Source: www.rucriminal.info
The lawsuit connected with the raider seizure of the large defense enterprise "Temp" is coming to an end. The management of the plant that develops fuel system components for the modern Tu-22M3 and Tu-160M2 strategic missile-carrying bombers, which make up the air force part of the Russian "nuclear triad", have become hostages to the location of the enterprise. Details - in the material Rucriminal.info.
Object of attack
Temp is located in the central part of Moscow on Pravda Street. The cost per square meter in this part of the city is about 700 thousand rubles. A plot of 2 hectares with all the necessary communications is the dream of any developer. That is why negotiators from the largest companies operating in the real estate market are constantly looking for meetings with the shareholders of the enterprise.
When the hunters for easy prey realized that the defenders could not be moved, it was decided to turn to the professionals of the raider schemes. The financier-solver Sergei Lesnichiy was involved in the capture. A graduate of the FSB Academy and a former employee of the banking department of the service, dismissed due to negativity, has his own set of tools for such cases.
Back in 2012, Lesnichiy became friends with Andrey Trubkin, the former CEO of the enterprise. Under far-fetched pretexts, Lesnichiy and the Center for Financial Investigations, affiliated with him, received financial and economic documents from OAO NPP Temp, as well as 3 million rubles, bills for 12 million rubles. and oral consent to the admission of a person controlled by the financier to the management bodies of OAO NPP Temp.
Now ex-head Andrei Trubkin is in a pre-trial detention center. He is involved in a case of embezzlement of the company's funds on an especially large scale. According to investigators, employees of PJSC-UEC Saturn, which is part of United Engine Corporation JSC, may be involved in the same case.
After Trubkin became a defendant in the criminal case, the new management of Tempa cut off all ties with Lesnichiy and tried to recover the money that was paid to Center for Financial Investigations LLC.
"Independent" expertise
This was not part of the plans of a financial swindler with connections in law enforcement agencies. Already in May 2016, Pisarevsky, an investigator for the Northern Administrative District of the Main Investigative Committee of the ICR for Moscow, having received financial support and the consent of his head Zinyk, illegally initiated a criminal case against unidentified leaders of Tempa. In 2017, investigator Soslan Aboev involved the ANO “Commission for Investigation, Expertise and Control of Professional Communities in the Financial Sector” to conduct an examination. Aboev's strange choice of this company is due to the fact that it was also affiliated with Mr. Lesnichiy.
When this fact became known to the leadership of "Temp", the investigator created the appearance that he tried to involve a state institution in the examination. He asked them to backdate their responses. So, a month after the appointment of an examination by the ANO, on October 26, 2017, Aboev personally submitted a request to the Forensic Expert Center of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow; after 3 months, namely on December 22, 2017, he submitted a request to the Main Directorate of Criminalistics of the RF IC; January 23, 2018 - brought a request to the Federal State Institution RFTSSE under the Ministry of Justice of the Russian Federation. The forgery by backdating requests became known from the response of the Federal State Institution RFTSSE of the Ministry of Justice of the Russian Federation No. 1-3951 dated May 30, 2019 to a lawyer's request.
The Main Directorate of Criminalistics of the Investigative Committee of the Russian Federation and the FBU RFTSSE under the Ministry of Justice announced the possibility of conducting an examination at the right time, but investigator Aboev ordered the examination necessary for the investigation in the ANO-controlled Commission for Investigation, Expertise and Control of Professional Communities in the Financial Sector.
The forester and his ANO were so “persistent” in conducting expert examinations in the criminal case against the leaders of OAO NPP Temp that they did them “for free”, apparently having received, as is customary, real payment at the expense of the customer - JSC UEC with using illegal schemes, including the use of individual entrepreneurs.
Naturally, the "experts" gave biased, untrue conclusions. They made an absurd conclusion that on January 1, 2018 JSC NPC Salyut Gas Turbine Engineering suffered damage in the form of a fall in the value of 28.5% of the shares of JSC NPP Temp named after. F. Korotkov”, in relation to July 1, 2013 . The paradox is that at the beginning of 2013 JSC "SPC Gas Turbine Engineering Salyut" was not a shareholder of JSC "NPP "Temp" named after F. Korotkov" (a 28.5% stake as of 01.07. existed as a legal entity (date of registration of Salyut, JSC in the Unified State Register of Legal Entities - 04/07/2015).
