For one of the night courts has registered 95 of the bankruptcy claims of the debtors of the Bank “Ugra”
The events surrounding the bankrupt Bank “Ugra”, whose outstanding obligations to creditors amount to almost 200 billion rubles, developing under the detective scenario. In the Federal register “E-justice” discovered 95 new cases on bankruptcy of enterprises that are borrowers, guarantors or pledge holder of the Bank. All the cases were opened for one night – in time between 18:45 on 29 April and 04:30 APR 13 – on the claims of the companies, as expected, associated with the former owner of Ugra Alexei Hominem.
Representatives of the Central Bank last year said that the “fan” of bankruptcy of such companies is “measures aimed at minimizing the probability of return of funds” Bank “Ugra” as to the creditor. In a similar scenario last year, from 3 to 5 may, was published statements from various entities of the intention to submit claims for bankruptcy against 94 companies. A list of these potential bankrupts almost literally coincided with the list of companies that are defendants in the lawsuits of the interim administration “Ugra” – for the recovery of debt, handling debt by a pledge of and participation in the bankruptcy proceedings as a creditor.
Experts in comments to the media then expressed confidence that actions aimed at liquidation of the enterprises – debtors “Ugra”, initiated personally by Kutinym. Commenting on the situation for RBC, the FMG Group partner Nicholas Kolenchuk, in particular, noted high “likelihood that this group of requirements is controlled by a single beneficiary, and bankruptcy serve the same purpose.”
The name of the former owner of the Bank “Ugra” as the chief person concerned in such manipulation the other day and called the Director ekspertno-analytical Department of the Agency on insurance of contributions (ASV) Yulia Medvedeva. Speaking at the St. Petersburg international legal forum, she stated that 98% of all issued “Yugra” loans (about 240 billion rubles) were aimed at financing the business of its owner Alexei Khotin in real estate and oil production. “I have to admit that the Agency first encountered this scale and organization of activities for transfer of assets from the Bank and the withdrawal of those assets from the risk areas for their collection,” – said Medvedev, quoted by the press service of the DIA.
The work of the ASV on the return derived from the Bank funds is complicated by the fact that starting with 2012 (and, obviously, preparing for bankruptcy “Ugra”) Hawtin systematically translated he owned assets in Trustees. In particular, the nominal owner of the group “Rus-oil” uniting the enterprises of the oil industry, is Sergey Pidlisetskiy long – standing partner of Hotin from the time of active buying up of the Moscow real estate. In the few interviews Pidlisetskiy acknowledged that the company was created on money hotina; it is also known that key assets such as NK “Dulisma”, “Negusneft”, “Trimleft” etc., passed in structure “Rus-Oil” from the British company ExillonEnergy, the majority shareholder of which is still ex-owner of the Bank “Ugra”.
For example, in 2015, the Financial Times wrote about the purchase of Haminim and his partner Alexander Klyachin controlling interest in OOO “polar Lights Company” the American company ConocoPhillips. A year later, Russian media reported on the purchase of “auroras” Sergei Koshelenko, who is also a non-Executive Director ExillonEnergy with a salary of 240 thousand pounds a year, according to the latest public annual report of the British company. And in the same year, this oil company was transferred in trust “Rus-Olu” of Ponticello.
Hotina affiliation with those companies, which are trying to get debts temporary administration of the Bank “Ugra”, is indirectly confirmed by dozens of such coincidences. That is why the DIA is actively pursuing amendments that would effectively use the practice of vicarious liability. According to Yulia Medvedeva, the Agency has repeatedly taken the initiative to amend the legislation that would allow it to foreclose on the property actually owned by the perpetrator/responsible person, but decorated by third parties, and strengthen the practice of interim measures.
While such laws are not adopted, Hawtin, apparently, trying to play with state-of-hide and seek (hiding his involvement in the companies-borrowers, guarantors and mortgagees of “Ugra”) and catch-up – playing on advance. Night action – not just obvious last episode of the game: to catch the bankrupt company on claims of third legal entities earlier than the interim administration of the Bank that would allow it to directly participate in all contest procedures and to return the proceeds from the sale of the assets of the money defrauded depositors of “Yugra”.
The grounds for the night avalanche of lawsuits could not be prepared in advance, and there is every reason to assume that it was part of a big Scam aimed at the withdrawal from the Bank “Ugra”. In General terms, the scheme is as follows: controlled Hotin the company receives a loan from the Bank and immediately enters a deliberately non-executable contract with a third legal entity, also controlled by the owner of the Bank, to execute any works or the provision of services. The contract provided, as a rule, a 100% prepayment. Further obligations under the contract are not fulfilled, the firm-the customer sends the requirement about return of means, the contractor is responsible that could not fulfill this demand due to financial situation and all on – bankruptcy. Money by this point, of course, have been spent or taken abroad by…
In parallel Hawtin is trying to establish control over the creditors ‘ Committee of a bankrupt Bank “Ugra”, promising to return the money to depositors-natural persons, whose deposits exceed the amount of 1.4 million rubles, which returns, as you know, guaranteed by the government. Recently, the media reported that the company “Integrated investments”, which is associated with the former owner of the Bank “Ugra”, sent a letter to the leader of the initiative group of depositors of Mikhail Dolmatov with an offer to partially buy back requirements on their deposits that exceed the insured maximum.
This “carrot” for investors Khotin will cost about 16 billion rubles, while the total amount of creditors ‘claims against a Bank exceeds 200 billion in Return, the former the owner intends to control created by the creditors’ Committee, and “there is reason to believe that in relation to the actions of the bankruptcy Trustee will be opposition.” Simply put, the return to the Treasury the remaining amount of funds withdrawn will be forgotten.
Thus, the words of the representative of ASV, who described the scope and quality of asset withdrawal from the Bank “Ugra” unprecedented, does not seem an exaggeration. Fraudulent operation continues, and in the literal sense of both day and night.