Source: www.rucriminal.info
rucriminal.info continues a series of articles about the American testimony of Kazakh oligarch Kenes Rakishev. They were voiced by Rakishev in the US court, where the lawsuit of BTA Bank was examined against the former owner of the bank Mukhtar Ablyazov, the former head of the capital of Kazakhstan Viktor Khrapunov and his son Ilyas Khrapunov. The lawyers of the latter tried to prove at the trial that Rakishev was only the nominal owner of BTA Bank. In reality, the bank is controlled by people from the "top" of Kazakhstan and these people are behind the persecution of Ablyazovan and Khrapunovs. The names of these people from the "top", with whom Rakishev personally communicates, were voiced. Kenes himself confirmed the fact of close communication directly with them or their representatives. This is the head of the KNB Karim Masimov, the son-in-law of the head of Kazakhstan Timur Kulibayev and personally Nursultan Nazarbayev. All these names are in the records of the interrogation of Rakishev, a certified copy of which was at the disposal of rucriminal.info. And when the defendants' lawyers began to ask questions about the specific activities of the BTA Bank, in which Rakishev was the chairman of the board of directors at the time of the interrogation, he clearly "swam". He could not answer questions about BTA's counterparties, the bank's agreements, in which countries he conducts litigation, etc. An interesting chairman of the board of directors who knows nothing at all about the bank, where he is still the main owner. rucriminal.info publishes a transcript of this part of the interrogation.
Q. You testified this morning that BTA has litigations in various countries. What are they?
Rakishev (R). Europe, America, Asia.
Q. This is the mainland. Which countries?
R. Many countries. Again, since I'm not a lawyer, I do not know all the cases, but I know some things, I know that this issue is being examined in London, in Ukraine, and I'm sitting here right now, so in the United States of America. I'm just afraid to list all countries, because I can skip or forget the country, but it turns out that I did not name. Therefore, it is much better to ask lawyers about this, they will know for sure in which countries.
Question: I do not think that Mr. Schwartz will allow me to ask him about this, although ...
R. Well, I actually meant the lawyers of BTA Bank. I believe that Nulan Nurgabylov will answer all these questions.
Q. I want to try and understand, you are aware of the matter ...
MISTER. SCHWARTZ: What's really important?
R . I understand that I can say something. But let me give you such an illustration. Does your boss know the details of the case that you are doing right now?
MISTER. SCHWARTZ: Managing partner of the firm.
Question: I'm just trying to understand what you know.
R. I know, but I asked a question. Because it looks ... Not that I do not want to talk .. In fact, it's not my prerogative to know the exact number of countries. I dont know. I know that we have something in Europe, we have something in the States, we have something in Russia, but certainly an exact number of countries, you should ask BTA to officially send the letter, and we'll tell you everything.
Q. Do you know where in Europe BTA has its own legal proceedings?
R. Again, this is the same question. I do not know for sure. I know that in England, that's for sure.
Q. Do you know of any place other than England?
R. Russia.
Q. Where else, except England, Russia, Ukraine and the United States?
R. Kazakhstan, Ukraine, the United States, Russia, there is something else, but I can not tell you right now, because I do not remember, or I do not know.
Q. Correctly I understand that you spoke with the Russian authorities in connection with the proceedings in Russia?
MISTER. SCHWARTZ: Objection.
R. What do you mean by the word of power? If you mean law enforcement, yes; power, no.
Q. Can you describe how your conversations with the Russian law enforcement authorities took place regarding the legal process in Russia?
MISTER. SCHWARTZ: Objection.
R. As I mentioned earlier, BTA Bank is a victim or victim. We asked all countries, including Russia, in particular law enforcement agencies, to help in the solution.
Question: Did you personally speak with law enforcement agencies in any country, except Russia, regarding Mr. Ablyazov?
R. No, maybe in Kazakhstan and Russia, that's all.
Question No. 1 Telford Financiers; No. 2, Telford International and; No. 3 Telford Trust. Are you familiar with any of these organizations?
