Declaration of Gregory A. Paw on the Case of Yerzhan Tatishev

DECLARATION OF GREGORY A. PAW

I, Gregory A. Paw, declare as follows:

1. I am an attorney in the United States of America, admitted to practice law and in
good standing in the States of New York, New Jersey and the District of Columbia. I
formerly served as a federal prosecutor in the U.S. Attorney’s Office in Philadelphia and was
the Director of the New Jersey Division of Criminal Justice and had a particular focus on
public corruption investigations and prosecutions. I am currently a partner in the law firm
of Freeh Sporkin & Sullivan LLP (“FSS”).

A. Background

2. FSS and its investigative firm, Freeh Group International Solutions (“FGIS”),
conducted a lengthy investigation of the 2004 death of Erzhan Tatishev (“Tatishev”), the
former chairman of Bank Turem Alem (“BTA Bank”), a Kazakhstan bank with headquarters
in Almaty.

3. The FSS and FGIS investigation was led by Louis J. Freeh, the former Director of
the U.S. Federal Bureau of Investigation (“FBI”) and a former federal judge. Mr. Freeh was
assisted by several former federal prosecutors and former FBI agents, all with extensive
experience in public corruption and organized crime investigations including under the
Racketeer Influenced and Corrupt Organizations (“RICO”) Act.

4. FSS and FGIS obtained access to relevant investigative records and data
concerning Tatishev’s death. FSS and FGIS also obtained records and data concerning a
monumental bank fraud at BTA Bank perpetrated by Mukhtar Ablyazov (“Ablyazov”), a
former Kazakhstan Minister of Energy who also had been convicted of abuse of official
power as a minister and of corruption. Ablyazov had been given a six-year sentence and his
assets were confiscated. Due to the conviction and incarceration of Ablyazov, Tatishev had
become the head of BTA Bank.

5. Records obtained by FSS and FGIS indicate that Ablyazov recruited Muratkhan
Tokmadi (“Tokmadi”) to kill Tatishev as part of a scheme for Ablyazov to regain control of
BTA Bank. Ablyazov induced Tokmadi to commit the murder in exchange for, among other
rewards, a payment of US$4 million.

6. Records obtained by FSS and FGIS indicated that after the murder of Tatishev,
Ablyazov orchestrated a fraud at BTA Bank resulting in losses in the billions of dollars. A
large amount of the money generated by the fraud was laundered through the United States
banking system.

7. As to Tatishev’s death, FSS and FGIS worked with a forensics team comprised of
experienced US homicide investigators and forensic experts engaged to examine the events
surrounding Tatishev’s death. The forensics team prepared a detailed report of its findings,
concluding that Tatishev’s death was a homicide.

8. This Affidavit provides a summary of the findings contained in the FSS and FGIS
records.

B. The Murder of Tatishev

9. In February 2018, Tokmadi pleaded guilty to charges of killing Tatishev during a
December 19, 2004 hunting trip in the Korday District (Rayon) of Kazakhstan.

10. Tatishev was 37 years old at the time of his death.

11. On December 19, 2004, Tatishev was on a hunting trip and driving with two
passengers, Tokmadi and Sergei Kozlikin (“Kozlikin”), a bodyguard for Tatishev, in a 2001
Toyota Land Cruiser. A 12-gauge double barrel “Sauer” shotgun and shotshells were also in
the Land Cruiser. There was also a second vehicle containing bodyguards trailing Tatishev’s
lead car.

12. While Tatishev drove, Kozlikin was in the front passenger seat and Tokmadi was
in the rear passenger seat. According to Kozlikin, Tatishev passed the shotgun to Tokmadi.
Shortly thereafter, Kozlikin heard a shotgun blast. Kozlikin saw that Tatishev had been hit
in the head and Kozlikin quickly realized that Tatishev was dead. Kozlikin said that he saw
Tokmadi’s left hand on the fore stock of the shotgun and his right hand in the trigger area
when Kozlikin looked back after the shotgun was fired.

13. A forensic review confirmed that Tatishev received a perforating gunshot wound
to his head and died immediately at the scene.

14. According to Kozlikin, Tokmadi was hysterical after the shooting. Tokmadi
made statements such as “I did not want to take that weapon...I do not understand how I
pulled that trigger.” According to witnesses, Tokmadi was inconsolable. He said, “My life is
over”, “How can I explain what happened?”, and he hoped that one of the other members of
the group would kill him.

