Rosgosstrakh estimated the damage from the activities of Daura Jenia at more than 800 million rubles. According to the group, the ex-general director withdrew the assets of Capital Reinsurance, including 100% of the network of Medis clinics, before the reorganization of Otkritie Bank
The Investigation Department of the Ministry of Internal Affairs asks the Tver Court of Moscow to arrest in absentia the former general director of the insurance company Capital Reinsurance (CJSC Capital Re, part of the Rosgosstrakh group) Daur Dzhenia, who has been charged with abuse of power. As TASS was specified in the press service of the court, the investigation put Jenia on the international wanted list.
“The Tverskoy District Court of Moscow received a petition from the investigation to elect in absentia a measure of restraint in the form of detention against Dzhenia Daur Viktorovich, who had previously been put on the international wanted list on charges of committing a crime under Part 1 of Art. 201 of the Criminal Code (the use by a person performing managerial functions in a commercial or other organization of his powers contrary to the legitimate interests of this organization),” the agency’s interlocutor explained. A court date has not yet been set.
Dispute between Rosgosstrakh (RGS) and Jenia dragging on since 2017. According to the case file, on August 16, 2017, Capital Re transferred 100% of the network of Medis polyclinics to RGS Med-Invest, the company of the former co-owner of the Rosgosstrakh group Danila Khachaturova, and in exchange received 2.89% in Med-Invest, as a result, its share increased to 3.89%. The cost of the Medis network was 1.12 billion rubles, and the price of this share of Med-Invest was 106 million rubles, such information is given in the lawsuit of Rosgosstrakh based on the report of the appraiser Rusbusinessproekt. Based on the book value of Medis, the damage to the CSG amounted to 827.6 million rubles, according to the plaintiff, who is trying to invalidate the deal.
TASS, 02/01/2022, “The Ministry of Internal Affairs put the ex-general director of Capital Reinsurance on the international wanted list: “Rosgosstrakh” considered this share underestimated by eight times and disproportionate to the contribution made, the representative of the plaintiff said earlier at the court session, noting that the share in the company should have been at least 16.6%. The asset was sold for a minority stake in a holding company that “has never made a profit in its entire history,” a spokesman for the plaintiff said.
In addition, the company believes that Daur Jenia was a trustee Sergei Khachaturov, convicted of embezzlement, and became the general director of “Capital Reinsurance” by the decision of Khachaturov, not having sufficient qualifications. The third party in the case was the Central Bank of the Russian Federation, which since 2017 has been the ultimate beneficiary of Rosgosstrakh. — Inset K.ru
Danil Khachaturov In the first instance, Rosgosstrakh won the case, but the two subsequent ones, appeal and cassation, considered that Rosgosstrakh did not prove Jenia’s bad faith in making this transaction and did not substantiate the amount of damage caused. In this regard, the co-owner of Alfa-Bank, which entered into a partnership agreement with the CSG, Petr Aven wrote to Vladimir Putin and criticized in this letter the decisions of the courts, accusing them of ignoring the fundamentals of the law, reported “Vedomosti”. The President redirected the letter to the then Prosecutor General Yuri Chaika.
After that, in September 2019, the case was sent for review. In August 2020, the Moscow Arbitration Court satisfied the claim of the CSG against Jenia for the recovery of 1.1 billion rubles. as damages.
Vedomosti.Ru, 08/26/2020, “The court recovered 1.1 billion rubles from the ex-head of the subsidiary of Rosgosstrakh”: Initially, the claims against Jenia amounted to 546 million rubles, follows from a copy of the statement of claim (available to Vedomosti). Then the plaintiffs decided to recover the book value of Medis, then the difference between the market value of 100% of Medis LLC and the market value of 2.89% of Med Invest LLC was added to the claims, a representative of A1 explained to Vedomosti. Thus, the amount almost doubled – from 546 million to 1 billion 81 million rubles. — Inset K.ru
Pravo.Ru, 02/01/2022, “The ex-head of Capital-Reinsurance was put on the international wanted list”: ASGM noted that Daur Jenia served as CEO for less than a month, but concluded agreements for 2 billion rubles on behalf of Capital Re, with 1 billion rubles. funds and assets from the company’s accounts went down. According to the first instance, this spoke of unfair and unreasonable actions of the defendant.
The 9th AAS did not agree with these conclusions. Jenia acted in pursuance of the shareholders’ decision, the court said. An attempt to make him personally responsible for these decisions is an abuse of the right.
Judge Elena Bashlakova-Nikolaeva found in the case file that there had been intergroup relations between all the participants in the lawsuit for more than ten years, in which assets were redistributed not according to their market value.
The 9th AAS did not see a conflict of interest with Kapital Re on the part of Jenia and other signs of the director’s dishonesty. For other transactions that he approved, there are court decisions recognizing them as normal business activities (№ А40-189031/2018). — Inset K.ru
The transaction for the transfer of the RGS to Otkrytiye took place shortly before the reorganization of the bank in August 2017. The bank received not only the parent company, but also other assets, including Capital Re and KS-Holding. Until the rights to them were transferred to Otkritie, Khachaturov had control over them, it was noted in the claim of the CSG. As a result, before the transfer of the insurance company to the bank, transactions were made “to the benefit of the companies that remained under its control, and to the detriment of the companies transferred to FC Otkritie”, consider in “Rosgosstrakh”.