Source: www.rucriminal.info
The website of Status Group, once the country's largest vodka producer (Staraya Marka, Kalina Krasnaya, Dobry Medved), has published the full text of the verdict of the Meshchansky District Court of Moscow to Nikolai Gordeev, the former head of OFK Bank PJSC. The first to draw attention to this was the Drunken Master Telegram channel, then RBC picked up the topic. With this sentence to eight years in a maximum security colony, the Meshchansky District Court of Moscow sentenced Nikolai Gordeev, the former president of the bankrupt United Financial Capital (OFK-Bank) bank. He was found guilty of abuse of power - the issuance of unsecured loans for almost 30 billion rubles. to enterprises controlled, among other things, by the beneficiary of OFK-Bank, the former head of Rosalkogolregulirovanie Igor Chuyan, who is also on the international wanted list. The court also satisfied the civil claim of the victims - the Deposit Insurance Agency (DIA) and the partner of the law firm Egorov Puginsky Afanasiev and Partners, classmate of President Vladimir Putin Nikolai Yegorov, who owned 25% of the shares of OFK Bank. The convict was ordered to pay them more than 10.5 billion rubles.
Rucriminal.info was interested in the verdict, the testimony of Egorov given in full. There are a lot of interesting things in them. In particular, he admits that two banks - CJSC Ami-Bank and CJSC Barentsyank (of which OFK-bank was created) - were bought by Yegorov for "the opportunity to keep his savings there." The total amount of Egorov's deposits in OFK amounted to $ 150 million.
“From the testimony of the victim Egorov ND, including those read out in
court session in the order of Part 3 of Art. 281 of the Code of Criminal Procedure of the Russian Federation, it follows that in 2005-2006 he
acquired from a previously familiar to him Kharebov S.A. 25% plus 1 shares of CJSC AMI-Bank and
Barentsbank CJSC at par. Kharebov S.A. was his partner in
business. Before the sale of his block of shares S.A. Kharebov. was the sole owner
Ami-Bank CJSC and Barentsyank CJSC. He (Egorov N.D.) considered the acquisition
shares in these banks as an asset, as well as the ability to keep your savings there.
By the time of his acquisition of a block of shares, Kharebov S.A. together with Karaya Z.B. owned
through controlled by them LLC "Extekh", LLC "LADIUS" and LLC "OXIRIA"
the remaining 75% of shares of CJSC AMI-Bank and CJSC Barentsbank. In 2011, Kharebov
S.A. and Karaya Z.B. told him that they intend to sell their stakes in banks and
go out of business, as they were in a difficult financial situation. Kharebov
S.A. I myself was looking for a buyer of bank shares, but could not find him. In this regard, Kharebov
S.A. asked him (N.D. Egorov) to help find the buyer of the blocks of shares, in connection with which he
(Egorov N.D.) began to ask his friends about applicants for the purchase of a package
shares. At the same time, his acquaintance Korelin V.V. during one of the conversations said
him that he has an acquaintance Chuyan I.P., who became interested in the possibility
buy shares of CJSC AMI-Bank and CJSC Barentsbank. Korelin V.V. also said that
Chuyan I.P. is the head of Rosalkogolregulirovanie. He (Egorov N.D.) was
is interested in his asset to work and the bank to develop, so he asked
Korelina V.V. introduce him to I.P. Chuyan. to discuss the deal. Korelin V.V.
after a while, I brought Chuyan I.P. to his house for a conversation on the issue
purchase of shares. At the meeting, Chuyan I.P. told him he was interested in buying
shares of CJSC "AMI-Bank" and CJSC "Barentsbank" from S.A. Kharebov Chuyan I.P. told him
(To Egorov N.D.) that he owns an alcohol distribution business, which he heads
controlled by him LLC "Zolotaya Manufaktura". Chuyan I.P. assured him (Egorova
N.D.) that his business is profitable and ready to serve his alcohol business
through CJSC AMI-Bank and CJSC Barentsbank, while developing the bank by
conducting commercial turnover through it and storing funds there. By
Chuyan I.P. the purchase of bank shares is considered by him as a portfolio
investment and being the head of Rosalkogolregulirovanie, intends to own them with
compliance with the current legislation on the state civil service.
