Evgeny Akulov, the financial manager of the former owner of the House-Building Factory No. 1 (DSK-1) of Vladimir Kopelev, filed an application with the Moscow Arbitration Court to declare the sale of the company's shares invalid, follows from the case file. Since 2016, DSC-1 belongs to the developer of FGC "Leader", one of the largest developers of housing in the Moscow region. In turn, founded in 1961, DSK-1 is one of the oldest and largest house-building factories in Russia.
As follows from the court's materials, Akulov demands that Vladimir Voronin and the individuals associated with the developer of physical entities and structures be required to return about 91% of the plant’s shares, valued at 9.1 billion rubles. If this is not possible, he asks to recover the full value of the securities of the company. As an interim measure, on February 7, the court seized DSK-1 shares.
Akulov filed an application during Kopelev’s personal bankruptcy procedure: in November 2018, the latter was declared insolvent on the claim of Kithia from the British Virgin Islands - a businessman owed this company 241 million Swiss francs (15.9 billion rubles). Then the realization of his property began. In January 2019, the Moscow Arbitration Court arrested the property of its companies, their accounts, real estate and cars. Their total cost is estimated at 3.5 billion rubles. In the accounts of the businessman himself, a little more than 10.3 million rubles, $ 159,000 and about 320,000 euros, the act of inventory of his property says. Kopelev 83 years. In the fall, his lawyers said that he was ill and was being treated.
Kopelev debt to Kithia in the court did not recognize. Back in 2004, unidentified persons received blank sheets signed by a businessman and sold DSK-1 papers to Noble Technologies, the Kommersant newspaper wrote. In this regard, in the Department of Internal Affairs of the Central Administrative District of Moscow an application was made for attempted fraud with the shares of the plant. Later, the parties broke the agreement, and the seller had to pay Kithia 241 million Swiss francs. “RIA Novosti” then announced the initiation of a criminal case of fraud on this fact. In what stage it is now, it is not known - the request of "Vedomosti" in the State Ministry of Internal Affairs in Moscow remained unanswered.
Kithia spokesman lawyer Cantemir Karamzin argues that the main beneficiary of this company is Mark Richards. In the early 2000s, a citizen of Great Britain and Canada, Richards, together with Karamzin, tried to gain control over the military construction department of Moscow and the former mansion of the Open Society Foundation George Soros on Ozerkovskaya Embankment, which, for a time, was evenly paralyzed. Noble Technologies also figured in that case - it was her leadership who, with the help of reinforced attire of the Ministry of Internal Affairs, blocked the entrance to the building that the fund rented.
Kithia also owned the Capital Capital Investment Group (liquidated in 2016), which two years after the previous scandal wanted to build up the territory of the tram depot. Apakov on Shabolovka. The investment contract was eventually terminated, and the company itself received 220 million rubles from the Moscow City Hall. compensation.
Karamzin says that "challenging a dubious deal to sell Kopelev a block of shares in DSK-1 at a lower price, made on the eve of the bankruptcy proceedings, is aimed at replenishing the competitive mass and is welcomed by Kithia."
FGC "Leader" considers the claims Akulova illegal, said the representative of the developer. According to him, the company does not see any risks of cancellation of the transaction, since it was legally correct.
Lawyers interviewed by Vedomosti believe that there are risks. Kopelev at the first meeting declared bankrupt. The procedure for selling the property was introduced in relation to it, and the court indicated that the debtor does not deserve financial rehabilitation, as it delays the process, hides information on property and income and does not fulfill the requirements of the court, notes the partner of Sotheby's law firm Anton Krasnikov. Usually, if the debtor makes a request for debt restructuring, the courts will meet him halfway, Yust’s partner Alexander Bolomatov is surprised. Krasnikov reminds that the property on the debtor practically does not appear, despite its obvious consistency. Therefore, all debtor’s transactions made over a three-year period are disputed, adds Oleg Permyakov from Rustam Kurmaev & Partners. “From the content of the definition of taking interim measures, one can make a cautious forecast that the prospect of recognizing such transactions invalid is large enough,” concluded Krasnikov. This will lead to the fact that control over DSC-1 and its assets will be restored to the previous owner, after which the company will either be sold during the bankruptcy procedure, or - in the absence of customers - left to the creditor, Permyakov explains.
FGC "Leader" will defend itself, he continues: she can focus on what she invested in DSK-1 so much money that a return to the original state is impossible. At the time of the transaction, DSK-1 had serious financial problems, which threatened to stop a major developer, and FGC Leader bought the company and assumed its obligations, and in this sense there is a possibility that the transaction will not be invalidated, Krasnikov agrees.
Akulov declined to comment, the representative of Kopelev at the request of "Vedomosti" did not respond.