The conflict around the Norebo group of companies is one of the most protracted in Russia. Despite the fact that GK “Norebo”, for example, in 2017, took first place in Russia in catching fish and seafood with a result of 592 thousand tons, in the light of scandalous media reports about the conflict around the company, it is better known under another name - “Carat” (the rebranding of the holding occurred in November 2016). The shares of the Murmansk company Karat were the cause of a dispute between its two founders - Vitaly Orlov, who today owns 100% of the shares of Norebo, and Alexander Tugushev, currently on the federal wanted list and hiding abroad. In recent days, a new wave of publications in publications and telegram channels covering law enforcement topics has again highlighted the history of the struggle for shares of the largest domestic fish producer. For our editorial office, the history of the formation of the largest state-independent business and the attempts of the former shareholder to seize part of the company, having sacrificed friendly ties with another co-founder of the company and easily hit, as they say, “seriously” seemed interesting and indicative for post-Soviet Russia.
So - our journalistic investigation of how former business associates became the worst enemies.
In our history, we are talking about representatives of the fishing industry. One of them, Vitaly Orlov, is energetic, who has gained extensive experience in the extraction, processing and sale of fish. He is a native of the Pomeranian region, a graduate of the Murmansk school of seafarers and fishermen, who has gained extensive experience both abroad and domestically, from scratch creating his own business. Orlov at the head of his daily work puts the development of the domestic fishing fleet, equipped with modern effective tools for fishing, storage and processing. Norebo Holding is building large vessels capable of operating in all corners of the oceans, and these modern ships are being built at Russian shipyards and factories. The second participant in this story is Alexander Tugushev, who also graduated from the Murmansk seafarer and managed to achieve significant success with his own labor and create his own serious business. But at a certain stage of his development, for some reason, he considered that managerial and financial results can be achieved in other ways that do not require daily dedicated work at sea. ”
In general, both parties to the conflict have known each other since about 1991. With a difference of two years, they studied at the "Murmansk Higher Marine Engineering School" - Tugushev graduated earlier.
In 1998, Orlov, Tugushev and Norwegian citizen Magnus Rott began to discuss the possibility of creating a joint fishing business. At the same time, it was assumed that income and dividends from this type of joint activity would be distributed at 1/3 of each participant. The creation of such a business involved the merger of all Russian industrial companies and assets belonging to them at that time with the Norwegian trading company Ocean Trawels, which was owned by Rott and Orlov.
In 2001, Almore Atlantic CJSC was established, the founders of which were: Norebo Invest CJSC, as well as a number of individuals, including Tugushev. The authorized capital of Almore Atlantic CJSC was formed as follows: Norebo Invest CJSC made its contribution in cash, and the remaining constituent entities - in shares of different companies. Tugushev in the forming capital of CJSC Almore Atlantika contributed his shares in the company: CJSC RK Sogra, LLC Karat, CJSC Karatt.
At the same time, during the formation of the authorized capital of Almore Atlantic CJSC, a number of founders, including Tugushev, did not fully contribute to the emerging authorized capital, as was originally stated when the company was established. In accordance with the legislation on joint stock companies in force at that time, the unpaid share of the shares of such founders (Tugushev A.I., Romanenko V.V.) was redistributed into the ownership of the company - CJSC Almar Atlantika.
Taking into account the actual results of the formation of the authorized capital of Almore Atlantika CJSC, Tugushev became the owner of 20,318 uncertified shares of this CJSC, and its share in the capital of the company during this period amounted to about 14%.
Until April 2003, Orlov and Tugushev collaborated in business. Then Tugushev informed his partner that he had made a decision to resign to the civil service as deputy chairman of the Russian Committee on Fisheries.
In the same time period, all shareholders of CJSC Almore Atlantika received a written notification from Tugushev about his intention to sell his 14% uncertified shares in CJSC Almore Atlantika. None of the shareholders of this CJSC, except CJSC Norebo Invest, accepted this offer.
