Eight months’ proceeding in the case of Tuleev’s deputies: generals, oligarchs, the classified victim and the mine of unknown value
During a half year of 2019 and November-December 2018 there were 38 judicial sessions concerning the resonant proceeding in the case of Tuleev’s deputies, the court listened to 114 witnesses in the three different episodes of the case. It is reasonably believed that it is so far to the end of the trial and the proceeding may be dismissed at any point. That’s why Tayga.info summarizes the intermediary information.
In November 2016 eight people were apprehended on a charge of exaction of 51% shares (513 items), worth of more than a billion rubles, of the joint-stock company «Open-pit mine Inskoy» represented by the owner Anton Tsygankov. Those people were Aleksey Ivanov and Alexandr Danilchenko, the deputy governors of Kuzbass (Kuznetsk Basin); Elena Troitskaya, the head of administrative region bodies' department; Alexandr Schukin, a billionaire from Forbes and Gennadiy Vernigor, his trustee; Sergey Kalinkin, the head of Kemerovo region committee of inquiry, Sergey Kryukov, the deputy head of the second department of the Kemerovo committee of inquiry (the cases of particular importance) and Artemiy Shevelev, a senior investigator.
Part 3, article 163 of the Russian criminal code — grand exaction by an organized group provides the punishment from seven to fifteen years of the confinement. The proceeding under the chairmanship of the judge Alexandr Vyaly began on 31 October 2018 in Kemerovo central district court. Seven out of eight defendants are under the house arrest but lieutenant-general Kalinkin is in the investigative isolation ward.
BMW for criminal cases
At the beginning, not to confuse a reader, let’s factor out two episodes that are not obviously connected with the case «Open-pit mine Inskoy». Firstly, in the course of pretrial inquest concerning the shares' exaction of the mine, the head of Kemerovo region committee of inquiry Sergey Kalinkin was accused of taking a bribe — two off-road vehicles BMW X5 that were presented for «a general protection» by a coal magnate Alexandr Schukin. The bills of «Gornyak Ltd» adduced as an evidence must have demonstrated to the court that «a general protection» included the institution of prosecution against Pindus, a former auditor of all Schukin’s companies, and Markov, a top manager of the mine «Polosuckhinskaya».
143661 A COAL MAGNATE FROM KEMEROVO ALEXANDR SCHUKIN BOUGHT AMBULANCE CARS AND BMW FOR THE GENERAL FROM ONE BANK ACCOUNT
Schukin and Kalinkin have been acquainted with each other since that time when Kalinkin was a lieutenant in Novokuznetsk. The first wife of Kalinkin worked as a lawyer in one of Schukin’s companies. The defending attorney said that they were on friendly terms with each other. «I saw how Kalinkin was growing up. He was a very honest member of the top brass. I presented that car to him when he was awarded a new military rank — a general. I have never been to the committee of inquiry, I have never talked to him about business. I have never made a request for anything. I appreciate our friendly relationship much more than any other things».
At lawyers insistence who foresaw all the presents as a bribe, Schukin was giving himself up to the court for each car in December 2016 and January 2017. Kalinkin refused to do the same because he considered the cars as a present. After giving himself up the proceeding wasn’t initiated against Kalinkin during the year. In all probability the committee of inquiry considered the cars as a present as well. Tayga.info's source of information presumably connects the requalification of the present into the bribe with a voluntary abdication to resign the post of the head of the committee of inquiry.
After conducting an interrogation of 17 witnesses, the court knew all the details about the packaging, colour and «destiny» of the cars and established the facts that Schukin bought them in his automobile sales centre «Bayern-car», paid for them from his personal account in Alfa bank. From the same account he annually transferred about 50 million rubles to the different charities. All the cars belonged to his wife Nadezhda Gobruseva and her mother Ekaterina. In 2016 according to Forbes a 65-year-old coal-face billionaire Alexandr Schukin was in the top-200 among the Russian richest entrepreneurs with $ 400 million fortune. So he could afford to present such gifts.
