When I was going on a business trip to Cambodia, I have not had a serious reason not to trust the investigator for particularly important cases of the Investigative Department of the Russian Interior Ministry Colonel Oleg Silchenko, who presented the head of the company «Mirax Group» Sergei Polonsky charges of fraud and embezzlement holders LCD "Kutuzov mile" . Doubts about the guilt Polonsky born after recording an interview with him, exploring the huge pile of documents, meetings with specialists and experts of the construction industry, lawyers and even some victims - real estate investors "Kutuzov mile".
In August of 2012, arrived in "Sheremetyevo" to go to Cambodia, Sergei Polonsky could hardly assume that in Russia, he will not be back soon, and his life will be very similar to the adventure novel. With the initiation of criminal proceedings in Russia and Cambodia. With chases on water and on land, accompanied by a warning shot. With anxious waiting for their fate unknown and torture in the prisons of Sihanoukville and Phnom Penh. With the mysterious disappearance from Cambodia after being released on ondpisku on his own recognizance, and the emergence in Israel. With the inclusion in the investigative Interpol database, with the flight from Israel and return to Cambodia. With the request for extradition and the refusal of the Royal Cambodian Court to grant the application on escorting the fugitive Russian developer in Moscow.
"New" is not just writing about criminal cases against Sergei Polonsky. And about Russia, and Cambodia.
The criminal case in Cambodia, because of which Polonsky was arrested on the eve of 2013, the accused in the attack on the sailors, is currently in the closing stages.
But the criminal case number 28163, instituted in Russia at the request of holders LCD "Kutuzov mile", is in limbo. It seems that the investigation is ongoing (at least in the media periodically thrown dosage information on the immediate actions of the investigator Silchenko). But two years to investigate such crimes - this is a very long time. During this time, it was possible to carry out all necessary investigations, to establish the truth and send materials to the court to issue verdict in absentia treats Polonsky. Unless, of course, the prosecution will support the accusation. But it seems that the investigators are not so sure. And, apparently, he is playing for time.
Who deceived shareholders "Kutuzov mile"?
According to lawyer Alexander Karabanova, the investigation is not interested in an objective and impartial investigation and transfer the case file to the court:
- It is likely that if a criminal case and get to the court, it will crumble during the process. And before Polonsky will have to apologize for the illegal criminal prosecution by giving him the right to rehabilitation.
In support of his version of the deliberate "sluggishness" investigation Karabanov reminded plot of the criminal case:
- The investigation alleges that Polonsky "... no later than August 2, 2004 entered into a preliminary agreement with the unidentified persons, advance planning intent in eight years to make the theft of funds from co-investors LCD complex" Kutuzov mile ".
Karabanov has no right to disclose the investigation documents, with whom he had the opportunity to read like a lawyerand Polonsky, but there are eighteen months ago the official press release of the Interior Ministry, which says: "SC« Mirax Group »- the investor of building two blocks in the Western district of Moscow drew as co-investors and contractors subsidiaries LLC" Avanta "and CJSC" Konkordiya- Asset management ", on whose behalf with individuals signed preliminary contracts for the sale of apartments. holders Investments totaled 5.781 billion rubles. However, the obligations for the construction of the residential complex to be implemented, and the funds withdrawn from the project. "
- The press release does not even mention that the investment contract LLC "Avanta" has listed the builder - JSC "FTSSR" - 2.531 billion rubles, - continues the lawyer.
- This amount is sufficient to meet its obligations to eighty real estate investors who made money for an apartment. Now, as part of the arbitration process between the LLC "Avanta" and CJSC "FTSSR" appointed official examination to determine the cost of apartments deceived investors. Simply put, Experimentyou need to calculate how much money was needed to fulfill the obligations to the specific eighty equity holders.
According Karabanova, expert institution chose the court to guarantee the objectivity of peer review, and, according to preliminary estimates, 2.5 billion rubles - the amount is more than enough to FTSSR built eighty apartments and provided housing real estate investors.
My question is, why do with real estate investors have collected much more - almost 6 billion Karabanov said:
- The added value has not been canceled. Any product, whether it is an apartment, car, clothing, or products for sale at the price at which the goods are purchased. No one is not surprised that, for example, vodka sold at a price ten times higher than the cost, why should cause bewilderment that the apartments were sold at a price twice as high as the cost?
In addition, according to Karabanova, all utilities LCD "Kutuzov mile" built by JSC "Fili-Real property", within the group «Mirax Group». These works have been spent about 2 billion rubles.
- Many homeand the complex has settled and all FTSSR not signed acts of acceptance of the executed works and does not recognize that utilities the entire complex has been spent is money collected by real estate investors, - says Karabanov.
