The first court of appeal of general jurisdiction upheld the decision of the Moscow City Court (MGS) to extend until August 13 a home arrest period for persons involved in the embezzlement case at Bank Vostochny 2.5 billion rubles. At the same time, the court refused to meet the main accused – the founder of the Baring Vostok investment fund, Michael Calvey, who asked for permission to walk, as required by the doctors: the businessman recently underwent surgery due to cancer.
The appeal hearing of the defendants of the theft case at Vostochny Bank, which demanded the annulment of the IGU’s decision to extend the terms of house arrest, began with a petition from lawyer Timofey Gridnev, representing the interests of the main accused US citizen Michael Calvey. The lawyer asked the court to attach a medical report on the health status of his client. “There is very important information there, which we will talk about later,” the lawyer said. The court granted the defense.
After that, they started the hearings. The persons involved in the case are Baring Vostok partners French citizen Philippe Delpal and Vagan Abgaryan, investment director Ivan Zyuzin, former director of the First Collection Bureau Maxim Vladimirov and former chairman of the board of Vostochny bank Alexey Kordichev, and their lawyers asked the judges to reverse the decision of the Moscow City Court from May 7 on the extension of all house arrest until August 13. At the same time, the defense and the accused asked the judges to appoint as a preventive measure a bail, the amount of which was left to the discretion of the court, or the prohibition of certain actions.
At the same time, defenders and defendants, among whom Mr. Delpal stood out for his insistence, emphasized that during the study of the case materials “they not only did not see the elements of the crime in the actions of the accused,” but even the “crime event” itself.
As Kommersant had already reported, the investigation believes that the defendants accused of especially large embezzlement (part 4 of article 160 of the Criminal Code of the Russian Federation), in December 2015, Vostochny Bank issued a non-repayable loan of 2.5 billion rubles. “First Collection Bureau” (PCB), which was later taken offshore. And two years later, the accused, according to the Investigative Committee, in order to hide the scam, persuaded the minority shareholder of Vostochny Bank Sherzod Yusupov (who is being investigated by the victims) to agree to repay the loan with shares of Luxembourg-based International Financial Technology Group SCA, which at that time only cost 600 thousand rubles However, as the persons involved in the case have repeatedly noted, in 2018, after the restrictions on the use of securities were lifted, the value of the shares amounted to more than 3.8 billion rubles, which was recorded during the third expert assessment carried out on the instructions of the investigation in the fall of 2019. At the same time, both Philip Delpal and other defendants noted that the partners of Vostochny Bank also confirmed this price, who repeatedly contacted a lending institution with a proposal to repay a loan of PKB 2.5 billion rubles. in exchange for obtaining shares of International Financial Technology Group S.C.A. But the bank every time refused this offer. Which, according to lawyers and their wards, once again confirms their version that the “stolen” loan has long been covered by securities that exceed the price of the amount of funds used by the PCB.
All this did not become news for the judges, who repeatedly asked the participants in the trial not to “try to give arguments that are admissible when considering the merits of the case”. And the prosecutor even asked three times to make comments to some of the defendants and lawyers for violating the procedure for examining defense requests.
When the turn came to medical documents submitted to the court by lawyer Timofei Gridnev, it turned out that in March of this year, Michael Calvey had a very serious illness.
He did not call him, but stated that “Michael, in the course of participating in this completely unreasonable case, fell ill and is struggling with this disease.” “I have no right to talk about this in more detail,” Mr. Gridnev said. “But if Michael considers it necessary to say more about this, he will tell more.” After that, Mr. Gridnev asked the court to cancel the decision of the Moscow City Court to extend the client’s house arrest until August 13 and release the defendant Kalvi on bail, the size of which was left to the discretion of the court.
In turn, the investigator, prosecutor and representatives of the victims spoke out against the satisfaction of the defense. Then Michael Calvey spoke. Once again, he reminded the court that he was convinced that the basis of the criminal case was not the story of the notorious loan, but his long-standing corporate with Mr. Yusupov. According to Mr. Kalvi, during the merger of Vostochny and Finvizhn banks, owned by Mr. Yusupov’s partner Artem Evetisyan, 3.6 billion rubles were secretly withdrawn from the last credit institution. This was the reason for Michael Calvey’s appeal to the London Arbitration Court, and Sherzod Yusupov reacted with a statement to the Russian law enforcement agencies.