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“Bankruptcy cannot happen twice, just like death”: Mukhsin’s lawyer found similar damage in TFB case

347,000 Gazprom shares belonging to Lidia Musina were seized again.

The trial in the Vakhitovsky Court in the Robert Musin case began yesterday almost an hour late. That is exactly how long it took the staff and technical services of the Kazan Pre-trial Detention Center No. 1 to conduct videoconferencing (VCC) with the participation of the convicted banker.

As it later turned out, the application sent by the court on October 11 was delivered to the bailiffs only on the 14th after repeated phone calls, and the district court blocked the communication channel with the repaired video conference room and brought the unrepaired one for consideration. In order to bring it to court, the chairman of the case, Judge Yuri Arsenyuk, twice personally called the head of the pre-trial detention center, Yevgeny Ushanov.

Please note that not a single meeting on this case related to the pre-trial detention center has taken place recently without delays. The court had decided several months ago to allow the accused to participate via video conference. A joint replacement operation allows the 60-year-old banker to walk on crutches without the additional hassle associated with traveling in a travel car. For his health.

A representative of the interested parties, Lidiya Musina, unexpectedly appeared at the meeting. Andrei Kuzovenkov inserted his speech between the arguments of the prosecution, the victim and the defense. He asked the court to take into account when making the verdict that in this case the property of the defendant's wife, who was not responsible for his actions, would be confiscated.

Kuzovenkov recalled: In September 2023, the court seized 50% of the shares of Analytics LLC, 30% of the shares of the Old Friend company, 178.8 million shares and 9.7 thousand shares of the open-ended mutual fund Ak Bars - Shares of Markets and Financial Instruments". Ordinary shares of Transstroy Corporation. The representative did not disclose the value of these assets, but noted that they were arrested as the property of Robert Musin. In November 2020, the same Vakhitovsky court divided this property between the spouses, but Lidiya Musina received her husband's share in Analitika and all his investments in Ak Bars shares, as well as shares and shares of Drug and Transstroy. Divided in half between the Musins.

At the same time, on September 25, 2024, the Vakhitovsky Court of Kazan prohibited Lidia Musina from alienating other parts of her property. These are 347.2 thousand shares of Gazprom and a quarter of the authorized capital of LLC National Corporation Arkon. . According to Realnoe Vremya's sources, the property was previously seized as part of a criminal case, but later the Supreme Court canceled the seizure and returned the materials for consideration.

Now the seizure order is being challenged again: the lawyer proves his client's point of view and requests that the seizure of assets be lifted after the verdict. If not, at least indicate the specific duration of the registration ban.

When Judge Robert Musin gave the floor, he delegated these powers. "Your Honor, I think my lawyer will speak. We have prepared together."

Alexey Klyukin has been defending the former head of Tatfondbank for more than seven years, since March 3, 2017. On that day, Musin's banking license was revoked, the first criminal case against Musin was opened, and he appeared in court under arrest.

Klyukin's speech in yesterday's debate lasted almost an hour and a half. He expressed surprise at the prosecution's attitude. "He never thought that the minutes of a meeting of the credit committee, at which he was not present, could be evidence of the granting of a loan. And I could not attend because I was not in the committee at that time."

At the end of the speech, the lawyer suggested that the court hold only twelve companies responsible for issuing bad loans: Kazan Agricultural Equipment, Autoparking, Aida and D, Audiotrade, New Petrochemistry, Audit Practice and Medresurs. "Region", "Technology Plus", "Technoregion", "TK Sputnik" and "Company Traverse") for a total amount of 4,055,000,000,423,00854 rubles 47 kopecks. Seven of these organizations were part of the DOMO group of companies, the beneficiary of which, according to the first decision of 2021, was Musin. The companies remaining on the list are directly related to the current defendants, which the former chairman of the board of TFB himself does not deny.

Klyukin called on his clients to provide these 12 companies with "certain compensation for damage under Part 1 of Art. 201 of the Criminal Code of the Russian Federation (exceeding official powers in a commercial organization) and to be prosecuted under this article. end with the expiration of the statute of limitations of <6 years> (<December 2022>)." He also said that civil claims in the amount of 26.7 billion rubles brought by the DIA and the prosecutor's office in this case could not be satisfied and these claims would have to be recalculated taking into account the decisions of the arbitration court and the circumstances established in the trial.