Chuyan I.P. argued that his acquisition of shares in banks would not violate
legal requirements, since it does not create a conflict of interest for him. It
(Egorov N.D.) saw that Chuyan I.P. intends to develop CJSC "AMI-Bank" CJSC
"Barentsbank" through the development of its alcohol business, so they are with it
agreed that he would acquire from S.A. Kharebov. and Karaya Z.B. block of shares
banks in the amount of 75%. By September 2011, he (Egorova N.D.) and Chuyan I.P. were
reached an agreement in principle on the acquisition by him of blocks of shares in CJSC
AMI-Bank and Barentsbank CJSC in the amount of 75%. Moreover, taking into account the existing
at that time, the structure of bank ownership on the recommendation of lawyers, he (Egorov N.D.)
had to first buy out the shares of S.A. Kharebov. and Karaya Z.B., and then sell shares
Chuyanu I.P. In September 2011 at one of the meetings Chuyan I.P. told him (Egorov
N.D.), that he needs to deliver to CJSC "AMI-Bank" by the chairman of the board of his
person. He (Egorov N.D.) told him that the current chairman of the board
copes well with his duties and you can leave him in this position.
Chuyan I.P. insisted that the chairman of the bank's board should be his
person, because he owns a controlling stake in the bank. He (Egorov N.D.) is not
began to object to Chuyan I.P., but they agreed with him to achieve parity that
the chairman of the board of directors of the bank will be his (N.D. Yegorova) person. Chuyan I.P.
said that he has an acquaintance Gordeev N.N., whom he sees at the post
chairman of the board. He (Egorova N.D.) had doubts about the candidacy,
in this connection, he clarified with Chuyan I.P., whether he is sure of the reliability and
professionalism Gordeeva N.N. Chuyan I.P. assured him that he had already worked with Gordeev
N.N. knows him well both from a personal and professional point of view. After
this, Chuyan I.P. insisted on bringing N.N. Gordeeva. to his house so that they
met in person. He (Egorov N.D.) did not insist on this, but Chuyan I.P. does not matter
after a while Gordeeva N.N. brought him to his home. Their first meeting with N.N. Gordeev. took place at his (Egorova N.D.) home in the presence of I.P. Chuyan. Chuyan I.P.
introduced him to N.N. Gordeeva. as your confidant, a high-class specialist,
which will be able to make the Bank one of the market leaders. At the meeting Gordeev N.N. assured him of
that he has sufficient experience and professional qualities to develop
bank. Gordeev N.N. brought and showed him (Egorov N.D.) the bank development schemes. IN
As a result, he (Egorov N.D.) agreed with I.P. Chuyan. and the candidacy of N.N. Gordeev. on the
the position of the chairman of the board of CJSC AMI-Bank. First, Gordeev N.N. by
at the insistence of Chuyan I.P. was appointed First Deputy Chairman of the Management Board
CJSC "AMI-Bank", and then in January 2012 took the position of chairman of the board
of this bank Since the end of 2011 and during 2012, a number of transactions related to
exit Kharebov S.A. and Karaya Z.B. from the shareholders of CJSC "AMI-Bank" and
purchase of a block of shares in the amount of 75% by I.P. Chuyan. Package purchase scheme
He (N.D. Yegorov) does not remember the bank's shares, but in the end Chuyan I.P. acquired LLC
Exttech, LADIUS LLC, OXIRIA LLC, Tandem-Standard LLC,
who own 75% of the bank's shares, that is, became the owner of this block of shares
minus 1 share. He (Egorov N.D.) continued to own blocks of shares in the amount of 25% plus
1 share. In 2012, at one of the meetings, Chuyan I.P. and Gordeev N.N. offered him
enlarge CJSC AMI-Bank by joining CJSC Barentsbank,
explaining that the consolidation of the bank will only benefit its development. He (Egorov
N.D.) did not object, because he was interested in preserving and developing
their assets. After that, during 2012, CJSC "AMI-Bank" joined
Barentsbank CJSC, the merged bank, was renamed into OFK Bank OJSC. IN
his joint bank with Chuyan I.P. shares remained the same: 25% plus 1 share
belonged to him (Egorov N.D.) and 75% minus 1 share belonged to I.P. Chuyan. through
legal entities controlled by him. This ownership structure existed
unchanged until about 2013-2014. In 2013-2014, when meeting with him
(Egorova N.D.) at the house of Chuyan I.P. told him that he intends to sell his stake in
in the amount of 25% plus 1 share to Gordeev N.N. The cost of the package under the transaction was
about 240 million rubles. Then he (Egorov N.D.) took this news positively,
as he believed that the ownership of the bank's shares would be an additional
motivation for Gordeev N.N., but with him (Egorov N.D.) no one
agreed, Chuyan I.P. presented with a fact. Sometime after
purchases Gordeev N.N. reissued about 10% of shares to his subordinates Ablogin
AL. and Fokina R.S. Gordeev N.N. explained this by the fact that he could not confirm
To the Central Bank of Russia the level of income required to acquire all
package of shares. As far as he knows from N.N. Gordeev, A.L. Ablogin. and Fokin R.S.
