US. Department of Justice
Attemey—Werleproeluetflz- '-

Foresman, at the end of an early December 2016 meeting with incoming National Security Advisor
Michael Flynn and his designated deputy (K.T. McFarland) in New York, Flynn asked Foresman
for his thoughts on Kislyak. Foresman had not met Kislyak but told Flynn that, while Kislyak was
an important person, Kislyak did not have a direct line to Putin.1132 Foresman subsequently
traveled to Moscow, inquired of a source he believed to be close to Putin, and heard back from
that source that Ushakov would be the official channel for the incoming US. national security
advisor.1133 Foresman acknowledged that Flynn had not asked him to undertake that inquiry in
Russia but told the Office that he nonetheless felt obligated to report the information back to Flynn,
and that he worked to get a face-to-face meeting with Flynn in January 2017 so that he could do
so.1134 Email correspondence suggests that the meeting ultimately went forward,1135 but Flynn has
no recollection of it or of the earlier December meeting.1136 (The investigation did not identify
evidence of Flynn or Kushner meeting with Ushakov after being given his name.”37)

In the meantime, although he had already formed the impression that Kislyak was not
necessarily the right point of contact,1138 Kushner went forward with the meeting that Kislyak had
requested on November 16. It took place at Trump Tower on November 30, 2016.1139 At
Kushner’s invitation, Flynn also attended; Bannon was invited but did not attend.1140 During the
meeting, which lasted approximately 30 minutes, Kushner expressed a desire on the part of the
incoming Administration to start afresh with U.S.-Russian relations.1141 Kushner also asked
Kislyak to identify the best person (whether Kislyak or someone else) with whom to direct future
discussions—someone who had contact with Putin and the ability to speak for him.1142

The three men also discussed US. policy toward Syria, and Kislyak floated the idea of
having Russian generals brief the Transition Team on the topic using a secure communications
line.1143 After Flynn explained that there was no secure line in the Transition Team offices,

”32 Foresman10/17/18 302, at 17.
”33 Foresman10/17/18 302, at 17-18.
”34 Foresman 10/17/18 302, at 18.

”35 RMF-SCO-00000015 (1/5/17 Email, Foresman to Atencio & Flaherty); RMF-SCO—OOOOOOlS
(1/5/17 Email, Flaherty to Foresman & Atencio).

”36 9/26/18 Attorney Proffer from Covington & Burling LLP (reflected in email on file with the

”37 Vargas 4/4/18 302, at 5.

”38 Kushner 11/1/17 302, at 4.

”39 AKIN_GUMP#BERKOWITZ_OOOOO16-019 (11/29/16 Email, Vargas to Kuznetsov).
”40 Flynn 1/11/18 302, at 2; NOSOOOO4240 (Calendar Invite, Vargas to Kushner & Flynn).
11“ Kushner Stmt. at 61

”42 Kushner Stmt. at 6; Kushner 4/11/18 302, at 18.

”43 Kushner Stmt. at 7; Kushner 4/11/18 302, at 18; Flynn 1/11/18 302, at 2.


U. S. Department of Justice
Atterney—WerlePreel-uet // WWW-WWW

Kushner asked Kislyak if they could communicate using secure facilities at the Russian
Embassy.I ”’4 Kislyak quickly rejected that idea.1145

4. Jared Kushner’s Meeting with Sergev Gorkov

On December 6, 2016, the Russian Embassy reached out to Kushner’s assistant to set up a
second meeting between Kislyak and Kushner.1146 Kushner declined several proposed meeting
dates, but Kushner’s assistant indicated that Kislyak was very insistent about securing a second
meeting. ”47 Kushner told the Office that he did not want to take another meeting because he had
already decided Kislyak was not the right channel for him to communicate with Russia, so he
arranged to have one of h1s assistants, Avi Berkowitz meet with Kislyak In his stead.1148 Although
embassy official Sergey Kuznetsov wrote to Berkowitz that Kislyak thought it‘ ‘important” to
“continue the conversation with Mr. Kushner in person,”1149 Kislyak nonetheless agreed to meet
instead with Berkowitz once it became apparent that Kushner was unlikely to take a meeting.

