rucriminal.info continues a series of articles about American revelations of Kazakh oligarch Kenes Rakishev. We present the hearing materials in the US court where the claim of the chairman of the board of directors of BTA Bank Kenes Rakishev to the former owner of the bank Mukhtar Ablyazov, the former head of the capital of Kazakhstan Viktor Khrapunov and his son Ilyas Khrapunov was considered. At the disposal of rucriminal.info was a transcript of the interrogation of Kenes Rakishev, during which his questions were driven to an impasse and he was forced to disclose the secrets of the Kazakh elite. From the fourth publication, readers will be able to see how during the hearings Rakishev leads to two extremely painful subjects for him. The first one is about his relations with the son-in-law of Nursultan Nazarbayev Timur Kulibayev. There is an opinion that the owners of all assets allegedly owned by Rakishev are in reality Kulibayev and other people from Nazarbaev's closest circle. All the questions about Timur in the American court cause Kenes to panic. With great difficulty, under the pressure of lawyers, he recognizes the fact that Kulibayev is his close business partner. And when Rakisheva is asked to buy him real estate for Kulibayev (count for the Nazarbayev family) in London, he panics.
When at the trial in the US went to the second topic, then Kenes and his defenders began literally hysterical. After all, he was tried for a long time to "press against the wall" the fact that Rakishev, at the request of Talant Muratbaev (advisor to the head of the KNB), bought valuable gifts for the head of the KNB, Karim Masimov. And during the interrogation Rakishev was so afraid to lie (he was repeatedly warned that he was under oath) that Kenes had actually handed over the head of state security of Kazakhstan.
Videographer: We turned off the recording. The time now is 06:45 PM
(Luncheon Notch taken at 12:53 pm)
(Viewed: 2:09 hours)
The interrogation of Rakishev resumed.
Videographer: Now we turn on the recording. The time is 2:09 pm
The beginning of DVD № 3.
Question Good afternoon, Mr. Rakishev, do you understand that you are still under oath?
Q- Mr. Rakishev, do you hold any position in Kazkombank?
R. No, not now.
Q. When were you in the leadership position at Kazkom Bank?
R. Do you mean Kazkommertsbank?
Question: No, it is not. Let me rephrase. Is Kazkom Bank a new name for Kazkommertsbank?
Q. Have you ever been in the leadership position at Kazkombank while he was called Kazkommertsbank?
Q. When did the name change?
R. In 2016.
Q. Has Kazkombank or Kazkommertsbank received an urgent loan from the government of Kazakhstan?
R. Yes, it was.
Q. When was it?
Approximately at the end of 2016.
Q. Is this the only time Kazkommertsbank or KazkomBank received loans from the government of Kazakhstan?
R. I do not know the whole history of this bank. He has been in business for more than 20 years. I can only tell you during the time when I was the chairman of the board of directors, and this was the end of 2016.
Q. I understand, thank you. Do you have any property rights in Halyk Bank?
Q. Do you know who owns Halyk Bank?
R. This is public information, open information.
Q. Who owns the People's Bank?
R. There are more than 70,000 shareholders there. It is a public company that is traded on the London Stock Exchange.
Q Do you know who is the main shareholder of Halyk Bank?
R. This is public information. You can read about it on the Internet
Q. Mr. Rakishev, do you know who is the majority shareholder of Halyk Bank?
MISTER. SCHWARTZ: Objection.
R. There are many companies. For example, such as the company Almex (phonetically), as well as the Unified National Pension Fund. These are just two names from a large number of shareholders. There are many shares in free circulation.
V. Timur Kulibayev (phonetically) the owner of the People's Bank?
MISTER. SCHWARTZ: Objection.
R. You can find it everywhere, it's everywhere is written. This does not mean that someone wants to hide this information.
Question: I understand this Mr. Rakishev, but I asked if you know that Timur Kulibayev is the owner of Halyk Bank?
Q. Do you know what percentage of Halyk Bank Timur Kulibayev owns?
R. No, I do not know for sure.
Q. Can it be approximately?
R. I believe that this is a controlling stake, but I can be wrong.
Q. Timur Kulibayev is the son-in-law of President Nazarbaev, is this correct?
R. This information is also open to the public, everyone knows about this and I including.
Q. Is it right that Timur Kulibayev is Nazarbayev's son-in-law?
Q. Have you ever had business with Timur Kulibayev?
Q. What kind of business did you own along with Timur Kulibayev?
R. At the moment I can not tell you the exact types of business we were involved in, but of course we did business together, yes that's right.
Q. Have you ever bought a house together with Timur Kulibayev?
Q. Have you ever bought a property in London for Timur Kulibayev?
Q. Mr. Rakishev, I want to very briefly go through some of your other business partners, if it is normal.
MISTER. SCHWARTZ: Why?
R. Partners ...
Q- We will be very brief.
MISTER. SCHWARTZ: What does this matter for this case?
R. You ask, and I will try to answer you. I'll tell you, yes or no, but I do not understand why you ask this. Still do not understand. If this will be relevant to this particular case, I will be happy to respond.
Q. Do you run a company called Net Element?
Question: And what is Net Element?
R. This is a public company, it is traded on NASDAQ, the stock exchange.
Q. So what is this business?
E-commerce or electronic payments.
Q: How long have you been running Net Element?
