There are more and more doubts that Poland will decide to extradite to Russia the former head of the largest Russian enterprise, NPO Kosmos, Andrei Chernyakov. By the way the case is formed, Chernyakov rather does not come out as a criminal, but as a victim. With him, NPO Kosmos was a successful enterprise with assets of billions. And then the top managers of VTB Bank of Moscow put the "eye" on the company. And from the once successful "Cosmos" there is nothing left. rutelegraf.com continues to publish an investigation of how the property of an NGO worth billions was taken apart. All the way from the huge fraud leads to the top managers of VTB Bank of Moscow.
(1) - (2) Immovable property at the address Moscow, 3rd Vladimirskaya Str., 23, owned by Kosmos.
The owner of real estate at: Moscow, 3rd Vladimirskaya Str., 23, is Cosmos. After the Bank of Moscow, in the person of First Deputy President and Chairman of the Board Yastriba Alexander Grigorievich, concluded the Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 326-14-UP of March 19, 2014, all the rights of the Bank Moscow "under the Mortgage Agreement No. 38-177 / 19 / 359-13-ZN / 284 concluded with Kosmos free of charge transferred to Kosmos-M, which, accordingly, is now a pledge creditor for this real estate during the bankruptcy procedure of the Cosmos and will claim for an amount of up to 95% of the funds received as a result of it sale. If the Bank of Moscow had not transferred the Cosmos-M rights (claims) to the Space under the Lending Agreement No. 38-177-3079 / 15 / 272-12-K from 08.08.2012 and, therefore, did not transfer the rights under the Mortgage Agreement № 38-177 / 19 / 359-13-ЗН / 284, "Bank of Moscow" would now be a pledge creditor in respect of this property and would claim for the proceeds from its sale of funds in this amount. Accordingly, as a result of this assignment to the "Bank of Moscow", the unfair acts of its employees caused property damage in an especially large amount.
The most recent assessment of this real estate was made by order of Moscow in the course of establishing its cadastral value. As it follows from the attached extracts from Rosreestr (Appendices No. 11 and No. 12), the cadastral value of the land at 23rd St. Vladimirskaya Street, approved on December 9, 2016, is 37,580,052.24 rubles, and the buildings at the same address are 113.965 .713.32 rubles. Consequently, the total value of land and buildings is 151,545,765.56 rubles. Since there is no reason to believe that the newly established cadastral value of this real estate is higher than the market value, at least this amount has been included in the parent table.
(3) - (4) Real estate at the address Moscow, sh. Enthusiasts, 38, owned by the Cosmos.
The owner of immovable property at the address: Moscow, sh. Enthusiasts, 38, is the Cosmos. After the Bank of Moscow, in the person of First Deputy President and Chairman of the Board Yastriba Alexander Grigorievich, concluded the Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 326-14-UP of March 19, 2014, all the rights of the Bank Moscow "under the Mortgage Agreement No. 38-177 / 19 / 360-13-ZN / 284 concluded with Kosmos free of charge transferred to Kosmos-M, which, accordingly, is a pledge creditor for this real estate during the bankruptcy procedure of the Cosmos and will claim for the amount of up to 95% of the funds received as a result of its sale and. If the Bank of Moscow had not transferred the Cosmos-M rights (claims) to the Space under the Lending Agreement No. 38-177-3079 / 15 / 272-12-K from 08.08.2012 and, therefore, did not transfer the rights under the Mortgage Agreement No. 38-177 / 19 / 360-13-ZN / 284, the Bank of Moscow would now be a pledge lender in respect of this property and would claim the proceeds from its sale in the said amount. Accordingly, as a result of this assignment to the "Bank of Moscow", the unfair acts of its employees caused property damage in an especially large amount.
The most recent assessment of this real estate was made by order of Moscow in the course of establishing its cadastral value. As it follows from the attached extracts from Rosreestr (Appendices No. 13 and No. 14), the cadastral value of land, approved on December 9, 2016, at sh. Enthusiasts, 38 is 52,528,543.65 rubles, and the buildings at the same address - 188,614,776.24 rubles. Consequently, the total value of land and buildings is 241,143,319.89 rubles. Since there is no reason to believe that the newly established cadastral value of this real estate is higher than the market value, at least this amount has been included in the parent table.