Thus, in April 2003, Tugushev, in the manner prescribed by law, sold his 14% stake in Almor Atlantic CJSC to Norebo Invest CJSC in connection with joining the civil service. According to the sources of the editorial office, Orlov personally did not participate in the design of the specified purchase and sale transaction. The execution of all the necessary documents on behalf of Tugushev and under his personal control was done by lawyers. As a result, a deed of transfer was duly executed and personally signed by Tugushev, and an entry was made in the register of shareholders of Almor Atlantic CJSC on the transfer of ownership of 14% of uncertificated shares from Tugushev to the benefit of CJSC Norebo Invest. Tugushev personally presented all the necessary information about his property status to the Personnel Department under the Government of the Russian Federation. Subsequently, Tugushev never challenged the lawfulness of his exit from business in the courts.
I must say that by 2003 the partners had created a fairly serious fishing business, had well-deserved authority and respect among the fish miners. However, in 2003, Alexander Tugushev decided to become an official from the "fish shop". Our sources draw attention to the fact that an already established fish businessman, who has not only solid financial income and a fishing base, but, most importantly, real opportunities for the further development of his business, voluntarily transfers to the civil service with a modest bureaucratic salary. Later it will become clear that this was not done at all out of patriotic considerations.
The civil service for the former fishery was initially not going smoothly. In the course of the mandatory verification in such cases of the information provided by Tugushev upon assuming office in January 2004, the Ministry of Taxes and Levies of the Russian Federation found out that he had submitted false information to the government and actually hid his participation in the management of a number of commercial structures. And only at the end of March 2004 did he submit new information on the exit from all companies. This situation was also superimposed by the fact that the leadership of the State Fisheries Committee actually accused Tugushev of incompetence and presented a report addressed to the Prime Minister of Russia about his dismissal. In the end, however, Tugushev was able to maintain his post, according to our sources, thanks to the patronage of Prime Minister Mikhail Kasyanov, whom the former fishery man helped financially in his political projects. But the campaign in officials, despite such high patronage, nevertheless ended sadly for Tugushev - he was soon accused of fraud and ended up behind bars.
It is curious that Tugushev was appointed to a state post on September 22, 2003. Moreover, as our sources note, from the materials of the criminal case No. 323823 filed on June 1, 2004 against Tugushev and his accomplices, it is clear that already in September 2003 he began to commit criminal acts (later, in 2007, qualified by the Tverskoy district court of the capital as fraud), during which a former fishery man, as part of a group of individuals, fulfilled the role assigned to him as a major leader in the fishing industry, deciding on the allocation of quotas, for which he strechalsya victims and promised them to fulfill their wishes for a cash reward. Having received the money, Tugushev and his accomplices: Linar Zinatulin (head of the Directorate of the Non-Productive Sphere of the Ministry of Property), Vladimir Chekunov and Alexander Lyskov (intermediaries from commercial structures) did not fulfill their obligations, and the victims received a trumped-up and invalid document for the catch of biological resources.
In total, the victims, employees of Pollux, transferred $ 3.7 million to the group headed by Tugushev. The money, according to their instructions, was transferred to one-day companies opened by dummies in a Latvian bank, and they received cash in Moscow . As a result, Tugushev was sentenced by the Tver court of Moscow to six years in prison and a fine of one million rubles. He was found guilty of fraud, which led to the theft of $ 3.7 million. In addition, the Tverskoy court granted the claim of citizen Alexandrov S.F. to Tugushev A.I. in the amount of $ 3.63 million and issued a writ of execution: No. 1-29 / 2007 of September 13, 2007.
It is noteworthy, according to our editorial sources, that while Tugushev was in places not so remote, his former comrade Orlov provided material support to his family.
Until December 2009, Tugushev was serving a sentence imposed by the court. Upon his release, he did not present any claims to the holding’s shares to his former partner, periodically officially confirming the fact of their sale legally. Thus, on 25 March 2010 the UFSPP in the Moscow Region instituted enforcement proceedings No. 43.46.9321 / 2010 in respect of the debtor A. Tugushev. in favor of the victim, Aleksandrov S.F. At the same time, during a questioning of Tugushev by the bailiffs, he stated that he had no shares or other property, since he sold the shares in early 2003 upon transferring to the civil service and therefore was not able to repay the lawsuit. In addition, he informed the personnel of the government of the Russian Federation about the sale fact earlier. All this is confirmed by Tugushev’s own written statements in criminal case file No. 323823. In addition, when the court granted a civil suit against Tugushev in the amount of $ 3.63 million, he stated that he had neither shares nor property.