R. Since 2012. I would like to emphasize that this is a public company, the headquarters is located in the United States, and I am the chairman of the board of directors and this information is open and we work according to all SEC rules. If you are going to ask me any specific questions about the activities of this company, I will have to ask the advice of lawyers, lawyers who represent this company. Do I have the right or permission to answer any questions related to this company.
Q. Mr. Rakishev, do you know who Talent Muratbayev is?
R. Can you accurately name this name?
Q. The first name is TALENT, and the second name is Muratbayev.
R. Yes, I've heard of such a person.
Question: Have you ever spoken to Mr. Muratbaev?
Question: Who is Mr. Muratbaev?
R. At the moment I do not know what position he takes, but at the time when I met him and had a conversation with him, he worked for the government.
Q. Did he work for Karim Masima (phonetically)?
R. Most likely.
Question: Have you ever exchanged e-mails with Mr. Muratbaev?
R. If you tell me what this has to do with the case under consideration, I will be happy to respond.
Q. Again, Mr. Rakishev, I just ask you to answer my questions. Have you ever exchanged e-mails with Mr. Muratbaev?
MISTER. SCHWARTZ: Objection.
R. You explain to me if you know, because I really do not understand what this is or what Talent Muratbaev is doing to this particular case. The only thing I can tell you for sure is that I never sent him any letters relating to this particular case. I never, never sent him e-mails that will be relevant to my activities in BTA Bank or in any other organizations or legal entities. Quite possibly, I could send him a letter about some of the particular issues that I had, but nothing that could be related to my professional work.
Q. Let me divide this into two questions. Do you ever receive emails from Mr. Muratbaev related to Mr. Ablyazov or Khrapunovs?
R. I can not tell you right now. I cant remember. Most likely not, but as I said, I do not have any access to my email account since 2014.
Question: You mentioned a moment ago that you could send e - mails to Mr. Muratbaev concerning private matters. These particular issues relate to Mr. Ablyazov or Khrapunovs?
MISTER. SCHWARTZ: No
R. I can answer your question: neither Mr. Ablyazov nor Mr. Khrapunov has anything to do with my personal affairs or my personal life.
Question: Is it true that Mr. Muratbaev asked you to buy gifts for Mr. Masima?MISTER. SCHWARTZ: Objection. What should I do with this? What does this have to do with our case?
MISTER. Curly: And this shows the connection between the government of Kazakhstan and BTA, and, you know, then our theory is correct.
MISTER. SCHWARTZ: I know what your theory is, this form of protection. But this does not mean that you have a free license to ask a significant businessman about every potential interaction with someone, direct or indirect, with someone connected with the government.
MISTER. Kinney: So you mind, do not you?
MISTER. SCHWARTZ: I do not accept such questions.
MISTER. Kinney: Let's go on.
Question: Mr. Rakishev, did Mr. Muratbaev ever ask you to buy gifts for Karim Masima?
MISTER. SCHWARTZ: Objection.
MISTER. Kinney: The federal order determines the protective order. If you are going to tell the witness so that he does not answer, tell him not to answer.
MISTER. Kinney: You have an objection. Let's move on.
R. Let's move on.
Q. So Mr. Muratbaev asked you to buy gifts for Mr. Masima?
MISTER. SCHWARTZ: Also an objection.
R. I think you should ask Mr. Muratbaev about this.
Q. I ask you, did Mr. Muratbaev ever ask you to buy gifts for Mr. Masima?
MISTER. SCHWARTZ: Objection. If you can not formulate something that is understandable, then this is subject to the order of Judge Parker.
MISTER. Kinney: You must tell the witness not to answer or answer
MISTER. SCHWARTZ: I refer to the order of the court.
MISTER. Kinney: All right. Let's get an answer.
MISTER. SCHWARTZ: This is our answer.
MISTER. Kinney: It's pointless.
R. As I understand, we have a court order and we do not have to answer any questions that are irrelevant.
MISTER. Kinney: There's no such order.
MISTER. SCHWARTZ: Do we take orders or postpone?
MISTER. Kinney: I'm trying to help. If you do not want to answer the question, get the judge's good by phone.
MISTER. SCHWARTZ: Do you want to call Judge Parker?
MISTER. Kinney: You're a lawyer. You can tell the guy not to answer. You did not do this, so let's move on and get answers to the questions.
R: I'll listen to my lawyer.
MISTER. Kinney: All right.
Question: Mr. Rakishev, Mr. Muratbaeva asked you to buy gifts for Mr. Masima?
MISTER. SCHWARTZ: Objection. If you do not want to make moves that fall within the scope of Judge Parker.
MISTER. Kinney: All right. Objection noted. Now let's get an answer.
MISTER. SCHWARTZ: He gave his answer several times.
MISTER. Kinney: He did not answer the question.
R. My answer, you should ask Mr. Muratbaev about this. So ask Mr. Muratbaev. I do not understand why you are asking me this question.
MR Curley: Let the recording show Mr. Schwartz raised his hands, stopping Mr. Rakishev.
Question: Mr. Rakishev, Mr. Muratbaev never asked you to buy gifts for Mr. Masima?
MISTER. SCHWARTZ: Objection. You must move away from this line of questions.
Question: Who is Mr. Masima?
R. He is a politician in Kazakhstan.
Q. What position does it occupy?
R. This is public information.
Q. What is his current position in Kazakhstan?
R. As far as I know, from open sources, at present he is the head of KMB.
Question: Is he the director of the State Security Committee?
R. I believe that we are talking about some things - KMB is only an abbreviation of the National Security Committee.
Q: Thank you for this clarification.
To be continued