144378 Investigators didn’t acknowledge a personal interest of Kalinkin in the case of Tuleev’s deputies
Under the patronage of Kalinkin the legal proceedings were initiated against the auditor Alexandr Pindus (the articles 159 and 202 of the Russian criminal code — fraud and abuse of authority). Pindus tried to collect 30 million rubles from «Gornyak Ltd». Nobody knew how the bill of exchange appeared in his hands. As a result of a retaliatory statement of «Gornyak Ltd» management and lawyers Pindus had a status of a potential suspect.
There were eight investigators from Novokuznetsk among 15 witnesses on that episode who initiated, investigated a case and dismissed the action against Pindus. The investigators were very busy, so the cases about those bills were unfinished, and even one or two investigative actions were conducted during that time. One could see a resolution of the head of committee of inquiry on two documents.
Nobody acknowledged the connection between Pindus and Kalinkin, all investigators presumed that legal proceedings were carried out by a «personal initiative» because it was a real reason to institute a case. The representatives of the public procurator’s office clarified that they were really supervising all the cases. In the court Pindus denied Schukin’s influence on the results of the criminal cases, he knew nothing about Kalinkin. As a result at the end of 2015 all the disputes concerning the bills were settled using the amicable agreement.
Current events of «Open-pit mine Inskoy»
The court heard the evidence of 80 witnesses about the main episode of the shares' exaction. They can be divided into six groups: 25 miners and workers of «Open-pit mine Inskoy», eight representatives of the management «Inskaya», 12 employees of the company «Zapsibugol» that belongs to Schukin, 14 high-ranking officials, 15 police officers and six investigators. The plot of all the events taken place in the company is the following.
The «forefather» of «Open-pit mine Inskoy» was Alexey Nazyrin, the incorporator of the management company «Promuglesbyt». In November 2001 there were two shareholders of a joint-stock company «Open-pit mine Inskoy»: Cheremisin (50%) and Biryukova (50%), then they sold their shares to the juridical entity. Since 2006 during the different years Glazyrin, Sevastyanov, Kuida, Kharopsky, Gavrilov and Shibalkin have been the shareholders of the company.
145606 The case of Tuleev’s deputies. “Open-pit mine Inskoy” was in big arrears
After that four shareholders sold their shares to Yushvaev and Yakobashvili, in 2014 or 2015 Yushvaev and Gavrilov sold their shares to Tsygankov. Since that time there have been four shareholders of «Open-pit mine Inskoy»: Shibalkin (5%), Kharopsky (5%), Yakobashvili (5%) and Tsygankov (51,3%). The bill register holder of «Open-pit mine Inskoy» is «Moscow Stock center Ltd».
The mine marketed coal «D» through management companies using agency contracts. Earlier the management companies were «Promuglesbytservis», «Promuglesbyt», «Management», but now it is «Inskaya».
The mine began its primary activity in 2010. In September 2013 one of the shareholders Gavrilov appointed Gaidin as a director of «Management», who actually ran «Open-pit mine Inskoy».
Gavriil Yushvaev, a billionaire from the 66th line of Forbes with $ 1.5 billion was the investor of the mine who floated commercial loans. In April 2015 he gave more than 400 million rubles to reassemble long (wall) face.
In the middle of 2015 the mine broke geological system: a gap of a coal bed with the amplitude of 14 meters and spreading of 45 meters. The technical council decided to disregard abnormality instead of reassembling long (wall) face. The rock was so hard that mining combines couldn’t cope with it, so they had to cancel coal mining. The equipment was deteriorated, financial and coal reserves were run out and also there was no money floating.
145299 witness: Tuleev put pressure on Schukin and got him to take Yushvaev to run “Open-pit mine Inskoy”
In 2015 a criminal case was undertaken against «Open-pit mine Inskoy» as a tax-evader. People involved in it were the «former shareholder and the member of the board of directors». Since December 2015 Gaidin tried to find borrowed current assets to pay back salaries.