But suddenly in 2014, he remembered that he still has stocks, our sources say. And statements and complaints flew to all authorities. Having received legal refusals there, Tugushev went to robbers and solvers of all stripes, but this did not produce results either, because his claims had to be justified at least with some, and there is no such evidence in nature, the sources say.
In particular, they give two examples of Tugushev’s appeal to “robbers”.
“After leaving prison, Tugushev was given the opportunity to find a job in Orlov’s company, a source close to the parties to the conflict told our publication. - But over time, he began to go beyond the responsibilities assigned to him of a consultant, to intervene in the commercial, banking and other confidential areas of the holding. All actions of this nature on the part of Tugushev led to a justified undermining of trust in him on the part of Orlov, and as a result of this, in February 2014, the business relations of the former partners were terminated. From that moment, Tugushev switched to direct and strict requirements for Orlov to transfer 33% of the holding’s assets to him free of charge. ”
In particular, our sources say, Tugushev "went to Moscow to solve all the" problems "with a request to deal with Orlov and promised everyone 50% of the sum of his demands for this." They say that many took, actively turned on and even crossed the line of the law, threatened Orlov and his family and friends. Their names are well known to law enforcement agencies. According to these episodes, criminal cases were instituted, and Tugushev himself was delayed and sent to house arrest by the court.
“Tugushev organized the very first“ run over ”in the fall of 2015, shortly after his acquaintance with the lawyer A. Konkov,” says our source. - Role functions in this episode most likely look as follows. The customer, naturally, Tugushev, the participants - the mentioned lawyer Konkov A.V. together with another lawyer A. Begun and reputable merchant P. Krotov. In the course of the implementation of this forceful action against Orlov, his close relatives and business, opponents expressed specific threats of physical and unlawful reprisal. Realistically perceiving these threats, Vitaly Orlov filed an application with the law enforcement bodies of Moscow, according to which the Main Investigative Directorate of the Investigative Committee of the Russian Federation inspected the capital. It is curious that among those who in this story, according to our sources, appeared on the side of Tugushev, there are mentioned very well-known in certain circles and highly “authoritative” citizens whose surnames are known to knowledgeable people for themselves.
From the police testimony of the lawyer of the EPAM JSB, Krasnikhin A.A., representing the interests of Vitaly Orlov: “10.11.2015, at about 16.00, Tugushev A.I., as well as Begun A.A., Konkov A., arrived at the EPAM office. IN. and Krotov P.V. During the discussion of the situation Krotov P.V. in a heated atmosphere, in an elevated tone, he demanded to transfer to Orlov V.P. their claim for transfer in favor of A. Tugushev 1/3 share in the Karat group of companies. At the same time, the transaction price was not reported. The only condition voiced by Krotov P.V. was that the agreement Orlov V.P. must confirm in writing by 2:00 p.m. November 16, 2015
11/13/2015 I, together with Savvin Yu.V. arrived in St. Petersburg, where at the EPAM office a meeting was held with A. Begun During the meeting, Runner A.A. He said that he represents the interests of businessman Traber II, who was approached by a certain unknown A. Begun, a wealthy person living in Moscow, asking to help resolve the conflict regarding the fishing business of the Karat group of companies. During the conversation Begun A.A. explained that to the settlement of the conflict between Orlov V.P. and Tugushev A.I. A. Delimkhanov’s people are involved, who use automatic machines to solve problems and go unpunished. At the same time, Chechen law enforcement agencies can make “bold decisions”, and the existing conflict can go into the criminal law plane. These words were threatening. ”
Note that other testimonies within the framework of this police investigation also mention these citizens. At the end of one of the testimonies it appears: “Also A. Begun explained that, in the opinion of II Traber, if it is not possible to resolve the situation with the shareholders of the Karat group, then Afanasyev D.O. and Orlov V.P. will remain alone before Delimkhanov A. and Krotov P.V. ” However, at that moment this did not happen due to the fact that Vitaly Orlov wisely did not “remain alone” with anyone and turned to law enforcement officers. However, his opponents mentioned in the protocols did not suffer any punishment.
