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Reason
Reason
Politics
Eugene Volokh

Alleged Panama Papers Leaker Still May Not Sue in Federal Court While Hiding His Name from the Court

From Doe v. Federal Republic of Germany, decided yesterday by Magistrate Judge Gary Stein (S.D.N.Y.):

In brief, Plaintiff, the individual who allegedly leaked the "Panama Papers," claims that Defendants, the Federal Republic of Germany ("Germany") and the Bundeskriminalamt of Germany ("BKA"), failed to pay sums due under a contract whereby Plaintiff provided them with access to the Panama Papers for use in identifying tax fraud and other financial offenses.

In addition to allegations regarding Defendants' purported breach of contract, Plaintiff, in his Complaint and other filings, raises concerns for his safety if his identity were to become public. Plaintiff avers that should his identity become known, his "life would be in immediate peril" and he "would likely be killed." Plaintiff specifically references a 2017 docudrama aired by Russian news channel RT, which he calls "an explicit and credible death threat" against him.

In a motion filed simultaneously with the Complaint, Plaintiff explains that the Russian Federation, Chinese Communist Party, and Saudi government—the leaders of which were implicated by the Panama Papers leak—"are known for their repressive regimes," including "extralegal murders and kidnappings." Plaintiff references several instances of alleged extralegal violence undertaken by Russia, China, and Saudi Arabia on foreign soil (none of which were connected to the Panama Papers), as well as the murders of a Maltese and a Slovak journalist who exposed official corruption in their countries (who allegedly did make use of the Panama Papers). From these assertions, Plaintiff concludes that "[i]t is likely [he] would be treated in similar fashion by such state actors." He avers, based on the Russian docudrama, that "President Putin wants [him] dead." Plaintiff further maintains that "identification of [his] true identity would immediately expose dozens of individuals to likely physical harm."

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