What's the argument about
Among the assets for which there is a dispute in the courts of London, 3000 hectares in the new Moscow under Podolsky, 2496 hectares in the Domodedovo district of Moscow region, a few warehouses "Logistics Park" in different cities of Russia, a project to build a shopping and entertainment center on the area Paveletsky station (the mayor's office promised to to terminate the investment contract for the construction), the project of business center "Financial Centre - MVB" oceanarium "Marine Gardens", 25.8% in the hotel complex "Cosmos", the Arctic port of Vitino and others.
Hunt for Kazakh businessman and politician Ablyazov continues for the fifth year. "BTA Bank", accusing its creator Ablyazov (cm. Incision) in the theft of $ 6 billion, has achieved excitation of criminal cases against him in Kazakhstan, Russia and Ukraine. A banker with his family in hiding in Europe. But earlier this summer, his wife and six year old daughter were deported from Italy to Kazakhstan. At the end of private detectives tracked lawyer Yelena Tishchenko, representing in court the interests of the structures of Ablyazov, and found himself - in a villa not far from Cannes. He was DELAYen French police on a warrant issued by Ukraine at the request of Kazakhstan, and is now awaiting trial for extradition. Tishchenko autumn was arrested in Moscow in the money laundering charges.
On the assets Ablyazov is now three main challenger.
First of all - "BTA Bank". He accuses Ablyazov that the Bank has used as its own wallet.
As Mukhtar Ablyazov doing business →
In 2010-2011. High Court in London at the request of "BTA Bank" froze worldwide assets in 1000 ablyazovskih companies. And then he sentenced Ablyazov to 22 months in prison for violating the ban on alienation of assets. Ablyazov in prison did not want to sit down. The court stripped him of his right to a defense in civil lawsuits filed by "BTA Bank". Arguments protection Ablyazov rejected without investigation, "BTA Bank" was able to get court orders to collect $ 4 billion of assets Ablyazov, the case for another $ 2 billion continuing.
"It took several years to link the chain of offshore companies and prove the connection assets Ablyazov, nNow we have come close to the stage of recovery, "- says the managing director, member of the board of the bank, Paul Prosyankin. But talk about cash receipts early, as most problematic assets. For example, in the Paveletskaya business center project in Moscow (at the stage of excavation) - the mayor's office said that he was going to terminate the investment contract. Simply with personal property Ablyazov in the UK - his London mansion, apartment and estate. The property, valued at approximately $ 50 million, according to the court decision put up for auction, said Prosyankin. The Bank also managed to recover hundreds of millions of dollars of assets that are not included in the London proceedings.
The situation is complicated by the fact that the asset has another applicant - Deposit Insurance Agency (DIA). It appeared in the story as the liquidator "AMT Bank," the former Russian "daughter" of "BTA Bank". The crisis at the AMT has serious problems, he tried to keep afloat with the help of a loan of the Central Bank, under which Ablyazov laid part of real estate development assets. But in July 2011, the Central Bank still has withdrawn the license of the bank, and then the court tookAddressing on its liquidation.
DIA paid to depositors of more than 12 billion rubles. and he is now trying to get the money back and pay off other creditors through the sale of the pledged assets. It would seem that the chances are good: property AMT independent appraisers estimated at 63.3 billion rubles, including real estate - to 57.7 billion rubles.. But to receive deposits accounts in the courts, where lawyers are opposed DIA BTA and of Ablyazov. By September 1, 2013 the agency was able to win in the courts of 780 million rubles., While creditors still have to return 33.4 billion rubles., Stated in a report of the bankruptcy proceedings.
Another problem is that the property was pawned at a price above the market, indicating the DIA. For example, 2050 ha in the Domodedovo district were rated "FinExpertiza" for the pledge of 30 billion rubles., While the agency's appraiser has determined the cost of 3.7 billion rubles. The difference is explained by the fact that "Finexpertiza" considered these areas as the industrial use of land and land for individual housing construction. However, at the time of the pledge they belonged to agricultural land and it has not been translated into a more expensive category. SachAl BTA secured the arrest of 1 823 hectares in the criminal case on the illegal removal of collateral from the areas which makes the implementation of the land impossible and practically invalidates indicates DIA.
Part of the property, such as land in the Moscow region in 2009 was derived from the pledge by order Ablyazov BTA, Russian investigators believe. Familiar Ablyazov, however, indicates that a businessman saving their property from expropriation - to nationalize it controlled 80% of BTA.
"It is clear that there is one or more centers of hiding assets for Ablyazov in Russia", - said a person familiar with the investigation. Like it or not, but some assets, despite the security measures, there are new owners.