There is one more moment in the history of expertise, which emphasizes the partisanship of experts. "Commission for Financial Investigations ..." had no right to conduct an examination, since it was open the data of the Unified State Register of Legal Entities (hereinafter also referred to as the Unified State Register of Legal Entities) of the Federal Tax Service of Russia, there is no information on the presence in the charter of the OKVED code on forensic activities.
The experts involved in this story, Yezheleva, Brovko, Bashkina and Trusova, are graduates of the Financial University under the Government of the Russian Federation (controlled by its former rector Eskindarov and Lesnichiy) and did not have the right to evaluate the value of shares (business valuation), as well as calculate (estimate) rental payments because they did not have qualification certificates of an appraiser and specialized education.
The case file contains more than 6 assessments, 5 of which were made by the relevant departments of the Ministry of Justice of Russia, in which the value of a 28.5% stake in OAO NPP Temp im. F. Korotkov” is higher than the cost calculated by ANO “Commission for Financial Investigations” by 2 or more times. However, the investigation did not resolve this contradiction in any way and considers the data of the falsified examinations of the ANO “Commission for Financial Investigations” to be true. It is striking that the same opinion is not hidden by the judge of the Savelovsky District Court, Neudakhin, who is considering the case on the merits. He repeatedly stated that he had no reason not to trust the expertise of the ANO.
Prosecutor's Office Requirements
The Deputy Prosecutor General of the Russian Federation indicated in his letter in June 2018 that the conclusions of the investigation were not based on the collected materials and contradicted the facts established. The actions of Tempa's management to establish subsidiaries and transfer property to them were recognized as lawful decisions of the Moscow Arbitration Court (of 10/31/2016 and 02/06/2017), and the possibility of evaluating their actions as criminally punishable is excluded.
The Prosecutor General's Office demanded from the Prosecutor of Moscow:
- to immediately take comprehensive measures aimed at eliminating violations by the investigating authorities on the illegal initiation of criminal case No.
- to conduct an official verification, based on the results of which, to resolve the issue of disciplinary responsibility of subordinates who did not ensure proper supervision of the procedural activities of the investigating authorities and the high-quality execution of instructions from a higher prosecutor's office.
Nobody complied with the requirements of the Prosecutor General's Office, the case was referred to the court for consideration on the merits after the indictment in the case was hastily approved, possibly financially motivated Oleg Manakov, who at that time held the position of First Deputy Prosecutor of Moscow. This employee was the number one candidate for the post of the Moscow City Prosecutor. At the last moment, he was not approved, and quickly resigned in April 2020 so as not to fall under an anti-corruption investigation.
Mutual responsibility
The trial of the leadership of "Temp" is clearly with an accusatory bias. Judge Neudakhin, who is considering the case, cynically and groundlessly rejects all petitions of the defendants and their defense lawyers for bringing to court and questioning in court investigators Pisarevsky and Aboev, ex-prosecutor Manakov, all experts and other persons related to the illegal initiation of a criminal case and who knowingly presented false results. expertise.
In more than two years of trial, the judge and the prosecutor refuse to tell the participants when, where and what crime the defendants committed. Obviously, in this way, Neudakhin illegally extends the period of prosecution of innocent persons, while the statute of limitations (6 years) under the article he is accused of abuse of office (part 1 of article 201 of the Criminal Code of the Russian Federation) has long passed. If the participants in this whole story - judge Neudakhin, former deputy prosecutor Manakov, investigators Pisarevsky, Aboev and their leaders - were not financially motivated, then the criminal case would not be opened, and the indictment would not be approved and the case would not be accepted for consideration in court, since the decisions of the Moscow Arbitration Courts that have entered into legal force recognized the actions of the Tempa leaders as legal on the facts that they are charged with in this criminal case.
It is possible that the Moscow City Court will make it clear to Judge Neudakhin that the decisions of arbitration courts that have entered into legal force have prejudicial significance and cannot be reviewed even for a large fee.
On the eve of the publication, it became known that members of the board of directors of Tempa filed an application with the Investigative Committee on the fact of illegal initiation of a criminal case and extortion by Pisarevsky and FSB officer Korkin of 500 thousand dollars from the management of the enterprise for not initiating (closing) a criminal case. A source in the ICR said that the verification of this statement is now being carried out. It is surprising that the court already treats the leaders of Temp as convicts, which is exactly what the judge called them in the court card posted on the official website.
We continue to follow developments around the defense enterprise.
To be continued
Mikhail Ermakov
Source: www.rucriminal.info
