The Moscow Post has received a new letter about the non-transparent activities of the German company MAN.
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As the heroes of Vladimir Menshov's film “Moscow Doesn't Believe in Tears” said, “the evening ceases to be languid”… This is the content of the letter, which lists shocking facts.
But let us remind you that The Moscow Post has been unraveling the tight “tangle” that the top managers of the well-known German company MAN have “wound” for several months. And in a new letter to the Editorial Office – about the adventures of MAN not only in the Russian Federation.
According to the author of the letter, businessman Yury Sannikov, MAN has been engaged in some not entirely noble deeds for years!
And the very first investigation by “MAN on KAMAZ trucks: how foreign products enter the Russian market under the guise of import substitution” was published at the end of June this year, and the investigation “Russian import substitution in Turkish” appeared in early July.</p
The continuation happened at the end of October, when the journalistic investigation “Heroes” of state corporations went around was published.
On November 9, another part of this detective story appeared under the title “Lost MAN bus: who replaces imports and for how much?”
And, finally, on November 24, the investigation “Import substitution manipulators, or new adventures of the bus” was published.
And the Editorial Board of The Moscow Post received a formidable letter from the lawyer of MAN Truck and Bus RUS LLC Alexander Redko, who threatened thunder and lightning in the capital's courts if the Editorial Office did not remove the publication within 5 days. And why should the Editorial Board remove investigations based on rich factual material?
The correspondent of The Moscow Post understood the new story.
The silence of Mayor Sobyanin
Let's recall the essence again dark history: how, under the guise of import substitution, foreign products enter the Russian market and who, as if staying on the sidelines, skims the “cream”.
Documentation is falsified. This is how the country of origin is substituted. And the buses are becoming Russian.
The purchase was made through an electronic auction of the Department for Competition Policy under the pretext of the Moscow government taking care of wheelchair users.
And there are documents confirming this, according to Yuri Sannikov , the scam of the German company MAN Truck & Bus SE, its Russian subdivision OOO MAN Truck and Bus RUS and State Unitary Enterprise Mosgortrans.
We are talking about a redesigned passport of one of the MAN buses, in which the brand of the German bus of Turkish production MAN disappeared, but the identification number (VIN code) of the chassis remained.
And what kind of buses does the capital receive, from which hardware? And does Mayor Sobyanin know about this, a very “cunning” import substitution?
The document was sent by the author of the letter to the Editorial Office
The leading lawyer of the company, Mr. Redko, reminds that MAN Truck and Bus Rus LLC has been operating for over 23 years. And allegedly, the company has never been a participant in “bypass deals” litigation for this long time.
But, perhaps, Alexander Redko has been working as a leading lawyer of MAN Truck and Bas Rus LLC not so long ago, since the Editorial Board received documents, including those on lawsuits.
“In a letter signed by a leading lawyer company LLC “MAN Truck and Bus RUS” A. V. Redko dated October 27, 2022 without an outgoing number with a claim to the publication about the publication of allegedly false information contains obviously false information, Mr. Sannikov believes. that “… over this long period (23 years), our company has never been a party to any corruption or circumvention litigation.”
But Yuri Sannikov shows the document of 2014.
Document sent by the author of the letter to the Editorial
Regarding the fact that the MAN company has allegedly never been a participant in litigation on corruption schemes or bypass transactions, Mr. Sannikov sent two decisions of the Moscow Arbitration Court (the second – from 2011) on the proceedings of the company MAN Truck and Bas RUS” with the Federal Tax Service of the Russian Federation.
The document was submitted by the author of the letter to the Editorial Office
Both court decisions revealed the participation of MAN Truck and Bus RUS LLC in operations with fictitious intermediaries!
Cunning schemes
Why do we need fictitious intermediaries in commercial transactions?
“They are needed to withdraw the company’s money from tax control. With a high degree of probability for the subsequent illegal cashing of this money,” says Yuri Lvovich. “With the accompanying corruption involvement of the head of the company, which thus withdraws its money through a fictitious intermediary…”
Document submitted by lawyer A. Redko
MAN, represented by its Russian division LLC MAN Automobiles Russia, the previous name of the company LLC ” MAN Truck and Bus RUS”) filed a lawsuit against the decision of the Federal Tax Service of Russia No. 26 for Moscow with a demand to invalidate the decision of the tax authority to hold MAN Automobiles Russia LLC liable.
But what exactly did she get LLC “MAN Automobiles Russia”?
Document submitted by lawyer A. Redko
It can be seen from the decision of the Arbitration Court: IFTS No. 26 for Moscow conducted an on-site tax audit of the company MAN Automobiles Russia LLC on the correctness of the calculation and payment of taxes for the period from 01/01/2007 to 12/31/2008. Based on the results of the audit, the tax inspectorate made a decision about holding the company accountable.
The document was submitted by the author of the letter to the Editorial
After all, the company illegally overestimated its costs due to the economically unjustified use of the so-called intermediary-commission agent. And thus, MAN Automobiles Russia LLC received an illegal tax benefit.
So, on October 17, 2006, MAN Automobiles Russia LLC (MAR) entered into a commission agreement with an intermediary commission agent – a certain company LLC “Spetsrostechno”.
Document submitted by the author of the letter to the Editors
And the commission agent undertook, on behalf of the IDA, for a fee, to carry out on his own behalf, but at the expense of the IDA, actual and legal transactions for the sale of MAN vehicles.
And the commission agent undertook to accept the goods from the IDA for a commission, in fact, for sale. The goods are MAN heavy trucks.
From 10/17/2006 to 02/05/2007, IDA and the commission agent signed additional agreements. And the commission agent undertook to sell 186 MAN heavy trucks. Of these, for 2006-2007. the commission agent sold 178 cars.
