Malofeev demands $600 million from VTB because of Alisher Usmanov

The former largest private shareholder of Rostelecom Konstantin Malofeev intends to collect $ 600 million from VTB: due to the bank's lawsuit he failed to become a partner of Alisher Usmanov.
Konstantin Malofeev filed a lawsuit against the bank VTB in the London arbitration, told "Vedomosti" one of the participants of the previous proceedings between the parties in a British court. According to him, we are talking about compensation of $ 600 million gain, loss, according Malofeeva, due to the fact that "Rostelecom" (10.6%) belonged to him of ordinary shares was under arrest on VTB lawsuit and could not participate in the creation of holding Garsdale Alisher Usmanov. Malofeev confirmed this information and said that the lawsuit was filed in June 2013

VTB spokesman Vadim Sukhoverkhov did not comment on the suit Malofeeva.

Shares Malofeeva were under arrest by the decision of the High Court in London in August 2011. At the arrest of the British insisted "daughter" VTB has filed a lawsuit in London against the fund Malofeeva Marshal Capital Holdings Ltd., - it is required to compensate the damage caused, as stated in the lawsuit, fraud, which resulted in the approval of the loan agreement in November 2007 and the write-off from the accounts of the bank more than $ 225,050,000.

It is a loan provided by VTB in 2007, the company "Russagroprom "for the purchase of the company Nutritek six dairy companies. Almost immediately after the transaction "Russagroprom" ceased to repay the loan. The bank claimed for its assets, but their value was an order of magnitude lower than it was represented Nutritek. As a result, VTB came to the conclusion that both the seller and the buyer in the transaction "Russagroproma" and Nutritek controlled by one group - Marshall Capital.

British court in three instances denied VTB to satisfy this claim, ruling that the matter is out of his jurisdiction and should understand in Russia. Arrest with Malofeeva shares was lifted in February 2013

Meanwhile, in April 2012, "AF Telecom Holding" Alisher Usmanov and shareholders' Skartel "- Sergey Adoniev and the state corporation" Russian Technologies "(now called" Rostec ") - have signed a preliminary agreement to establish a joint company Garsdale, which were made to them telecom assets: 50% plus 1 share of "Megaphone" and 100% of the shares "Skartel". Managing telecom assets of Usmanov's USM Advisors CEO Ivan Streshinsky said then that subsequently to the co-ownersm new holding should join Konstantin Malofeev, making it a stake of "Rostelecom". Shares of "Rostelecom" then cost 140-150 rubles on the MICEX.

Garsdale was established in July 2012, but Malofeev it was not included. Streshinskiy explained this failure Malofeev one of the key conditions: 10,5% "Rostelecom" have not been released from custody. However, there was another reason - at the last minute score belonged Malofeev "Rostelecom" package fell sharply, then the familiar talked Malofeeva.

The parties separated in the valuation Malofeeva package: at the time of registration of the shares of "Rostelecom" transaction cost on the market by 50-60% cheaper than wanted to get Malofeev, explained Streshinskiy. By the time of the transaction ordinary share of "Rostelecom" cost less than 120 rubles.

In order to convince the English court that has lost the benefit of the failed transaction with Garsdale, Malofeev will have to prove that the transaction is in fact planned, said a senior lawyer corporate practice law firm Sameta Margarita Sologubenko. It is likely thatLondon judge is not satisfied with the published statements in the media by official representative Usmanov, but require that the court presented, for example, signed a memorandum of understanding, she warns. Finally, even if the loss of revenue will be proved, the plaintiff will have to prove its worth. In determining the size of the loss of profits, the court ensures that the plaintiff's position after the payment was not better than it was before he lost benefits Sologubenko explains.