The lawyer also pointed out that all transactions involving the so-called unequal replacement of assets in the amount of 9.7 billion rubles and claims for another $1.25 billion upon deduction of collateral should be excluded from the subject matter of the lawsuit.

At the last meeting, TFB participant Konstantin Golovko, represented by prosecutor Elena Petrova and the representative of the victims of the DIA, stated that all three parts of the charge were fully proven by the deprivation of bail. A total of 15.6 billion rubles. were exchanged for good assets for bad assets and bad loans of as many as 35 companies. The prosecutor insisted on punishing Mushin with nine years of imprisonment under Article 2.201 of the Criminal Code of the Russian Federation (abuse of power by commercial organizations entails serious consequences, including failure to meet creditors' claims, revocation of licenses and bankruptcy). the last punishment will be 16 years of imprisonment in the first. General regime colony Combined; Golovko supported the named term.

“Even more surprising is the prosecutor's proposal to base the indictment on the findings of the state-owned company DIA, essentially on the subjective opinion of the injured party.” Continuing the discussion, Alexey Klyukin praised Golovko's remarks for their biased meaning. The decision of the Tatarstan Arbitration to hold Musin and other bank managers accountable for their subsidiaries, as if there was no need to evaluate the evidence and positions of the parties regarding the transactions carried out and the scale of losses. - The court can only return to the deliberation room with this document and impose a penalty... But the term must be calculated precisely...

The lawyer reminded the law that when combining the crimes, the final punishment cannot exceed half of the maximum term for the crime. According to part 2 of article 201 of the Criminal Code, this maximum term is 10 years. Therefore, if the prosecutor found Mushin guilty of these two crimes, partial additions must be made. Klyukin reprimanded the prosecutor. "10+5 is definitely not 16."

In addition, the lawyer said in his speech that more than 100 prosecution witnesses were questioned in this case, but a confrontation with the accused never took place. In other words, the employees of the Investigative Committee did not see any contradiction between Musin's words and others.

"So what are the reasons to question his specific and consistent testimony? - Alexey Klyukin argued. "This situation only strengthens the conviction of the absurdity of the accusations... As a pretext, the investigators used the decision of the Bakitovsky Court of Kazan dated September 27, 2021, which consolidated all loans issued to the bank since January 2013." The decision was made. So the date of the indictment of my client in a criminal case is only the last part of this period.

According to the accused and his lawyers, after passing judgment in the episode of lending to the DOMO group (once a large network for the sale of electronic goods at the federal level - ed.), the security forces figuratively "handed over the rest". Evidence and circumstances: "You can manage your loan portfolio without having to worry about keeping track of it." For example, for companies that have nothing to do with Mucin.

During interrogation, the former banker noted that the text of the indictment in the second case was similar to the first verdict. And he indicated the same page numbers in these two documents. "In my opinion, this is a copy of the same text! - said Klyukin, pointing to the clumsiness of the work. - The 33-page indictment lists 35 companies, of which only three were mentioned earlier in the text because they appeared in the first criminal case. The other 32 companies are not mentioned in the indictment. How they got there is a big question."

The definition of subsidies to bankers by the AS of Tatarstan is clearer. Two groups of companies are described here. One is code-named "Electronics" (in which seven corporate borrowers of the DMO group are listed, all of which provide financial services to Global Consulting), the other is code-named "Financial Brokerage" (here the general accounting is carried out by Bukhgalteriya.ru LLC). For some reason, the Investigative Committee did not question the director of the second audit company and several other witnesses of the second company of the group.

Klyukin claims that there is a second group that has nothing to do with Musin.

At these words, one of the DIA employees shook his head...

— During the discussion, representatives of the victims mentioned the statements of former vice presidents Tagirova and Nasyrov, who stated that they acted on Musin's instructions. So the question arises: if they did not know about the plan and acted only on instructions, why should they be vicariously liable? After the arbitration court's decision on the sensational bias of DIA representatives, all board members, including four chairmen, were found guilty of the bank's position. "In a criminal case under the same circumstances, only one of my clients is guilty of everything," said the banker's lead lawyer.

According to him, Ramil Nasyrov's testimony clearly shows that he was defending himself against a civil lawsuit brought by the DIA during interrogation.

Klyukin examined each of the "non-Musin companies" and found that Ilyin, the first head of the DIA, who was named as a victim in 2009, had pointed out to the Investigative Committee the lack of connection between them and the current defendants in this case. At the same time, Ilyin most often reported on the connection of Tatfondbank and its employees with credit companies of the Financial Intermediary Group.

