The Moscow City Court sentenced to collect on the claim of the Federal Tax Service (FTS), an unprecedented for the Russian justice system an amount equal to the budget of the Moscow region - 47.9 billion rubles from Andrey Shmakov, head of OAO "IFG" Glenic-M. " It was one of the largest investment companies that operate in the securities market. The judges felt that the sum of unpaid taxes on profits of legal person "IFG" Glenic M "for 2006-2007.
In July 2013 Shmakov has already been found guilty of failing to pay income tax and sentenced to 2.5 years in a penal colony. However, according to law enforcement, the company not only Shmakov Tinkering with taxes, but also has one of the largest firms in the country, which involved the withdrawal of money abroad. Protection of the convicted businessman claims that such money from their client is not and never has been, and they will appeal to the Supreme Court.
Investment company "Glenic-M" was created in 2003 by the former owner of the international exchange and knowledge-based information technology - "Binitek" Andrew Shmakov and after some pain years he became the leader among Russian companies in terms of capitalization rates. By 2008, the authorized capital of "Glenic-M" was 150 billion rubles, which is one and a half more than the authorized capital of "Gazprom" (100 billion rubles). Businessmen called Andrew Shmakov ingenious financial genius George Soros and Russian, and in 2010 to the owner of "Glenic-M" came with a search warrant, investigators of the FSB.
It turned out that the capitalization of the company increased only on paper: promissory notes and bonds are issued by related companies, an independent evaluation was fake; authorized capital inflated solely for the creation of schemes to withdraw money abroad.
- The scheme was fairly simple, but effective: businessmen in Russia were transferred to the accounts of "Glenic M 'funds to purchase the alleged securities abroad - says a source in law enforcement. - After that, the money transferred to the account of the Luxembourg "Glenic", and from there to the account of "the customer". The scale of activity Shmakov just fascinated Thus, only in 2008 through the accounts "Glenic" has been more than 147 billion rubles.
However, over the decetku Shmakov was not on the profile of the 171st article of the Criminal Code "Entrepreneurship violations of the rules of registration or license or without a license, as well as the representation of state agencies documents containing false information", but for tax evasion.
- As long as the development of Shmakov, entered into force Medvedev's amendments to the Criminal Code for economic crimes, and submission of documents with false information is no longer considered ugolovkoy so Shmakov could attract only for non-payment of taxes, - said the source.
As follows from the criminal case and the Federal Tax Service of inspections in 2006-2007, co-owners of "IFG" Glenic-M "was carried out increasing the authorized capital in the amount of 55 billion rubles and 80 billion rubles. Estimator is LLC "Euston" who did not have the necessary resources for the evaluation and assessment was not carried itself. Securities contributed to the share capital of "Glenic-M", had no support, and the company issuing these securities were controlled Shmakov.
In this case, the opinion of the Federal Tax Service, specifying the multi-billion dollar profits in the documentx, Shmakov and had to pay tax on it: 32.3 billion rubles, and came running penalties 15.5 billion rubles. In the summer of 2013 Andrew Shmakov was sentenced to 2.5 years in prison for tax evasion. FNS asked recover from Shmakov and income tax in the amount of 47.9 billion rubles, but this was denied. Then the tax authorities with the civil lawsuit went to the Moscow City Court on appeal.
Shmakov Protection considers the arguments of the tax invalid.
- The verdict in the criminal case established that the Federal Tax Service has made a decision on calling the taxpayer to account in August of 2010, at that time Shmakov there for more than six months is not headed society. In addition, the decision was made in respect of the OJSC "IFG" Glenic-M ", the organization, in the judgment of the court no conclusions about the responsibilities Shmakov as the natural person to be responsible as a taxpayer - should be the protection of the position.
However, the court sided with the tax authorities and decided to collect from Shmakov entire amount in full.
Alexander Zakharov of Paragon Advice Group says that the brokerage company and after scandalsand with "Glenic-M" continue to withdraw money abroad for similar schemes.
- I think that such schemes and now there may be, but after such an unprecedented court decision motivation for such schemes from stakeholders will decline - says Zakharov.
The lawyer Vladimir foal finds that in reality it is impossible to recover this amount and it will remain only on paper in the decision of the Moscow City Court judges.
- The idea is to pay billions to the treasury should be a legal person, - says foal. - But if the company has been inflated artificially registered capital, it will not be able to recover anything. The Court automatically went against the tax authorities, but the good of it will not. Well, banned him after his release from traveling abroad may nevertheless still be found and arrested some property, then the debtor will make itself a disability and will be until his death from a pension pay 50% of the state on account of debt.
According to the decision of the Arbitration Court of Moscow, in respect of "IFG" Glenic-M "in the framework of the bankruptcy already completed receivership proceedings. As early as 2010 was nalowomen arrested on the company's account, arrested 112 million rubles belonging to third parties. As follows from the court documents claim to the most Shmakov as part of bankruptcy proceedings remained unsatisfied "because of lack of the debtor's property."
- I live with the child in a rented apartment, though we were as rich as we put up, we would have long clubs football abroad to buy or yacht - with such a revenue, but certainly would be in England moved, - says wife Andrew Shmakov, former State Duma deputy Kira Lukyanova. - Of course, that kind of money we do not have and never has been, it was other people's money. Generally there was a substitution of concepts - in fact arrested on account of the company has already applied, and my husband has suffered a criminal offense, so why punish him again for the same thing?
According to the SPARK database, 30% of OJSC "IFG" Glenic-M "belongs to the Cypriot company Glenic Investment Limited, another 39% - Andrei Shmakov, 26% - his wife Kira Lukyanova, owns five percent of Yuri Technicians. Shmakov also belongs to JSC "AIF" National investment priority ", as well as share in ZAO" Basie "and OOO & laquo; EvroStroiInvest ". Together with his wife, he also owns a trading company "Golden Bunch" and is a co-founder of the charity fund "Ray of Hope".