C. The Investigation of Tokmadi for the Murder of Tatishev

15. During Tokmadi’s official statement to investigators immediately following the
shooting, Tokmadi indicated that the shotgun must have gone off accidentally or may have
discharged as a result of being caught on something inside the vehicle. In his official
interview and thereafter, Tokmadi provided varying explanations of the shooting, including
that: (a) the shotgun discharged due to the driving surface; (b) the shotgun bumped and
discharged accidently; (c) the shotgun caught on the arm rest while being passed to
Tokmadi by Tatishev; (d) at the time of the shooting, he was standing in the back of the car
with his head located out of the sun roof; (e) the shot took place as Kozlikin was passing
the shotgun to Tokmadi; (f) Kozlikin shot Tatishev; and (g) Tokmadi was standing in the
open sunroof when the shotgun was caught or hit on something in the vehicle and
discharged.

16. Given Tokmadi’s various and inconsistent explanations, investigators requested
that a bloodstain pattern analyst review the Land Cruiser and positioning of Tatishev in the
vehicle. The resulting report indicated that there were numerous pellets which impacted
the front “A” pillar and adjacent areas in the Land Cruiser. This examination provided
further confirmation of the projectile trajectory and soot deposition noted around the
entrance wound necessary to establish the distance between the barrel of the weapon and
Tatishev.

17. Based on observations and review of all firearm and blood stain patterns, the
bloodstain pattern analyst concluded that:
It is evident that the shot which killed [Tatishev] was fired from the rear
passenger seat of the primary vehicle and could not have been fired from the
front passenger seat or by the victim himself. Statements, coupled with no
evidence to the contrary, place Tokmadi as the passenger in the rear seat. While
the scientific evidence does not conclusively show whether the fatal shot was
accidental or intentional, further investigation and interviews are warranted.
Apparent alterations to the shotgun, as well as unusual events occurring on the
morning of the incident, should be examined.

18. A forensics team comprised of experienced US homicide investigators and
forensic experts were engaged to examine the events surrounding Tatishev’s death. The
team concluded that: (a) the shot came from the rear of the car; (b) Tokmadi was the only
person in the rear of the car; and (c) the location of the wound, the trajectory of the shot,
and the related evidence indicate that the weapon was positioned with the intent to kill
Tatishev. The team concluded that Tatishev’s death was a homicide.

19. The shotgun used to kill Tatishev was maintained by Akop Kirakossyan
(“Kirakossyan”), a “weapon master” who would clean the shotgun after Tatishev would go
hunting. Kirakossyan described the shotgun as being in excellent condition before
Tatishev’s death. Kirakossyan also stated that the particular shotgun could not discharge
accidentally no matter the force of the impact.

20. When the shotgun was initially tested by government experts shortly after being
taken into police custody at the incident scene, the shotgun was found to be operating
correctly. The government experts determined that the shotgun’s safety would have to be
released manually and that it could not be released automatically.

21. During the course of the investigation, Tokmadi’s counsel made motions for new
testing of the shotgun. The court initially denied these requests but on August 10, 2005, the
court ordered additional testing of the shotgun. On September 26, 2005, a government
firearms expert issued a report finding that the shotgun could accidentally discharge.

22. In 2017, however, a different certified firearms and forensic criminalistics expert
with 32 years of experience at the Institute for Ministry of Almaty reviewed the shotgun
and found that the shotgun’s sear mechanism had been altered after the incident and initial
government testing. An examination through high power magnification of the shotgun
mechanism indicated that the pins holding the mechanism in place had been filed. The
firearms expert opined that the alteration likely was performed by someone with a high
degree of knowledge of the functioning of the shotgun’s firing mechanism. The firearms
expert further said that, as a result of the alterations, the shotgun would now malfunction
and the bottom barrel could fire if the shotgun were struck against another object.

23. Tokmadi’s insistence on re-testing the shotgun in 2005 is reasonably explained
by Tokmadi’s apparent knowledge that alterations were made to the shotgun after the
incident and after initial government testing, so that the shotgun as altered would fire if
struck against another object. The reasonable explanation is further supported by
Tokmadi’s later on-air television interview admission that he paid bribes of US$20,000 to
an investigator in charge of the case and the statement by Kazakh officials that US$20,000
was paid to forensic experts. See also Paragraph 25, below.