R. I do not think I remember, but if you give me any details about these companies, it can help.
Q. I will introduce them. Telford Financiers Corp. inherent in one of the schedules of undisclosed assets in the UK in the lawsuit of BTA. Telford International invested funds on behalf of Triadou.
R. This question should be addressed to our British lawyers.
Q. Do you know anything about any of the three companies I just mentioned?
R. No.
Q. Do you know Denity or Elana Petelin (written phonetically)?
R. I do not know them, but I heard about them, I heard these names.
Q. What do you mean by this?
R. I do not know them, but I've heard of them.
Question: In what capacity did you hear about them?
R. The fact that they are somehow connected with family members Mr. Khrapunov.
Q. Do you know that BTA or a person acting on behalf of BTA investigated the source of financing Petelin?
R. No, I do not know.
Q- Do you personally know anything about the source of funding Petelin?
R. No.
MIZ. Mikhelson: I will ask the court clerk to mark as Annex 1, a document called ALMATY BTA 0231186 through 226.
(Rakishev Appendix 1, documents having a stamp of Almaty BTA 0231186 through Almaty BTA 0231226, marked for identification.)
MIZ. Mikhelson: Mr. Schwartz noted on the record that Mr. Rakishev was covered by a defensive order.
MISTER. SCHWARTZ: The witness is a witness, therefore covered with a protective order. This document remains confidential.
Q. Mr. Rakishev, have you seen this document before?
R. What is the name of this document?
Q. The first line of the document is read as an act of settlement.
R. I believe that yesterday, during the preparation for the trial, I was shown such a document. I do not see who signed it.
Q. Let's turn to the end of page No. 195.
R. Good.
Q. Who signed this document on behalf of BTA Bank?
R. Rustem Iskakov.
Q. RUSTEM, ISKAKOV?
A. Yes.
Question: What is the role of Iskakov in BTA Bank?
R. He is the managing director and member of the board.
Q. Did you see this document until yesterday?
R. No.
Q. Do you know if there were early drafts of this document?
R. Such documents get to the board from day to day.
Q. Can I correctly understand that you were not involved in the negotiation of this document?
R. Yes, you are right. The Board of Directors was not.
V. I draw your attention to the section on the first page. You are aware that BTA this document is dated April 13, 2017. Do you know that BTA entered into an agreement with Nicholas Boer and Laurent Foucher until April 13, 2017?
R. My role is not to follow the documents that go through the board. Because every day they work with tons of documents.
Question: Did you not know that BTA entered into an agreement with the Boers and Fouchet?
R. No, I do not know any details or terms of this agreement, but, in general, I know that we are dealing in the United States.
Question: Mr. Rakishev, I would like to ask that you do not use the phone during the trial.
R. I'm just looking at the time.
Q. I'm trying to release you soon.
R. When do we finish?
Q. Did you know that BTA entered into an agreement with Mr. Boer or Mr. Fouche until April 13, 2017?
MISTER. SCHWARTZ: Objection.
R. I do not know anything about such things. The only thing I know is that Burg and Bur Fouche have witnessed. That's it, this is what I know.
Question: Where was Mr. Fouchet a witness?
MISTER. SCHWARTZ: Objection.
R. In some procedure, American, but I can not give you any exact information. If I was an employee who is responsible for asset recovery, then I would know all these details, but I'm the chairman of the board of directors.
Q. I did not have this document when I spoke with Mr. Nurgabylov, so I could not ask him any questions about this, so I have to ask you.
R. No problem, you can ask me. It is your right.
Q. Have you ever met Mr. Fouchet?
R. No.
Q. Have you ever communicated with Mr. Fouchet?
R. No.
Q. Do you know, Mr. Fouchet has provided any written statements or statements of BTA?
R. No, I do not know.
To be continued
Timothy Zabiyakin
Source: www.rucriminal.info
