Khimki city court sentenced lawyer to seven years in a penal colony Igor Tretyakov in the case of embezzlement of Roskosmos funds, a RAPSI correspondent reports from the courtroom.
“Assign Igor Tretyakov a sentence of imprisonment for 7 years in a general regime colony with a fine of 400 thousand rubles … Take the convicted person into custody in the courtroom,” said judge Oksana Kulbaka.
Also on Tuesday, the court sentenced the former general director of JSC “Scientific and Production Association. S.A. Lavochkin” Sergei Lemeshevsky to 7.5 years in a general regime colony, and Ekaterina Averyanov, head of the legal support directorate of the enterprise, to 6 years in a general regime colony. They were also fined 500 and 300 thousand rubles, respectively.
According to lawyer Stanislav Shostak, who defends Tretyakov, his principal spent a total of 5 years in custody and house arrest, which, when recalculated, will be equal to 5 years in prison. The defense is appealing the verdict.
During the debate, the state prosecutor asked for a sentence of 7.5 years in prison for the lawyer. Lemeshevsky was asked to be sentenced to 8 years in prison, and Averyanov to 7 years in prison.
Kommersant.Ru, 04.10.2022, “The court recalculated attorneys’ fees”: The Khimki court fully agreed with the arguments of the investigation, recognizing the former head of the Lavochkin NGO Sergey Lemeshevsky, the ex-head of the legal support of the association Ekaterina Averyanov and the owner of the law office Igor Tretyakov as participants in the theft of 332.5 million rubles. disguised as legal fees. All three were found guilty of especially large-scale fraud (part 4 of article 159 of the Criminal Code of the Russian Federation). The court recognized Mr. Lemeshevsky as the organizer of a criminal group, and his subordinate Averyanov and lawyer Tretyakov as perpetrators of a criminal plan.
The court considered it proved that in July 2015, Ms. Averyanova, at the direction of her manager, agreed with Igor Tretyakov and executed 23 agreements with his bureau on the provision of legal assistance to the enterprise without holding a tender. At the same time, the payment for the services of the lawyers of the Tretyakov and Partners bureau was, according to the investigation, overstated – for each of the contracts concluded, the NGO was obliged to pay the bureau at least 400 thousand rubles, as well as bonuses for won cases. The money paid to lawyers was included by NGOs in the cost of their own products. Thus, it was noted in the case, budgetary funds allocated to the enterprise under the state order were spent on lawyers. The investigation also found that out of the bureaus received for three years, 332.5 million rubles. Igor Tretyakov transferred 167 million rubles to his account, leaving the rest on the account of his organization. — Inset K.ru
A criminal case on fraud with a subsidiary of Roskosmos was initiated in July 2018. The investigation considered that NPO them. Lavochkin in 2016-2017 concluded 23 contracts with the Tretyakov and Partners law firm for the provision of legal services in a non-competitive way, but in reality no one has provided them.
The lawyer received 330 million rubles, the investigation and the prosecutor’s office are sure, but the services described in the contracts were not actually provided. Tretyakov “shared” the money with Lemeshevsky and Averyanova, the prosecutor assured during the debate. Legal work, according to her, was carried out by full-time lawyers of the daughter of Roskosmos, and fictitious contracts were simply supposed to hide the theft of funds, and they were concluded far from market conditions.
The lawyer and his defense have an opposite opinion: he did not steal funds, did not share with anyone, but he himself worked for wear and tear, preventing the customer from going bankrupt. The fact is that he managed to win for the NGO. Lavochkin’s lawsuits about the allegedly disrupted state order for 5.4 billion rubles, which is why the success fee for Tretyakov became so significant – 230 million rubles.
“You need to understand that if these cases were lost, the NGO would be threatened with bankruptcy. And in the event of such a debt, the director himself had to file for bankruptcy in order not to fall under subsidiary liability. My principal won the claims: he performed the work professionally and, in fact, saved the enterprise,” says Shostak.
The case went to court three times, but twice the judges refused to consider it: the case was returned to the prosecutor’s office in October 2019, and in April 2021, after the second transfer to the court, it was sent for further investigation. The Moscow Regional Court did not agree with the latest return of the case and returned it to the Khimki City Court for a new trial.
The “Tretyakov case” has become an occasion for controversy in the Russian legal community. The story of the attorney under investigation prompted his colleagues in the corporation to start a new professional discussion about the legitimacy and allowable size of the success fee, as well as the risks associated with obtaining it and providing services to state corporations. […]
