brother’s sentence Sergei Fuglaev Anatolia the court ruled in Belgorod at the beginning of 2022 – despite the compensation for the damage caused, he was also sentenced to a real term: 3.5 years in prison. Sergei Fuglaev will spend two months longer in the colony.
Kommersant reports on the verdict handed down by the Krasnogorsk city court to ex-deputy of the Belgorod City Council, benefactor Sergei Fuglaev and his former subordinate Irina Akinshina. They worked together in the Dobrynya group of companies. Fuglaev was sentenced to three years and eight months in prison, and Akinshina was sentenced to four years of probation. They were found guilty of fraud. The defenders of both defendants did not comment on the verdict to journalists and did not specify whether they would appeal against it.
Kommersant.Ru, 08/23/2022, “Dobrynya” was presented with an invoice”: The events of seven years ago formed the basis of the case. According to the TFR, the entrepreneurs instructed their subordinates to organize a chain of real estate transactions in Belgorod and Stary Oskol at inflated prices through controlled companies, on the basis of which they reimbursed about 145 million rubles in the form of VAT.
As part of one of the episodes, according to investigators, the price of land plots for the construction of a hotel and shopping complex and parking for 290 places, non-residential premises and various communications was overstated by 600 million rubles. […]
During the investigation of the criminal case, Sergei Fuglaev lost his mandate in the Belgorod City Council, where he represented United Russia. Before the verdict was passed, the interregional intersectoral trade union “Pravda” and the public organization “Federation of Sports of the Deaf, Sports of the Blind, Sports of Persons with Damage to the Musculoskeletal System and Sports of Persons with Intellectual Disabilities”, which he headed, began to liquidate. At the end of last year, the Tax Service filed a lawsuit in arbitration to declare Sergey Fuglaev bankrupt due to a debt of 850 thousand rubles, but later abandoned the lawsuit. — Inset K.ru
Recall that the Fuglaev brothers arrested at the end of 2020. They were accused of illegal VAT refunds in the amount of more than 140 million rubles. According to the investigators, the entrepreneurs instructed their subordinates seven years ago to carry out real estate transactions at inflated prices through a number of firms, and then return part of the amount as VAT. During the investigation, Sergei Fuglaev asked to be excluded from the number of deputies of the Belgorod City Council.
Anatoly Fuglaev was sentenced by the court at the beginning of 2022 – he received 3.5 years in prison, while the entrepreneur fully compensated the damage caused to the budget. Then, Svetlana Trukhacheva, former deputy general director of Dobrynya Management Company, was also sentenced to a suspended sentence and a fine of 400 thousand rubles.
What fraudulent schemes were carried out by businessman Anatoly Fuglaev
The Oktyabrsky District Court of Belgorod considered the case of the elder Fuglaev in a closed court session. The documents describe in detail the fraudulent schemes with the possibility of participation in them by Sergey Fuglaev and top managers of Dobrynya Management Company.
According to the file of cases, the court found that Anatoly Fuglaev was guilty of two episodes of fraud – he stole someone else’s property using his official position on an especially large scale as part of an organized group. Since all the names of firms and participants in the case are encrypted in the documents, Bel.Ru journalists, based on the data of analytical systems, can only guess which organizations and persons are involved.
The documents indicate that, according to the minutes of the general meeting of participants in the company “UK D.” (“UK Dobrynya”), March 24, 2015 Anatoly Fuglaev and the first person created a limited liability company “UK Dobrynya”. They acted as founders and equal owners of a share in its authorized capital. According to the analytical system, the first person is Sergey Fuglaev, who became the CEO of the company.
In addition, the Fuglaevs actually managed the work of the company “S.” (“Saga”), whose director was formally Yulia Kuzmicheva, individual entrepreneur F.V.V. (Fuglaeva Valentina Visilievna), as well as the organization “D.” (“Dobrynya”).
At the same time, Anatoly and Sergey Fuglaev have been doing business for a long time, including those related to the acquisition and sale of real estate, so they were reliably aware that tax deductions are made on the basis of issued invoices issued by sellers when the taxpayer purchases goods, and documents confirming the payment of tax amounts.
Only the amounts of tax presented to the taxpayer upon the acquisition of goods are subject to deductions, after the said goods are registered and in the presence of the necessary primary documents.
The court found that in connection with this, Anatoly Fuglaev and the first person in 2015 (no later than April) had a joint mercenary intent. He decided to steal money from the budget of the Russian Federation on an especially large scale, deceiving tax officials through illegal reimbursement of value added tax (VAT).
At the same time, they developed a criminal scheme for embezzlement of funds for VAT refunds on behalf of IP Fuglaeva Valentina. The scheme looked like this: the company “Saga” under the contracts of sale from the company “Rineks” bought real estate, and then sold them to IP Fuglaeva Valentina at an unreasonably high cost.
