Yesterday, the Investigative Committee of Russia announced that, as part of the base of an investigation of Yukos have been established irregularities in privatization, which, in turn, casts doubt legality of the decision of arbitration at The Hague, awarding $ 50 billion compensation to former shareholders of the oil company. According to lawyers, such evidence may be grounds for its cancellation, only if they are confirmed by a decision or verdict of the Russian court. However, as it became known “Kommersant”, a witness in the criminal case of Yukos Russia already uses in a US court, where the oil company’s shareholders to enforce the decision of the Hague arbitration.
Yesterday, the official representative SKR Vladimir Markin said that in the investigation of the so-called base case of Yukos, which was instituted in March 2003, according to the article. 160 and Art. 174.1 of the Criminal Code (misappropriation and money), the investigation found a violation of competition and antitrust law when held for 12 years before the privatization of the oil company. Then participate in the investment tender and auction pledge command of Mikhail Khodorkovsky presented actually belong to him JSC “Laguna” and JSC “Reagent”, arguing that they are separate legal entities. In the competition and won the auction “Laguna”, but the payment for the shares, according to investigators, it was made at the expense of Menatep Bank. In “Lagoon” same investigation established that the money was not available. This Menatep paid for the shares were not returned the money, and the bank itself bankrupt. Acquiring Yukos shares undervalued, Mikhail Khodorkovsky, according to the TFR, has promised to invest in the development of the oil company’s $ 359 million of investment funds, but did not. Thus, according to investigators, the shares were received free of Mikhail Khodorkovsky, on other people’s money, that is actually stolen. Subsequently, the shares issued on the different legal entities, and ended up at Hulley Enterprises Ltd, Yukos Universal Ltd and Veteran Petroleum Ltd, registered in Cyprus and the Isle of Man.
All of these companies, according to investigators, were also controlled by Mr Khodorkovsky, and payment for shares are only instruments for visibility, but actually missing. Therefore, it is believed in the TFR nor the company nor the Mikhail Khodorkovsky has not made any investments, instead of being an investor, had no right to sue the Hague international arbitration in connection with the violation of their rights.
In July 2014 Arbitration in The Hague awarded the $ 50 billion compensation Hulley Enterprises Ltd, Yukos Universal Ltd and Veteran Petroleum Ltd. According to the arbitration, Russia violated the rights of foreign investors on the Energy Charter Treaty and to pay them compensation. After that, the former shareholders of Yukos appealed to the courts of Europe and the United States with the requirement to recognize and execute the decision of the Hague arbitration. In France and Belgium, they have already been carried out, and a number of Russian assets arrested. In the US trial continues. Russia is trying to cancel the arbitration decision, appeal against them in the District Court of The Hague, whose decision can be made already on 20 April.
According to lawyer Roman Zykov, evidence obtained TFR, at this stage can hardly be grounds for cancellation of the District Court of The Hague arbitration decisions on compensation for Yukos. “One of the reasons for the annulment of the arbitration can be his contrary to public policy, for example, if it is proved that the Yukos shares have been derived from criminal activity. However, in the absence of a guilty verdict of the Russian court on this issue, the Dutch court is likely to start from the presumption innocence Yukos shareholders, “- says Roman Zykov.
Meanwhile, the “Y”, in the court of the District of Columbia, which is now considering the recognition and enforcement of decisions of the Hague arbitration at $ 50 billion, have been given written testimony of a witness that the former shareholders of Yukos, which sued in The Hague, are not investors, but only intermediate companies for nominal ownership of shares of the oil company. Indications (available at the “Y”) gave the former chief executive of the joint venture “Rashshin Trust and Trade” (PTT) Gitas Povilo Anilionis, a witness in the first trial of Mikhail Khodorkovsky and Platon Lebedev.
Top-manager of PTT, the chairman of the board of directors, Mr Khodorkovsky was found that the company was founded Menatep Bank and the Swiss Menatep S.A. to provide advisory services, as well as the establishment and registration of various companies that were to participate in the privatization. Established companies were not legally affiliated, but were actually controlled by PTT. SP network comprises about 450-500 Russian legal entities and about 100-120 companies in offshore jurisdictions that were not their own activities and are used for holding assets, loans and profit from Yukos and other holdings of the group, said Mr. Anilionis. According to him, registered offshore, to hide the real owners of companies and other assets obtained through auctions Menatep. It PTT, according to the witness, has created a “Laguna” and “reagent”, which have been allowed to participate in the pledge auction Yukos shares and nominee directors of the Company are employees of PTT.
Mr. Anilionis also said that the “Laguna” won the investment competition, received 33% of the shares of Yukos, and the auction for which the company received 45% of NK as collateral in exchange for $ 159 million of credit in favor of the government. As part of this in 1995, he said, he had concluded agreements between the “Lagoon”, Russian Federal Property Fund and the State Property Committee. “Subsequently, from 1996 to 2000, PTT staff carried out a series of transactions intended to move the shares of Yukos in offshore”, – said the witness. Moving happened, he said, in three stages: first, 33% of shares (on the basis of investment tender) for the purchase and sale contracts were transferred to ZAO “Yukos-Trust”, then in the same company through ZAO “Mont Blanc” were transferred and 45% Yukos shares, as the government did not return the loan. After that “YUKOS-Trust” was renamed the “Yukos Universal”. In 1998, Yukos shares were transferred to the company “EmKyuDi” from the British Virgin Islands, and then five separate offshore companies, which are also controlled by members of the PTT. The reason why the shares were distributed in five offshore, the witness describes that the transfer of a 20% stake in a company would require the approval of the Ministry for Antimonopoly Policy. Subsequently, Yukos shares have been resold several times, and in 2000 the majority of the securities turned in Cyprus Hulley Enterprises (one of the plaintiffs in favor of whom the Hague tribunal awarded compensation).
Mr. Anilionis concludes that, despite the official change of owners of Yukos, its shares remain under the control of the PTT and “in practical terms, the shares actually belonged to and were controlled by Khodorkovsky masters and Lebedev. ” Incidentally, the statement also says TFR witness testimony, it was reported that the companies involved in transactions with Yukos shares, “had no autonomy, performing a specified owner (Michael Hodorkovskogo.- ” b “) on transfer of shares from one company to another. ”
It should be noted that the statement of the TFR has caused a surprise at the press-secretary of Mr Khodorkovsky Küllo Pispanen: “And why the investigation did not talk about it until the Hague court considered claims Yukos shareholders to Russia ? Maybe if told about it in time, and Russia would not be ordered to pay a $ 50 billion? ” At the same time press secretary said that Mikhail Khodorkovsky has refrained from comments, considering them meaningless.
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