Up to February 2016 Oleg Pozhidaev, a general director, was running operational management, then it was Andrey Mesyats, a mine surveyor, who ran the business «technically», because Gaidin did it «economically». The bank accounts of the mine were blocked, so the mine used the letters in its bookkeeping. Mesyats was writing letters to Gaidin asking him to pay for contractors' services, and Gaidin did it using the accounts of «Management».
In February 2016 Gaidin and Evgeniy Chernyadev, a chief engineer, were invited to the headquarters' meeting. The purpose of the meeting was financial monitoring. The participators of that meeting were Makin, a deputy governor and law-enforcement officers. In 2016 Internal Revenue Service' debts were about 300−400 million rubles. The resolution was to discharge the indebtedness concerning salaries by 1 April 2016, relative to income tax by 1 May 2016, touching state off-budget funds by 1 June.
On 24 March Schukin transferred 100 million rubles on social needs to the gubernatorial charity «Mercy».
On 28 April there was another headquarters' meeting. Bukhtoyarov, a regional prosecutor, passed the warning not to break the rules. The resolution was to develop a mutual plan with Danilchenko to get the solution to the situation by 1 July.
146991 Bastrykin’s instruction: “Work with the owners”
On 3 June 2016 Belovo committee of inquiry initiated a criminal case concerning not paying salaries, Vadim Rybin was appointed as an investigator.
On 29 June there was an annual meeting of all shareholders of «Open-pit mine Inskoy». Olga Rout, a lawyer and a notary public of the mine, also participated the meeting. Andrey Mesyats was the main speaker.
During the first half-year there were a smoke formation and an accident with a fatal outcome. All the miners were very upset about the obsolete equipment, there was a lack of materials and no salaries at all. The management promised to provide them with all these thing the other day. The mine was in an emergency condition.
On 8 July 2016 the miners of the first shift began striking, demanding to meet the management and getting the salary. The arrears of wages were 61.9 million rubles, 60% for March, 90% for April and 100% for May. On the spot of the strike there were TV reporters, the representatives of the administration and police officers.
Gaidin came to meet the miners. Gaidin, Mesyats, Yury Kutenev, the chairman of the local trade and four miners, the delegates from the employees of the enterprise, were negotiating in Mesyats' room. As a result of that meeting Mesyats and Kutenev signed an agreement, they promised to pay off 30 million rubles to the miners by 15 July. Gaidin chose that date because «Regionservis» had to pay for coal, it was a preliminary agreement. On 25−27 July there should have been a supply of 20 million rubles. In case of slow delivery of money the miners got the right not to work. After having signed the agreement the strikers went home and the second shift began to work.
144832 “White Guard has come, Red Guard has come”. – The miners see no difference in changing the owners of the mine
On 8 July Danilchenko and Ivanov, Tuleev’s deputies, and Khlebunov, Stepin, Troitskaya, the officials and Pavel Mullin, Kalinkin’s deputy came to the mine. They wanted the guarantee that the salary would be paid off in time. Gaidin was negotiating with «Regionservis» using the speakerphone. Everybody in the room could hear their conversation. Later that day there was a fax proving that they were ready to pay 30 million rubles during the period of 15−25 July.
Mullin, Rybin and Komissarova, the investigators, listened to the employees of the enterprise and decided to pass that case to the second regional department of the committee of inquiry.
On 8 July in Mesyats' room for the first time it was an idea to clear off debts using money from the gubernatorial charity «Mercy».
On 8 July Schukin transferred 50 million rubles and on 11July 20 million rubles from settlement account of «Ugol» to the gubernatorial charity «Mercy». Earlier the authorities asked him to supplement the fund but Schukin refused because of different checkouts in the mines «Gramoteenskaya» and «Polosukhinskaya».
On 11−15 July Khlebunov, the head of the coal mining department, was working in the mine trying to find the way out.
Maksim Sidorov, a chief engineer of «Gramoteenskaya», came to «Open-pit mine Inskoy» as a new director. Danilchenko and Schukin reassured the employees. Schukin announced that «Open-pit mine Inskoy» would be one of the companies of his group, people would keep their jobs and get their wages. Danilchenko stated that Tuleev knew about the problem and would do his best to resolve the situation.
