendant’s actions outside the region cause “torturous” injury in Washington.

Browder argued that short-term government affiliations create an exception to the long-arm statute. His work in D.C. consists of governmental business, such as meetings with lawmakers.

The D.C. Circuit disagreed, saying Browder’s “persistent course of conduct” in Washington gives the local courts jurisdiction over the lawsuit against him.

The long-arm statute does allow an exception for government contracts, but not for all business associations with government representatives, the court said. As a result, Akhmetshin’s lawsuit for defamation can proceed.

Akhmetshin is a former Soviet counterintelligence officer who participated in a meeting at Trump Tower in New York during Donald Trump’s 2016 campaign for president. Also attending was Donald Trump Jr., son-in-law Jared Kushner, later campaign chairman Paul Manafort and Russian lawyer Natalia Veselnitskaya.

The meeting contributed to allegations the Russian government was trying to influence the presidential election in Trump’s favor. Trump and his relatives denied the allegation.

The case is Akhmetshin v. Browder, number 19-7129, in the U.S. Court of Appeals for the District of Columbia Circuit.

Tom can be reached at [email protected] or on Twitter at @tramstack.