The Dorogomilovsky court of Moscow began on December 12 to listen to the criminal case file of the former main owner of Rosgosstrakh PJSC (CSG) Sergey Khachaturov. The businessman and his long-time acquaintance Nadezhda Klepalskaya are accused of embezzlement and fraud with shares of the CSG and shares of the closed-end mutual investment fund Real Estate Nevsky on the eve of the change of ownership of the insurance company, as well as the laundering of funds received as a result of these criminal operations. The damage in the case exceeds 8 billion rubles, and the new owner of the OGK Discovery bank is recognized as the main victim of the actions of Messrs. Khachaturov and Klepalskaya.
The first trial began with a curiosity. Having finished establishing the identities of the accused, Judge Olga Bykovskaya announced the composition of the court to the parties, after which she addressed them with a duty phrase: “Are there any challenges?” The answer of the attorney Alexander Gofshtein “I definitely trust you” made the judge smile, but she immediately clarified: “Only me ? And what about the public prosecutor and my secretary? ”The lawyer, like his colleagues, barely restraining their laughter, nodded, indicating full confidence in all those listed by the judge.
The prosecutor, who received support from his opponent, after a couple of minutes began to cheerfully read out the indictment. As it follows from it, Sergey Khachaturov and the General Director of Technika i Avtomatika LLC Nadezhda Klepalskaya are charged with a particularly large embezzlement (part 4 of article 160 of the Criminal Code), fraud on an especially large scale (part 4 of article 159 of the Criminal Code) and legalization (laundering) stolen (Article 174.1 of the Criminal Code).
According to the FSB, which conducted the investigation, in early 2017, Mr. Khachaturov created a criminal group, which included Mrs. Klepalskaya and a number of unidentified persons. According to the investigation, he himself was looking for the most liquid assets for embezzlement, carried out general management of the group members, etc. His partner prepared for his leader various documents necessary to cover criminal activity, and also was engaged in the legalization of income. The group’s activities were stopped only on April 17, 2018 after the FSB operatives detained the main defendants in the investigation.
According to the prosecution, the embezzlement means the embezzlement of units of the closed-end mutual investment fund Real Estate Nevsky in the amount of 2.2 billion rubles.
The units were on the balance sheet of the RGS-Active company, which belonged to Sergey Khachaturov, and their withdrawal was carried out in 2017 on the eve of the change of ownership. As the investigation is sure, at the direction of the owner of the company, the shares were exchanged for a bill of a little-known Cypriot company maturing on December 19, 2019. The issuing company, also owned by Mr. Khachaturov, filed for bankruptcy with the Nicosia court a few months after the transaction. As the investigation is sure, this was the final point of the criminal plan - a Cyprus company was created by the ex-owner of the CSG in order to be bankrupt and not fulfill obligations on its bill.
After completion of the operation on the withdrawal of shares, Mr. Khachaturov, “knowing the financial situation” of the RGS controlled by him and the planned change of ownership of the company, decided to withdraw a little more than 3.6% of the shares of Rosgosstrakh PJSC from the balance of his RGS-Active. The stake was estimated at 6.1 billion rubles, and, according to the developed plan, the shares were contributed to the authorized capital of the company Tekhnika i Avtomatika (T&A), controlled by the defendant, whose director and main owner was Nadezhda Klepalskaya.
The introduction of shares in the authorized capital of the company took place in May 2017 - RGS-Aktiv in return received 1.6% of T&A shares, although the authorized capital of the company amounted to only 10 thousand rubles.
At the end of August 2017, when, at the request of the Central Bank of the Russian Federation, consolidation of shares of the CSG was ongoing, this package was sold on the Moscow Exchange to Trust Bank. Moreover, the shares that the defendant Klepalskaya made, according to the accounting reports, were allegedly on the balance sheet of RGS-Active all this time.
After the purchase and sale transaction and payment of taxes, Mr. Khachaturov invested 4.4 billion rubles received by him. Alfa Bank’s interest-bearing bills, earning a profit of 59 million rubles, and then to Gazprom and VEB Eurobonds. The investigation treats these transactions as legalization of the stolen. After hearing the prosecutor, Mr. Khachaturov briefly said that he did not admit guilt. Ms. Klepovskaya told the court that all the transactions that appear in the criminal case were made by her taking into account Russian law and "brought their participants significant economic benefits." On December 19, the court intends to begin the interrogation of prosecution witnesses.