Karabanov convinced that, if anyone has deceived shareholders, this is FTSSR and not Polonsky:
- What is FTSSR? This company, allegedly affiliated with the former vice-mayor of Moscow Valery Shantsev, - says the lawyer. - It's no secret that director Peter FTSSR Ivanov and Valery Shantsev friendly relations. And it seems that due to this relationship in 2002 FTSSR and the Moscow government signed an investment contract for the construction of a residential complex, later known as "Kutuzov mile".
According Karabanova, verification of documents, more than two years under the investment contract was almost no movement.
- Apparently, he realized that Ivanov with his FTSSR never build a residential complex, the then vice-mayor of Moscow Resin and Roslyak Polonsky and appealed to the request-offer to connect to theimplementation of the project. Perhaps it was a mistake Polonsky, that at that stage he had not even tried to exclude from the project FTSSR - recognizes Karabanov. - But in this company all the primary documents have been issued. And renewal could take a very long time, so something Polonsky and found that it is easier to give FTSSR five percent of finished apartments, and signed an agreement that Mirax Group becomes a co-investor in the project.
What happened to "Kutuzov mile"?
Arriving in Cambodia and reach the coastal town of Sihanoukville, stretched out on the coast of the Gulf of Siam South China Sea, I phoned to Polonsky. He reiterated that he was ready to answer any of my questions.
To record an interview with the disgraced developer, I had to hire a boat on the city's waterfront and go to the island of Koh-Dec-Kul, located three miles from the coastline. On the island was built three-story hotel in one of the rooms and living Polonsky.
The perimeter of the island is guarded round the clock armed with Kalashnikovs Cambodian army soldiers (not in the kingdomie structures like the Russian private security and private security companies, so Polonsky concluded an agreement on the protection of the island with the Armed Forces of the Kingdom of Cambodia). Polonsky said that he has reason to fear for his life. His physical elimination or disappearance would have pleased many. First of all those with whom he began litigation in the London court. (Names will not be called, each of the processes in London worthy of a separate publication, now it - only about the criminal case of theft of money "Kutuzov mile" holders.) In Russia, too, a lot of people for whom the return Polonsky home - is very undesirable.
The interview we recorded only on the third day of my stay on the island. Before that Polonsky showed me documents, audio and video recordings showed and told "not a tape recorder" about his life, including the fact that, according to his version, there was a "Kutuzov mile".
- We have built in a month, two hundred apartments, stealing eighty - it's stupid - Polonsky said in the beginning of the interview. - There has been a raidrsky grip. Mr. Ivanov came up with this scam, and in the midst of the 2008 financial crisis FTSSR we took this place. Ivanov was to receive five percent of the apartments, as everybody knows. Now he's going to get fifty percent.
The important point. According to investigators, Polonsky stole money holders "Kutuzov mile", accumulated in LLC "Avanta", transferring them to accounts under his control companies. But the investigation prefers not to mention that the money went not to offshore, not in Western banks and the accounts of Russian companies, as well as "Avanta" included in the Mirax Group. That is, it was the movement of money within the holding. If what is to blame and Polonsky, the misuse of funds holders. And it does not pull on the article of the Criminal Code.
From the help provided by Sergei Polonsky:
LCD "Kutuzov mile" - is ten properties with a total area of over 600,000 square meters of housing, which was part of the first stage area of 360 000 square meters (the 1st Corps -. 100 000 sq m, 2 nd and 3 rd Corps - 130 000 sq. m). At the time of termination of the contract with Corporationtion «Mirax Group», initiated by the builder - JSC "FTSSR" in the person of Peter Ivanov, the willingness of the 1st Corps was 95%, the 2nd Corps - 70% and the 3rd Corps - 30%.
- Eighty apartments - a total of 12 thousand square meters. And by the time criminal proceedings "Kutuzov mile" has already built 130 thousand square meters and all real estate investors could provide the apartment - says Polonsky. - I'm in the story is the same victim. It is not I stole it stolen from me a business project. Stolen, when he stood in the housing and the most difficult and time-consuming part of the work has already been done. For some reason, everyone is trying not to think that it was an investment project, which involved the government of Moscow. And their city 35% of apartments received. Not investing a dime.
It's true, the city is really a part of the square meters of housing was and has long been populated apartment.
- Well, I have stolen, but some people give the apartment - continues Polonsky. - No, I have arranged a hunt for me. No one wants to deal with. So you do not write ...
- Why did not napShem? - Interrupting Polonsky.
- Yes, because you are afraid! Who do I just not tell who is behind my prosecution, but once utter the name of Rothenberg, the conversation ends, it becomes "not interested" ... Although, if there is any doubt, you can at me sue for libel. And the court has already understand, I am right or wrong.
... And where Arkady Rotenberg?
