The Moscow City Court began considering appeals from the founder of the Baring Vostok fund, Michael Calvey, his business partner Philippe Delpal, and three other partners convicted by the Meshchansky Court of embezzling 2.5 billion rubles. Bank Vostochny. However, due to the absence of the majority of the defendants at the trial, the judges decided purely organizational issues at the first meeting. Thus, it turned out that Messrs. Calvi and Delpal wanted to take part in the meeting, but could not enter Russia due to difficulties in obtaining visas. They left it even before the start of the NWO.
When all the lawyers were seated in the hall, it turned out that none of the foreigners – Michael Calvey and Philippe Delpal – were present. In place for the public was only the former general director of the “First Collection Bureau” Maxim Vladimirov, who immediately introduced himself to the presiding troika of judges. In relation to the rest of the convicts, the lawyers explained the situation.
Thus, Timofey Gridnev, Mr. Calvey’s lawyer, said that his client wishes to take part in the meetings and speak in person, however, due to recent events related to the SVO, he could not arrive in Russia from the UK on time, as he was having difficulty obtaining a visa. The defender of Philippe Delpal spoke in the same spirit, noting that he is now in France and also cannot come due to visa difficulties.
At the same time, the lawyer of the French citizen noted that although his client was familiar with the translations of the complaints of lawyers and other convicts filed with the Moscow City Court, he could not get acquainted with the minutes of the court sessions in the main case, since they were not translated into French. From this, Mr. Delpal asked the court to adjourn the meeting.
Timofey Gridnev explained that Michael Calvey had the right to move around the world: in January 2022, the court lifted the ban on certain actions against him (as well as Philippe Delpal). Therefore, the lawyer noted, one cannot say that he “ran away from Russia”.
According to him, after the verdict and the decision of the Second Cassation Court of General Jurisdiction, he continued to live in the Russian Federation for some time, and then went abroad on business. But in any case, he intends to take part in the hearing of the court of appeal.
Also, in the course of resolving organizational issues, it turned out that the lawyers of the director of Baring Vostok for investments, Ivan Zyuzin and Maxim Vladimirov, filed additional appeals on March 17, which other defenders of the convicts did not get acquainted with. By the way, Alexander Tsakunov, the former investment director of Vostochny Bank, and Vagan Abgaryan, a partner at Baring Vostok, did not file any appeals against the verdict with the Moscow City Court.
The judges adjourned consideration of complaints to 21 April. At the same time, the presiding judge asked the defenders of Philippe Delpal to control the issue of translating into French the minutes of the court sessions of the Meshchansky Court, which considered the merits of the embezzlement case.
Recall that on August 6, 2021, he sentenced six defendants in the Baring Vostok case, who were found guilty of embezzling 2.5 billion rubles. (part 4 of article 160 of the Criminal Code) of Vostochny Bank. At the same time, the Meshchansky Court appointed Michael Calvey five and a half years in prison, Philippe Delpal – four and a half years. Baring Vostok’s investment director Ivan Zyuzin was sentenced to five years, the company’s partner Vagan Abgaryan – to four and a half years, the ex-general director of the First Collection Bureau Maxim Vladimirov and the ex-director of Vostochny Bank for investments Alexander Tsakunov – to four years. The entire punishment turned out to be, as requested by the prosecution, conditional.
The investigation claims that Michael Calvey and Philippe Delpal, together with business partners, created an organized group in 2015 to embezzle funds from Vostochny Bank. Thus, Mr. Calvey, together with his accomplices, under the guise of replenishing the company’s working capital, organized the illegal issuance by the bank of the First Collection Bureau, controlled by him, of two obviously bad and unsecured loans totaling 2.5 billion rubles.
None of the defendants pleaded guilty.
“Michael Calvey is now following the ups and downs of his business from his homeland, from across the ocean,” Boris Titov, the presidential commissioner for the protection of entrepreneurs’ rights, said. “He left Russia a year ago, when this became possible after the removal of the injunction. Does Michael hope for an acquittal in the appellate court (I remind you that he was found guilty of embezzlement and given a five and a half year suspended sentence)? I don’t think so. It is customary to say about other people that an era has gone with them. Calvey is alive, thank God, but the era that began in 1994 with the formation of the Baring Vostok fund is no doubt over. And with all the unequivocal difficulties in relations between the States and Russia, I cannot say that I am happy about this. Baring Vostok gave fuel to dozens of worthy Russian companies and helped their development a lot.”
According to Mr. Titov, “even if the Moscow City Court now suddenly decides that Calvey was right in the dispute, it will, of course, be difficult for him to continue working. We have lost this ally ourselves.”