Berkowitz met with Kislyak on December 12, 2016, at Trump Tower.1150 The meeting
lasted only a few minutes, during which Kislyak indicated that he wanted Kushner to meet
someone who had a direct line to Putin: Sergey Gorkov, the head of the Russian-government-
owned bank Vnesheconombank (VEB).

Kushner agreed to meet with Gorkovdm The one-on—one meeting took place the next day,
December 13, 2016, at the Colony Capital building in Manhattan, where Kushner had previously
scheduled meetings.1152 VEB was (and is) the subject of Department of Treasury economic
sanctions imposed in response to Russia’s annexation of Crimea.1153 Kushner did not, however,
recall any discussion during his meeting with Gorkov about the sanctions against VEB or sanctions
more generally.1154 Kushner stated in an interview that he did not engage in any preparation for

“44 Kushner 4/11/18 302, at 18.
”45 Kushner 4/11/18 302, at 18.
“46 Kushner Stmt. at 7; NOSC00000123 (12/6/16 Email, Vargas to Kushner (12:1 1240 p.m.)).

“47 Kushner 4/11/18 302, at 19; NOSC00000130 (12/12/16 Email, Kushner to Vargas (10:41

”43 Kushner 4/11/18 302, at 19; Kushner Stmt. at 7; DJTFP_SCO_01442290 (12/6/16 Email,
Berkowitz to

"49 DJTFP_SCO_01442290 (12/7/16 Email— to Berkowitz (12:31:39 p.m.))i

“50 Berkowitz 1/12/18 302, at 7; AKIN_GUMP_BERKOWITZ_000001-04 (12/12/16 Text
Messages, Berkowitz & 202-701—8532).

”51 Kushner 4/11/18 302, at 19; NOSC00000130-135 (12/12/16 Email, Kushner to Berkowitz).
”52 Kushner 4/11/18 302, at 19; NOSC00000130-135 (12/12/16 Email, Kushner to Berkowitz).

”53 Announcement of Treasury Sanctions on Entities Within the Financial Services and Energy
Sectors of Russia, Against Arms or Related Materiel Entities, and those Undermining Ukraine’s
Sovereignty, United States Department of the Treasury (Jul. 16, 2014).

”54 Kushner 4/11/18 302, at 20‘


U.S. Department of Justice

the meeting and that no one on the Transition Team even did a Google search for
Gorkov’s name.“5

At the start of the meeting, Gorkov presented Kushner with two gifts: a painting and a bag
of soil from the town in Belarus where Kushner’s family originated.1156

The accounts from Kushner and Gorkov differ as to whether the meeting was diplomatic
or business in nature. Kushner told the Office that the meeting was diplomatic, with Gorkov
expressing disappointment with U.S.—Russia relations under President Obama and hopes for
improved relations with the incoming Administration.1 '57 According to Kushner, although Gorkov
told Kushner a little bit about his bank and made some statements about the Russian economy, the
two did not discuss Kushner’s companies or private business dealings of any kind.1158 (At the time
of the meeting, Kushner Companies had a debt obligation coming due on the building it owned at
666 Fifth Avenue, and there had been public reporting both about efforts to secure lending on the
property and possible conflicts of interest for Kushner arising out of his company’s borrowing
from foreign lenders.”59)

In contrast, in a 2017 public statement, VEB suggested Gorkov met with Kushner in
Kushner’s capacity as CEO of Kushner Companies for the purpose of discussing business, rather
than as part of a diplomatic effort. In particular, VEB characterized Gorkov’s meeting with
Kushner as part of a series of “roadshow meetings” with “representatives of major US banks and
business circles,” which included “negotiations” and discussion of the “most promising business
lines and sectors?“0

Foresman, the investment bank executive mentioned in Volume 1, Sections IV.A.1 and
IV.B.3, supra, told the Office that he met with Gorkov and VEB deputy chairman Nikolay
Tsekhomsky in Moscowjust before Gorkov left for New York to meet Kushner.1 ‘61 According to
Foresman, Gorkov and Tsekhomsky told him that they were traveling to New York to discuss post-
election issues with US. financial institutions, that their trip was sanctioned by Putin, and that they
would be reporting back to Putin upon their return.1162

”55 Kushner 4/ 11/ 18 302, at 19, Berkowitz, by contrast, stated to the Office that he had googled
Gorkov’s name and told Kushner that Gorkov appeared to be a banker. Berkowitz 1/ 12/ 18 302, at 8.