At the same time, it makes no sense to clarify who all of the above-mentioned interests in the Norebo shares were. Suffice it to say that A. Delimkhanov, as it is neatly customary to write in the media, is the namesake of the State Duma deputy from Chechnya and, as they say, the “right hand” of the head of this North Caucasian republic Ramzan Kadyrov, with all the consequences.
Another story of the "nightmare" of businessman Orlov due to the conflict with Tugushev was also not without residents of Chechnya, our sources say. So, a certain Mualadi Dzhamaldaev undertook to “resolve the issue” with the “return” of Karat shares to Alexander Tugushev. It is noteworthy that this story began even at the moment when the investigator of the Main Investigative Directorate of the Investigative Committee of the Russian Federation checked the previous episodes of unlawful actions against Orlov, when “authoritative” businessmen turned to the owner of “Norebo” for the same purpose, as mentioned above .
From February 2016 to December 2016, Orlov received phone calls from unidentified people who demanded a re-registration of 33% of the holding’s shares with Tugushev, while threatening him and his relatives with physical harm if he didn’t. In particular, a certain man with a pronounced southern accent called, introduced himself as “Sasha Tugushev's Kent” and promised to “tear out his legs” and “cut into pieces” the fisheryman and his family members if he did not fulfill the requirements.
According to our sources, when the law enforcement authorities managed to detain the caller, he turned out to be Mualadi Dzhamaldaev. During interrogations, he said that he acted at the personal request of Tugushev for the promised remuneration in the amount of $ 200 thousand. Jamaldaev confirmed this evidence in the judicial investigation.
According to the protocol of the interrogation of the accused of December 4, 2018, Jamaldaev said the following: “... In early 2016, my friend Sergei Khomenko asked my friend named A. Tugushev, whom I did not know, to return the belongings to him (A. Tugushev) I.) stocks in business. I agreed to help for a fee, after which S. Khomenko gave my phone number to A.I. Tugushev, who after a while called me and offered to meet in Moscow to discuss all the details of further cooperation ... ... The meeting took place on February 08, 2016 in the cafe "Coffee House" near the metro station "Trubnaya". During the meeting Tugushev A.I. explained that he had previously been a deputy minister, also said that he was serving a term for a criminal offense that he did not commit, that he had been framed by a childhood friend by the name of Orlov, with whom A.I. there was a joint business in the fishing industry (Karat firm), which, after the detention of A. Tugushev, completely switched from Tugushev A.I. to Orlov. Due to the fact that Orlov V.P. refused to return belonging to A. Tugushev part of the business, the latter asked to be contacted
with Orlov V.P. and force to return part of the business, namely 33% of the shares of Karat. For assistance A. Tugushev promised me cash in the amount of 200,000 US dollars. Also Tugushev A.I. showed me copies of the constituent documents of the Karat company, after which I agreed to give Tugushev A.I. its services in facilitating the return of Karat shares from Orlov to Tugushev ... ... Tugushev A.I. He instructed me in such a way that it was necessary to return the shares putting forward strict requirements, expressing threats against both Orlov V.P. and the family of the latter, as well as at the end of the meeting Tugushev A.I. "Orlov's personal data (his name was Vitaliy), his whereabouts in Moscow, and also Orlov V.P. mobile phone number ...". (Note that spelling and punctuation of the protocols are retained hereinafter.)
Earlier, on July 7, 2017, during a confrontation between Tugushev and Jamaldaev, the latter held the same point of view, which is confirmed by the protocol of the confrontation dated 07/07/2017. Other details of the “order” surfaced during this interrogation: “Then I discussed with Tugushev A.I. all questions, namely, how should, who is Orlov, how did they meet, what kind of relationship do they have, who is behind him. Also Tugushev A.I. reported that police officers and “bandits” stood behind Orlov. I informed Tugushev A.I. that I would solve issues with the “bandits”, and I would also try to solve the issues of returning shares with the police. Further, I said that money needed in the amount of 300,000 rubles for expenses, Tugushev said that he would leave and return in 40 minutes or in an hour with money ... ...