(7) - (8) Real estate at the address: Moscow region, Balashikha, ul. Tvardovsky, 24, previously owned by OOO "Eliada."
Situation with real estate at the address: Moscow region, Balashikha, ul. Tvardovsky, 24, previously owned by OOO Eliada(hereinafter - "Eliad"), looks extremely opaque and confusing. All transactions related to this property are from a commercial point of view completely inexplicable and devoid of any meaning. Consequently, the only possible explanation for the conclusion of these transactions is the intentional withdrawal of assets with a view to concealing them from the creditors of the Kosmos and Eliades to the detriment of including the "Bank of Moscow" for personal enrichment of conspirators who are employees of the Bank of Moscow, VTB Bank "And their affiliated companies. For starters, it should be noted that Eliada remains a 100% subsidiary of Kosmos. Between the Kosmos and Eliad, it was stipulated that Eliada would conclude with the "Bank of Moscow" Mortgage Agreement No. 38-177 / 19 / 362-13-ZN / 284 in respect of immovable property located at Balashikha Str. Tvardovsky, 24 to ensure the requirements of the Bank of Moscow to the Space for the repayment of borrowed funds granted under the Credit Agreement No. 38-177-3079 / 15 / 272-12-KR dated 08.08.2012. As it was shown above, on March 19, 2014, the Bank of Moscow, represented by First Deputy President and Chairman of the Board Yastriba Alexander Grigorievich, concluded the Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 326-14-UP of March 19, 2014 , according to which to Space-M gratuitously transferred, in particular, all rights under the Mortgage Agreement No. 38-177 / 19 / 362-13-ZN / 284. For a better understanding of the initial situation, it should be noted that at the address: Balashikha, ul. Tvardovsky, 24, there was another real estate, which was formerly owned by LLC "Juffin Plaza" (hereinafter - "Juffin Plaza"). This real estate has divided the fate of the real estate of Eliada, which will be particularly highlighted below in paragraphs (9) - (11). The situation around the real estate of Eliada at the address: Balashikha, ul. Tvardovsky, 24, until then similar to the situation around the property of the Cosmos at: 3-ya Vladimirskaya St., 23 and sh. Enthusiasts, 38, changed dramatically after the Bank of Moscow, for unknown and unexplainable reasons, relinquished part of the debt of Kosmos under another loan agreement, namely the Credit Agreement No. 38-177 / 15 / 284-13-K from 05.09 .2013, in favor of OOO VM-Office ("VM-Office") .When a Credit Agreement (line of credit) No. 38-177 / 15 / 284-13-KR dated 05.09.2013 "Bank of Moscow" guarantees of the return of the borrowed funds granted to him under this Agreement by the Space, as in the case of the Agreement on crediting No. 38-177-3079 / 15 / 272-12-KR dated 08.08.2012, demanded from K Osmosis, so that Eliada concluded a mortgage agreement with the Bank of Moscow regarding real estate located at Balashikha, ul. Tvardovsky, 24, which was subsequently done. Thus, this real estate has become a guarantee of the fulfillment by the Space of its obligations on repayment of borrowed funds immediately under two loan agreements, namely under the Agreement on crediting No. 38-177-3079 / 15 / 272-12-KR dated 08.08.2012 and under the Loan Agreement (credit line) No. 38-177 / 15 / 284-13-KR dated 05.09.2013, which is also confirmed by the fact that the Mortgage Agreement in both cases has the same number (No. 38-177 / 19/362 -13-ЗН / 284). Despite the fact that the "Bank of Moscow", as was shown above, gratuitously lost to Kosmos-M under the Contract on Assignment of Rights (Requirements) No. 65-1 65/53 / 326-14-УП dated 19.03.2014 of the right (requirements) to the Space under the Credit Agreement No. 38-177-3079 / 15 / 272-12-KR dated 08.08.2012, at the same time transferring all its rights under the Mortgage Agreement with Elyada No. 38-177 / 19 / 362-13-ZN / 284, for unexplained reasons, the Bank of Moscow, again represented by First Deputy President and Chairman of the Board Yastriba Alexander Grigorievich, concluded on June 19, 2014, those. exactly three months later, another Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 347-14-UP, this time with the VM-Office, which on its behalf was signed by the General Director Stanislav Vladimirovich Kuchinsky. As already mentioned above, according to the terms of this Agreement, the Bank of Moscow conceded to the VM Office the right to claim part of the principal debt of the Space under another Credit Agreement (credit line) No. 38-177 / 15 / 284-13-KR dated 05.09.2013 in the amount of 511.000 .000,00 rubles, at the same time transferring to VM-Office the rights already transferred earlier to Kosmos-M under the Contract on the mortgage No. 38-177 / 19 / 362-13-ЗН / 284. In turn, the VM-Office undertook to pay "Bank of Moscow" 5,000,000.00 rubles within 30 calendar days from the date of the conclusion of this Agreement, and the remaining amount, i.