Poland can not begin the process of extraditing the head of the largest Russian enterprise, NPO Kosmos, Andrei Chernyakova. He is under extradition arrest on request of the Russian Federation. According to rutelegraf.com, Warsaw does not like the documents that the Prosecutor General's Office sent. Which is not surprising. It is very difficult to document the situation, which Chernyakov encountered. VTB Bank "Moscow" took from him a billionaire enterprise with a huge number of assets. And in the experienced hands of bank top managers it instantly turned into a "dummy" - all assets were withdrawn.
rutelegraf.com continues to publish an investigation of how the property of an NGO worth billions was taken apart. In this part, specific top managers of the bank, related to the withdrawal of assets, will be mentioned. Later we will talk about their bosses.
Theft of the main assets of the Cosmos and Cosmos Group Company, is the subject of the mortgage agreement, contract of pledge of movable property, surety agreements and agreements of the interim assignment of claims under the loan agreement number 38-177-3079 / 15 / 272-12-KR from 08.08 .2012 was carried out by an organized criminal group as follows.
On concluding the agreement on assignment of rights (requirements) No. 65-165 / 53 / 326-14-UP by the Bank of Moscow on March 19, 2014, the Bank of Moscow conceded to its Cosmos-M rights (claims) to the Space under the Credit Agreement No. 38-177- 3079/15 / 272-12-КР dated 08.08.2012 for the amount of 10,794,789,847.66 rubles, as well as in the amount of fees for the issuance of a number of bank guarantees under several Agreements on the provision of bank guarantees for a total of 117.840.895.09 rubles. On the part of the Bank of Moscow, the Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 326-14-UP dated March 19, 2014 was signed by Yastrib Aleksandrovich, former First Deputy President and Chairman of the Board of the Bank of Moscow.
In addition to the rights (requirements) under the Lending Agreement No. 38-177-3079 / 15 / 272-12-KR dated 08.08.2012, Cosmos-M also received rights for unpaid interest by Kosmos, payments for transactions related to the placement of funds, commissions , penalties (fines, penalties), as well as other rights associated with the assigned claims. In addition, together with the assigned rights (claims) to the Cosmos-M under the Treaty and Article 384 of the Civil Code of the Russian Federation passed the rights (claims) on security agreements concluded by the Cosmos and the "Bank of Moscow" in the space provided their obligations under the Agreement on the lending number 38- 177-3079 / 15 / 272-12-КР dated 08.08.2012. As will be shown below, the value of property that is the subject of these security agreements is more than 9 billion rubles.
At the same time, the Kosmos-M received from the "Bank of Moscow" as a result of the assignment of the above rights (claims) to the Agreement on lending and security agreements, undertook to pay the "Bank of Moscow" instead of 10,000,000.00 rubles within 30 calendar days from the the date of concluding the Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 326-14-UP of March 19, 2014, and the remaining amount, i.е. 10.902.630.742,75 rubles, until December 31, 2018. Attention is drawn to the fact that, despite the deferral of payment for four and a half years, no payment of any interest was agreed between the Bank of Moscow and Kosmos-M.
As stated in the documents that were at the disposal of rutelegraf.com, for what purpose did the Bank of Moscow, at that time one of the largest Russian banks, conclude with the Cosmos-M Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 326- 14-УП from 19.03.2014 on such unfavorable conditions for themselves, it is completely incomprehensible and causes legitimate doubts about the legality of this transaction.
As it was known to the "Bank of Moscow", the authorized capital of the Cosmos-M on March 19, 2014 was only 10,000 rubles. In addition, M-Space, what was known as "Bank of Moscow", ever, including on that date, did not have the assets, even close to comparable with the requirements of the Treaty on the assignment of rights (claims) № 65-165 / 53 / 326-14-УП of 19.03.2014 (for the amount of 10.912.630.742,75 rubles). At the same time, the Bank of Moscow has not received and will never receive from the Cosmos-M any 10,000,000.00 rubles promised under the Assignment Agreement No. 65-165 / 53 / 326-14-UP dated 19.03.2014, no remaining and due to be paid by 10.12.2018 to 10,902,630,742,75 rubles, since on 04/16/2014, i.е. After just one month after the signing of the above agreements on assignment of rights (claims) to the Arbitration Court of Moscow it filed an application for recognition of the Cosmos-M insolvent (bankrupt), which was granted the Moscow Arbitration Court 08.14.2015.At the date of conclusion of the agreement on the assignment of rights (claims) № 65-165 / 53 / 326-14-UP (03/19/2014) "Bank of Moscow" was well aware of the financial position of the Cosmos-M, as it is through affiliates control all this the company and, therefore, was perfectly aware of its inability to pay the "Bank of Moscow" even a portion of the promised amount. Consequently, there were absolutely no commercially reasonable reasons for this transaction. On the contrary, there is an obvious infliction of material damage to the Bank of Moscow and its shareholders in an especially large amount who took part in it on behalf of the Bank of Moscow employees and related third parties. As a result of the assignment, "Bank of Moscow" is not only ceded the Cosmos-M rights (claims) to Cosmos for a total of almost 11 billion rubles, thereby losing the right to claim this sum, but lost the rights (claims) on security contracts in respect of the property, the cost of which, as will be shown below, was more than 9 billion rubles.