Tugushev A.I. he returned to the cafe where I was expecting him, and brought me money in the amount of 300,000 rubles, which he personally handed over to me ... ”
According to the confrontation protocol between A. Tugushev and Jamaldaev M.D. dated August 8, 2017, the latter said the following: "... After the first meeting with Tugushev, for about a week I could not get through to Orlov while in Moscow. When I got through to Orlov, the latter informed me that he owed nothing to anyone, with A. Tugushev. he paid off long ago. I became aware of this at the first call to Orlov, after this, until the second meeting with Tugushev, I did not call Orlov anymore and did not threaten.
After that, I decided to meet with Tugushev A.I., I called the latter and asked for documents proving that he really is the owner of the shares ... ... I didn’t find out about Tugushev, I was informed about Orlov that the latter was a decent and money-based businessman and no He has no relation to the “brotherhood”, as Tugushev told me ... In October 2016, he learned that the documents confirming Tugushev’s rights to the Karat company were fake, after that I sent an SMS message threatening Orlov and Tugushev that they would float along the Moscow River in good coffins. After that Orlov called me and offered to meet and discuss again that he owed nothing to Tugushev, but the meeting did not take place ... "
Thus, according to the sources of our publication, from the words of Jamaldaev, certified by him personally in the presence of a lawyer, it follows that he acted on the direct instructions of Tugushev. “So, according to the instructions of Tugushev, Jamaldaev, using SIM cards of mobile operators registered on the personal data of other persons, made a number of calls to Orlov from February to December 2016, during which he demanded 33% of ordinary shares from the last transfer in favor of Tugushev registered uncertified shares of Norebo Holding JSC. At the same time, in order to obtain the desired result, he expressed threats of violence against Orlov and his family. ”
Further actions developed in accordance with the following chronology. On December 26, 2016, Jamaldaev was detained. On the same day, the latter was charged with a crime under subsection “b” part 3 of article 163 of the Criminal Code. December 27, 2016 in accordance with Article 91, 92 of the Code of Criminal Procedure of the Russian Federation, Tugushev was detained, the charge of committing a crime under subsection “b”, part 3 of article 163 of the Criminal Code. On December 28, 2016, the Nagatinsky District Court of Moscow in respect of Jamaldaev chose a preventive measure in the form of detention. The period of detention was repeatedly extended and amounted to a total of 14 months. On December 29, 2016, Tugushev was charged with a crime under subsection “b” part 3 of article 163 of the Criminal Code. On December 30, 2016, the Nagatinsky District Court of Moscow in respect of Tugushev chose a preventive measure in the form of house arrest. On March 24, 2017, the indicated district court refused to satisfy the investigator's request for an extension of Tugushev’s detention under house arrest. On March 25, 2017, a preventive measure was taken in respect of Tugushev in the form of a recognizance not to leave the place and proper behavior.
On December 11, 2017, the prosecution of Tugushev was discontinued. According to the investigation, the connection between the latter and Jamaldaev was not proved. To confirm the arguments of the accused Dzhamaldaev that a certain Sergey Khomenko asked him for help in obtaining Tugushev his share of the shares in JSC Norebo Holding, the investigation failed in connection with the death of August 28, 2016 S. Khomenko, about which there is a record of the act of death No. 2757 of September 2, 2016.
On December 13, 2017, Dzhamaldaev was charged with the final version under subsection “b” of part 3 of art. 163 of the Criminal Code. On February 25, 2018, the measure of restraint was changed for the accused in the form of imprisonment on his own recognizance and proper behavior. After that, Jamaldaev hid from the investigation, and therefore was put on the federal wanted list. On November 20, 2018, Jamaldaev was detained by police officers. A preventive measure in the form of detention was chosen.
One can only guess how Tugushev managed to avoid real responsibility for such specific illegal actions, our sources say.
Meanwhile, Russian justice still overtook Alexander Tugushev, but on a different matter. However, the former fishery officer, official and convict was able to leave the country before his arrest and hide in the UK, where, according to our sources, he continues to harbor plans to deprive his former friend and business partner of the Norebo holding. But already without the "robbers" and threats to "cut into pieces", and quite humanely - with the help of the famous English Themis.