”56 Kushner 4/11/18 302, at 19—20,
”57 Kushner Stmt. at 8.
“58 Kushner Stmt. at 8.

“59 See, e.g., Peter Grant, Donald Trump Son—in-Law Jared Kushner Could Face His Own Conflict—
of—Interesl Questions, Wall Street Journal (Nov. 29, 2016).

”60 Patrick Reevell & Matthew Mosk, Russian Banker Sergey Gorkov Brushes nfl'Questions About
Meeting with Jared Kushner, ABC News (June 1, 2017),

“61 Foresman10/17/18 302, at 14-15.
”52 Foresman 10/17/18 302, at 15—16.


US Department of Justice
Atterney—Werk—Predue’é // May-Genfinn—Maéefial—Preteeted—U-nder—Fed—R—Gfim—P—éée)

The investigation did not resolve the apparent conflict in the accounts of Kushner and
Gorkov or determine whether the meeting was diplomatic in nature (as Kushner stated), focused
on business (as VEB’s public statement indicated), or whether it involved some combination of
those matters or other matters. Regardless, the investigation did not identify evidence that Kushner
and Gorkov engaged in any substantive follow-up after the meeting.

Rather, a few days after the meeting, Gorkov’s assistant texted Kushner’s assistant, “Hi,
please inform your side that the information about the meeting had a very positive response!”1163
Over the following weeks, the two assistants exchanged a handful of additional cordial texts.1164
On February 8, 2017, Gorkov’s assistant texted Kushner’s assistant (Berkowitz) to try to set up
another meeting, and followed up by text at least twice in the days that followed.1165 According
to Berkowitz, he did not respond to the meeting request in light of the press coverage regarding
the Russia investigation, and did not tell Kushner about the meeting request.1166

5. Petr Aven’s Outreach Efforts to the Transition Team

In December 2016, weeks after the one-on-one meeting with Putin described in Volume 1,
Section IV.B.1.b, supra, Petr Aven attended what he described as a separate “all—hands” oligarch
meeting between Putin and Russia’s most prominent businessmen.1167 As in Aven’s one-on-one
meeting, a main topic of discussion at the oligarch meeting in December 2016 was the prospect of
forthcoming US. economic sanctions.1168

After the December 2016 all-hands meeting, Aven tried to establish a connection to the
Trump team. Aven instructed Richard Burt to make contact with the incoming Trump
Administration. Burt was on the board of directors for LetterOne (L1), another company headed
by Aven, and had done work for Alfa—Bank.1169 Burt had previously served as US. ambassador
to Germany and Assistant Secretary of State for European and Canadian Affairs, and one of his
primary roles with Alfa-Bank and L1 was to facilitate introductions to business contacts in the
United States and other Western countries,1170

While at a L1 board meeting held in Luxembourg in late December 2016, Aven pulled Burt
aside and told him that he had spoken to someone high in the Russian government who expressed

”63 AKIN_GUMP#BERKOWITZ_0000011 (12/19/16 Text Message, Ivanchenko to Berkowitz
(9:56 am».

“64 AK1N_GUMP_BERKOWITZ_0000011»15 (12/19/16 2/16/ 17 Text Messages, Ivanchenko
& Berkowitz).

”65 AKIN_GUMPgBERKOWITZ_0000015 (2/8/17 Text Message, Ivanchenko to Berkowitz
(10:41 am».

”56 Berkowitz 3/22/18 302, at 4-5.

Aven 8/2/18 202, at v;—
1,,— Aven m 302, at 6.
" 7°— Aven 8/2/18 302, at 6; Burt 2/9/18 302, at 2.


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