Given the known facts, it is necessary to proceed from the fact that those responsible for the assignment of rights (claims) employees of "Bank of Moscow" and their associates were well aware of this, but, nevertheless, went for it, abusing powers in commercial organizations contrary to the legitimate interests of this organization with a view to extracting benefits for themselves and others, having the intent to steal someone else's property. At the same time they knew that without this sense devoid of every kind of commercial transfer of "Bank of Moscow" would have had a much better position in the course of the bankruptcy proceedings of the Cosmos and Cosmos Group Company and could qualify for a substantial amount in the course of their property.
Thus, according to the provisions of Paragraph 1 of Article 131 of the Federal Law "On Insolvency (Bankruptcy)" dated 26.10.2002 number 127-FZ of all property of the debtor, are available on the date of the opening of bankruptcy proceedings of the bankruptcy estate. In accordance with Part 3 of Article 139 of the Federal Law "On Insolvency (Bankruptcy)" of October 26, 2002 No. 127-FZ, the receiver, after inventorying and valuing the debtor's property, commences its sale. At the same time, the priority of satisfying the claims of creditors follows from the provisions of Article 134 of the Federal Law "On Insolvency (Bankruptcy)" of October 26, 2002, No. 127-FZ. According to part 4 of this article, creditors' claims for obligations secured by the pledge of the debtor's property are satisfied at the expense of the value of the subject of pledge in accordance with the procedure established by Article 138 of the Federal Law "On Insolvency (Bankruptcy)" No. 127-FZ of October 26, 2002. In accordance with Part 2 of this Article, if the collateral of the debtor's property - as in the case of the Space and the Bank of Moscow - is secured by the requirements of the loan agreement, 80% of the proceeds from the sale of the collateral are to cover the claims of the bankruptcy creditor for a credit agreement secured by a pledge of the debtor's property, and the remaining amount is paid to the special bank account of the debtor in the following order:
15% is paid for the repayment of the claims of the creditors of the first and second lines in the event of the insufficiency of other property of the debtor in order to pay off the specified requirements;
the remaining money (ie 5%) shall be made to settle the legal costs, the remuneration expenses of arbitration control and payment of persons attracted by the liquidator to ensure the fulfillment of his responsibilities.
As stated in the documents that were available to rutelegraf.com, according to the provisions of Part 2.1 of Article 138 of the Federal Law "On Insolvency (Bankruptcy)" of October 26, 2002 No. 127-FZ, funds intended for repayment of claims of creditors of the first and second stages, e. the above 15% remaining on the special bank account of the debtor after full repayment of such claims are sent to repay part of the secured creditor's property of the claims of the competitive creditors not repaid from the value of the subject of the pledge in connection with withholding a part of the cost to pay off the claims of the creditors of the first and second lines in accordance with part 2 of Article 138, and the funds remaining after the full repayment of court expenses, expenses for payment of remuneration to arbitration managers and payment servants of the persons involved in the arbitration administrator in order to ensure the fulfillment of his responsibilities, ie the above 5% are included in the bankruptcy estate.