were nominee shareholders and owned shares in it, N.N. Gordeeva
interests. At first he was surprised where Gordeev N.N. found such a large
the amount for the purchase of shares, but then he (Egorov N.D.) did not give this a serious
significance, since these were the cases of Chuyan I.P. and Gordeeva N.N. However, later, during
inspections carried out by Alvarez & Marsal CIES LLP and LLC
"KPMG Taxes and Consulting", it turned out that for the purchase of shares N.N.
used the bank's money, that is, in fact, illegally seized, stole the bank's money and
bought shares on them. In 2012, he (Egorov N.D.) took the position
Chairman of the Board of Directors of the bank. He did not have a suitable candidate for this
position in the bank, so he decided to take it himself. He counted on that in this
positions will control the financial and economic activities of the bank. It held the specified position before the suspension of the powers of the governing bodies
Bank on March 21, 2018. He (Egorov N.D.) never dealt with operational
management of financial and economic activities of the bank. Its powers and scope
the information provided to him was limited by legislation on
joint stock companies, the Charter and the Regulation on the Board of Directors of the bank. Interests
Chuyana I.P. represented by G.A. Sokolovskaya, A.A. Prokofiev. and Gordeev N.N. So
Thus, Chuyan I.P. there was an absolute majority as at general meetings
shareholders of the bank and the Board of Directors. Until 2015, the Board of Directors also
included V.V. Kurilov, K.V. Korelin. (represented the interests of V.V. Korelin, who
through a legal entity owned 2% of the bank's shares), Fokin R.S. The bank acted
collegial executive body - the Management Board, which, in addition to Gordeev
N.N. included Ablogin A.L., Zharkov D.L., Bolotov L.A., Fokin R.S. At the moment
acquisition by Chuyan I.P. the block of shares in the bank and the appointment of N.N. Gordeev
President and Chairman of the Management Board of PJSC OFK Bank, he (Egorov ND) placed
in this bank deposits in the amount of about 150 million US dollars, they were issued
to the offshore "Fabel", then re-registered to the Russian legal entity "Apex
South ”,“ Axis Investments ”. He (Egorov ND) periodically replenished these deposits. Before
In 2016, he was fully confident that the bank was successfully growing and developing.
According to the bank's financial statements, ready-made reports and other documents,
which Gordeev N.N. provided to the Board of Directors, the bank was profitable and
had good financial performance. This was also evidenced by the positive
the auditor's reports, which confirmed the compliance with the presented
Gordeev N.N. accounting (financial) statements to the actual state
bank. From Gordeev M.M. he (Egorov N.D.) learned that a significant
some of the bank's clients are producers and sellers of alcoholic beverages.
