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 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. Asked about the specific activities of the BTA Bank, where Rakishev was the chairman of the board of directors at the time of the interrogation, he responds to the bank's assets in one, "I do not know." During the hearing, it turned out that BTA has interests in the Congo and Sudan. Also, that in reality a significant part of the allegedly stolen assets was not returned by the bank for free, but bought back. rucriminal.info publishes a transcript of this part of the interrogation.
Q. Turning to the second page of the document, pay attention to the bottom paragraph 2.1. Do you understand that BTA is relieved of all the claims of Nicolas Bour, Laurent Foucher, Niel Infrastructure, Nile Natural Resources, Niel Telekom, Muriel Bourgeay, Kevin Mayer and Alin Zaharu?
R. If the document says so, it means that it is exactly so, if it is, of course, signed. But I do not know any details. I just want to confirm this. I was not the person who prepared these documents, I did not sign these documents. Our management has the right to sign documents independently.
MISTER. SCHWARTZ: The document speaks for itself.
Q. Pay attention to the third page of the document.
MIZ. Mikhelson: I need an interpreter to translate article 2.3.
R. My apologies, but I do not consider it necessary to confirm every detail. For example, I see here that Hogan Lovells has prepared this document and our employee has signed it, so this is so. All that is written here is signed by BTA, this means that the board of BTA Bank made a relevant decision. The board thought that this was the right decision in terms of strategy.
Q. Has BTA compensated in accordance with this agreement?
R. I do not know anything of the kind, but if the document says that we have any obligations under this agreement, this means that we must fulfill them. But I do not have exact knowledge about this.
Q. Could you please turn to the page that has the stamp 1197. What does BTA do to return the assets in connection with the Igloo project?
MISTER. SCHWARTZ: Objection. What is the attitude to this process have efforts to return other assets of BTA?
MIZ. Mikhelson: Efforts to return other assets show that BTA pays compensation for them
MISTER. SCHWARTZ: You asked this question. He replied that he did not know.
MIZ. Mikhelson: The section on the agreement says that BTA will pay compensation and, or you will receive part of the asset recovery.
MISTER. SCHWARTZ: You really asked whether any of these assets were compensated by witnesses. This is normal,. You were told that he did not know, this is their legal strategy for other cases. What does this have to do with our case ...
MIZ. Mikhelson: Do you acknowledge the privilege?
MISTER. SCHWARTZ: First of all, I think that the privilege does not apply to this case.
Question. Has BTA received assets in connection with a project called Igloo?
MISTER. SCHWARTZ: Objection.
R. I do not know.
Q. Has BTA received assets in connection with a project called Bagama, BAGAMA?
R. I do not know.
Q. Has BTA received assets in connection with a project called Congo Brazbille, BRAZBILLE?
R. I do not know. Can I get coffee?
Videographer: We turned off the recording. The time is 4:02 pm
(Off recording.)
Videographer: Now we are on record. The time is 4:02 pm
Q. Did BTA receive assets in connection with projects named Block 19 Sudan, IMIC or Leo Telecom?
MISTER. SCHWARTZ: Objection.
R. I do not know.
Q. Is it known about the assets transferred to you under the name Bimble Con (phonetic)?
MISTER. SCHWARTZ: Objection. Does it matter?
R. I do not know.
Q. Do you know if the lawsuit is being tried against Leo Telecom?
R. I do not know.
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Q. Vy znayete , kakiye poruchitel'stva g - n Bur ili g - n Fushe delali ot imeni BTA?
R. Net .
Q. Poluchal li BTA dokumenty ili druguyu informatsiyu ot g Fusha ?
R. YA ne znayu.
Q. Stat'ya 4 glasit , chto v techeniye 15 dney s daty etogo akta, Fushe i Bur perechislyayut ili obespechit' peredachu ikh aktsiy «Nilya kompaniy». Proizoshla eta peredacha?
MISTER. SCHWARTZ: Vozrazheniye.
R. YA ne znayu.
Q. Imeyet li BTA dolyu sobstvennosti v lyuboy Niel kompanii?
R. YA ne znayu.
Q. BTA zaplatil za sudebnyye izderzhki advokatam , svyazannykh s g - nom Bur ili g - n Fushe ?
R. Net, ya ne znayu.
MISTER. Mikhel'son: YA budu prosit' sudebnogo sekretarya pometit' kak Prilozhenii 2, dokument s Shtampom ALMATY VTU 03177 cherez 185.
