Regarding the former management of FC Otkritie and an unidentified group of persons, a criminal case was instituted, Mikhail Zadornov, the board of the bank, told Vedomosti. The investigative committee opened a case in the spring of 2018 after contacting the prosecutor’s office of the temporary administration of FC Otkritie, he explained: “Now the investigation is under way”. Zadornov did not mention the names of the suspects and the article of the Criminal Code on which the case was filed. Representatives of the Investigative Committee and the Prosecutor General’s Office did not respond to requests from Vedomosti.
The case is connected with transactions that took place shortly before August 29, 2017, the Central Bank took “Otkrytie FC” to its Fund for the Consolidation of the Banking Sector. 20 days before, the bank bought bonds of O1 Group Finance, SP1-companies of O1 Group, Boris Mints. With this money, the O1 Group and its related companies repaid loans at Otkritie FC ahead of schedule and repurchased bonds under repurchase agreements, according to a resolution of Moscow arbitration.
O1 Group Finance placed five issues of bonds for 87 billion rubles, default was declared on three of them. On the balance of FC Otkrytie paper appeared to issue 40 billion rubles. maturing in 2032 - until then, under the terms of the issue of payments is not expected. The last deal with these securities on the Moscow Exchange took place a year ago.
Chairman of the Board of FC Otkritie
Every year we will leave ourselves and invite investors to demonstrate the results of FC Otkritie. There are two financial centers in the world: London and New York. Go there and go
The bank disputed these transactions. “We have already won two courts, two instances - by replacing loans with collateral 34 billion rubles. on the balance of FC Otkrytie on the paper structures of the O1 Group. The same operation for 22 billion rubles. was held on the balance of "Bank Growth", - said Zadornov.
In such cases, the investigation has to prove who actually stood behind the deal, and not just signed certain agreements, says partner Rustam Kurmaev and partners Dmitry Gorbunov. Although both can be brought to justice, he notes: “As a rule, participants in such transactions can be prosecuted under articles on abuse of authority, fraud or embezzlement, each of which is punished with up to 10 years in prison.”
Representatives of the Central Bank, Otkrytie Holding (which before the reorganization included Otkritie FC) and the O1 Group did not respond to requests.
“In similar situations, when pledges of liquid assets were terminated on the eve of the reorganization or bankruptcy of a bank, the courts often recognized such transactions as void for reasons of abuse of the right. There are significantly fewer situations when the rationality and soundness of the transaction were confirmed, ”said Alexander Zablotskis, head of the legal department of A1, in practice.
By its decision, the Moscow Arbitration Court restored the bank’s right to a 35% stake in O1 Properties, a major owner of class A business centers in Moscow. Now the main shareholder (61.2%) is Cypriot Riverstretch Trading & Investments (RT & I): she received this package in July 2018 for the debts of the O1 Group. The Mintsa company took out a loan at the Moscow Credit Bank, and as a result, this debt turned out to be from RT & I. According to Zadornov, Otkritie FC interacts with RT & I. RT & I did not respond to the request.