Source: www.rucriminal.info
Russian judges have long been active participants in business processes, and therefore it can be assumed that it was the fruitful interaction of the Moscow Arbitration Court judge Yevgeny Pakhomov with professional bankruptcy lawyers that allowed MGIMO Vice-Rector Natalia Kuzmina to hide billions of rubles from the state and creditors.
We do not know what attracts millers and bakers to construction: a thirst for profit or adventure, but it always ends sadly for creditors and equity holders. The most famous case is the story of Igor Pinkevich, the owner of the Moscow Plant of Bread Products, the developer of the Tsaritsyno residential complex.
The story of the bankruptcy of OOO Khlebozavod No. 6, controlled by the family of Natalia Kuzmina, against which the Investigative Committee of the Russian Federation initiated criminal case No. 12102450042000289, the developer of the elite residential complex Knightsbridge Private Park, is less known, although no less scandalous. There are still fewer citizens affected by the clever and enterprising Kuzmin family, but at the same time, the amounts of the missing funds, and most importantly of the assets hidden from the state, are comparable.
The beginning of the scam is not the date of the start of the construction of the residential complex, in which the residents were promised heaven on earth, but March 2015, when Mosgosstroynadzor issued the developer a permit to commission residential buildings of the complex. Considering that at that time the facade work was not completed in the residential buildings, there were no entrance groups and windows on the 1st, 2nd, 6th, 7th floors, the finishing works of common areas were not completed, the improvement of the adjoining and intra-house territory did not even exist access roads to the house, then, perhaps, it is not difficult to guess that someone in Mosgosstroynadzor made good money on the issuance of this Permit.
However, the buyers of apartments, who paid a million rubles per square meter, are still not their own enemies, so they did not enter the unfinished apartments. The developer was able to transfer many apartments to the owners only after three years.
Domestic judicial practice shows that with a delay of one year, the owner of the apartment can receive it practically free of charge - the developer will return him almost all the money paid for the apartment with penalties. And then there is a delay of three whole years with the average cost of apartments up to half a billion rubles. This threatened the ‘Kuzmina and Sons’ company with a big disaster; the loss of a lot of money. Therefore, the family undergoing a criminal case decided on a managed bankruptcy, for which they invited professionals specializing in this, with a serious business reputation in accompanying bankruptcy procedures - the law office "Bartolius" (founding partners of JSB "Bartolius": Tai Yuliy Valerievich TIN 772126226500, Peregudov Ilya Valerievich INN 772151756893, Basistov Alexey Evgenievich, INN 773108962965, Provodin Dmitry Nikolaevich, INN 772801400209).
Note that until August 26, 2019, two organizations participated in the authorized capital of Khlebozavod No. 6 LLC: MITO OST LLC (99.9%) and Asme LLC (0.1%).
Natalya Kuzmina owned 49% of the share in the authorized capital of MITO OST LLC. The share belonging to her was managed by Aktiviti LLC, the head of which was and remains the aforementioned Ilya Peregudov (concurrently - General Director of Consulting Bureau Bartolius JSC). LLC "Asma" belonged to Kuzmina's son - Enver.
At the initial stage, when the construction was just beginning, the general director of Khlebozavod No. 6 was the second son of Kuzmina - Andrey, but in August 2016 he was replaced by the same Mr. Peregudov, and the developer company began to actively prepare for bankruptcy, which expressed in the mass withdrawal of assets. To imagine the scale, let's say that when Peregudov came to Khlebozavod No. 6, the company's assets were approximately 24.2 billion rubles, and as of 2019 - already less than 330 million rubles. In other words, in two years Peregudov withdrew 98% of the company's assets, only from the initial level.
But if we consider that the market price per square meter of apartments in a residential complex in the period from 2015 was not less than 1 million rubles, then only from the sale of residential premises, the proceeds of LLC Khlebozavod No. 6 should have amounted to at least 40 billion rubles.