Thus, if the Bank of Moscow had not commercially unreasonable and absolutely unprofitable for itself a concession of rights (claims) in favor of Cosmos-M under the Contract on Assignment of Rights (Requirements) No. 65-165 / 53 / 326-14-UP of March 19, 2014, the Bank of Moscow, as a pledge lender, in the course of the procedures for the bankruptcy of the Cosmos and the Companies of the Cosmos Group, with which security agreements were concluded, could claim at least 80% of the amount received from the sale of the pledged property, and at its bestIn the case of Cosmos and the Cosmos companies, other assets, which, as will be shown below, were sufficient, up to 95% of this amount. As a result of the transfer, the Bank of Moscow, which is no longer a secured creditor, has no chance to receive up to 95% of the amount that will be received as a result of the sale of the pledged property, without receiving anything from the Cosmos-M, recognized as a bankrupt, in return. Consequently, the damage caused to the Bank of Moscow by the unscrupulous actions of its employees and the other members of the criminal group that acted with them in collusion amounted to almost 11 billion rubles. It is necessary to proceed from the fact that the employees of the Bank of Moscow, responsible for the assignment, were well aware of its consequences, but nevertheless, went for this in order to obtain personal material gain and theft of others' property. The lack of commercial validity for the assignment of rights requirements) in favor of Kosmos-M under the Contract on Assignment of Rights (Requirements) No. 65-165 / 53 / 326-14-UP of March 19, 2014 is confirmed additionally and by the fact that on the date of this assignment all shares in the charter capital of Kosmos- M were owned by VTB Up CJSC ION Project ", which has acquired a 100% interest 17.03.2014, ie two days before this concession. The only founder of VTB Project Management CJSC was VTB-Capital CJSC, which was later transformed into VTB Development JSC, the main shareholder of which, as in the case with the Bank of Moscow, is VTB Bank ". Consequently, the gratuitous assignment of rights (claims) under the Contract on Assignment of Rights (Requirements) No. 65-165 / 53 / 326-14-UP of March 19, 2014 was made by the Bank of Moscow, part of the VTB Bank, in favor of the Cosmos -M, also included in the structure of the bank "VTB". It is quite obvious that there was no commercial need for such assignment, and the Bank of Moscow could and should refrain from concluding the Agreement on assignment of rights (requirements) No. 65-165 / 53 / 326-14-UP of March 19, 2014 with the Cosmos -M, having reserved the right to demand from the Space a repayment of borrowed funds in the amount of almost 11 billion rubles under the Agreement on crediting No. 38-177-3079 / 15 / 272-12-KR dated 08.08.2012 and retaining all rights under security agreements in respect of property worth more than 9 billion rubles. In the course of the subsequent sale of this property, the Bank of Moscow in this case would be able to receive, in preference to all other creditors, up to 95% of the amounts for which this property would subsequently be sold by the competitive managers of the Cosmos and the Companies of the Cosmos Group, i. the amount in the region of 9 billion rubles, thereby alone with this money almost completely paying off the debt of the Space under the Agreement on lending No. 38-177-3079 / 15 / 272-12-KR dated 08.08.2012. Nothing other than their own selfish interests and intent to steal someone else's property of employees of the Bank of Moscow and colluding with them, this assignment on such disadvantageous terms for the Bank of Moscow, therefore, contrary to the legitimate interests of the bank itself, can not be explained. said in the documents that were at the disposal of rutelegraf.com, this unambiguous conclusion is confirmed by the whole subsequent chronology of events. So, on October 24, 2014 all the shares in the charter capital of Kosmos-M, which, as shown and documented above, were controlled by VTB Bank through VTB Project Management and VTB Development JSC on March 17, 2014 unknown conditions were transferred in favor of OOO Gazpromenergo-marketing, whose founders are CJSC Shpalernaya Management Company and Russian citizen Nelidov Vladimir Anatolyevich. For what purpose only six months after the first assignment of the share in the charter capital of Kosmos-M, which, as was shown above, by the Bank of Moscow under the Contract of Assignment of Rights No. 65-165 / 53 / 326-14-UP from 19.03.2014, the requirements to the Kosmos were ceded to the amount of almost 11 billion rubles and to which, according to this Treaty and Article 384 of the Civil Code of the Russian Federation, the rights (claims) under security agreements with respect to property valued at more than 9 billion rubles were transferred to OOO Gazpromenergo-marketing ", Is absolutely inexplicable. The only founder of ZAO "Shpalernaya" is a citizen of the Russian Federation Andrey Podgornykh, that is, there is no obvious connection between all these companies and citizens, on the one hand, and the "Bank of Moscow" and the bank "VTB", on the other hand, as a result of the loss of 100% of the shares in the authorized capital of Kosmos-M, which passed