24. Further, efforts were made to intimidate witnesses during the investigation.
Kozlikin stated that Tokmadi made several attempts to get him to accept responsibility for
the shooting during the official investigation. Kozlikin said that Tokmadi came to his home
and threatened him. As a result, Kozlikin left the country and relocated his family because
he feared for their lives.

D. Tokmadi’s Convictions for Tatishev’s Death

25. In 2007, Tokmadi was convicted of unintentionally killing Tatishev and was
sentenced to a year of prison. Subsequently, Tokmadi’s sentence was waived, and he did
not receive a term of imprisonment. In an on-air television interview, Tokmadi later stated
that he was able to gain a non-custodial sentence through bribery. He said US$20,000 was
paid to an investigator in charge of the case. Kazakh officials have stated that US$25,000
was paid to the judge through an assistant; US$20,000 was paid to forensic experts; and
finally, another US$20,000 was paid to a second judge, through an assistant, who was
reviewing the case on appeal. The US$85,000 in payments allegedly came from Ablyazov.

26. In a later proceeding in February 2018, Tokmadi admitted in open court and
under oath his guilt in the death of Tatishev. In March 2018, the Court sentenced Tokmadi
to 10 1⁄2 years in a maximum-security prison for murdering Tatishev.

27. During the 2018 proceeding, Tokmadi explained that he had come to know
Ablyazov, who had been the head of BTA Bank before Tatishev but was forced to leave this
position when Ablyazov was convicted of corruption charges and incarcerated.

28. Tokmadi said that Ablyazov claimed that Tatishev “cheated him” by taking his
stake in BTA Bank. Tokmadi said that Ablyazov was certain that by eliminating Tatishev,
Ablyazov would get back control of BTA Bank.

29. Tokmadi said that after extended discussions with Ablyazov, Tokmadi agreed to
kill Tatishev in expectation of various rewards, including a payment of US$4 million.

30. Tokmadi said that in the spring of 2004, he received a US$2 million payment
from Ablyazov as part of the inducement to kill Tatishev. Tokmadi said that Ablyazov
instructed that the killing of Tatishev should happen on a hunting trip and look like an
accident.

31. Tokmadi said that his opportunity to act on this agreement came during the
December 2004 hunting trip when he shot Tatishev with the shotgun.

32. Tokmadi said that after he shot Tatishev and while alone in the vehicle, Tokmadi
opened the shotgun, removed an expended shell and tossed it toward the front passenger
seat, intending to make the killing look like an accident.

33. Tokmadi previously had claimed that it was Kozlikin—not Tokmadi--who had
opened the shotgun.

34. Tokmadi also admitted that during the investigation of Tatishev’s death,
Tokmadi tried to blame Kozlikin for the fatal shot. Investigators accepted his story.
Tokmadi said that he thought the investigators were helping him, and that Ablyazov had
arranged for the investigators to be cooperative.

35. In May 2005, several months after Tatishev’s death, Ablyazov became Chairman
of the Board of Directors of BTA Bank.

36. Tokmadi said that he received an additional US$2 million in the summer of 2005
by a delivery to his home by people he did not know. Tokmadi said that used most of this
money to pay off a loan from BTA Bank but that he also used some of the money during the
judicial investigation of his case to pay a bribe to a law enforcement official to ensure that
the second forensic examination of the shotgun would produce results favorable to his
defense.

37. The killing of Tatishev enabled Ablyazov to become Chairman at BTA Bank and
ultimately perpetrate a monumental bank fraud. Ablyazov’s acts resulted in losses in the
billions of dollars. A large amount of the money generated by the fraud was laundered
through the United States banking system. Though Ablyazov has faced charges from several
tribunals in several countries, to date, Ablyazov has managed to elude justice.

38. Ablyazov has been charged and convicted in Kazakhstan, in absentia, of carrying
out more than US$6 billion in bank frauds between 2005 and 2009, during his tenure at
BTA Bank, and laundering the funds internationally after 2009.

E. Conclusion

39. Taken together and in totality, the facts set forth in this Affidavit and in the
relevant investigative records and data indicate that Tatishev’s murder was an orchestrated
act in furtherance of a broad criminal scheme to loot BTA Bank perpetrated by Tokmadi and
Ablyazov . This scheme included corruption of the investigative and trial process through
the bribery of police and court officials to subvert the criminal process against Tokmadi and
relieve Tokmadi from full accountability for the murder of Tatishev.

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is
true and correct. Executed this ___19th___ day of August, 2024.