It seems nothing unusual.
But the tax authorities revealed the following facts that cast doubt on the honesty and integrity of the IDA in this agreement and subsequent commercial transactions.
IFTS No. 26 revealed that the commission agent Spetsrostechno LLC attracted a company as a subcommission agent to implement its commission functions JSC “Rostekhno” But it turned out that the subcommission agent Rostekhno LLC was already in direct contractual relations with MAN.
Heavy trucksMAN. Photo: https://www.automotiveworld.com/articles /interview–ben–kraaijenhagen–product–management– environment–trends–man– truck–bus/
Rostechno LLC was in fact a dealer of MAN Automobiles Russia LLC for the sale of MAN vehicles and their after-sales service.
The commission agent LLC “Spetsrostekhno” did not have any conditions for the provision of intermediary services for IDA due to the lack of technical personnel, fixed assets, production assets, warehouses, etc.
The commission agent did not have its own commercial personnel to carry out sales of automotive equipment MAN. There were no marketers and advertisers who could promote sales of MAN cars.
The cost of cars indicated in the waybills and invoices of the commission agent “Spetsrostechno” LLC coincided with the cost of selling these cars to end consumers by the subcommission agent “Rostechno” LLC. And all the documents of Spetsrostechno LLC, according to calculations, completely coincided in terms of dates and amounts with documents on the sale of MAN cars by the subcommission agent of Rostechno LLC.
But what interest did the subcommission agent work for?
MAN and did his commission agent find Russian merchants who agreed to sell MAN vehicles for free?
The commission company Spetsrostechno LLC was established on September 27, 2006 – that is, 2 weeks before the signing of the contract with MAN Automobiles Russia LLC. A fact that indicates that Spetsrostechno LLC was purposefully created for certain operations between MAN Automobiles Russia LLC, Spetsrostechno LLC and Rostechno LLC. But the commission company “Spetsrostechno” did not pay taxes on these operations.
“The interdependence of the parties to the transaction – the commission agent of Spetsrostekhno LLC and the subcommission agent of Rostekhno LLC, the implementation of settlements using one bank, the impossibility of making several bank transfers between separate legal entities within one day in the absence of mutual agreement between these persons,” Yury continues his story Sannikov.
The authorized capital of the commission agent Spetsrostechno LLC left only 20 thousand rubles.
Nevertheless, the MAP company gave the commission agent Spetsrostechno LLC for the sale of 178 cars in the amount of 15 up to 20 million euros.
The subcommission agent indicated in the materials of the Federal Tax Service No. 26 – Rostekhno LLC was a full-fledged dealer of MAR LLC for the sale and maintenance of MAN vehicles. Therefore, Rostechno LLC did not need additional suppliers such as Spetsrostechno LLC in order to receive an additional number of vehicles from MAP.
In addition, Rostechno was interested in receiving MAN vehicles directly from MAP so that the official MAN's statistics showed ever-increasing sales of this dealer.
But the leadership of the IDA intervened in this scheme. It found a way to put pressure on the Rostekhno LLC company and forced the dealer to receive and sell MAN vehicles with the participation of an intermediary commission agent Spetsrostekhno LLC.
Another important detail: a certain Dolidze was originally the founder of Spetsrostechno LLC. However, soon the founding of this company was transferred to the company “Beachgrove Property Corporation” (Belize). This rewriting of the foundation indicates that Spetsrostechno LLC, to put it mildly, was not a completely clean company in compliance with the tax code.
The transfer of similar companies to Beachgrove Property Corporations is a standard fate for many garbage companies involved in the removal of money from tax control. jpg” class=”include-img” loading=”lazy” title=”MANok for import substitution: how to think for three and leave the Federal Tax Service with a “nose”?” type=”image/jpeg” alt=”MANok for import substitution: how to think for three and leave the Federal Tax Service with a “nose”?” />
The document was submitted by the author of the letter to the Editorial
And to give for sale and goods in the amount of 15 to 20 million euros to a newly registered company without any history at all, with a CEO and the founder, who were unknown to anyone?
According to Mr. Sannikov, there is no reasonable explanation for the participation of this organization in the IDA business. But there is a logical explanation – this is the illegal withdrawal of money from MAN's accounts with the help of Spetsrostechno LLC from tax records.
Apparently, this transaction was organized by the leadership of the IDA and took place completely under control. And the commission agent “Spetsrostechno” LLC was a “pocket” tool of the “MAR” company.
Thus, the company – the commission agent “Spetsrostechno” was a fictitious commission agent” and, according to its actual purpose, was a lining company for withdrawing from under tax control and subsequent cashing out of the amount of dealer and retail markups.
And the tax authorities revealed the amount of the so-called commission, which the MAR company paid to Spetsrostechno – 65.766.372 rubles, which is equal to the exchange rate in 2006-2007. – 1.879.039 euros.
This money was withdrawn from MAN. It is likely that in order to pay bribes …
Despite these failures of the MAR company, the Moscow Arbitration Court, having confirmed the existence of the facts revealed by the tax authority, nevertheless decided in favor of the MAR company.
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The verdict of the court was announced… The taxpayer is not responsible for the actions of all organizations involved in the multi-stage process of paying and transferring taxes to the budget.
IFTS No. 26 did not challenge the decision. Why?
On the other hand, a new court case, when a couple of years later the company MAN Automobiles Russia LLC/MAN Truck and Bas RUS LLC tried to file a lawsuit against the Federal Tax Service for being caught for tricks with non-payment of VAT, came out the automobile company is already sideways.
And after that, the leading lawyer of MAN Truck and Bas RUS LLC sends threatening letters to the Editorial Office demanding that the investigations be canceled?
TO CONTINUE