The Moscow Arbitration Court, at the suit of the Central Bank, recovered 71.2 billion rubles. from former owner Binbank Mikaila Shishkhanova and ex-chairman of the bank Alexander Lukin, RBC was told in the press service of the court.
Funds were collected in favor of Bank “Opening”to which Binbank is now attached.
The court also dismissed the claims against other defendants – the members of the board Petr Morsin and Konstantin Kalagin, who were responsible for lending to small and large businesses, as well as a member of the board of directors Kirill Lyubentsov.
Initially, this lawsuit in the amount of 85.4 billion rubles. The Central Bank in September 2020 – a few days before the expiration of the limitation period – presented to six defendants – Shishkhanov, another co-owner Mikhail Gutseriev and four former top managers, including Lukin.
In March 2021, the court approved settlement agreement between Otkritie and Gutseriev for 14.2 billion rubles, after which he stopped the proceedings against him and reduced the amount of claims against the remaining defendants.
Shishkhanov’s lawyers in July 2021 sent to the Moscow Arbitration Court an expanded position on the suit of the Central Bank. It was based on the fact that the Central Bank filed a lawsuit under the norm, which came into force eight months after the reorganization of Binbank and has no retroactive effect.
The reorganization of the bank is explained by economic reasons, and not by the guilty actions of its management. The lawyers emphasized that Shishkhanov himself, and not other defendants, has always been the only controlling person of the bank.
RIA Novosti, 11/21/2022, “The court recovered 71.2 billion rubles from the ex-owner of Binbank”: A representative of the Bank of Russia previously said that during the reorganization of Binbank, which began in 2017, about 57 billion rubles were contributed to its authorized capital, and it was from this amount that the amount of the claim was calculated. According to the formula from the bankruptcy law, losses are equal to the income that the Central Bank would have received by placing the amount spent on reorganization for 20 years at a key rate instead of zero, at which the Banking Sector Consolidation Fund (FCBS) allocates funds.
The defendants in the court stated that the calculation according to the formula that appeared in the law in 2018, after the start of the reorganization of Binbank, is not applicable to this case, since the norm is not retroactive. In addition, according to the defendants, the Central Bank did not have any losses at all – it made a profit already at the end of 2018, and also received bank shares, the value of which exceeded the amount of additional capitalization of Binbank.
Shishkhanov’s representative said that in the event of the bank’s bankruptcy, and not its reorganization, all creditors’ claims would be satisfied and the top management could not be held vicariously liable. He called the norm, which fixed the formula for calculating losses from the reorganization of banks, absurd. “It does not paint our right in a historical perspective,” said Sergei Savelyev, who represented the interests of Shishkhanov. He compared it with an article on parasitism, according to which the poet Joseph Brodsky was tried in the USSR. — Inset K.ru
Binbank was founded in late 1993 by Mikhail Gutseriev. In December 2014, the bank took part in the reorganization of the Rost Bank group, 35.9 billion rubles were provided for this.
In September 2017, the Central Bank announced the reorganization of Binbank and Rost Bank through the Banking Sector Consolidation Fund. In 2018, Growth Bank joined Trust, a year later Binbank was merged with Otkritie.
The investigation was launched at the request of the “Trust”, recognized as the injured party. The bank told RBC that the interim administration filed a complaint with the prosecutor’s office about the illegal actions of Rost Bank officials in 2018. They said that Lyubentsov and Lukin “did not enter the outline of the agreement” that Trust concluded with Gutseriev.
Kommersant.Ru, 11/21/2022, “The court recovered 71 billion rubles from the former owner and top manager of Binbank Shishkhanov and Lukin”: The Main Investigation Department of the TFR in Moscow in April case filed on the fact of embezzlement of 107 billion rubles. (part 4 of article 160 of the Criminal Code of the Russian Federation) during the reorganization of Rost Bank JSC by Binbank. By a court decision, former top managers of Rost-bank and Binbank Kirill Lyubentsov and Alexander Lukin went to jail. The Investigative Committee considers them to be participants in embezzlement committed by an organized group. Mr. Shishkhanov had the status of a witness in the criminal case.
On August 11, Kommersant learned that Kirill Lyubentsov and Alexander Lukin remained on charges of the ICR, who are charged with embezzlement of 1 million rubles. The mention of 107 billion rubles that allegedly disappeared during the reorganization of Rost-Bank was excluded from the charge. Mr. Shishkhanov, whom the investigation was going to check for involvement in embezzlement, was not in the charge. — Inset K.ru