- If you killed a man, which makes the investigation in the first place? Sets, who benefits from it - continues to Polonsky. - This question is appropriate to ask, and in the story of "Kutuzov mile" and the criminal case against me. This was advantageous - to select "Kutuzov mile" at Mirax Group? Who benefited from that against me excited criminal case and tried to silence, hidden away in jail, when I started to speak publicly about the raider seizure of the project? The answer is obvious. Who today completes "Kutuzov mile"? Who takes all the cream with the project, when, again, the most time-consuming and expensive part of the work has already been carried out and the project was ready by 70%?
- Arkady Rotenberg! And he controls the company GVSU "Center"! It's for anyone not a secret. Who finances GVSU? Savings! The hell with it, Polonsky "nakryachili". But give people the apartment. How can I play hockey with the President, when you have defrauded real estate investors? - In his characteristic manner Polonsky asks. - Should be ashamed.
It is fair to say that Arkady Rotenberg has no formal relationship to the GVSU "Center".
Little help. GVSU abbreviation stands for "Main vseregionalnoe construction management." The company was established in 1998 on the basis of the construction of central board of the Ministry of Defense of Russia, then changed owners several times. At the end of 2009, 97.03% GVSU moved into the property of the Savings Bank and have been decorated to a controlled state bank JSC "Proffinans". In early 2012, it has completed the sale of 74.5% "Proffinansa" the company "development-system", which became the owner of 72.29% of shares GVSU.
Ltd. "Development-operation" - a subsidiary company of the management company "Development", which, in St.th place, through a chain of firms owned by Cyprus offshore Tuber Trading. But the participants of the construction market attributed the Criminal Code "Development" Mikhail Cherkasov, vice-president of the Russian Judo Federation, a longtime friend and companion of another judoka - Arkady Rotenberg (for example, Cherkasov and Rothenberg owned 50% of the construction company "Parity", March 2011 half of the year the share was re Cherkasova Sergei Soloveitchik, while GSVU head of the board of directors).
At a time when the company "Development Story" has completed the acquisition of GSVU, portfolio of orders of the former Ministry of Defence building cupola was estimated at 1 million square meters. Of which 70% were in the contracts with the federal authorities and the Moscow mayor's office. For example, a contract with the Ministry of Defence for the construction of about 500 thousand square meters. m of housing in Balashikha or participate in the program of demolition of dilapidated housing in Moscow.
Even a cursory analysis of the projects to which the GSVU, says that the company is not taken for risky projects, preferring to work with state orders or projects where garantirovaat a profit. Therefore, we can assume that the project "Kutuzov mile" GSVU joined the company previously having considered carefully all risks. But "factor Polonsky" GSVU experts seem underestimated.
Since the end of 2011 Polonsky launched a massive campaign to return "Kutuzov mile" of the company «Mirax Group». It was not only shocking public events like hunger Polonsky at the construction site, but also a series of lawsuits.
We can assume that restlessness Polonsky and prevented new investor "Kutuzov mile", and irritated him. It was then, in respect of "unidentified persons" and was a criminal case of theft of money holders.
The fact that the criminal case against Polonsky, apparently, was still shadow the initiator, indirectly confirmed by one of the activists of shareholders "Kutuzov mile" - Sergey LaBute:
- The first statement the prosecutor's office, I wrote in the spring of 2010. And two years there has been no movement - said LaBute "New". - You have to unsubscribe, it's your problems, this dispute "economic entities", then there is no crime, contact the court. We are well aware that we have no prospects of excitation of criminal case. But the fact of the prosecutor's office - this was in some way a way to get the story into the public space, a kind of pressure factor primarily on the Moscow city government, which under the contract has received a third of the apartments, and now has no claims, because the city has not suffered, he its got.
In September 2012, the statements of shareholders, which previously has repeatedly audited and found nothing other than "a dispute of economic entities" were suddenly in demand. And September 11, 2012 was a criminal case number 28163.
It is important to note that the original investigation was opened against "unknown persons". A Polonsky indictment was only when he was about to return to Russia.
- In applying for Polonsky advertisement in the international search, the investigation has misled the court and Interpol claiming that the whereabouts of my fdzaschitnogo - not known - he told the "New" lawyer Alexander Karabanov. - This is despite the fact that Polonsky stands on the consular register at the Russian Embassy in the Kingdom of Cambodia.
* * *
Seeing me, Polonsky, unexpectedly for him, said sadly:
- Good for you, you fly in Russia. And I seem to be at liberty, but sitting here, like Robinson Crusoe, and can not travel outside of Cambodia ...
Do not condone Sergey Polonsky and do not claim the authenticity of all, what he said. If he is guilty of something, he must be punished. But an objective investigation. Taking into account all the circumstances. Without clipping the facts, documents and evidence which did not fit into the plot allegations.