In addition, on behalf of the company “Saga” and IP Fuglaeva Valentina, deliberately false primary documents were prepared, which contained information about the inflated value of real estate and the inflated amount of VAT. On their basis, tax reporting for the second quarter of 2015, accounting and other documents were formed on behalf of IP Fuglaeva, which contained deliberately false information about the amount of tax deductions that entitle the tax authority of IP Fuglaeva to return the overpaid VAT to the address of the Saga company.
In addition, Anatoly Fuglaev and the first person planned to take measures to ensure gratuitousness in case of embezzlement of money through falsification of Saga accounting data in order to reduce the amount of VAT. It looked like this: to enter deliberately false information about the services purchased from the company “K.” into the Saga purchase book, on the basis of which to generate the tax reporting of the company “Saga” for the second quarter of 2015 with inaccurate information about the amount of VAT deductible in in the amount of 98 million rubles.
Documents with information about the unreasonably and illegally inflated tax deductions, as well as the value of the acquired property and the tax return for the second quarter of 2015 drawn up on their basis, were planned to be sent to the tax office in order to illegally receive money from the federal budget under the guise of a refund of VAT overpaid by an individual entrepreneur to the Saga company.
The stolen money was planned to be turned into the property of IP Fuglaeva free of charge for subsequent use as working capital of the IP, as well as for the personal enrichment of the Fuglaevs.
In order to realize their plans, the Fuglaevs involved employees of Dobrynya Management Company, who understand accounting and taxation, and other affiliated commercial organizations in the scheme.
To do this, in 2015, the Fuglaevs found employees of organizations controlled by them, namely, Svetlana Trukhacheva, Deputy General Director for Economics of the Dobrynya company (she entered into a pre-trial agreement) and the General Director of the Dobrynya Company company (in the analytical system it is indicated that we are talking about Irina Akinshina), who have knowledge in the field of accounting and taxation. They were offered to unite in an organized group and take an active part in the theft of budget money, promising a permanent source of income.
Svetlana Trukhacheva and the CEO of the Dobrynya Company, as well as a number of unidentified persons, agreed and voluntarily joined the organized group, pledging to fulfill their assigned role.
The Fuglaevs distributed the roles among the members of the organized group, according to which they, as leaders:
were engaged in general management and coordination of actions, including controlling the activities of participants in the preparation of documents containing deliberately false information about the value of real estate, and providing them to the tax authority;
concluded contracts for the sale and purchase of real estate between the firms “Saga” and “Rinex”;
entered into agreements for the sale and purchase of real estate at a significantly inflated cost between the company “Saga” and IP Fuglaeva Valentina;
distributed, at their own discretion, the money illegally received by IP Fuglaeva Valentina from the budget of the Russian Federation.
Svetlana Trukhacheva, using her official position, after the conclusion of a deal between IP Fuglaeva Valentina and the Saga company on the purchase and sale of real estate, had to organize the production of Saga invoices by employees subordinate to her, containing deliberately false information about the cost of objects. Also, in order to reduce the amount of VAT payable by the Saga company to the budget of the Russian Federation, it had to enter deliberately false information about the services purchased from the K. company into the purchase book of the specified organization, and then, on the basis of this, form the tax reporting of the Saga organization » for the second quarter of 2015 with inaccurate information about the amount of VAT to be deducted.
In turn, the general director of the Dobrynya Company, after the conclusion of real estate purchase and sale agreements between the Rinex and Saga companies, was supposed to organize the transfer of borrowed funds from the IP Fuglaeva Valentina to the Saga organization for settlement with the seller – Rineks LLC . After the conclusion of the transaction between IP Fuglaeva and the Saga company on the purchase and sale of real estate, it was necessary to enter data containing deliberately false information about the value of real estate objects into the IP purchase book. In addition, she had to prepare the IP tax return for VAT for the second quarter of 2015, creating the appearance of the IP’s right to return the excess VAT paid to the Saga company by the tax authority and submit documents to the tax office.
There were a number of unidentified persons who participated in the preparation of documents containing deliberately false information, and providing them to the tax office, and also performed related actions.
In the organized group created by the Fuglaevs, everyone had a specialization in performing certain actions in preparing and committing a crime. The role of each participant was unequal in terms of the volume and nature of the actions performed, but in the aggregate it led to the achievement of common goals – embezzlement of budget funds on an especially large scale.
The court documents also indicated the specific criminal activities of the members of the organized group. She looked like this.
In April 2015, acting on the instructions of the Fuglaevs, Yulia Kuzmicheva entered into a sale and purchase agreement on behalf of the Saga company with the Rineks company on the purchase of land for the construction of a car park and a hotel and shopping complex, a shopping center, a ring pipeline, a power transmission line and domestic sewerage pipeline.
The total value of the acquired property, according to the sale and purchase agreement, amounted to 122 million rubles, including VAT in the amount of 17 million rubles.
Further, in April 2015, the general director of Dobrynya Company, being in the premises of the office of Dobrynya Management Company LLC, using her official position, organized the transfer of money as a loan from IP Fuglaeva Valentina to the Saga company for settlement with Rineks.