Mesyats wrote out a general letter of attorney to Sidorov, so he could run the enterprise. Tuleev asked Schukin personally to get the specialist to the mine. Later he proved it at the press conference.
On 11 July the committee of inquiry conducted a seizure of all the documents from «Open-pit mine Inskoy» and «Management». Yury Kutenev, a chairman of the local trade, was writing a written request to Oksana Rybalkina, an investigator who worked in the mine, to assume the measures concerning not paying off wages of 63 million rubles. That request had the resolution of Kalinkin: «To Shevelev, Article 144 of the Russian criminal code».
According to the evidence given by Mullin, a criminal case must have been initiated earlier pursuant to multiple directives of Bastrykin, the head of the federal committee of inquiry. As an example in 2017 Bastrykin discharged the head of Sverdlovsk committee of inquiry from his office because the employees of Nizhnetagilsk heat insulating articles plant didn’t get their wages. The president Putin characterized the behavior of that plant’s owners as boorish and rude.
147221 All the issues are decided in Moscow. How Yushvaev, Schukin and Tuleev divided “Open-pit mine Inskoy”
On 11 July Tsygankov, the owner of the mine, came from Novokuznetsk to Kemerovo accompanied by the police officers. He was apprehended in accordance with the decree signed by Shevelev and was put into the investigative ward.
On 12 July Tuleev called Schukin, told him about Tsygankov in the investigative ward and suggested him running «Open-pit mine Inskoy» if Tsygankov agreed to give him his shares. Schukin consented to it but later on he repented of it and admitted his fault during the investigation.
Schukin met Gaidin and said that he was going to run the business notwithstanding he really didn’t want to but Tuleev had a pressure on him. Khlebunov told Oleg Kopytov, Gadidin’s deputy, that they didn’t need the services of «Management» any more. So they began to form a new management team. Gaidin told Kopytov that the mine was captured and he was going to leave it.
At noon the police convoyed Tsygankov to Shevelev, an investigator. In his room there were Ivanov, Danilchenko, Troitskaya who were trying to persuade Tsygankov to sell his shares of «Open-pit mine Inskoy» because it would be so necessary to pay off employees' wages. They even promised to find an appropriate buyer. Tsygankov in his handcuffs tried to explain that he didn’t have any money to pay off the debts, he was a nominal owner and agreed to meet a prospective customer.
Shevelev went to the nearest room to study thoroughly all the documents from Rybalkina.
In the evening Vernigor, the trustee of Schukin, Kryukov and Isaikin, the employees of «Zapsibugol», came from Novokuznetsk to Kemerovo. Vernigor and Kryukov were discussing with Tsygankov all the possibilities of selling the shares. According to the law the other shareholders had a preferential right. So they decided to present the shares of «Open-pit mine Inskoy».
While Tsygankov was pondering over the alienation of the shares, Vernigor, Kryukov, Ivanov, Danilchenko, Troitskaya and Kalinkin were discussing a social tension in «Open-pit mine Inskoy» and the absence of money to solve the problem.
In the presence of the escort and the notary public Tsygankov signed the power attorney for Vernigor to present all his shares to a chief mechanic Isaikin who were absent at that time. Only after several months Isaikin knew the fact he got such a gift as the mine when the investigators came to his house with a search.
In the evening Tsygankov was convoyed from the committee of inquiry to the detention centre, then he was released according to Shevelev’s decree. Denis Kozlov, who was a driver of Maksim Nesin (the former Schukin’s partner) delivered him to Novokuznetsk.
On 13 July Tsygankov came to the office of «Zapsibugol» and discussed the deed of conveyance of shares and the deed of a gift with Vernigor and Ivan Povoroznyuk and Evgeniya Shokhireva, the lawyers. Tsygankov suggested some other variants, for example to put the shares into the authorized capital by Schukin’s control. The lawyers executed some documents and then went to the notary public to sign them. Tsygankov asked Schukin a million of rubles for his personal needs and went to Anapa.
