The Central Bank appealed to law enforcement agencies on the fact of withdrawal of assets from AktivCapital Bank

The CBR appealed to law enforcement agencies on the fact of the withdrawal of assets of 6 billion rubles.
The Bank of Russia sent materials to the Prosecutor General's Office of the Russian Federation on the results of inspections of AktivCapital Bank (AK Bank, AKB). As established by the interim administration, the management of AK Bank withdrew liquid assets by lending borrowers having dubious solvency and not carrying out real economic activities, as well as debt transfer and assignment of claims under credit contracts of legal entities. In addition, the top management of the AKB shied away from transferring the temporary administration of title documents to the organization's assets for more than 1.3 billion rubles. According to lawyers, the bank's executives may face up to 6 years for the cases they have committed.

As established by the Central Bank of the Russian Federation, the temporary administration of AktivKapital Bank, the bank's leaders withdrew assets worth more than 6 billion rubles. by lending credible borrowers and transferring the debt and assigning claims under credit agreements of legal entities. According to the provisional administration, the value of the bank's assets does not exceed 18.7 billion rubles. with the value of obligations to creditors in the amount of more than 25 billion rubles. In the situation, the Central Bank asked the Prosecutor General's Office to investigate.

• JSC "AktivKapital Bank" was registered in 1994. According to SPARK-Interfax, the company's owners are well-known Samara businessman Alexei Leushkin (20.19%), Galina Oganesyan (3.67%), Tatyana Oganesyan (3.46%), Grigory Hovhannisyan (8.19%), OOO Volga (10.81%) and OOO Lira (50.12%). Alexei Leushkin is chairman of the board of directors of the bank. Grigory Hovhannisyan is the chairman of the organization's board. The credit organization operated on the territory of the Samara, Moscow, Magadan regions, as well as in Rostov-on-Don, St. Petersburg and Yekaterinburg. The revenue of the bank in 2016 amounted to 3.1 billion rubles, a loss of 1.6 billion rubles. The first half of 2017, AK Bank completed with a loss of 500 million rubles. For the third quarter the credit organization has worsened this indicator more than twice - up to 1.094 billion rubles. Reporting for a later period is not published. In the rating of Banki.ru in terms of net assets, a credit organization with 37.2 billion rubles. She ranked 116 out of 561 in Russia and the third in the region (out of 12 banks). But in fact, AK Bank was the largest credit organization in the Samara region, as the first in the rating Avtovazbank is sanated by Promsvyazbank, and Rusfinance Bank is part of the international group Societe Generale.

The Central Bank stripped the AKB of licenses in late March. As the regulator said, the deterioration of the financial condition of the organization led to the withdrawal of a significant portion of assets. Insurance indemnity to depositors on behalf of the state corporation "Deposit Insurance Agency" (DIA) and at its expense was paid by Sberbank and VTB Bank in 11 entities of the country. In May, the Samara Region Arbitration Court found the bank bankrupt in the lawsuit of the Central Bank and opened bankruptcy proceedings. The Contest Manager was appointed "Deposit Insurance Agency". According to the agency, as of June 20, 2,749 applicants with a total amount of claims in the amount of 823.3 million rubles are trying to enter the bank's creditors register. The closing date of the register of creditors' claims is August 1 of the current year. In early July, the DIA began to challenge the deal of AK Bank for the sale of the Toyota Land Cruiser 200 to Ikhtiyor Akhtamov. The meeting to review the claim of the bankruptcy trustee is scheduled for August 2.

According to Sergey Litvinenko, partner of AB Business Litvinenko, the illegal withdrawal of the bank's assets can result in criminal prosecution of the guilty persons who committed or approved such actions, under Article 159 of the Criminal Code with a term of imprisonment of up to 6 years. "The law enforcement agencies most often apply this article to business entities," says Sergei Litvinenko.

According to lawyers, unscrupulous persons can be brought not only to criminal responsibility, but also to the subsidiary bank under the insolvency case of AktivKapital Bank.

"If the debtor is declared insolvent due to acts or omissions of the debtor controlling persons, such persons in case of insufficiency of the debtor's property bear subsidiary liability for its obligations", - explains the partner of the AB "Business Fairway".

A similar opinion is shared by the partner of the law firm Padva and Epshtein, Anton Babenko. "If there is sufficient evidence that the management of the bank has led to a decrease in assets and thereby caused harm to the organization and its creditors, regardless of the results of inspections of the supervisory authority, claims may be brought against controlling persons to recover damages and bring to subsidiary responsibility for debts of debtors, "Anton Babenko explains.

To find out whether the owners of AktivKapital agree with the conclusions of the Bank of Russia, it was not possible to find out - AKB shareholder Alexei Leushkin did not answer the call to Kommersant. Inspections are now taking place in another large licensed Samara credit institution, Gazbank, which has lost its license. According to the regulator, the bank hid its real financial position and did not fulfill the requirements for an adequate assessment of the risks. The organization also violated regulatory acts of the regulator on combating the legalization of proceeds from crime and financing of terrorism. The working group, which includes representatives of the Central Bank, the DIA and law enforcement agencies, checks possible schemes for the withdrawal of assets and legalization of illegal money, as well as transactions for the sale of bank shares over the past few years. Experts note that the sale of bank shares to Swiss entrepreneurs led by David Gaon, the son of Nessim Gaon, who tried to exact hundreds of millions of dollars from the Russian Federation for non-fulfillment of the contract on the supply of food products in exchange for oil, may cause special interest among the auditors. In the opinion of lawyers, in relation to the management of a credit institution may initiate criminal cases under articles "fraud" (Article 159 of the Criminal Code of the Russian Federation) and "legalization (laundering) of money or other property acquired by criminal means" (Article 174 of the Criminal Code).