Source: www.rucriminal.info
As it turned out, the team of the current top manager of AFK Sistema, Evgeny Doda, very successfully invested the money stolen from RusHydro. A private oncological "European Clinic" (LLC "CIMT") was created on them, which created a scheme to hide the bodies of deceased patients. In this regard, the TFR is currently investigating.
Sources of Rucriminal.info said that Doda's team, primarily his friend, ex-first deputy head of RusHydro, George Rizhinashvili, was terribly lucky - they saved both freedom and money. Rizhinashvili was detained together with Dod, but he was released after interrogation. Dod stayed in jail, but for him, too, the criminal case on large-scale embezzlement ended well. According to the investigation, Dod, while holding the position of the head of RusHydro, made a distortion of information about the company for 2013, without reflecting paper losses of 12.4 billion rubles in RusHydro's financial statements. At the same time, Dod signed an order on special bonuses for the company's top managers, unreasonably increasing the size of his bonus by at least 73.2 million rubles. The TFR planned to present Dod with other episodes - he wrote out such undeserved prizes for himself and his team members all the years of RusHydro's leadership. But Dod was lucky with the investigator. The case eventually went to Ruslan Miniakhmetov, who left the UK this summer after a high-profile corruption scandal. As a result, Miniakhmetov, for obvious reasons, did not bring charges against Dod for other episodes. Dod compensated for the stolen 73.2 million rubles, and kept the bonuses for the rest of the years. As well as members of his team, including Rizhinashvili. Where the "saved" money could have gone was found out by the telegram channel "Head two ears", according to which the TFR is now engaged in the history of hiding the bodies of cancer patients. The state morgue of the Federal State Budgetary Institution No. 83 of the FMBA of the Russian Federation and the private oncological "European Clinic" (LLC "CIMT") could have participated in the illegal scheme of hiding bodies after medical errors. Investigators searched the clinic and all the homes of its leaders. During the searches it turned out that CIMT LLC (European Clinic) is trying to hide cases of medical errors that led to the death of patients. And this is done, allegedly, with the help of employees of the state morgue. The bodies are sent without a forensic autopsy to the morgue of the Federal State Budgetary Institution No. 83 of the FMBA of the Russian Federation, in violation of the current regulations. The total number of such bodies for 2018-2020. allegedly exceeds 200 people.
CIMT LLC was created by RusHydro employees who were dismissed after Yevgeny Dod's arrest, members of the Doda team. George Rizhinashvili, a “right hand”, close friend and business partner of Evgeny Doda, plays an important role in the “European Clinic” (LLC “CIMT”) on Dukhovsky Lane. Founders of CIMT LLC: 1. Saveliev Ivan Vyacheslavovich - Former Director for Strategic Transactions and Capital Markets of JSC RusHydro. He was dismissed immediately after the arrest of Yevgeny Dod. Sources of "Head two ears" say that Savelyev was one of the main participants in criminal financial schemes at RusHydro, thanks to which Dod filled his pockets. Another founder, Dmitry Sergeevich Bakholdin, is also a former employee of RusHydro, a member of Evgeny Doda's team. Another founder is Pushkarev Vadim Sergeevich - former Deputy Head of the Corporate Governance Department of JSC MC HydroOGK.
Recall that friends Rizhinashvili and Evgeny Dod together in 2009 moved from Inter RAO to RusHydro. In August 2015, the government announced the resignation of Mr. Dod from RusHydro, from where he moved as an anti-crisis manager to Quadra, and a year after his appointment he was arrested on charges of fraud.
Rucriminal.info publishes a decision to initiate proceedings against Dod.
