In the criminal case of co-owner of the Suma group Ziyavudin Magomedov, his brother Magomed and ex-director of Intex company Artur Maxidov, who are accused of creating a criminal community to steal budget funds, a new person appeared. He became the CFO of the ADG group Alexander Kabanov, who previously worked as vice president for finance for the investment company Summa Capital. He is charged with involvement in the theft of about 1 billion rubles. Meanwhile, the brothers Magomedov and Maksidov, the court extended the term of detention until November 5, and the seizure of their assets was also found lawful.
On Wednesday, the Moscow City Court and the Tverskoy District Court of the capital, alternately with a difference of several hours, considered petitions related to the high-profile criminal case of Ziyavudin and Magomed Magomedov and Artur Maxidov. Appeals of the city court appealed to lawyers of persons under investigation with a complaint about the arrest of assets of businessmen and their accounts. In particular, it was about the accounts of more than three dozen companies, which, according to law enforcers, are controlled by Mr. Magomedov. Mostly, the lawyers challenged the reasonableness of the arrests by the first instance court of the accounts of the companies belonging to Fesco (the strategic asset of Sumy), the Far Eastern Shipping Company, the Vladivostok Commercial Sea Port, TK Terminal, TK-Logistics, M-Porta , The National Container Company, the Far Eastern Grain Terminal. Ziyavudin Magomedov, recall, until recently was chairman of the board of directors of Fesco, and "Summa" owned 32.5% of the company.
Before the meeting, there was a squabble between lawyers and a representative of the Prosecutor General's Office. Defenders complained that the supervisory authority "indulges in any, even not in accordance with the law requirements of the investigator Nikolai Budilo", the investigator. On the assurances of lawyers, the investigator refuses to consider petitions for the removal of arrest from the accounts of companies to pay salaries to their employees, warns about the scheduled court hearings "15 minutes before their commencement," etc. The prosecutor proposed to postpone the discussion to the courtroom.
At the meeting, lawyers insisted that the investigation, contrary to the norms of the Criminal Procedure Code, did not submit to the district court evidence of "operational control" or corporate links between Fesco structures and investigators, and that companies were used "as an instrument of crime or for financing a criminal group".
All these statements, said the lawyer Svetlana Maltseva, are based on operational information, "built on the principle of" one woman said. " In turn, her colleague Daniil Sidorov noted that the arrest of accounts of Fesco enterprises will not only lead to the non-payment of 2.8 billion rubles. taxes, but also to mass performances of 4,600 "dockers and ordinary movers who are not paid in May and can not go on vacation in the summer with their families." In addition, Mr. Sidorov stressed, Fesco companies provide a program of northern delivery, which due to the arrest of their accounts may collapse this year.
Emotional was the appearance in court of a representative of OJSC "Surovikinskiy elevator" (SE). He assured the court that his company has nothing to do with the brothers Magomedov, who are not shareholders of the SE and did not belong to its governing bodies. According to the representative of the elevator, 100% of his company belong to the United Grain Company (OZK), in which Rosimushchestvo owns a controlling stake, and the state is represented by the Deputy Minister of Agriculture, who heads the board of directors of the OC. "The investigation believes that the deputy minister was subordinate to Magomedov?" The representative of the elevator asked.
In response, the representative of the Interior Ministry's investigative department, Ekaterina Emelyanova, stated that the investigation has information on the control of investigators about all enterprises whose accounts were arrested - through proxies, relatives, offshore companies, etc. "This is confirmed not only by ORM data, but and interrogation of witnesses, results of excavations and other materials of the case, "the investigator noted. She also added that if the application for lifting the arrest was duly executed, then the investigator would certainly consider it, as was the case with the Far Eastern grain terminal, whose arrest had already been withdrawn, "since there were legitimate reasons."
As a result, the Moscow City Court found the investigation's arguments more substantiated and dismissed the complaints of lawyers, leaving more than 30 companies under arrest.
In the Tver court, where in the afternoon the applications for extension of the terms of arrest to the investigators were examined, the position of the investigation was represented by Nikolay Budilo himself. He also reported on the appearance in business of a new person - former vice-president for finance of the investment company "Summa Capital", now the ADG group's financial director Alexander Kabanov. Recall, "Summa Capital" was the management company of the "Sum" group, and its co-owner and chairman of the board of directors was Ziyavudin Magomedov. According to "Kommersant", on July 30, Mr. Kabanov was charged under art. 210 of the Criminal Code of the Russian Federation (participation in a criminal association), his case has already been merged into one operation with the Magomedov brothers' case. Note that Mr. Kabanov ("Kommersant" reported this) was arrested by the Tver court earlier than the other defendants - February 8, 2018. He was charged with a separate episode - embezzlement of funds of FGC UES in the amount of 1 billion rubles during the work in Summa Capital. In Summa Capital, Mr. Kabanov was responsible for the conduct of financial and economic policy, the organization of the budget process, the formation of financial and management reporting.
In addition, during the meeting in the Tver court it became aware that the investigation was in absentia charged with participation in the OPS and went abroad Eldar Nagaplovu and Vyacheslav Kochetov, whose company participated in the construction of a 2018 World Cup stadium in Kaliningrad (the theft at the site are one from the key episodes of the investigation).
Requests for legal assistance, according to Mr. Budilo, the investigation sent to Cyprus, the Bahamas, the British Virgin Islands, because it is established that "Magomedov's business was built through offshore companies", whose owners were the guards and drivers of the arrested. In addition, the defendants have significant property abroad and send money there - "for example, their children in France." In this regard, the investigator predicted new arrests of property of the accused.
Recall that the owner of the "sum" Ziyavudin Magomedov and his brother Mohammed accused the investigative department of the Interior Ministry in the organization of a criminal community, kidnapped 2.5 billion rubles, and their co-defendant, former general director of the group "Amount" Company "Intex" Arthur Maksidom,. - in the theft of almost 669 million rubles. None of the defendants pleaded guilty.