е. 506.000.000,00 rubles, in time until 31.12.2018. As in the case of the contract concluded three months earlier with the Cosmos-M Treaty on Assignment of Rights (Requirements) No. 65-165 / 53 / 326-14-UP of 19.03.2014, interest payments, despite such a prolonged deferral of payment, are not envisaged by the parties For what reason and for what purpose did the Bank of Moscow re-transmit its rights under the Mortgage Agreement with Elyada No. 38-177 / 19 / 362-13-ZN / 284, previously transferred to Kosmos-M, is incomprehensible to the VM Office . At the same time, attention is drawn to the fact that on May 6, 2014, i.e. for one and a halfmonths before the conclusion of the Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 347-14-UP dated June 19, 2014 with the VM-Office, Kosmos-M was already registered in the Unified State Register of Real Estate as the person in whose favor it was established restriction of rights and encumbrance of the real estate object Eliady at the address Balashikha, ul. Tvardovsky, 24 on the basis of the Mortgage Agreement No. 38-177 / 19 / 362-13-ZN / 284, the rights under which were transferred to him from the Bank of Moscow. Despite this, the Bank of Moscow, which was aware of the fact of registration, since Cosmos-M, like the Bank of Moscow, at that time was part of the VTB Bank structure, re-ordered the rights under the same security agreement . Regardless of which of the two transfers of rights under the Mortgage Agreement with Elyada No. 38-177 / 19 / 362-13-ZN / 284 was valid and which is not, at the moment it is sufficient to state that at least one of these concessions was valid and that at the latest at the time of concluding the Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 347-14-UP dated June 19, 2014 with the VM Office, the Bank of Moscow lost its rights under the Mortgage Agreement with Eliade No. 38-177 / 19 / 362-13-ZN / 284.Pri situation with the VM-Office is similar to the already described above situation with the Cosmos-M. At the time of concluding the Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 347-14-UP dated June 19, 2014, the VM Office was also an affiliated company of the Bank of Moscow. The sole founder of the VM-Office is JSC International Management Company, which, in turn, has two founders, namely OOO Credit Agent and OOO Univek. At the same time, JSC International Management Company, which is, as noted above, the sole founder of the VM Office, is managed by OOO BM-Directorate, which in turn is a 100% subsidiary of the Bank of Moscow. note that the sole founder of Credit Agent LLC is the "Strify Services Company Ltd.", whose director is Vassil Stefanov Vassilev. "Strifefin Services Ltd." is an offshore company allegedly registered in the capital of the Seychelles, Victoria, in the premises of a well-known company that provides services for the establishment of offshore companies whose sole purpose is to conceal information about its founders and evade from payment of taxes in the country, the residents of which are founders / beneficiaries of such companies. Moreover, the only founder of OOO Univec is Finn Investments Ltd., which is also an offshore company registered in the Seychelles at the same address as Strifin Services Ltd, and its director is also Vassil Stefanov Vasilev. It is worth noting that the search for both firms in the Seychelles Business Companies Register has not yielded results (Appendices No. 23 and No. 24). To facilitate understanding of the relationships between the VM Office, the Bank of Moscow and other companies, Appendix No.25 is attached with a diagram , from which all the most important information follows. As can easily be seen, the structure of shareholders of all affiliated companies is at least ambiguous, opaque and, possibly, even criminal, as the parent companies of this entire structure are located in the Seychelles. Obviously, both Seychelles companies are fictitious and only on paper by the nominal final beneficiaries of the VM