On 13 July the charity «Mercy» began to pay off «Open-pit mine Inskoy» employees' wages. By their turns the employees began to write requests to Tuleev to have a financial support. The cash flow came to the employees' bank cards. Approximately a thousand of workers got 23.5 million rubles from the charity «Mercy». The mine didn’t return money to the charity.
On 14 July Schukin phoned Gavriil Yushvaev, an investor and a real owner of «Open-pit mine Inskoy», and made an appointment with him.
On 16 July Schukin met Yushvaev in the restaurant in Barvikha. There were also Gorin, his assistant, and Maslov, his security officer. During the conversation Yushvaev expressed the respect to Tuleev but displeasure to the attempt of collecting his share package.
146819 The judge found out “the murder” in the case of Tuleev’s deputies
Schukin assured Yushvaev that nobody was going to take his business and told him about a real state of things in the mine. It was striking news for the billionaire that there was a disastrous state in the mine. He explained that his profile business was far from coal mining and having so enormous debts the mine was a real problem. Yushvaev suggested him working fifty-fifty with subsequent handover of the mine. They decided to meet with lawyers on 2 August, sign a treaty about the mutual cooperation and determine the conditions of compensation of earlier invested money.
After the meeting Schukin called Tuleev, reported the situation and got approval.
On 17 July in the morning Schukin called Maslov and confirmed that he was intending to work with Yushvaev but in the afternoon he changed his mind drastically. He called Gaidin and told him that he refused to handle with the mine. Then he asked Maslov and Gusakov, the director of «Zapsibugol», to take their people away from «Open-pit mine Inskoy».
On 18 July Schukin went on holiday, Sidorov resigned from «Open-pit mine Inskoy», Gaidin and Mesyats returned to the mine.
On 19 July after Schukin’s refusal to support «Open-pit mine Inskoy» the officials from «Russian technical inspectorate» wrote out five special regulations, four of them suspended working of the mine «Polosukhinskaya» for five till 15 days. In July 2016 the activity of the mine «Polosukhinskaya» was suspended for seven times and 2016 the activity of the mine «Gramoteinskaya» was suspended for four times. Schukin suffered millions of loss every day without coal mining.
On 25 July Schukin presented the rest 30 million rubles to the charity «Mercy» that he promised earlier.
Yushvaev appropriated 175 million rubles to Gaidin in order to develop «Open-pit mine Inskoy». By 12 August all the debts had been paid off.
On 14 November Kalinkin, Schukin, Ivanov, Danilchenko, Troitskaya, Vernigor, Kryukov and Shevelev were apprehended.
On 15 November the governor Aman Tuleev was speaking at the 40-minutes press conference. He stated that Ivanov, Danilchenko, Troitskaya behaved like heroes saving the mine and protecting the people during three days, but they took a false step.
Tuleev named the true reason for the criminal persecution of his people. It was a hidden war of the coal mining companies against himself. «I don’t allow to extract more than 200−210 million tons of coal. It is the earthquake centre in Kiselevsk and Belovo. Scientists don’t find a true reason. I think that recultivation is necessary. They don’t keep their promises, about 70% of licenses. The ministry of natural resources and ecology grants licenses for 300 million tons without any permission of the region. We are writing to the superior bodies. The cost of coal is growing up. So am I a good and favourable person for them?»
Kalinkin also remarked that the connection of that case with redivision of the coal market was obvious.
What about an aggrieved party Tsygankov?
On 27−28 March the only aggrieved party Tsygankov gave evidence in the court. He feared for his safety very much that’s why he asked the hearing to be in private. The judge Aleksandr Vyalov granted a petition. Four representatives of media were asked to leave the hall of justice. Tsygankov who was under protection of civil rights came through the inner hallway in secret.
Tsygankov’s evidence was so secret that it was prohibited to record audio track. One could guess about the content using indirect limitations.
