пятница, 18 марта 2011 г.

The Court has assessed the transactions by “Tomskneft’


The Meshchansky Moscow court has pronounced a sentence on the high-profile case of theft more than 7 billion rubles at JSC “Tomskneft"(then - a subsidiary of Yukos) in 2005. Ex-manager of “Tomskneft” Sergey Shimkevich was found guilty of embezzlement of entrusted property and its legalization, for which he has been sentenced of 12 years in colony of a strict regime. Oleg Kolyada, Chairman of the Board of JSC "National bank Trust" and Oleg Klyucherev, General Manager of OOO "Yurprofresurs”, have been sentenced to 7.5 and 8.5 years of imprisonment respectively for the same crimes. Lawyers of the convicted stated that their defendants had never committed the incriminated crimes, as well as the defendants' guilt was not proven.

According to investigators’ point of view, and the court supported it, Mr. Shimkevich, Mr. Kolyada and Mr. Klyucherev organized a criminal group, which abducted the property of OAO “Tomskneft” in 2005-2006. As stated in the case, in 2005 Sergei Shimkevich took decision which was knowingly economically disadvantageous to the company's - to sell more than 1 million tons of oil produced by the subsidiary of Yukos at a reduced priceThus that oil went to OOO "Rekma", which owner was a cousin of Mr. Shimkevich. The damage caused to Tomskneft amounted to more than 1.5 billion rubles, as investigators estimated. As it was claimed by the Court, members of the criminal group owned and legalized the money. For example, according to the verdict, nearly 1 million rubles had been credited to the LLC "Altes" headed by Mr. Klyucherevym for it alleged search for buyers of oil.

In addition, there is an episode in the case regarding the acquisition of the Trust Bank bills (led by Mr. Kolyada) for money belonging to “Tomskneft”. As it was identified by the Court, , members of the criminal group spent 5.93 billion rubles for the purchase of 14 bills. Subsequently, part of them was exchanged for notes of Sberbank, and extinguished. According to the verdict, gentlemen Shimkevich, Kolyada and Klyucherev appropriated the money and spent it on personal needs.

The accused businessmen pleaded not guilty both during the investigation, and in the court. According to them, they had committed neither thefts, nor wastes; while the prosecutor intervened in the civil-legal relations unfoundedly. «The deals implemented by the defendants did not cause anybody any harm, but, conversely, brought profits, which in turn prevented the interested persons from bankrupting OAO “Tomskneft”. If not the case, they would have had to buy the company at market price," told Oleg Kolyada’ lawyer Larissa Move to “Kommersant”. Mr. Shimkevich also supported the position in court by reporting on that Yukos had debts of 13 billion rubles for goods delivered by “Tomskneft”; thus bankruptcy of the company was out of question. However, the General Prosecutor's investigators, according to the lawyers, were "engaged" and followed exactly the opposite point of view.

Source: newspaper "Kommersant» № 45 (4345) on 17/03/2010

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