Office. In fact, they do not conduct independent commercial activities, but are used by their real beneficiaries to illegally withdraw money from the Russian Federation, conceal income and evade taxes. In this connection, it is impossible to explain why the Bank of Moscow, at that time one of the largest Russian banks, creates and continues to operate through such long-compromised affiliated structures all over the world and participates in the transfer of property and claims to such companies, the roots of which go to the Seychelles. In this regard, it becomes clear that there is every reason to believe that these illegal structures are employees of the Bank of Moscow, the bank "VTB" or other affiliated companies who are personally interested in the fact that the assets of the Cosmos were withdrawn in an organization like VM- Office in order to obtain personal material benefits and illegally enrich, while causing significant damage to the "Bank of Moscow" and other creditors of the Cosmos and Companies of the Cosmos group. At the same time, as noted above, it was in the interests of the Bank of Moscow not to assign any rights (claims) to the Kosmos and remain a pledge creditor in respect of the real estate of Eliad at the address: Balashikha, ul. Tvardovsky, 24, in order to receive up to 95% of the proceeds from its sale during the bankruptcy procedure. In addition, it can be argued that the Assignment Agreement No. 65-165 / 53 / 347-14-UP of 19.06. 2014 with VM-Office was concluded on extremely unfavorable conditions for the Bank of Moscow. As was shown above, the latestat that time, the Bank of Moscow lost not only the right to claim part of the debt of the Kosmos under the Credit Agreement (credit line) No. 38-177 / 15 / 284-13-KR dated 05.09.2013 in the amount of 511.000.000.00 rubles, but also all rights under the Mortgage Agreement with Elyada No. 38-177 / 19 / 362-13-ZN / 284, including the subsequent status of the secured creditor during the bankruptcy procedure. At the same time, the Bank of Moscow actually received nothing in return. Even if we assume that the VM Office actually paid the "Bank of Moscow" in accordance with the terms of the Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 347-14-UP of 5 June, 5,000,000.00 rubles on June 19, 2014, there is every reason to believe , that the remaining amount due to the "Bank of Moscow" amount, namely 506.000.000.00 rubles, will never be paid, about which the parties to this Treaty were aware from the very beginning. The authorized capital of the VM-Office is only 10,000 rubles and, therefore, it is completely unclear how this company intends to return such a significant debt to the Bank of Moscow in time until December 31, 2018. As with the assignment of rights (claims) to Kosmos-M, the transaction with the VM Office is an ordinary withdrawal of assets through a front company for personal enrichment of employees of the Bank of Moscow, VTB Bank and other affiliates. From a commercial point of view, such a deal had absolutely no meaning for the Bank of Moscow. Thus, both the assignment of part of the claim for the amount of 511.000.000.00 rubles, and the transfer of rights under the security agreement were actually made free of charge, thereby causing considerable damage to the "Bank of Moscow." This conclusion sounds even more convincing, given that the the moment of conclusion between the Bank of Moscow and the VM-Office of the Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 347-14-UP of June 19, 2014, according to which the rights of claim of part of the debt of the Space under the Credit Agreement to the VM- (credit line) No. 38-177 / 15 / 284-13-КР dated 05.09.2013 in the amount of 511.000.0 00.00 rubles, the Bank of Moscow and the VM Office were well aware of the fact that on 16.01.2014 the Moscow Arbitration Court (case No. A40-4760 / 14) received an application to declare the Kosmos insolvent (bankrupt). Consequently, no prudent assignee would agree to take into account this fact to pay for the assigned claim of 511.000.000.00 rubles at the face value of the debt without a substantial discount for the risk of a complete loss of the assigned claim in the event of bankruptcy of the debtor. This proves once again that the transaction between the Bank of Moscow and the VM Office was in fact a fictitious one, and its real purpose was to cause damage to the Bank of Moscow by transferring claims and rights to the affiliated company free of charge under a security