For example, regarding Artug and Creative-Invest CJSC, the lawyer stated, referring to the victim's representative: "I am connected to the bank through IA" Mingazetdinova. (Until 2015, he was the chairman of the board of directors of TFB, and then became a member of the board - editor's note). The bank's branch manager was also a beneficiary of the said JSC, but this did not affect the investigation," the lawyer said.

As for the company “Active Center”, he said that, according to Ilyin's testimony, it has no connection with Musin. At the same time, Klyukin agreed with the words of the current DIA representative Konstantin Golovko. The founder of the company was Lomovtsev, who previously worked as Musin's bodyguard. Klyukin stressed that this was almost 10 years before the sane era, after which in 2009-2010 Lomovtsev headed the bank's bad debt collection department, where he was subordinate to the head of the security service, and later his work was supervised by deputy director. President Tagirova. “I reported to her about my work every week. Under his command were 60 people, including employees of branches across the country. In the statement there is not a word about the connection between Active Center and Musin, nor about the fact that Robert Renatovich was aware of his position in this company,” the presenter stressed.

He also pointed out that the DIA and security officials wrongly branded a number of companies as "technological borrowers." Among them is the Triumph group of companies, whose solid land assets are still of interest to the victim, and CJSC TPK Agrotrade, a multi-billion dollar company, a major agricultural producer, and once the founder of a private airline. Musinsk-based New Petrochemicals was once tasked by the Central Bank and the DIA to participate in the restructuring of Timer Bank, as well as Timer Bank.

Klyukin recalled the emphasis in the prosecutor's speech: the transactions Musin is accused of were not the subject of investigation in his first case. He does not contradict this. The transactions are different, but their serious consequences are the same.

— Revocation of a license, bankruptcy and subsequent liquidation of a corporation (that is, the death of a person in the physical sense) cannot occur twice. Therefore, in this case, it cannot be separately recognized that Mushin's actions when he was already convicted led to the same result, regardless of the amount of damage,” the lawyer explained the position of the defense and put forward arguments for mitigating the sentence. Fees under Article 201 of the Civil Code.

Also at the conference, the lawyer said that the allegations of unjustified deprivation of the deposit were not supported by evidence. In one transaction, there was no evidence that either the document itself or a copy of it was included. component. In another transaction, the signing of a photocopy of the lien removal agreement was confirmed. "This is something new in the practice of presenting proof of eligibility," said Klyukin. "I have not seen anything like this anywhere else," he noted.

The defense insisted on an investigation to determine the market value of all allegedly overvalued assets, but the Investigative Commission refused. Klyukin believes that “the structure of law enforcement is being destroyed.” During the discussion, he quoted in detail the testimony of the former deputy chairman of the TFB, Vadim Merzlyakov, who oversaw stock trading. During interrogation, he said that initially the DIA confirmed the balance sheet assessment of the shares received and did not classify them as “technological assets,” but a year after the completion of the transaction, the state-owned company made “adjustments” and inflated the price by 2.9 times. Merzlyakov noted: Such adjustments are unacceptable. An assessment of the situation must be made at the time of the transaction. He also recalled that the DIA had previously accepted the same shares as collateral for loans from Timer Bank and that they were extremely liquid.

Klyukin told the court: the high value of the shares was confirmed by the appraisal report dated March 20, 2020, which assessed the land plot of the Ak Bars Horizon fund, which borders on and is located on the land plot of CJSC TFB Rentny. In the same area. At the time of the consideration of the transactions, closed areas of investment funds in three districts near Kazan were transferred from agricultural land to settlements in a manner agreed by the authorities of the republic. The goal is to increase the liquidity of this asset and increase its leverage in terms of the financial recovery of the stock exchange. And the assessment at the end of the transaction was made taking into account the future state assumed in such cases.

The defense attorney saved Trump's arguments for the end. According to him, as part of the bankruptcy proceedings, DIA's lawyers tried to challenge all foreign exchange transactions involving Moscow Credit and RGS Bank. "And on all points, the injured party refused to testify. In other words, they ultimately decided to leave my client's assets in the bank. "They tactfully kept silent about this during this process," the lawyer said in his speech, attaching a table with data on arbitration awards. "I believe that the related civil claim is also illegal and groundless. They chose a land parcel. And now they are demanding compensation from me from the client."

A sentencing date for this case has not yet been set.

Источник: sMart-lab.ru - Блоги Инвесторов, Форумы по акциям, Котировки