On Saturday, July 1, the Judicial Collegium for Criminal Cases overturned the conviction of the court of first instance against Kairat Boranbayev in the case of embezzlement in the purchase of Russian gas, the ruling of the Judicial Collegium says, Interfax reports.
The convicts and their lawyers appealed that there were no initial data on the price at which the Russian side offered JSC Kaztransgaz to buy gas.
The resolution states that Kaztransgaz JSC bought gas from Asiagaz Chundzha LLP at a price of $167.32 to $176.98 per thousand cubic meters of gas.
The prosecution insisted that Kaztransgaz could have purchased gas from a Russian partner directly, and not through Asiagaz Chundzha. The explanation of the decision notes that the decision of the court of first instance was based on the assumption that there was a protocol of the meeting between Gazprom and KazMunayGas, where one of the points allegedly determined the sale price of $145 per thousand cubic meters of gas. The difference in price is charged as theft by inflating the price of gas. The judicial board noted that the original of this protocol was missing.
“The protocol does not indicate the names of the signatories. The persons who allegedly signed it, according to the prosecution, have not been interrogated in the case and the fact of its existence has not been confirmed, ”the board’s resolution says.
It has also not been confirmed that it existed. The electronic copy of the draft of this protocol, seized from the correspondence of employees of Kaztransgaz JSC, was considered by the judicial board to be insufficient to prove the authenticity of the document.
The panel decided that the verdict was handed down in violation of the law, and the court’s conclusions about Boranbaev’s guilt were based on assumptions. Inadmissible evidence has been used that has not been analyzed, compared for reliability, and not supported by other objective evidence.
The criminal case will be considered on July 29 on appeal according to the rules of the court of first instance. The measure of restraint for the defendants in the form of detention was left the same.
Kazakh businessman Kairat Boranbaev March 31 spoke in court with the final word. In his appeal to the court, he quoted the words of the President of the country Kassym-Jomart Tokayev that it is important for every citizen to be confident in the protection of their rights, not to doubt the fairness of the courts.
The businessman stressed that his business is purely commercial in nature. He stated that he considered the deal between AsiaGazChunja and Qazaq Gaz to be commercial and legal. And in this he could be mistaken. At the same time, Boranbayev noted that if material damage was caused to the state and the Qazaq Gaz company, then it was fully compensated. Therefore, he expects a fair decision of the court.
On March 31, convicts Kairat Boranbaev, Roman Nakhanov and Tayyr Zhanuzak were found guilty of embezzlement and money laundering. All were sentenced to eight years in prison with confiscation of property.
As a reminder, March 17, 2022 was arrested and placed in a temporary detention facility, an entrepreneur, a former matchmaker of the family Nazarbayev Kairat Boranbaev, on suspicion of embezzlement of public funds on an especially large scale in the quasi-public sector.
In September 2022, the investigation into the case was completed. On December 30, the trial began in Astana. Earlier, the prosecutor said that in order to legalize the proceeds of crime, Boranbayev and Nakhanov withdrew about 4.8 billion tenge from AsiaGazChunja LLP. Kairat Boranbaev reimbursed the company for all material damage.
IA “RBC”, 03/31/2022, “A businessman from Nazarbayev’s entourage was sentenced to eight years for embezzlement”: The defendants in the case are also Roman Nakhanov (together with Boranbaev, co-founder of AsiaGazChunja), former deputy head of the board of QazaqGaz Januzaku Taiyru and former managing director of the state oil company KazMunayGas Ibulla Serdi (investigation thinks his organizer of the embezzlement scheme and separated the case into a separate proceeding, he was put on the wanted list). The prosecution stated that, according to the examination, the difference between the cost of the gas purchased by QazaqGaz and the same gas purchased by AsiaGazChunja from Gazprom-Export amounted to 14.5 billion tenge (about 2.48 billion rubles). According to the prosecutor, overpricing made it possible to create conditions for the theft of funds belonging to the state-owned company. As a result, according to the prosecution, the money was withdrawn, and then legalized by paying dividends to AsiaGazChunja. According to investigators, Boranbaev received 4.8 billion tenge (about 820 million rubles).
Boranbaev during the investigation declared, which does not agree with the charges and called the sale of gas an ordinary deal, “where everyone got their own benefit.” In addition, he linked his case to the protests in Kazakhstan in early 2022. “I understand very well that the events of January affected all those who are family. I am one of them, you all know it very well,” he said.
Boranbaev’s daughter – Alima – in 2013 married the grandson of the first president of Kazakhstan Nursultan Nazarbayev – Aisultana. Last died in London in August 2020. British authorities tied up his death with drugs. — Inset K.ru
After the arrest of the businessman, the global fast food chain McDonald’s left the Kazakhstani market. Kairat Boranbaev claimsthat the main reason for this decision is problems with the supply of products. And the departure of McDonald’s from Kazakhstan is not connected with the criminal case against him. Later, the network started working under the brand “We are open”.