RESOLUTION
on the initiation of a criminal case and its acceptance for its proceedings
Moscow June 22, 2016
05 hours 00 minutes
Senior Investigator for Particularly Important Cases under the Chairman of the Investigative Committee of the Russian Federation, Major General of Justice Gabdulin R.R., having examined the message about the crime - a report on the detection of signs of a crime under Part 4 of Art. 159 of the Criminal Code of the Russian Federation, received on June 21, 2016, registered in the book of registration of reports on crimes of the Directorate for Investigation of Particularly Important Cases of the Investigative Committee of the Russian Federation No. 252pr-50/16 dated June 21, 2016 and the material of the check,
INSTALLED:
On the basis of the Decree of the President of the Russian Federation dated 04.08.2004 No. 1009 "On Approval of the List of Strategic Enterprises and Strategic Joint Stock Companies" in order to implement a unified state policy in the field of privatization of federal property and in accordance with Federal Law No. 178-FZ dated December 21, 2001 "On the privatization of state and municipal property" approved a list of strategic enterprises and strategic joint stock companies.
According to clause 2 of the above list JSC Federal Hydro-generating Company RusHydro (hereinafter RusHydro) is included in open joint-stock companies, 60.5% of whose shares are in federal ownership and the participation of the Russian Federation in its management ensures strategic interests, defense capability and security state, protection of morality, health, rights and legal interests of citizens of the Russian Federation.
Thus, the Russian Federation participates in the authorized capital of RusHydro, being its largest shareholder.
In accordance with Art. 11 of the Charter of RusHydro (Appendix No. 2 to the Minutes of the Annual General Meeting of Shareholders of JSC RusHydro dated June 27, 2014 No. 12), the company was established by the sole founder - RAO UES of Russia JSC by decision of December 24, 2004 in accordance with the Resolution of the Government of the Russian Federation ", By orders of the Government of the Russian Federation dated 01.09.2003 No. 1254-r, dated 25.10.2004 No. 1367-r.
According to Art. 3.1 of the RusHydro Charter was created, in particular, in order to create conditions for ensuring the reliability and safety of generating facilities, implementing state policy in the field of hydropower, managing efficient operation and centralized technological management of hydropower facilities, and making a profit.
In accordance with Art. 18.1 of the Charter of RusHydro, the functions of the chairman of the board are performed by the sole executive body of the company.
According to Art. 19 of the RusHydro Charter, the sole executive body acts on behalf of the company without a power of attorney, including, concludes transactions, independently disposes of the company's property, hires and dismisses employees of the company, takes measures of encouragement and disciplinary sanctions against them, organizes the work of the company's board, gives instructions, mandatory for all employees of the company; resolves other issues of the current activities of the company, with the exception of issues attributed to the competence of the general meeting of shareholders, the board of directors and the management board of the company.
Based on Art. 12 of the Charter of RusHydro, the board of directors exercises general management of the company's activities. His competence, in particular, includes: the election of the chairman of the board - the general director, the termination of his powers, including the decision to terminate the employment contract with him, disciplinary proceedings, encouragement, decision-making on nomination for presentation to state and industry awards.
Based on the minutes of the meeting of the Board of Directors of RusHydro No. 88 dated 23.11.2009 E.V. Dod. Since November 24, 2009, he has been elected Chairman of the Management Board of RusHydro (now Public Joint Stock Company Federal Hydro-Generating Company - RusHydro, hereinafter RusHydro).
On the basis of his own order No. 778 of 24.11.2009 Dod E.V. took up his duties as Chairman of the Board of RusHydro from 24.11.2009.
According to clause 4.1.5. employment contract No. 76 of November 24, 2009 (valid until November 23, 2014) E.V. has the right to independently resolve issues related to the management of the company's activities that do not fall within the competence of the general meeting of shareholders, the board of directors of the company, the management of the company
In accordance with clauses 4.1.7., 4.1.8. labor contract No. 76 Dod E.The. has the right to dispose of the property of the company, to conclude transactions on behalf of the company, and also has the right to issue orders, approve (accept) instructions, local regulations on issues of its competence, give instructions that are binding on all employees of the company.
According to clause 4.2.1. labor contract No. 76 Dod E.The. is obliged to act in the interests of society, in good faith and reasonably exercise his rights and fulfill the duties assigned to him by the employment contract.
Based on clause 4.2.17. and 4.2.18. Dod E.V. is obliged to ensure the timely preparation and reliability of the company's statements and other documents, as well as to ensure the organization, proper condition and reliability of accounting in the company.