under the control of OOO Gazpromenergo-sales and the persons behind it and colluded with the employees of the Bank of Moscow, the latter, having received nothing in return, right of claim ie the sum of the Cosmos in the amount of almost 11 billion rubles, and all rights of security contracts in respect of the property, as will be shown below, the value of more than 9 billion rubles. Respectivelyo, there is an obvious fact of the withdrawal of significant assets and causing material damage to the Bank of Moscow and its shareholders in an especially large amount of about 11 billion rubles. As for the property of Kosmos and the Companies of the Kosmos Group, which was the subject of security agreements under the Loan Agreement No. 38 -177-3079 / 15 / 272-12-КР dated 08.08.2012, the rights on which as a result of an unjustified assignment under the Contract on Assignment of Rights (Requirements) No. 65-165 / 53 / 326-14-УП of 19.03.2014 free of charge went to Kosmos-M, shareholdings in the authorized capital which, in turn, apparently also free of charge, was transferred to Gazpromenergo-sredit OOO on October 24, 2014, the full list of such property, indicating its approximate minimum cost, is as follows ... Thus, the "Bank of Moscow" actions of its employees and who entered into a conspiracy by third parties, caused property damage in an especially large amount to the amount of about 11 billion rubles, i.е. to the amount assigned to Kosmos-M under the Contract on Assignment of Rights (Requirements) No. 65-165 / 53 / 326-14-UP dated March 19, 2014 of the requirements of the Bank of Moscow to the Space, as a result of which the Bank of Moscow finally and irretrievably lost the right require the return of loan funds and interest under the Lending Agreement No. 38-177-3079 / 15 / 272-12-K from 08.08.2012, and most of this demand was secured by collateral and other security agreements with respect to the property of Kosmos and the Companies group Cosmos worth more than 9 billion rubles, the rights under which Also, they were finally and irretrievably lost by the Bank of Moscow without receiving any compensation. If, firstly, the assignment of rights (claims) under the Agreement on crediting No. 38-177-3079 / 15 / 272-12-КР dated 08.08.2012 and the transfer of rights under security agreements was made in favor of Cosmos-M, i.e. a company that, like the Bank of Moscow, entered at the time of the assignment (March 19, 2014) to the structure of VTB Bank, then subsequently as a result of the transfer of ownership of the interest in the authorized capital of Kosmos-M to LLC Gazpromenergo-marketing (October 24, 2014), the assigned rights under the above-mentioned loan agreement and security agreements were with the company (Kosmos-M), which came under the control of the structure, which was not affiliated with either the Bank of Moscow or the VTB Bank. As the documents say, at the disposal of rutelegraf.com, respectively, or on 19.03.2014, or, with Later, on 24.10.2014, for no apparent reason, there was a free and deliberate withdrawal of significant assets, with the proceeds from the sale of which the Bank of Moscow could claim as a lien in the procedures for the bankruptcy of the Cosmos and the Companies of the Cosmos Group. With the most favorable outcome for bankruptcy proceedings, the Bank of Moscow could receive up to 95% of the proceeds from the sale of property subject to security agreements under the Credit Agreement No. 38-177-3079 / 15 / 272-12-KR dated 08.08. 2012. However, as a result of deliberate actions of employees of the Bank of Moscow (including, first deputy president and chairman of the board Yastriba Alexander Grigorievich, who signed the Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 326-14-UP of March 19, 2014 ) and third parties entered into a conspiracy with them (including the general director and beneficiaries of Gazpromenergo-marketing LLC), the Bank of Moscow lost the right to demand the repayment of loan funds in the amount of almost 11 billion rubles secured by the property of Kosmos and the Group Companies Cosmos total cost More than 9 billion rubles. As for the indicative minimum cost of the property of the Cosmos and the Companies of the Cosmos group, which was the subject of security agreements under the Credit Agreement No. 38-177-3079 / 15 / 272-12-KR dated 08.08.2012, the rights under which As a result of concluding the Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 326-14-UP of 19.03.2014 to Space-M, the above total value of this property in the amount of 9.004.117.139.63 rubles is calculated in the following way ( the numbers in the left column below correspond to the number am in the left column in the above table). Simultaneously with the calculation of the value of the property in the places where it is necessary, it will be shown and documented that employees of the Bank of Moscow and VTB Bank, acting as part of an organized group with affiliated companies and other persons, under 100% control of which in the period from 17.03.2014 to 24.10.2014 there was Kosmos-M, alienated the property of the Companies of the Cosmos group, donating it to third parties for their own material gain and personal enrichment, thereby causing material Szczerba on a large scale, "Bank of Moscow" should.
To be continued