For example, in his evidence Tsygankov had never mentioned Kalinkin. And that fact mitigated the measure of restraint.
146472 The case of Tuleev’s deputies. “Нandcuffs” were taken off from an aggrieved party for the purpose he would present the shares of “Open-pit mine Inskoy”
According to the base «Kontur-Focus» Anton Tsygankov was a founder of «Baltika Ltd» with a statutory capital of 10 thousand rubles, a founder of «Novodent Ltd» with a same capital that selling medicine in bulk and a founder of more than 20 other similar companies.
It was very difficult to guess which activities were the most important for him before the events of 2016. But one can try to do it relying on witnesses' evidence.
Tsygankov was a director general of «Promuglesbyt» and «Promuglesbytservis» during their winding up. Gaidin said that Tsygankov neither participate in the management of the mine nor invest money in it.
None of miners saw Tsygankov in a joint-stock company and nobody knew that he was an owner. During the shareholders' meetings Mesyats reported on the pending business but he didn’t remember about it.
Accept bankruptcy Tsygankov was involved in strange financial schemes. In 2012 «Promuglesbyt» made a contract with «Baltika Ltd» to supply some utility for cleaning combines to «Open-pit mine Inskoy». «Open-pit mine Inskoy» bought them for 60 million rubles. But money was transferred to «Baltika Ltd» with different TIN (Taxpayer Identification Number). It was one of «one-day» companies. In 2015 «Baltika Ltd» that hadn’t got money started the process of «Open-pit mine Inskoy» bankruptcy and took the combine back. Tsygankov took on credit 19.5 million rubles, bought «Baltika Ltd» and placed himself at the head of the company.
More information about Tsygankov we knew from his colleagues' and police officers' evidence from 11 to 13 July in 2016.
On 11 July Ivan Zotov and Aleksey Dolbnya, Novokuznetsk investigators, came to Tsygankov’s house and suggested his voluntary going to Kemerovo committee of inquiry. Tsygankov made no resistance to it but said that he didn’t have a car. Zotov and Dolbnya offered him a lift to the Novokuznetsk department of Ministry of the Interior. Their colleagues Aleksey Alpatkin and Vyacheslav Uskov took him to Kemerovo. It was an ordinary car, not a special vehicle. On their way to Kemerovo Alpatkin and Uskov understood that Tsygankov associated the invitation to the committee of inquiry with arrears in wage payment in «Open-pit mine Inskoy». In Kemerovo Tsygankov was detained and put into the investigative isolation ward. In the evening Kseniya Kireeva, a lawyer on duty, came to Shevelev’s room but Tsygankov refused her help.
On 12 July all the day Tsygankov was with Oleg Puchkov, Sergey Pavlov and Sergey Vetchanov, police officers from a special battalion of convoying. They took him to Shevelev’s room with handcuffs, then back to the investigative isolation ward where he was released. Tsygankov was discussing the topic of transferring of shares with Ivanov, Danilchenko, Troitskaya, Vernigor, Kryukov and the notary public. All those people stated that nobody threatened him, Tsygankov was very calm.
On 12 July in the evening after having been released Tsygankov went to Novokuznetsk accompanied by Vernigor, Kryukov, Isaikina and Kozlov, a driver. All of them denied any pressure and threats on their way to Novokuznetsk. Kozlov in his conversation with Nesin informed him about the threats addressed to Tsygankov, but in the court Kozlov disproved that fact.
On 13 July Tsygankov came to the office of «Zapsibugol» to process documents. Ivan Povoroznyuk, Evgeniya Shokhireva and Anastasiya Luchnikova, the lawyers, the notary public Karageorgy and Kryukov, who had given a million rubles to Tsygankov, didn’t notice any unusual behavior of Tsygankov.