The story of the land
Arrested in September Tishchenko charged with laundering (Art. 4, Art. 174 of the Criminal Code). According to investigators, she made the deal on the legalization of stolen property Ablyazov, in particular, helped to renew the stock Cyprus Salvino Servises ltd, which owns several companies 3,000 hectares under Podolsky, a trustee of Rinat Ablyazov Batyrgareeva Batyrgareeva his wife Galina and then, in March 2012, - on the offshore company Gregos International Company with Marashallovyh islands nominally owned by a citizen of Serbia Tomislav Ulyarevichu.
Protection Tishchenko objects: a lawyer is not engaged in registration of transactions and the charges are based on the testimony of interested parties who are not familiar with it personally. Do investigators have Tishchenko recording conversations in which she discusses the transaction, subject to the article on Laundering, told two people familiar with the investigation. But the ex-husband of Elena Ukrainian businessman Sergey Tischenko claims that these records - fake. "Elena has worked as a lawyer, I did not commit any illegal actions", - he said.
Sergey Tishchenko said that he introduced Helen in 2011, Ablyazov, then it represented the interests of her husband, is considering buying assets in Kazakhstan businessman. Later, Elena started to advise and Ablyazov. At the beginning of 2013 the couple divorced, and then Elena began working in their legal projects, opening in March in Russian law firm "Optima KonsaLt.. " Sergey seeks release ex-wife and mother of his four daughters from custody. He suggested that in the arrest of Elena interested British lawyers, which it effectively resisted by the courts.
History of the port
One of the cases in which Elena took part, due to the port of Vitino on the White Sea.
In August 2008, BTA has provided $ 120 million to buy the company Usarel port, and then he had to prove their right to the shares in the London court. The fact is that the money for the purchase went through in Usarel Chrysopa Dutch company, which has entered into a loan agreement with the bank and subkreditny - with the buyer of the shares. Usarel owned company Lux Investment, in which 51% owned by Ablyazov structure, and 49% -. Company business Maxima Pukhlikov and Sergey Sheklanova, port shopping initiator spend her $ 6 million employees Usarel told the court that there was nothing unusual in that registration of the transaction : while there was no difference between the investment projects and investment projects of the Bank Ablyazov. With the departure of Ablyazov's bank credit service has stopped, the port shares have not been decorated in salogi bank.
Sergey Tishchenko said that in 2011, the company of his partner Andrei Vorobyov IPSG Chrysopa acquired a right to claim the loan to Usarel. Tishchenko himself began to negotiate with the other co-owners of the port on the redemption of their shares, but they were not crowned with success. Moreover, Pukhlikov and Sheklanov said in court in London that IPSG refers to assets of Ablyazov and the court has imposed on her arrest, said Tishchenko. Elena Tischenko represented IPSG interests in a London court, seeking to remove her arrest. "British lawyers are afraid of the precedent that could be concluded IPSG from arrest and seek to block this process, the deletion of the Helen", - Sergey said. Prosyankin calls this version of the absurd.
In Tishchenko have an interest in the port: the associated Valenora company in 2012 bought out the IPSG debt Usarel. Tishchenko showed "Vedomosti" a letter sent after the transaction BTA: Valenora offered to repay the loan to the bank Chrysopa in an agreed amount equal to the market value of the port. According to expert estimates, is $ 70 million, indicating Valenora.
The bank sees no need to negotiate with third parties toreading deal with illegal debt, says Prosyankin. London Court acknowledged that no matter in whose hands Vitino port, it purchased on the money BTA and should be returned to him - minus the costs of co-owners. "The courts are run by different people, declare that we claim to their assets, which have no relation to Ablyazov. But the courts support our position, "- he continues.
BTA is ready to negotiate with the DIA, said Prosyankin: "Both we and they - governmental organizations that have suffered losses, we are ready to look for a solution in the common interest." According to him, it could be the sale of assets and dividing the resulting amount, for example, in proportion to the losses incurred. If the DIA will come concrete proposals, the agency would consider them, says his representative.
History of the shopping center
Some assets of BTA can no longer qualify. For example, torgtsentr in Odintsovo, for the construction of which the bank before the crisis gave a credit of $ 82 million of RTM. In 2009, UBC has gone bankrupt, its plots and unfinished facility by the court were to go to the bank. But this does not produbly. Assignee RTM, who joined the structures associated with the former managers of "Siberian cement" Andrew Mouravieff and Andrei Kirikov, re-registered and filed a bankruptcy petition there in the Krasnoyarsk Territory. There began receivership procedure, during which the plots were sold to the SEC "Odintsovo" for 310 million rubles .; of which 295 million rubles. BTA was listed. The Bank was not able to challenge the auction results in court.
The company "Biznesblok development", to finish building torgtsentr, according to SPARK, belongs to a former member of the Board of Directors Alexander RTM Arkhiptseva, and its CEO Lily Khairutdinova once led by the Moscow representation of the company "Siberian cement".