However, he was not interested, since it was not within his competence, he
completely trusted N.N. Gordeev. and the bank management subordinate to him. In the end
2015 - the first half of 2016 appeared in the media publications that the bank is actively buying up fish enterprises in the territory Leningrad, Kaluga and Kaliningrad regions of Russia at the expense of attracted at the financing bank. He (Egorov N.D.) asked Gordeev N.N. comment on publication data, but he stated that the information in the media incorrect and that the fish farms belong to one of the bank's clients. In May 2016, information appeared in the media that the Federal Tax Service Russia filed claims against PJSC OFK Bank in the amount of about 7 billion rubles in connection with bank guarantees issued to a number of alcoholic beverage producers products on the territory of the Kabardino-Balkarian Republic and the Republic of North Ossetia - Alania.
At the meeting of the Bank's Board of Directors held on May 26, 2016
years in St. Petersburg, N.N. Gordeev reported on the situation with banking
guarantees issued to producers of alcoholic beverages. According to him in
During 2015, in order to develop the operational activities of Status Group LLC, the bank issued bank guarantees for exemption from the advance payment of excise tax to alcohol producers.
products located on the territory of the Kabardino-Balkarian Republic and
Republic of North Ossetia - Alania: LLC "ALKO-Light", LLC "Antares", LLC
Atlantis, Hermes-Nika LLC, Pravoberezhny Distillery LLC, Mineral LLC
plus ", LLC" Onyx ", LLC" Orion ", LLC" Rakurs ", LLC" Chegemsky
Vinpisheprom ”, LLC“ Everest ”, LLC“ Distillery Maisky ”and LLC“ Distillery Rus-Alka ”. By
the terms of the bank guarantees, the principals were exempted from paying the advance
payment of excise tax, the guarantor for these guarantees was LLC "Status-Group". IN
during 2015 tax audits were carried out in respect of the principals and
decisions were made on bringing to tax liability and additional charges were made
arrears on excise taxes for the sale of vodka products. Due to the fact that
the principals did not pay the tax on time, in March-May 2016 the tax authority
filed a claim to the bank for the payment of funds under bank guarantees for
the amount of 7.3 billion rubles. Received information about bank guarantees, along with
previously published information about the fishing business, lack of intelligible
explanations from the side of N.N. Gordeev caused him (Egorov N.D.) a serious
concern. In order to obtain objective information about the real
the state of affairs in the bank, on his initiative, an external financial
consultant company "Alvarez & Marsal CIES DLNP". In connection with
by the above, he (Egorov N.D.) demanded from Gordeev N.G. provide the Council
directors for more complete information about the company LLC "Status-Group". Gordeev N.N.
at first he only said that Status-Group LLC is one of the major clients
bank. However, he later admitted that the beneficial owner of Status Group LLC is I am Chuyan I.P. He (Egorov N.D.) met with Chuyan I.P. and demanded
explanations from him. Chuyan I.P. admitted that Status-Group LLC and a number of other
alcohol companies - the bank's clients belong to him, and he (Chuyan I.P.) is their
beneficial owner. At the same time, he replaced the LLC that previously belonged to him.
"Golden Manufactory" at Status-Group LLC. Chuyan I.P. assured him (Egorova N.D.),
that OOO "Status-Group" and other alcohol companies belonging to it
work legally, and that he himself does not violate the legislation on state
service, since it is not engaged in the operational management of the business, that is
entrepreneurial activity. Also Chuyan I.P. explained that he was working on
attracting additional investments to the bank. After that, he began to find out
why transactions with Status-Group LLC and other alcoholic companies in Chuyan
I.P. were not submitted for approval as an interested party transaction. It turned out that in
due to the fact that the shares of the bank and shares in the authorized capital of LLC "Status-Group" and
other companies Chuyana I.P. owns indirectly, through third parties, in connection with which
on the formal grounds of the bank's transaction with Status-Group LLC and others
companies Chuyana I.P. did not require approval as an interested party transaction.
Then for him (Egorova N.D.) it became obvious that Chuyan I.P. actually uses
Bank to finance its alcohol business. And he does it at the expense of him
deposits, without investing in the bank and its development, and without developing it,
despite our agreements with him. The revealed situation caused him
serious concern, since he (Egorov N.D.) was not only a shareholder, but also
one of the largest depositors of the Bank, the total amount of the deposit was about 150
million US dollars ".
To be continued
Arseny Dronov
Source: www.rucriminal.info
