Alexey Hotin was detained on April 19 and placed under house arrest until June 18. A criminal case on embezzlement of 7.5 billion rubles. (Part 4. Article. 160 of the Criminal Code). On April 22, in the same case, the former directors and president of the Yugra bank Dmitry Shilyaev and Alexey Nefedov were placed under house arrest, a representative of the Basmanny court said.
In the beginning was the word
Khotyn is suspected of embezzling funds from "Ugra"; in his detention, the FSB helped the Investigation Committee (TFR). It was there that the Ugra bankruptcy trustee addressed - Deposit Insurance Agency (DIA); “Vedomosti” got acquainted with his letter to the FSB. The representative of the DIA confirmed the fact of sending such a letter and its contents.
The statement of the DIA was preceded by a letter from President of the Central Bank Elvira Nabiullina to President Vladimir Putin, said a person who saw the list of documents on this criminal case. The TFR attached to the application for the arrest of Khotin a certain letter to Nabiullina, but its contents and the recipient were not disclosed at the trial, the RBC correspondent reported from the courtroom (among the documents was the letter of the DIA). The case is really initiated after a statement to the FSB by the DIA, which was initiated by the Central Bank and which was given a move “at the very top,” confirms a law enforcement officer. Presidential spokesman Dmitry Peskov asked Vedomosti whether Putin received a letter from Nabiullina and instructed the FSB to take action in connection with the situation around Ugra, replied: “We are not commenting.”
A representative of the Basmanny Court forwarded questions "Vedomosti" in the TFR. The representative of the TFR earlier told Vedomosti that the investigation will not disclose additional details of the case, and on Tuesday his phone did not answer. Requests to the Central Bank and the FSB remained unanswered. It was not possible to contact Khotin's lawyer Igor Mardirosov: the Moscow Center for Legal Assistance lawyers reported that he does not communicate with the media.
Credit. Pledge. Replacement
During the bankruptcy proceedings, the DIA revealed actions containing signs of a crime under Part 4 of Art. 160 of the Criminal Code, "expressed in the theft of property belonging to the bank under the guise of issuing loans to legal entities," the agency writes in the FSB. From December 29, 2016 to March 30, 2017, Ugra entered into lending agreements with Building Groups, Vostok, Glavtekhkomplekt and Kapstroi - the companies received 7.83 billion rubles, the letter says. This money was transferred to the company by Qayum Neft JSC opened in a bank and then used to its advantage, writes the DIA. After the revocation of the license from Ugra, the borrowers do not extinguish the debts, the document says, the size of the outstanding principal debt is 7.58 billion rubles. The loans were issued against collateral, but its liquidity does not guarantee the return of the debt, the letter says.
The loan for the Building Groups group was provided by Khortitsa, the construction of oil fields at the Multanovskoye field in the Khanty-Mansi Autonomous Area. But Khortitsa lost its license for this field, it follows from the DIA letter (according to the register of subsoil and licenses, in December 2017 the license was renewed to Multanovsky LLC).
The pledge on the loan of Glavtekhkomplekt was real estate owned by JSC Northern Star, Rentectate Group and Solorent.
These companies are affiliated with the beneficiary of “Ugra” Alexey Khotin, and the said real estate was provided to the bank as security for many other loans, the ACB reports, while the collateral value of the property is insufficient to secure the loan.
The two other loans were concluded contracts for the provision of guarantee deposits, but subsequently they were terminated, the agency indicates. The shares of CJSC Kirensk Neftegaz were also pledged as collateral for a loan to Vostok with a collateral value of 3.53 billion rubles, but their market value according to the appraisal report is 60 million rubles, DIA reports. It indicates that he has reason to believe that borrowers do not conduct financial and economic activities and do not possess property sufficient to repay the debt.
Under the guise of issuing loans, property was stolen from Ugra, the bank suffered damage of 5.8 billion rubles. - This is the amount of outstanding debt less collateral for 1.71 billion rubles., Sums up the DIA. The letter says that the credit agreements were signed by Shilyayev, and the transactions were approved by the credit committee, which included Nefedov and other managers.
Since 2013, Vostok has been owned by Cyprus-based Seneal International Agency Ltd, which Khotin controlled. This company owns Exillon Energy Plc, the beneficiary of Qayum Neft, DIA reports.
The tip of the iceberg
“This is not the only episode, the rest are in the work,” the representative of the DIA answered “Vedomosti” to the question why this episode was chosen to submit an application: there is an opinion of the state corporation’s lawyers.
“In practice it is very common that a case is initiated according to the most proven episode. After the case is opened, an investigative resource appears, and it becomes easier to prove other episodes. At the same time, the investigator can add episodes to the case that the baton system has not gone away for him, ”says Dmitry Gorbunov, partner of the law firm Rustam Kurmaev and Partners.
The size of Ugra’s loan portfolio exceeds 250 billion rubles, 99.9% of the debt has not been serviced for more than 1.5 years, a DIA representative describes the situation with the bankruptcy bank, 118.6 million rubles were received by April 1, out of which repaid voluntarily 3.1 million
“This is an extraordinary case when the bank does not serve almost the entire portfolio. Banks with a revoked license, as a rule, have a low portfolio quality - usually the technical companies, where the owners withdraw funds, usually stop servicing the debts. On average, the share of the portfolio that is not serviced is 30–60%, ”says Svetlana Tarnapolskaya, a partner of the Yukov and Partners Bar, which leads some courts in the interests of the DIA.
The collapse of "Ugra" was the largest in the history of Russia: payments to investors exceeded 170 billion rubles. The report of the temporary administration said that most of the assets of Ugra were loans to 133 companies for 264 billion rubles. Many large bank borrowers go bankrupt or liquidate.