Tsygankov as a lawyer knew that investigators didn’t sentimentalize with owners who had no money to pay off salaries. He might remember the case of Boris Yakubuk, the owner of the mines «Zenkovskaya», «Koksovaya-2» and «The mine in the name of Dzerzhinsky». In 2013 they began criminal proceedings against Yakubuk (part 2, article 201 of the Russian criminal code — exceeding one’s powers with serious consequences). On 21 April in 2013 Yakubuk was arrested in Moscow and taken to Kemerovo in order to «weaken a social tension». Yakubuk didn’t follow the creditors' requirements and pay off salaries.
Tsygankov asserted that as before he was a shareholder of «Open-pit mine Inskoy». The journalists of «Legal.report» made inquiries about it. Earlier in the court Gaidin stated that all the shares of Tsygankov were bought. Tsygankov informed that Gaidin was wrong, nowadays they were only negotiating about the possible selling of shares. He also announced that the shares' cost of 1.5 billion rubles would be an approximate sum that he might get in the future for five-seven years of enterprise’s working.
Tsygankov bought the shares from Ilya Gavrilov, also a shareholder of the mine, using a deed of a gift (it was absent in the case materials). All the parties determined the cost of the gift as 256.500 rubles (par value) but in the case materials there was a stock transfer that the cost of holding of shares is one ruble. «Legal.report» wrote that having such a gift Tsygankov was going to get 1.5 billion rubles in the future. So the idea of presenting the shares was not new, Vernigor and Kryukov were not the inventors.
Tsygankov’s money damage was the price of the air tickets that he had to buy for arrivals to participate in investigative actions. According to the court decision moral damage was 200 thousand rubles.
In general it was not clear with the loss but in all likelihood Tsygankov had a fright. But it was only speculation without his evidence. Tsygankov’s desire to be present at court sessions while the witnesses would be testifying was an imminent danger: in the case of his presence it would have been a secretive trial. The question arose: what would the reason for listening to tens of people talking about mining irregularities and social disorders if nobody would hear either the aggrieved person or the indictees. The media and general public wouldn’t have a chance to know the parties’positions notwithstanding the process was open. Because of the fear of the aggrieved person? The fear to hear the evidence of defendants?
How much was «Open-pit mine Inskoy»?
For defendants it was a very important issue to know the cost of shares that they had extorted from Tsygankov according to the statement of the prosecution. If the court returned them guilty the cost of shares would have an influence on their receiving a prison term. It was a curious fact that 157 volumes of the criminal case didn’t contain the legal expertise of valuation of shares: the investigation bodies didn’t order to do it and even refused the attorneys to expertise.
In November 2016 during the detention of the suspects the investigation bodies announced that the cost of shares was more than a billion rubles. On 31 October during the first court session the public procurator’s office stated that it was an extortion of the shares (256 thousand rubles) and the title of the enterprise (book value of the equity of 2.8 billion rubles). Nobody knew about those figures without any expertise of valuation of shares.
Andrey Gaidin, the director of the management company, was the only witness, who insisted on «Open-pit mine Inskoy» being cost efficient.
146547 The case of Tuleev’s deputies. The owner by attorney didn’t really know what he possessed
In 2016 Olga Rout, a lawyer of «Open-pit mine Inskoy», handed in a special document about the financial state of the company (assets were less than liabilities) to the tax inspectorate. Rout considered the enterprise as very bad assets. «Coal mining is planned unprofitable but not to this extent». There were sequestration of property, office furniture and business equipment that «Open-pit mine Inskoy» had bought from bailiff cheaply.
Natalya Semenenko, a chief accountant of the mine from February to October in 2016, using the data of the balance sheet made up a document about all kinds of debts: arrears of wages — 38 million rubles including wages for July (22.3 million rubles); seniority — 15.8 million rubles; going on pension’s payment — 275 thousand rubles; debts in the state budget and off-budgets — 260.3 million rubles; bills payable — 1.49 billion rubles; bank loans — 9.5 billion rubles; accounts receivable — 467.401 million rubles (to estreat 394.99 million rubles). Bills payable of 9.5 billion rubles had been formed since 2006 when «Open-pit mine Inskoy» borrowed money on building.
