November 10, 2009
Par Nadejda Zaitseva
Artur Kirilenko, le co-propriétaire de la compagnie de construction Stroimontage, est soupçonné de faillite préméditée et d'avoir siphonné les actifs de la société.
Mardi dernier, les employés du ministère de l'Intérieur ont perquisitionné les locaux de Stroimontage dans le cadre d'une affaire en cours [...] un représentant de Stroimontage, n'a ni confirmé ni infirmé cette information. La iolations de l'article 196 est passible d'une amende de 200.000 à 500,00 roubles ($ 6,890 à 17,230 $) ou jusqu'à six ans de prison.
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Stroimontage Offices Searched
By Nadezhda Zaitseva
Artur Kirilenko, the co-owner of Stroimontage construction company, is suspected of premeditated bankruptcy and siphoning off the company's assets.
Last Tuesday, employees of the Ministry of Internal affairs searched Stroimontage's offices as part of an ongoing case opened in September by Baltiisky Bank in accordance with article 196 of the Criminal Code (premeditated bankruptcy), a law enforcement source told Vedomosti. Dmitry Bogolyubov, a representative of Stroimontage, did not confirm or deny this information. Violations of article 196 are punishable with a fine of 200,000 to 500,00 rubles ($6,890 to $17,230) or up to six years in prison.
Baltiisky Bank is demanding that Kirilenko, the principal shareholder and head of Stroimontage, return two loans worth a total of 965 million rubles ($33.2 million). Kirilenko had personally guaranteed the repayment of the loans, which were issued to Stroimontage and its subsidiary company KosMonblan (Mont Blanc) in 2008.
Vedomosti obtained a copy of an official statement (dated Sept. 24) detailing the charges being brought against Kirilenko. According to the document, he and Vladimir Zakharov, the head of KosMonblan, signed credit agreements with Baltiisky Bank, and then transferred their assets once the loans had been obtained. The assets were siphoned off by stripping KosMonblan of its proprietary rights and deliberately selling real estate at below-market prices, which inflicted especially serious damage on Baltiisky Bank, the statement said. Stroimontage won a concession in the courts when the contract according to which KosMonblan had financed construction of the Monblan business center was declared invalid, and now the office center belongs to Stroimontage.
The Monblan center was offered as security on a 715 million-ruble ($24.6 million) loan issued to KosMonblan, Oleg Shigaev, president of Baltiisky Bank, said in April. In September, Kirilenko offered the center to the bank as repayment of the loan.
“The bank's suspicions are confirmed — the management of Stroimontage deliberately created a situation in which a group of companies controlled by Kirilenko was knowingly unable to repay the obligations incurred,” said Yelena Sanarova, a representative of Baltiisky Bank.
Opening a criminal case is the most effective means for a creditor to prove their rights, said Yegor Noskov, a managing partner of the Duvernoix Legal law firm. If the investigation determines that Stroimontage's bankruptcy was premeditated, the courts may re-examine their ruling that declared the Kosmonblan investment agreement void and invalidated the business complex as collateral, said the lawyer.
In addition to the 715 million ruble ($24.6 million) warranty and a bonded loan of 1.2 billion rubles ($41.3 million), Stroimontage is saddled with 2.3 billion rubles ($79.2 million) of debt, the company's press office said in April.