( Rakishev Prilozheniye 2, dokumenty , nesushchiye Shtamp pp. Almaty VTA 03177 cherez Almaty VTA 03185, otmechennyy dlya identifikatsii.)
MISTER. SCHWARTZ: To zhe samoye , chto ya skazal raneye o Eksponat 1 otnositel'no konfidentsial'nosti otnositsya ko vsem konfidentsial'nyy dokumenty, kotoryye my ispol'zuyemym.
Q. G - n Rakishev , vy videli etot dokument ran'she?
R. Net .
Q. Eto soglasheniye mezhdu Total Recovery Solutions Limited, Nikolas Bur i Loran Fushe . Chto takoye Vsego resheniya dlya vosstanovleniya?
R. Naskol'ko ya znayu, no ya mogu oshibat'sya , eto dochernyaya kompaniya BTA Banka i ona byla sozdana dlya vosstanovleniya aktivov. Eto 100 protsentnaya dochernyaya kompaniya BTA Banka.
Q. Stat'ya 2.3 ukazyvayet , chto fond opredelennyy kak Total Recovery Solutions uplachivayut prodavtsam, opredelyayemyyem kak Nikolya Burg i Loran Fushe , 200000 yevro , v polnom ob"yeme iz svobodnykh sredstv. Etot platezh byl sdelan?
R. YA ne znayu. V dokumente tak govoritsya, ya schitayu , chto eto dolzhno bylo byt' sdelano, no tochno ya ne znayu.
Q. Stat'ya 2 rassmatrivayetsya variant pokupki Telecel . Vy znayete Total Recovery ispolnil optsion na pokupku Telecel ?
R. YA ne znayu. YA schitayu , chto direktor i drugiye sotrudniki Total Recovery Solutions znayut vsyu situatsiyu gorazdo luchshe. Imenno poetomu vse voprosy dolzhny byt' adresovany im.
Vopros : Kto yavlyayetsya direktorom Total Recovery Solutions?
R. Chelovek , ch'ye imya zdes' ukazano.
Q. Don Vaysmyuller yavlyayetsya direktorom Total Recovery Solutions?
R. Yesli on tak govorit, i yesli on podpisal dokument, eto oznachayet , chto on yavlyayetsya direktorom.
Prodolzheniye sleduyet
Timofey Zabiyakin
Q. Do you know what kind of guarantees Mr. Boer or Mr. Fouche did on behalf of BTA?
R. No.
Q. Did BTA receive documents or other information from Mr. Fush?
R. I do not know.
Q. Article 4 states that within 15 days from the date of this act, Fouche and Boer transfer or secure the transfer of their shares to the "Nile Companies". Was this broadcast?
MISTER. SCHWARTZ: Objection.
R. I do not know.
Q. Does BTA have a stake in any Niel company?
R. I do not know.
Q. Has BTA paid legal fees to attorneys related to Mr. Boer or Mr. Fouché?
R. No, I do not know.
MISTER. Mikhelson: I will ask the court clerk to mark as Annex 2, a document with ALMATY WTMA stamp 03177 in 185.
(Rakishev Annex 2, documents bearing the stamp of Almaty BTA 03177 via Almaty BTA 03185, marked for identification.)
MISTER. SCHWARTZ: The same as what I said earlier about Exhibit 1 regarding confidentiality applies to all confidential documents that we used.
Q. Mr. Rakishev, have you seen this document before?
R. No.
Q. This agreement between Total Recovery Solutions Limited, Nicholas Boer and Laurent Foucher. What is Total Recovery Solution?
R. As far as I know, but I can be mistaken, it is a subsidiary of BTA Bank and it was created to restore assets. This is a 100% subsidiary of BTA Bank.
Q. Article 2.3 specifies that a fund defined as Total Recovery Solutions is paid to sellers, identifiable as Nicolas Bourg and Laurent Foucher, 200,000 euros, in full from free funds. Was this payment made?
R. I do not know. The document says so, I believe that this should have been done, but I do not know for sure.
Q. Article 2 deals with the purchase of Telecel. Do you know Total Recovery has executed an option to purchase Telecel?
R. I do not know. I believe that the director and other employees of Total Recovery Solutions know the whole situation much better. That is why all questions should be addressed to them.
Question: Who is the director of Total Recovery Solutions?
R. The person whose name is indicated here.
Q. Is Don Weissmuller the director of Total Recovery Solutions?
R. If he says so, and if he signed the document, it means that he is the director.
To be continued
Timothy Zabiyakin
Source: www.rucriminal.info