agreement. Moreover, this conclusion is confirmed and the subsequent chronology of events around the real estate of Eliad at the address: Balashikha, ul. 24. Thus, on August 11, 2014, between the VM-Office and Eliade, represented by unknown persons, was concluded the Agreement on the compensation number O-2, on the basis of which Eliade, in the performance of part of the debt of the Space under the Credit Agreement (credit line) No. 38- 177/15 / 284-13-KR of 05.09.2013 in the amount of 511.000.000,00 rubles gratuitously transferred to the VM-Office all mortgaged property under the Mortgage Agreement No. 38-177 / 19 / 362-13-ЗН / 284, located at the address Balashikha, st. Tvardovsky, 24. As a result of this transaction, the VM-Office was listed in the Unified State Real Estate Register on 17.03.2015 as the owner of the former real estate of Eliad. Consequently, the VM Office, an affiliated company of the Bank of Moscow, whose founders ultimately are Two companies registered in the Seychelles, as a result of a commercially unjustified transaction, which was extremely unfavorable for the Bank of Moscow, became the owner of the real estate owned by Eliade previously, this is nothing, or if a partial payment of 5.000.000.00 rubles was actually made in accordance with the Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 347-14-UP of June 19, 2014, paying only a very small part of the promised amount. In this case, despite the fact that the bulk of the amount, namely 506.000.000.00 rubles, is payable only on 31.12.2018, interest payments to the Bank of Moscow were not provided. For whatever purpose, the Bank of Moscow agreed to all this on such binding terms, it remains only to guess. In any case, it is obvious that the employees of one of the largest Russian banks took part in the conspiracy, the purpose of which was originally the transfer of property belonging to Eliade to affiliated persons , while causing material damage in an especially large amount to the "Bank of Moscow", which not only did not derive any benefit from the chain of pre-planned transactions, but, on the contrary, lost the right to claim part of the debt osmosis in the amount of 511.000.000,00 rubles, and all the rights of a security in the mortgage agreement. At the same time, there is no commercial or other reasonable need for the Bank of Moscow to use Cosmos-M or VM-Office in its relations with Eliada and Kosmosis did not exist. The Bank of Moscow could either retain all rights under the Mortgage Agreement No. 38-177 / 19 / 362-13-ZN / 284, thereby obtaining the status of a secured creditor within the Eliada bankruptcy procedure, or independently conclude a Settlement Agreement with Eliada , bypassing the VM Office to become the owner of real estate at: Balashikha, ul. Tvardovsky, 24, with the aim, for example, of its further resale. Thus, the only reasonable explanation for the use of VM-Office in operations with the former real estate of Eliad can only be the fact that its value was in fact significantly higher than it seemed from the Treaty on assignment of rights (requirements) No. 65-165 / 53 / 347-14-УП of June 19, 2014, i.e. much higher than 511.000.000,00 rubles, which were promised to the "Bank of Moscow" under this Agreement. However, as will be shown in more detail below in paragraph (9) - (11), the Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 347-14-UP of June 19, 2014 and the obligation of the WM Office to pay 511.000 .000.00 rubles on it were distributed not only to the former real estate of Eliad at the address: Balashikha, ul. Tvardovsky, 24, but also to the former real estate of another subsidiary of Kosmos, the firm of Juffin Plaza, located at the same address in Balashikha, part of which was jointly owned by Eliad and Djuffin Plaza. Consequently, the Bank of Moscow and the VM Office should have assumed that the joint real estate value of these two firms in Balashikha should have been at least 511.000.000.00 rubles. At a minimum, this amount was added to the parent table as the total minimum market value of the former real estate of Eliada and Djuffin Plaza at Balashikha, ul. Tvardovsky, 24. Actually, the real market value of the former real estate of Eliada and Dzhuffin Plaza in Balashikha is likely to be significantly higher than 511.000.000.00 rubles specified in the Agreement on Assignment of Rights No. 65-165 / 53 / 347-14-УП of June 19, 2014. As you can see on the attached pictures, a plot of land at Balashikha, ul. Tvardovsky, 24, now