In May 2015, the head of the legal department of Dobrynya Management Company prepared a sale and purchase agreement, according to which IP Fuglaeva Valentina acquires the specified real estate from Saga for a total amount of 603 million rubles.
In the same period, another employee ensured the signing of a sale and purchase agreement with the director of Saga and Valentina Fuglaeva, who did not know about the crime.
Then in May 2015, Trukhacheva, Deputy General Director for Taxation of Dobrynya Management Company LLC, using her official position, on the basis of a sale and purchase agreement, knowing for certain that the cost of these property objects was unreasonably high, instructed her subordinates to prepare the primary accounting documents of the company ” Saga”, containing deliberately false information about the cost of objects.
Invoices and acceptance certificates in May 2015, at the direction of Trukhacheva, were signed by the nominal director of the Saga company Kuzmicheva, and transferred to the general director of the Dobrynya Company.
After that, in July 2015, the general director of the Dobrynya Company, acting on the instructions of the Fuglaevs, organized the signing of acceptance certificates by unidentified persons on behalf of Valentina Fuglaeva, an individual entrepreneur. After that, knowing for certain that the cost of the objects was unreasonably high, she instructed subordinate employees to enter false information into the IP purchase book.
In addition, in June 2015, Kuzmicheva entered into a sale and purchase agreement on behalf of the Saga company with the Rineks company on the purchase of a land plot for the maintenance of a non-residential building, a garage, non-residential premises, a video surveillance system and automatic gates. The total cost is 18.5 million rubles, including VAT in the amount of 1 million rubles.
In June 2015, the general director of the Dobrynya Company organized the transfer of money as a loan from the IP Fuglaeva Valentina to the Saga company for settlement with the Rinex organization.
Further, the head of the legal department of MC Dobrynya LLC prepared a sale and purchase agreement, according to which IP Fuglaeva Valentina buys the indicated real estate from Saga for a total of 181 million rubles.
In the same period, a sale and purchase agreement was signed with the director of Saga LLC and Valentina Fuglaeva.
After that, the Deputy General Director for Taxation of Dobrynya Management Company LLC, on the basis of a sale and purchase agreement, instructed her subordinate employees to prepare the primary accounting documents of Saga LLC, introducing false information about the value of real estate objects in the total amount of 181 million rubles, while their actual the cost of 29 million rubles, thereby overestimating the cost of these objects by 151 million rubles.
In June 2015, the first person provided Trukhachev with the details of the company “K.” to falsify the accounting data of the Saga company in order to reduce the amount of VAT payable to the budget of the Russian Federation in the second quarter of 2015.
In the same period, Trukhacheva, knowing that any transactions between the Saga and K. was not concluded, entered deliberately false information into the book of purchases of the organization “Saga” about the allegedly purchased services from the company “K.” in the amount of 648 million rubles, including VAT in the amount of 98 million rubles.
Then, using the software of the office computer, based on the data of the Saga company’s purchase book, she prepared an electronic tax return for VAT for the second quarter of 2015, deliberately entering into it deliberately false information about the amount of VAT to be deducted. After that, the data was transferred to the tax.
In July 2015, the CEO of the Dobrynya Company, at the direction of the Fuglaevs, knowing for certain that the amount of 147 million rubles claimed for VAT reimbursement by IP Fuglaeva was unreasonably high, instructed her subordinates to prepare an electronic tax return for VAT for the second quarter of 2015. As a result, the amount to be reimbursed amounted to 116 million rubles.
From July to October 2015, tax officials conducted a desk audit on the validity of the VAT amount claimed for reimbursement. Employees requested documents on business transactions. As a result, they received certified copies, which created the appearance of the existence of real economic relations between the IP Fuglaeva Valentina and the Saga company.
Based on the results of the verification of the IP declaration, a decision was made to refund the amount of VAT in the amount of 147 million rubles. As a result, the organized group stole 116 million rubles of budget funds.
As for the second scheme, it looked like this. In 2015, the Fuglaevs entered into a fictitious contract for the production of construction and installation works between the controlled director of ST and IP Fuglaeva Valentina.
After the conclusion of the contract from the IP, ST received money, and deliberately false information about the volume and cost of construction and installation work at real estate objects was entered in the IP’s purchase book.
Then the members of the criminal group prepared IP Fuglaeva’s tax return for VAT for the fourth quarter of 2015, which created the appearance of the IP’s right to a refund of overpaid VAT by the tax authority. The false information indicated the purchase of services in the form of construction and installation works from the ST company in the amount of 186 million rubles.
In production. electronically. tax declarations LLC “ST” entered information on the amount of VAT to be deducted and sent it to the tax office. Tax officials conducted an audit and decided to refund VAT in the amount of 46 million rubles.
The criminal case was considered at a closed court session. In August 2021, Anatoly Fuglaev filed a motion to conclude a pre-trial cooperation agreement, which was granted.
The defendant undertook to compensate the state for damages in the amount of 72.7 million rubles, as well as to give full, reliable and detailed testimony in exposing members of an organized criminal group.
In court, Fuglaev fully admitted his guilt. […]