Source More than $150 million was confiscated from the accounts of the company controlled by Magomedov. “Kommersant” became aware of the details of a new court case, thanks to which the Prosecutor General's Office achieved the confiscation of more than $ 150 million from the Russian accounts of the Cypriot offshore, controlled by the founders of the Summa Group, the brothers Ziyavudin and Magomed Magomedov. The court, following the supervision, recognized that the company acted as a “tool” for the legalization of illegally obtained funds. The defense will appeal these decisions.
As follows from the lawsuit, satisfied by the Khamovnichesky District Court of Moscow, its foundation was laid by the decision of the same court that entered into force on the conversion of the $ 750 million received by the Magomedov brothers from the sale of shares of JSC Novorossiysk Commercial Sea Port (NCSP) to Transneft. As part of that case, it was established that Magomed Magomedov, being a member of the Federation Council (2002-2009) and being, in particular, a member of the committees on natural monopolies and industrial policy, continued to do business in spite of the requirements of the law. His assets, according to the Prosecutor General's Office, in addition to NCSP were the Primorsky Commercial Port, which he managed with the help of his younger brother Ziyavudin Magomedov.
The court concluded that the right of Magomedov Sr. to participate in these structures “arose on the basis of investing his own funds hidden from state control, and the secret nature of their possession and management (through offshore companies and dummy, according to supervision, persons.—” b”) was conditioned by holding public office.”
The Cyprus offshore Omiriko Limited was used in transactions with ports, the ultimate beneficiaries of which, according to the Prosecutor General’s Office, were the Magomedov brothers.
The funds received by the Magomedov brothers from Omiriko transactions were recognized by the court as a “corruption product”, which “cannot be a source of legal civil turnover.”
Meanwhile, in the course of an additional audit, the prosecutors found that, in addition to asset management, Omiriko was used by the Magomedov brothers to “accumulate and involve in civil circulation other funds illegally acquired” by the ex-senator “while in power.” After the sale of the company's shares, the Magomedov brothers “retained the right to claim against it, arising from the loan agreement.”
As follows from the prosecutor's lawsuit, in 2011, being the beneficiaries of the offshore, the Magomedov brothers arranged for them to receive a loan of $150 million The creditor was the BVI-registered organization Torresant Industry Ltd, also controlled by the Magomedovs.
According to the supervision, the transaction between the two legal entities controlled by the Magomedov brothers “allowed them to have access to assets previously formed in violation of the law even after leaving the shareholders of Omiriko Limited.”
Subsequently, he believes the plaintiff, using the fact of the debt artificially formed in this way, the Magomedov brothers, through “foreign structures, took measures to change the executive body of the Cypriot society and restore control over its activities.”
Thus, on the suit of Torresant Industry Ltd. on April 14 this year, the Limassol District Court (Cyprus) decided to ban Omiriko from disposing of property and appoint a temporary liquidator of the company. By the way, the latter, Ioannis Poyatzhis, became one of the co-defendants in the prosecutor's suit.
At the same time, $150 million 289 thousand, $116.6 thousand, €4, 6 thousand and 213 million 921 thousand rubles, which the supervision considered the result of acts of corruption, and the actions of the defendants – aimed at their legalization.
“The legal entity Omiriko, being controlled by the Magomedov brothers and acting solely in the interests of the ultimate beneficiaries, actually acted as a tool for legalizing illegally obtained funds by them and, in accordance with the law, is also liable for corruption offenses,” the supervisor’s appeal to the court said. . The lawsuit, signed by Deputy Prosecutor General Igor Tkachev, was satisfied in full. By the way, the decision was made by Judge Tatyana Perepelkova, who had previously satisfied the lawsuit for $750 million against the Magomedov brothers, and is now considering another application for the confiscation of shares in the Fesco transport group company, where they are co-respondents.
Sami Ziyavudin and Magomed Magomedov, by the verdict of the Meshchansky District Court, were found guilty of organizing a criminal community, fraud and embezzlement (Art. 210, Art. 159 and Art. 160 of the Criminal Code) in the implementation of a number of large projects and sentenced to 19 and 18 years in a strict regime colony. Ziyavudin Magomedov's stake in Fesco was confiscated by the court in favor of the state (see Kommersant of December 2).
Representatives of the brothers' defense called the decisions of the Khamovnichesky District Court illegal and unfounded, noting that they are being appealed. In particular, lawyers drew attention to the fact that the confiscation orders are based on the 2013 legislation, which is not retroactive. By that time, Magomed Magomedov had not worked in the Federation Council for three years. Representatives of the Prosecutor General's Office were also asked questions about this during the hearings themselves. “On what grounds is a claim filed if in this case the norms of the Russian anti-corruption legislation are not applicable?” the defenders asked the prosecutor. “On the norms of international law,” came the reply.
The sides received the text of the verdict on the brothers only last Friday. The court decision took 764 pages, in addition, the defenders and the convicts themselves will have to study the minutes of the court sessions. In the meantime, in order not to violate the procedural deadlines, short complaints, the so-called letuchki, were filed against the verdict of the Meshchansky District Court.
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