belonging to the VM Office, is surrounded by 17-storey apartment buildings, some of which (for example, the building at 40 Tvardovsky Street) was built recently. Consequently, real estate on the street. Tvardovsky, 24, which was in the ownership of the VM-Office, should be considered not as a built-up land for commercial purposes, but as a potential development project, which, given the surrounding buoyancy, may well be of interest to investors for housing. Taking into account the fact that there are already many multi-storey houses around, it is necessary to proceed from the fact that it is not difficult to change the purpose of the land for such construction. Obviously, in this case, the investment attractiveness of the former real estate of Eliada and Djuffin Plaza will increase at times, as will its cost. In this connection, there is every reason to believe that employees of the Bank of Moscow, who, in the framework of their professional activities in the field of lending to numerous construction projects had considerable experience in real estate and housing construction, it was well known about this very likely development of events, and they, having connected the affiliated company VM-Office and for Having concluded the Agreement on Assignment of Rights (Requirements) No. 65-165 / 53 / 347-14-UP of June 19, 2014, decided to use it for personal enrichment and to obtain maximum profit from further resale of real estate on behalf of the VM Office or from the independent development of these objects of real estate (development) and the subsequent sale of finished apartments. Taking into account the fact that the maximum possible height of residential buildings in the Moscow region is 17 floors, and also taking into account the fact that on Tvardovsky Street (d. 16-44) has already built a lot of 17-storey residential buildings, you can proceed from the fact that in the former section of Eliada and Dzhuffin Plaza at the address: Balashikha, ul. Tvardovsky, 24, (subject to changing the designation of the land), you can also build 17-storey houses. At this average purchase price of apartments in new houses on the street. Tvardovsky in Balashikha is currently on average about 85,000.00 rubles per square meter, based on the price range from 70,000.00 to 100,000.00 rubles / m². Therefore, taking into account that the area of the land plot on the street. Tvardovsky, 24, now entirely owned by the VM Office, is 20,000 m² that the total living area of the average 17-story building is approximately 9,000 m² and that about eight such houses can fit on a land plot of this size, all apartments that can be built on this site, can be sold for an amount of about 6.120.000.000.00 rubles (8 houses x 9.000 m² x 85.000 rubles / m²). At the same time, the cost of building an average 17-storey residential building of this size is approximately 40,000.00 rubles per square meter of living spacedi, i.e. The profit per square meter is approximately 45,000.00 rubles. Therefore, the estimated profit that could be obtained by implementing such a project could be totally about 3.240.000.000.00 rubles (72.000 m² x 45.000.00 rubles / m²). Taking these very realistic figures into account, it is obvious that the value of the former real estate Eliades and Juffin Plaza at the address Balashikha, ul. Tvardovsky, 24 should be several times higher than 511.000.000.00 rubles. Since it can be assumed that the employees of the Bank of Moscow, experts in the field of lending to construction projects in Moscow and the Moscow region, were well aware of this and about possible earnings in the case of a development project, they had to act solely in the interests of the Bank of Moscow "And not allow this immovable property to be transferred to the VM Office for a song, thereby giving it the opportunity to receive all the profits from this project. Thus, the amount of damage caused to the Bank of Moscow by its employees (including those who signed the Contracts on Assignment of Rights (Requirements) No. 65-165 / 53 / 326-14-UP of March 19, 2014 and No. 65-165 / 53 / 347-14-УП from 19.06.2014 as the first deputy president and chairman of the board Yastrib Alexandre Grigorievich), as well as colluding with them (including the general director of the VM-Office and its beneficiaries, especially those who are behind two Seychelles companies) as a result of transactions with this real estate, it is quite possible to calculate the amount of a billion rubles lei and more.
To be continued