Thus, E.V. Dod, being the chairman of the board of RusHydro, performed managerial functions in a commercial organization, the largest shareholder of which is the Russian Federation, that is, he was a person performing the functions of the sole executive body, constantly performing organizational and administrative and administrative and economic functions.
On the basis of the order of the Deputy Chairman of the Board of RusHydro No. 102p dated 15.03.2010 D.V. Finkel. appointed to the position of advisor to the chairman of the board of RusHydro and signed an employment contract with him No. 62 dated 03/15/2010.
In accordance with the supplementary agreement dated 14.05.2010 to the employment contract dated 15.03.2010 D.V. Finkel. from 21.05.2010 he was transferred to the position of chief accountant - head of the corporate accounting and reporting department.
According to the employment contract No. 62 dated 03/15/2010 and the supplementary agreement to it dated 05/14/2010 Finkel D.The. is obliged to conscientiously fulfill the labor duties assigned to him by the employment contract, job description, local standards acts, orders, orders, instructions, tasks and instructions of the employer's leading officials; comply with the laws of the Russian Federation and other regulatory legal acts of the Russian Federation, local regulations of "RusHydro"; take good care of the employer's property.
In accordance with clause 1.7. Of the Regulations on the Department of Corporate Accounting and Reporting, approved by order of RusHydro No. 209 dated March 16, 2011, the department generates complete and reliable information about the activities and property status of RusHydro, and prevents negative results of the company's economic activities.
According to section 3 of the above Regulations, the main tasks of the department, in particular, are accounting and preparation of financial statements in accordance with the requirements of the legislation of the Russian Federation.
Thus, Finkel D.V., being the chief accountant - head of the corporate accounting and reporting department of RusHydro, was directly responsible for the accuracy and completeness of maintaining and preparing the financial statements of the company, in which the Russian Federation is the largest shareholder.
Minutes of the meeting of the Board of Directors of RusHydro No. 111 dated November 19, 2010 approved the Regulation on the procedure for payment of remuneration and compensation to members of the Management Board of JSC RusHydro (hereinafter referred to as the Regulation).
According to clause 3.1.2. Of the Regulations, the Chairman of the Management Board has the possibility of special bonuses based on the results of the company's work for the reporting year in the amount of up to 1% of the net profit.
In accordance with clause 6.5. Of the Regulations, a special bonus is paid after the approval by the annual general meeting of shareholders of the company of the annual report and the financial statements of the company at the end of the reporting year.
As of December 31, 2013, RusHydro, directly and indirectly through other subsidiaries, owned 84.39% of shares in RAO Energy Systems of the East, 29.80% in Yakutskenergo, and 1.04% in Far Eastern Energy Company. Shares of these three companies were presented in the balance sheet of RusHydro as part of financial investments in the total amount of 20,204 million rubles.
Due to the fact that the chairman of the board Dod E.V. and chief accountant D.V. Finkel senior positions in RusHydro, they were reliably aware that the shares of RAO Energy Systems of the East, OJSC Yakutskenergo, and OJSC Far Eastern Energy Company were included in the quotation lists of OJSC Moscow Exchange MICEX-RTS, their market quotations are regularly published, the shares of these companies have depreciated by 12,394 million rubles as of December 31, 2013.
Dod E.V. realized that the reflection of changes in the market value of the above subsidiaries in the financial statements of RusHydro would lead to a decrease in the company's net profit for 2013 and the amount of special bonuses at the end of 2013, including for the chairman of the board.
In this regard, in the period from 01/01/2014 to 02/28/2014 in Moscow at Doda E.V. out of selfish motives, a criminal intent arose to steal funds belonging to RusHydro by deception and abuse of trust, on an especially large scale.
Dod E.V. intended to improperly increase the amount of special bonuses to the chairman of the board based on the results of work for 2013, depending on the size of RusHydro's net profit, for which he decided to hide the fact of the devaluation of the market value of the shares of RAO Energy Systems of the East, OJSC Yakutskenergo, OJSC Far Eastern Energy Company ”, Not to reflect it in the statement of financial results of the company and the balance sheet for 2013, to mislead the annual general meeting of shareholders regarding the actual amount of net profit of RusHydro.
