LATEST NEWS IN THE CASE:
The “Anti Corruption Action Centre” team is seeking punishment for the organizers of criminal schemes within the State Investment Project, whose officials have caused losses to the state of at least 400 million UAH. This state structure, chaired by Vladyslav Kaskiv, became “famous” by putting deposits of millions of UAH into financial institutions that cease to exist.
In July of 2015, the revision by the State Financial Inspection subdivision State Invest Project – SE “Air Express” – confirmed, as explained in our statement, about the many frauds committed that caused losses to the state budget of several hundred million UAH. Therefore, we are seeking punishment for Kaskiv and his subordinates.
We appealed to the Prosecutor General’s Office, which passed our statement to the prosecutor of Kyiv. They reported that we are investigating the reported facts through criminal proceedings that have been impaired since 2014. Later, the Kyiv Prosecutor’s Office reported the advanced suspicion of the acting director of SE “Air Express”, Dyachenko A.V. However, on 06/09/2015, the criminal proceedings ceased due to the search for Dyachenko.
THE BOTTOM LINE:
The newspaper, “Mirror of the Week”, wrote an article that gives more information on the scheme constructed by Kaskiv’s subordinates. In particular, journalists pointed out that in February of 2015, the State Agency for investment and management of national projects opened a lawsuit against “Air Express”, with a demand to terminate the deposit agreement that they say before, without the knowledge of colleagues, transferred the SOE’s money to the deposit.
According to journalists, Yuriy Nikolov and Olexa Shalayskyy, by all indications the court case was conducted not to find the truth, but to cement financial obligations. The state entrusted their money to LLC “Sapphire Finance”, which appeared in late 2013, and in May of 2014 received a SSMNC license for conducting lending activities and then six months later withdrew money from the State Investment Project, promising 22% per year.
The ultimate owner of the company was lawyer Ivan Radik, an expert on the closure of troubled companies. Documents, that were shown before the edition, showed the issue price of 82 million UAH. Moreover, it appears as though again in December, “Air Express” deposited another 25 million UAH. However, not in “Sapphire”, but in ProFin Bank. Interestingly, in December, when the state gave funds, the National Bank of Ukraine (NBU) checked ProFin Bank. However, in January of 2015 the bank busted along with all the deposits.
The court found the deposit contract between the state enterprise and LLC “Sapphire Finance” to be lawful. On the “Air Express” side, it signed a temporary acting director, Hennady Dyachenko. What’s more, he received this position with the right to sign in November of 2014, signed in December and then afterward resigned from the post.
The reason for mentioning Dyachenko’s name in the case is surrounded by the May 2014 purchase by “Air Express”, that saw the company purchase several plots of land for construction of a railway between Kyiv and “Boryspil” international airport. According to available documents, “Air Express” was able to purchase three plots of land near Velyka Oleksandrivka in the Boryspil region, totaling 7.7 hectares and costing 46.29 million UAH.
The media writes that the purchase was pointless and expensive. First, the final merchant was an individual with residency in Sevastopol. Second, the process of transition of these plots from one hand to another has happened twenty times. If in 2013, while the land was in private possession, the land appraisal was 2 million UAH, whereas an appraisal of the land done for the purpose of the state enterprise purchasing it, was assessed at 46 million UAH.
Journalists believe that the state threw 46 million down the drain, because there is still no train that travels to Boryspil and no railway built for that matter. Particularly, officials recently announced that it is advisable to build a railway line underground.
Interestingly, the sales contracts on behalf of “Air Express” were signed by Hennady Dyachenko. Just as in the first story, he was placed as director for a time, and following the signing was immediately released. As a result of his activities, the SE lost over 150 million UAH and “assets” were IOUs and parcels of lands bought at inflated prices.
“Mirror of the Week” writes that the games with the courts, whose decisions covered up the disappearance of public funds, began in the State Investment Project right after the Maidan. The first such trial occurred in May. At that time, the SIP sued LLC “Borzhava Resort” and LLC “Trade House “Borysfen”, demanding they return the money – 165 million and 94 million UAH respectively.
It turns out that even in 2012, Kaskiv’s National Agency lent these companies money at an interest rate of 3.75% per year for projects “Olympic Hope 2022” and “Quality Water”. Recall that in 2012 there was published evidence that “Borzhava Resort” is practically a family company to the then head of the National Agency Vladislav Kaskiv, along with his managers, cousins, neighbors and others.
Journalists also concluded that although Kaskiv de jure and left the SIP, by de facto it has remained there after the Maidan, affecting the SE through its associates. Particularly, after the change of power of the Chairman of the National Agency to Serhiy Yevtushenko, who in 2010 worked as a deputy to the agency under Kaskiv, was chairman of the coordinating council of one of the most scandalous national projects, “LNG Terminal”, which Kaskiv located a “ski instructor” from Spain for the investor.
“There is nothing surprising in the fact that the agency lost all the court cases, which they initiated, and even tried to challenge the decision. It is a pity that it is unknown what happened to the 400 million” – wrote Nikolov and Shalayskyy.
LEGAL ASPECTS OF THE CASE:
In light of the above, together with MP Serhiy Leshchenko, we:
- Appealed to the Prosecutor General of Ukraine, V. Shokin regarding the actions of the Agency officials. First Deputy Prosecutor General V Huzyr, in a letter dated 04.10.2015, reported that the appeal was sent to the Kyiv Prosecutor’s Office. In a letter dated 04.24.2015, the acting prosecutor of Kyiv said that the evidence provided to us will be checked by investigators through criminal proceedings, case #12014100000000845, from 06.06.2014 for the crime provided under chapter 5, Article 191 of the Criminal Code of Ukraine (misappropriation, embezzlement or taking funds by malpractice in especially large quantities) and for the crime provided under chapter 2, Article 364 of the Criminal Code of Ukraine (abuse of power or position, resulting in serious consequences). In addition, in a letter dated 04.06.2015, the acting Chairman of the State Financial Inspection of Ukraine (SFI), Dyba, M.I., stated that the currently the planned revision of the financial and economical activity of SE “Air Express” is ongoing and we will report the results. In a letter dated 06.07.2015, director of the SFI Shkuropat, A.G., confirmed the information we set out to address. In particular, the SFI indicated that the results of the audit of SE “National Project “Air Express” found that officials placed almost 82 million UAH on deposit in the organization, the location of which is unknown. In addition, 25 million UAH was deposited into a bank who the NBU declared insolvent. The audit also found that the plots of land purchased by “Air Express” for the building of the railway, exceeded their market value by 36 million UAH.
- Asked the acting prosecutor of Kyiv, Valendyuk A.S., about the progress of the investigation. In a letter dated 06.11.2015, Valendyuk A.S. stated that the criminal proceedings of 02.06. 2015 identified a suspect, the acting director of SE “Management of Construction and Management of the National Project “Air Express”, Dyachenko A.V. However, on 06.09.2015 the criminal proceedings ceased on account of a search for Dyachenko.