Registered in Delaware PPF Management November 22 filed a lawsuit in the Court for the Southern District of New York with the requirements of $ 500 million to compensate for material and $ 250 million for moral damages for the loss of control over a large enterprise for the production of crushed stone - "Pavlovskgranitom". Sued - Sberbank, its predpravleniya German Gref, "Sberbank Capital" and its CEO Ashot Khachaturyanets, "NEO Centre" and its vice-president Oleg Gref, co-owner of the National Non-Metallic Company (NOC), Yuri Zhukov, as well as several legal and physical persons. Until March 28, the court takes the Response to the lawsuit and the first hearing will be on April 20, according to the materials of the case.
Until the end of 2009 the largest owner of "Pavlovskgranita" was Sergei Poymanov. But the company is credited to the Savings Bank and was not able to service the debt. So in the end Poymanov lost their property. Businessman repeatedly tried to challenge it in the Russian courts, but to no avail. As a result, the right to claim it ceded PPF Management, according to the lawsuit. Poymanova representatives did not respond to questions "Vedomosti", including about who belongs and whose interests are represented by the PPF.
In Russia, another known PPF - Czech businessman Petr Kellner. Its representative claims that the company has nothing to do with this affair.
The plaintiff alleges that the defendants entered into a conspiracy to capture raider "Pavlovskgranita". The lawsuit describes the history of the case. In 2008, the Savings Bank granted a loan of 5.1 billion rubles. ($ 215 million at the exchange rate for 2008) Poymanova to buy 48% stake of its partner Sergey Mamedov. Then "Pavlovskgranit" was estimated at 13.4 billion rubles., Evaluation of the Savings Bank ordered the "NEO Centre". Poymanov also gave a personal guarantee. In July 2009, the company Poymanova unable to service the debt. And in November, Sberbank would refinance it at a rate of 14.9% per annum. In this condition of the deal was the sale of 51% "Pavlovskgranita" "Sberbank Capital" for 1 million rubles. Poymanov received an option to purchase this package for 350 million rubles. It is on these conditions are not accepted, and in March 2010, the Savings Bank demanded repayment of the remaining debt - 4.5 billion rubles.
In early 2010, Zhukov proposed Poymanova combine assets with NOC. He also promised to settle claims and Sberbank "to refinance debt on favorable terms." Poymanov from the transaction refused, and the Savings Bank transferred all rights to claim debt "Sberbank Capital". Last sold shares in "Pavlovskgranit" under the hammer. Buyers, according to a lawsuit, were affiliated with the NOCs Zhukova and gained credit for the purchase of assets in the Savings Bank on preferential terms. PPF says that it was a planned raider attack. Thus, the plaintiff argues that the documents on the sale of shares in offshore companies Zhukov appeared before the auctions held themselves.
In parallel with May 2010 in respect of Poymanova organized "campaign of harassment and intimidation," said the lawsuit, filed several administrative and criminal proceedings on suspicion of "Pavlovskgranita" in premeditated bankruptcy.
In August 2016 the TFR transferred to the prosecution criminal proceedings against Poymanova, he was charged with abuse of power in the organization of the resale of a concrete plant in Voronezh for damages in the amount of 10 million rubles. In parallel, the Moscow Region Arbitration Poymanova declared bankrupt and brought in respect of its property implementation process. Personal businessman debt to creditors is estimated at more than 3 billion rubles., Wrote in August 2016, "Kommersant".
Sberbank lawyers in all cases act in accordance with the current legislation assures a bank representative. "We have not received lawsuit, but had heard about its existence", - said Vice President for Legal Issues NOC Vladimir Pozniak. From other comments he refused. Zhukov himself was also a defendant in a criminal case on suspicion of forcing Poymanova to the transaction (Art. 1, Art. 179 of the Criminal Code) and was even arrested in 2014. But later the charges against him were dropped.
Close to Sberbank man recalls that the original loan was granted bail the company's shares and personal guarantee Poymanova. When the debt is no longer maintained, and negotiations have not been successful restructuring, Poymanov, according to him, he tried to challenge the agreement of personal surety. They also increased the authorized capital of a number belonged to the group of "Pavlovskgranita" legal entities and profit center group was shifted to the trading house controlled entities Poymanova, says the source "Vedomosti".
He assures that the bank acted according to standard procedure and nothing is broken. First, the debt problem has been recognized and transferred to the "Sberbank Capital". He has achieved recovery actions through the courts and sold them. This is one of the standard ways of working with troubled assets and the transaction was completed with a small discount at the end of 2011, claims the source "Vedomosti". Since then, neither the Bank nor any of its subsidiaries related to further litigation around "Pavlovskgranita" did not have, he says.
Partners BMS Law Firm Denis Frolov KIAP Anton Samohvalov skeptical about the prospects of the claim. They note that all of the many facts described in the complaint have to reinforce the testimony. Bring to the same cause as many people will be very difficult. The more that the evidence can be used against the very same witnesses indicates Samohvalov.
Westside Advisors Partner Sergey Vodolagin, on the contrary, believes that the PPF has a chance of success in a US court.
In any case, one should not expect a quick decision of the court, the lawyers point.
This case presents a serious danger to the defendants. After all, in case of loss to avoid foreclosure $ 750 million will be very difficult, says partner of Marks & Sokolov Sergei Sokolov. PPF will search and seize assets, real estate and shares of subsidiaries and then to pay penalties on them, says the lawyer. The same Sberbank with high probability owns assets in the United States. So the decision of the court in respect of its whole or in part can be done, says Sokolov. I agree with him and Vodolagin: "Technical problems for the recovery should not be."
Second on the market
In 2011, "Pavlovskgranit" got 7 million cubic meters. meters of rubble and took on this indicator 2nd place in Russia after the first non-metal-controlled Russian Railways company (10.5 million cu. m). In the first half of 2012 revenues "Pavlovskgranita" was 1.5 billion rubles, net profit -. 99.3 million rubles. Now, according to the PPF, its assets belong to the NOCs. The representative of the latter is not commenting.