Kairat Boranbaev is the father of Alima Boranbaeva, the former daughter-in-law of the daughter of the first President of Kazakhstan, Nursultan Nazarbayev, Dariga Nazarbayeva. Boranbaev has worked with nearly 30 Kazakh companies in mining, manufacturing, gas, pharmaceuticals, cancer center construction, fast food chain development, and premium real estate development.
The businessman’s assets include Esentai Mall, Almaly and the Esentai Tower business center, hotels and fitness centers under construction in the Almaty foothills, industrial enterprises and much more. Boranbaev is ranked 14th in the list of the 50 richest businessmen in Kazakhstan. His fortune for 2021 was estimated at $590 million.
Ferghana.Ru, 03/15/2022, “KazTAG reported on the detention of oligarch Kairat Boranbaev in Almaty”: According to according to Forbes.kz as of October 2021, he owns the Esentai Tower business center and the Esentai Mall shopping and entertainment center on a parity basis with Serzhan Zhumashov. He is also the sole owner of the underground shopping center “Almaly” with a total area of 25 thousand square meters. m on Republic Square.
Kairat Boranbaev is a McDonald’s franchisee in Kazakhstan, Belarus and several regions of Russia. He also owns the Alex-Saryagash mineral water bottling company, Almaly Asset Management Company LLP, Kazakhstan Petrochemical Company Chemical Company LLP, KazTurboRemont Holding Company LLP. In addition, the businessman owns RR2 LLP, which manages Aparking paid parking lots in Almaty, the Fitnation fitness club chain, the Rakhat Palace hotel, 50% of the Esentai Mall, 50% of the Esentai Tower business center.
Together with Russian billionaire Viktor Kharitonin and other partners, he owns Karaganda Pharmaceutical Complex LLP, which bottles the Russian Sputnik-V vaccine against covid. Boranbayev is also the head of the Kairat football club. — Inset K.ru
@seryicard, 04.07.2023 09:52: According to available information, the owner of FC “Kairat” Kairat Boranbaev in the autumn, as a last resort, will be released from custody before the end of the year. It is expected that Kairat Sovetaevich will continue to do business and, in particular, the development of the Kairat football club. The only restriction is that he should not get into politics. — Inset K.ru
@off_shores, 29.03.2023 07:23: The former matchmaker of Dariga Nazarbayeva Kairat Boranbaev (his daughter was intermarried with the late Aisultan Nazarbayev) now can neither support those who remain in Moscow with his presence, nor join the party in Dubai – since mid-March last year he has been in jail on charges of major theft. But he continues to manage, through his assistants, the property accumulated in different countries. […]
Among the proposals for the sale of luxury housing in the suburbs appeared a house owned by Kairat Boranbaev. This is a three-story mansion in the cottage village of Pestovo. […] The house is really impressive: it is a three-storey wooden tower. Inside, there is a main living room with a fireplace and a Japanese-style second light, and a smaller second living room. On the second floor there are four bedrooms with individual bathrooms.
The total area of the house is 688 m², the plot area is almost 50 acres. For this property, they are now asking for 150 million rubles, which is about 900 million tenge. This house and land have been owned by Boranbaev since the end of 2009, according to Rosreestr data available to Vkhodka moryu. The property is registered with Consultinggas LLC, where the Kazakh oligarch is the founder and sole owner of the company. […]
In the neighborhood of their house are the mansions of two former deputies Khristenko at the Ministry of Industry Andrey Reus and Andrey Dementiev. Reus and Dementiev are business partners of Kairat Boranbaev in Kazakhstan. Together they owned the Karaganda pharmaceutical complex, where, among other things, the Sputnik V vaccine was bottled and the state spent billions of tenge to purchase it. — Inset K.ru
Locals know this court as the Hrušková sports center in the town of Sokolov. The site offers to book not only a tennis court, but also play squash, bowling, table tennis, billiards or lie down in the sauna.
After some time, the owner changed: in 2016, instead of the Cypriot Belliar Holdings, the full owner of the company became Kairat Boranbaev.
But let’s not forget about the Cyprus offshore. There is no formal evidence that its owner is Kairat Boranbaev. An extract from the commercial register states that the owner of Belliar Holdings is MarcuardTrust (Cyprus) Limited.
This company is known in the trust market – that is, companies that provide trust management services. MarcuardTrust, apart from Cyprus, has offices in Moscow, Zurich, London and Singapore.
A trust company is one of the most reliable ways to hide your affiliation with a particular asset. All the more valuable when such a connection is confirmed publicly. And that’s why.
Let’s talk in order.
Since 2007, the Swedish company Ostermalm Property Investment Fund AB has been investing in Jurmala and its surroundings. It is Swedish only by the place of registration and the name – its formal owner, the almost eponymous Maltese Ostermalm Property Investments Limited.
