The criminal case of the former shareholder of Rosgosstrakh PJSC (CSG) Sergey Khachaturov, accused by the FSB of stealing a stake of 6 billion rubles, has arrived at the Dorogomilovsky District Court of Moscow. when transferring the insurance company to the Otkritie financial group in 2017. And recently, a criminal case has been opened regarding several more transactions conducted by the former management of Rosgosstrakh. The accused’s brother, the former president of Rosgosstrakh, Danil Khachaturov, first commented on these investigations.
- The criminal case of Sergei Khachaturov says that when transferring Rosgosstrakh to Otkritie Bank, he illegally retained about 3.6% of the company’s shares, which he then sold and appropriated the money received.
- The accusation initially sounded absurd, because if we proceed from it, then Sergey stole his own property. The situation was as follows. Sergey Khachaturov, through two companies - RGS-Capital and RGS-Assets - owned 54% of the shares of large Rosgosstrakh. The capitalization of this package, based on the Moscow Exchange quotes, at that time amounted to more than 90 billion rubles. It was unencumbered by his property. The big agreement between the Rosgosstrakh and Otkrytie groups of July 26, 2017, which regulated the process of combining assets, provided for the transfer of 50% plus 1 share. This transaction was approved by the Central Bank. She was completely satisfied with the then owner of Otkrytie Bank Vadim Belyaev. The deal was non-cash. In fact, Sergey donated 90 billion assets, since he did not receive a single penny in cash. And those obligations that the “Discovery” assumed were not fulfilled. How could something be stolen at the same time, I do not know. The desire to receive a bigger gift is understandable, but for this you need a legal basis. There is no such reason. It is hard to imagine how the prosecution will prove in court that the theft took place.
- Did foreign law firms participate in the preparation of the transaction?
- Yes, English, on both sides, so that all actions comply with the highest standards. This is a detailed multi-page document, the disputes of which are subordinate to the London Arbitration. The deal itself was prepared for about a year, and everything was carefully written in it. The investigation ignored her, because it takes only one hour to study it to understand that, on our part, the transaction is 100% complete. It is important that before the criminal case, no one questioned the deal, that there were some complaints, we learned only when Sergey was detained and placed in Lefortovo.
How Sergey Khachaturov reached the deadline for detention
I note that the Central Bank not only approved the deal in 2016, but also monitored it continuously. But how could it be otherwise if it was a matter of the largest insurance company and the largest private bank at that time ?!
And one more important circumstance: the transaction from the bank was signed by Vadim Belyaev. But he still does not make any claims on it to this day, although, according to the logic of the investigation, it was he who was deceived. However, Belyaev, as I understand it, did not even interrogate, in any case, the defense did not see the protocol of his interrogation in the criminal case. The initiator of the investigation, Mikhail Zadornov (headed Otkrytie after Mr. Belyaev. - “Kommersant”) had nothing to do with the deal.
- What examinations were carried out as part of the investigation?
- According to the lawyers, the experts were asked the most general questions - about the block of shares, its value, etc. Although it was clear that it was enough to answer two questions: did Sergey have the legal right to dispose of his property; should the person concerned be convinced that he has got exactly what was agreed upon. The answers to them are obvious. And the picture is an indisputable fact that in August 2017, Trust Bank, which is part of Otkrytie, bought these shares from Sergey’s company in an open exchange transaction. What do you think, will someone buy unique property, which, in his opinion, should belong to him, but was stolen ?! Or is there reason to believe that everyone has gone crazy in the Discovery?
- How do you yourself explain what is happening?
Having received a controlling stake in the CWG, Otkritie Bank took on a number of different obligations. In connection with some of them, legal proceedings are ongoing. If you do not like the deal, you need to either reverse it by returning the received one or fulfill the obligations of the agreement. Out of reluctance to do either one or the other, all these fictitious cases appear.
- Recently there was information about the initiation of another criminal case related to transactions conducted by the CSG before the transfer of shares to Otkrytie. According to the applicants, the CSG and Petr Aven (his company is involved in disputes over Rosgosstrakh's assets), the insurance company suffered damage of more than 1.3 billion rubles.
- I learned about the matter from the media. As far as I know, at the moment there are no specific names in it, so far no one from the law enforcement agencies has talked to me about this. However, I can say the following. For two of the three transactions referred to in the press (the acquisition by Capital Re, a member of the RGS, from one of the partners of the Otkritie bank Eurobonds for 59 million rubles, as well as the purchase of Capital Re from RGS-Life RGS Real Estate bonds), they were the subject of arbitration proceedings and went through all instances. Transactions were recognized as legal, and the dispute was closed.
In the third (the Medis network of medical offices was transferred in exchange for about 3% of the shares in a large medical holding), the dispute reached the appeal, which reversed the decision and returned the case to the trial court. The decision of the appeal was appealed to the Presidium of the Supreme Court, we will wait for the result. I cannot but pay attention to the regular appearance in connection with these processes of inaccurate information injections.
The arrangements for Medis are clearly described in the agreement. As they say, just read it. By the way, at the very beginning of the Medis trial, there was a proposal to buy this small 3% stake at the price stated in the claim, that is, deploy the deal back and return their property to each of the parties. In other words, to satisfy the parties to the dispute at the very first meeting! That side took a month of reflection and did not give any answer. Well, what else is there to explain. It became obvious to everyone that they were pursuing some other purpose, and not the one indicated in the lawsuit. This is where new criminal cases come from. Their goal is the non-fulfillment of part of their obligations by pushing court decisions by force. Moreover, the situation is overgrown with various stakeholders who were not related to the transaction, but who apparently want to make money in any way. As Viktor Stepanovich Chernomyrdin said, "appetite comes in times of trouble."
How did the theft case come about
In 2017, the Otkritie FC banking group gained full control over the companies that at that time owned shares of Rosgosstrakh PJSC. The bank acquired 99.01% in LLC “RGS Assets” and 99.95% in LLC “RGS Holding”, entries about this were made to the Unified State Register of Legal Entities on September 4. Previously, the bank owned 19.8% of the insurance company; as a result of the transaction, it received more than 51% of Rosgosstrakh shares.
In April 2018, the FSB opened a criminal case against the former main owner of the CSG Sergey Khachaturov and the former shareholder of the CSG bank Nadezhda Klepalskaya. They are accused of especially large-scale fraud (part 4 of article 159 of the Criminal Code of the Russian Federation), embezzlement (part 4 of article 160 of the Criminal Code of the Russian Federation) and money laundering (part 4 of article 174.1 of the Criminal Code of the Russian Federation). According to the main episode of the case, the version of the investigation consists in the fact that the accused, a few months before the transfer of control over the RGS PJSC to Otkritie Bank, re-registered slightly more than 3.6% of the shares of PJSC Rosgosstrakh owned by Mr. Khachaturov's RGS-assets into the authorized capital of another a company controlled by him. In August 2017, these shares were sold through an exchange to Trust Bank, which is part of Otkrytie. After paying 1 billion rubles. taxes to the state on the remaining 5 billion rubles. At first, Alfa Bank interest-bearing bills were purchased, and then they were placed on a foreign currency account with a Russian bank, where they were arrested by the investigation in April 2018. Sergei Khachaturov has been in jail for more than a year and a half, and Nadezhda Klepalskaya is under house arrest.