To achieve a criminal goal, in the period from 01.01.2014 to 28.02.2014 in Moscow Dod E.V. attracted the chief accountant - head of the corporate accounting and reporting department D.V. Finkel and unidentified persons.
At the specified time in the specified place Dod E.The. suggested to Finkel D.V. and unidentified persons jointly commit theft of funds on an especially large scale belonging to RusHydro, to which they agreed, out of selfish motives, and entered into a preliminary conspiracy.
Having misled the participants of the annual general meeting of shareholders of RusHydro, Dod E.V., Finkel D.V. and unidentified persons, by deception and abuse of confidence, were given the opportunity to charge Dodu E.V. the size of the special bonus based on the results of 2013 not from the actual amount of the company's net profit in the amount of 28 billion rubles, but from the amount of 35,321 million rubles.
Dod E.V., Finkel D.V. and unidentified persons, completing the implementation of a joint criminal intent no later than 09.29.2014, being in Moscow, made, and Dod E.The. signed order No. 74kt dated 09.29.2014 "On special bonuses for members of the Management Board of JSC RusHydro for 2013" and the attached calculation of the amount of special bonuses for members of the Management Board of JSC RusHydro for 2013.
According to the above order, the chief accountant - the head of the corporate accounting department reporting to Finkel D.V. ordered to accrue and pay members of the board a special bonus based on the results of work for 2013, in particular, E.V. Dodu. in the amount of 1% of the unlawfully calculated amount of RusHydro's net profit of 35,321 million rubles, which amounted to 353,210,000 rubles.
Thus, I will introduce an unlawful overestimation of the amount of RusHydro's net profit for 2013, the amount of a special bonus to E.V. Dodu. was overstated by no less than 73.2 million rubles.
01.10.2014 unlawfully accrued funds in the amount of at least 73.2 million rubles. were received by E.V. Dodom. by crediting to his personal account, opened in the joint-stock commercial bank CJSC Peresvet, located at the address: Moscow, st. Sergius of Radonezh, 7, bldg. 1.
Thus, Dod E.V., Finkel D.V. and unidentified persons, by deception and abuse of trust, stole funds from RusHydro in the amount of at least 73.2 million rubles, which they disposed of at their own discretion.
Thus, in the actions of Dod E.V., Finkel D.The. and unidentified persons are seen signs of a crime under Part 4 of Art. 159 of the Criminal Code of the Russian Federation - fraud, that is, theft of someone else's property by deception and abuse of trust, committed by a group of persons by prior conspiracy, using their official position, on an especially large scale.
Taking into account that there are sufficient data indicating the presence in the actions of Dod E.V., Finkel D.V. and unidentified persons signs of a crime under Part 4 of Art. 159 of the Criminal Code of the Russian Federation, guided by Art. Art. 23, 38, 140, 145, 151, 152, part 1 of Art. 156 of the Criminal Procedure Code of the Russian Federation,
DECIDED:
1. Initiate a criminal case on the grounds of a crime under Part 4 of Art. 159 of the Criminal Code of the Russian Federation,
Initiate a criminal case on the grounds of a crime under Part 4 of Art. 159 of the Criminal Code of the Russian Federation, in relation to Dod Evgeny Vyacheslavovich, born on April 17, 1973 and in relation to Finkel Dmitry Vladimirovich, born on 13.12.1977.
Initiate a criminal case on the grounds of a crime under Part 4 of Art. 159 of the Criminal Code of the Russian Federation, against unidentified persons.
2. To accept the criminal case for its own proceedings and start its investigation.
3. Assign No. 11602007701000036 to the criminal case.
4. Notify E.V. Doda, D.V. Finkel about the decision.
5. A copy of this resolution should be sent to the Deputy Prosecutor General of the Russian Federation.
Tomasz Wisniewski
To be continued
Source: www.rucriminal.info