The owner of at least 63% of the Maltese Ostermalm Property is Russian-British businessman Igor Vozyakov, a former top manager of several large oil companies, including Lukoil and Transneft.
Since 2011, its structures begin to invest in the construction of a golf club near Jurmala, by 2013 it invests about €13 million – and a year later it leaves this business, transferring ownership to a certain Divertimento Investment AG from Switzerland.
And then everything is simple: the last company is the “daughter” of the Marcuard Trust. But since March 2018, the law of Latvia requires the indication of the ultimate beneficiary, which is why it was necessary to publish classified information.
But Divertimento Investment AG is no stranger to this business. The first investment in the amount of €6.1 million was received by the golf club through Kairat Boranbayev’s trust back in 2011. It turns out that Vozyakov was either a partner of Boranbaev, or initially acted in his interests.
If you look at the management of the three legal entities behind the golf club, the second version is confirmed.
These buildings stand next to each other, the third mansion in the same block is occupied by the consulate of the Russian Federation.
And then, judging by the financial statements, miracles begin to happen at Mignon II. The authorized capital is increased once again: up to 292 million crowns ($8 million). A fifty percent stake in the company is successively transferred to Embamunaigas, from it to Kazmunaigas Exploration Production JSC and further to Kazmunaigas-Service LLP.
Structures of Kazakh state-owned enterprises regularly invest in Mignon II. The contribution increases from 100 million kroons to 146 million (the value of the share in dollars also rises sharply due to the strengthening of the Czech crown).
At the same time, Kairat Boranbaev, on the contrary, withdraws money: formally, his share in the capital is the same 50%, or 146 million kroons, but in reality he invested only 47 million, that is, he owed about 99 million to his own company for several years.
What is the essence of this scheme? It can be assumed that Boranbaev, through investments from state-owned companies, was able to cover an expensive loan for the purchase of a mansion and a hotel, and invest the rest of the funds in the repair and development of this business.
It is known about the corruption cases of Babish: he renovated his country house with a grant from the European Union, presenting it as a renovation of a sanatorium. When the story was revealed, he declared his children mentally handicapped, and even kidnapped his own son, hiding him in the Crimea. Last year, record-breaking rallies for Babiš’s resignation took place in Prague, but he managed to hold on to power.
But even super-rich by European standards, Babish could not afford an apartment in the central mansion, the pearl of the Bianca residence. His apartments are in a new building next door.
The mansion has a chic entrance, the Croatian flag flutters on the terrace: one of the apartments in the building belongs to the diplomatic department of this country. But the apartment of the Croatian ambassador, judging by the extract from the cadastre, is two and a half times smaller than the possessions of Kairat Boranbaev.
Both apartments are two-story: they occupy the first and second floors of the mansion.
The large one has an area of 505 m², although three terraces account for almost 150 m². The rest of the area is divided into the lobby, kitchen, salon, living room, two offices, two bedrooms and two bathrooms, stairs, many storage rooms and office space.
The smaller apartments are “only” 154 m²: one bedroom, living room, bathroom and kitchen. The balcony is the same and also relatively modest – 9 m².
Included with this property is a share in the underground parking.
The expert who conducted the appraisal called the total value of this property: 51 million kroons, or $2.6 million at the exchange rate for November 2013.
The car of 2004 of release at the time of sale had run only 7.4 thousand kilometers. When transferred to the balance sheet, it was estimated at 1.4 million kroons, and the same amount was charged on top for repairs and maintenance (total $ 140,000).
It is noteworthy that Kairat Boranbaev indicated not only the house on Dostyk Avenue in Almaty as his main addresses, but also the same mansion in Virginia Waters, which was discovered earlier by Access to the Sea.
In total, at least ten apartments in The Knightsbridge Apartments belong to people from Kazakhstan, and the total value of this property can range from £65 to £105 million.
In great company
The house, in which dozens of immigrants from the CIS countries live, and more than half of the apartments are registered with anonymous offshore companies, could not help but be interested in investigative journalists. The OCCRP consortium, like Way to the Sea, studied the list of owners and found apartments bought with money from the Odessa mafia.
“Three porters in traditional top hats greet residents and visitors as they enter the luxurious high-rise building at 199 Knightsbridge Road in central London. From here you have a magnificent view of the famous Hyde Park. A few steps away is the Harrods department store, which is so loved by wealthy immigrants from former Soviet countries. The first floor is occupied by a huge lobby with chic sofas, then there is a 20-meter swimming pool, spa, sauna and gym,” journalists describe their visit to the residence.
They tried to contact Anya Angert, daughter Alexandra Angert, “don dons” of Odessa in the 90s and “oil mafia” – she owns three apartments in The Knightsbridge Apartments. In his gang was Gennady Trukhanovwho later became the mayor of Odessa.
In the same building, the Angerts own three more apartments, according to OCCRP investigators.