However, even here Peregudov and Kuzmina found a way to outwit the creditors, among whom one of the main ones was the state, which had been deprived of taxes.
Based on extracts from the USRN, it can be concluded that in the period from 06/02/2015. until 09/02/2020 OOO Khlebozavod No. 6 owned 72 apartments (with a total area of 21,855.3 sq. M.), 535 parking spaces, storage rooms and other non-residential premises (with a total area of11,031.3 sq. M.) Associated with the scandalous residential complex. The total area of residential and non-residential premises was 32886.6 sq.m.
After Peregudov came to the "Khlebozavod No. 6" for the period from the end of 2016 to September 2020, the controlling persons of the debtor withdrew assets with a total area: apartments of 11,637.2 sq. and other premises (storage rooms, parking spaces) for 8055.2 sq.m. Moreover, in order to avoid taxes, a quite simple scheme was implemented: apartments and parking spaces for a song, and often without payment - in debt, were given to affiliated persons who, already as individuals, resold them to end customers. Among such buyers are the children of Kuzmina, Enver and Andrei, and her daughter Vasilisa got the building of the kindergarten, half of which she controls directly, and the other half through a certain Andrei Sachkov, her husband's partner. Vasilisa's spouse, Mikhail Malinovsky, also did not stand aside. Among the dummy buyers are all the members of JSB "Bartolius": Peregudov, Tai, Basistov, Provodin, who are also undergoing a criminal case. Even Igor Kuzmin, who acted as a receiver in the bankruptcy process.
Another part of the assets was transferred to companies controlled by Kuzmin and Peregudov. So, at LLC Pirrone, almost all of the remaining parking spaces and storage rooms were withdrawn in favor of affiliated individuals (D.N. Provodin, A.E. Basistov, A.V. Sachkov, D.A. Levin, etc. ) and organizations (LLC "Pirron", LLC "IB-invest", LLC "Stylian", LLC "Restoration N +", controlled respectively by Levin D.A., Sachkov A.V. and Kuzmina N.B.). Directly or in a chain, expensive apartments and receivables were withdrawn, and in the process of monitoring at a reduced price in favor of LLC Stylian, affiliated with the Kuzmins, the building of a sports and recreation complex was sold.
When the withdrawal of assets ended by mid-2019, instead of the Kuzmins' MITO OST LLC and Asme LLC, the only owner of Khlebozavod No. 6 LLC was Aktiviti LLC, controlled by Peregudov. And he himself as the general director of the LLC is replaced by a certain Yuri Zhurin, who obviously earns by portraying the Zits-chairman of the Pound, holding a similar position in several other organizations preparing for bankruptcy. Just like the aforementioned Igor Kuzmin, who was chosen by Peregudov as the bankruptcy administrator, repeatedly participated in this status in managed bankruptcies, for violations in which he was even brought to justice.
And then it's time to recall the judge of the Moscow Arbitration Court Yevgeny Pakhomov, who led the process of the fictitious bankruptcy of Khlebozavod No. 6, controlled by Peregudov and Kuzmina, without noticing any documents that showed that debtors openly deceive creditors and the state, and in the end, allowing them to conclude an amicable agreement with themselves that no one owes anything to anyone.
Meanwhile, experts argue that the actions of Peregudov, Kuzmina and other persons controlling the debtor, as well as the actions of an arbitration manager approved by the court, who did not in any way interfere with the establishment of artificial debt in the register, and possibly Judge Pakhomov, who carefully did not notice the fictitiousness of bankruptcy, fall under signs of a crime, the responsibility for the commission of which is provided for by Art. 196 of the Criminal Code of the Russian Federation, since as a result of these actions, damage was caused to creditors who had lost the ability to recover the debt from OOO Khlebozavod No. 6. But this is now being dealt with by the Investigative Committee of the Russian Federation, which opened a criminal case against the management and control of OOO Khlebozavod No. 6.
To be continued
Denis Zhirnov
Source: www.rucriminal.info