Andrey Lybin, the director on legal matter of «Coal mining company Inskaya Ltd», found out that assets of «Open-pit mine Inskoy» — more than 3 billion rubles, liabilities — more than 6 billion rubles including borrowed money on building.
145014 The case of Tuleev’s deputies. Who was who in “Open-pit mine Inskoy”
Oksana Rybalkina, the investigator on economical matters, who suppressed the documents on 11 July in 2016, informed the judge: «I was looking through the balances and I was in a real shock. In the total balance for 2015 and the first quarter of 2016 there were arrears of wages of about 70 million rubles and accounts payable of more than 2 billion rubles (700 million rubles for non mined coal paid in advance). I came to the conclusion that in July 2016 there was no money at all to pay off wages. It would take a year and a half to mine coal free if it began to work».
Vladimir Maslov, the eyewitness of the meeting of two oligarchs Yushvaev and Schukin, stated that Yushvaev were complaining of the mine’s debt of 9 billion rubles.
In July 2016 Sergey Gusakov, the director of «Zapadno-Sibirskaya coal mining company», reported to Schukin about the mine’s debt of 11 billion rubles.
According to the data of the base «Kontur-focus» in August 2019 external control was brought in declaring «Open-pit mine Inskoy» bankrupt. For 2018 the statement of financial condition was 5.2 billion rubles; profit — 1.6 billion rubles; dead loss — a billion rubles.
Without ant expertise all of these figures is guesswork, but if the estimation of shares' value is done, and liabilities are much more higher than assets, the cost of 51% shares will be a ruble.
Amusing facts
After the events and the official inspection of 2016 nearly all the management of the KemFerovo committee of inquiry and the Ministry of the Interior were changed. Two generals Kalinkin and Ivanov turned out to be on prisoner’s dock and Kutylkin as a witness. The former chief members of the top brass gave testimony in the court, most of them don’t work here anymore. Among all deputies of the head of the police only Valery Plakhotya has become the deputy of the head of the Russian Guard. It was Plakhotya who was responsible for convoying and providing with all special facilities and handcuffs. The «personnel cleanout» didn’t touch the representatives of the public prosecutor’s office who were observing all the processes, commenced proceedings and dismissed a charge about «Open-pit mine Inskoy».
143358 The lawyers narrated about the role of Schukin in the the case of Tuleev’s deputies
A Serbian sharpshooter Deyan Berich who was at war in the Donets National Republic, came to the press-meeting with Schukin’s lawyers as a Moscow journalist. The lawyers thought that he was closely associated with a businessman Ruslan Rostovtsev. In 2015 Rostovtsev, a former partner of Schukin, pressed him out from the mines «Kyrgayskaya» and «Taldinskaya Yuzhnaya». On 8 July in 2019 the Supreme Court of Cyprus stated that the arrest of Rostovtsev’s property legitimate according to Schukin’s action for $ 113 million. Nowadays the second action of collection of $ 147 million is being heard in Cyprus.
In the end of June in 2019 in accordance with the materials of «The Sunday Times» Forbes announced that in Great Britain MI5 began a campaign against a Russian businessman Schukin. The purpose of lobbyists was to deport his daughter and her husband from the country. Schukin’s ill-wishers are the lawyer Andrey Lyakhov, Putin’s biographer Aleksandr Korobko, a Russophile interested in coal mining Patric Newman and a British parliamentarian Henry Bellingham. They shot a film about Aleksandr Schukin «Blood Coal Money» and promoted it using the transit advertisement on double-deck buses in Westminster. However after the advertising campaign the TV channel didn’t broadcast a bloody film without any good reason.
The name index of the witnesses testifying upon a trial of the case of Tuleev’s deputies before 1 July 2019
Aksenov Evgeny, an employee of the automobile show «Bayern-car»
Alpatkin Aleksey, a senior police operative, who got Tsygankov to the investigative department
Astapenko Andrey, a deputy battalion commander of potential suspects' security and convoying, wrote out an order to convoy Tsygankov
Bratchikov Ruslan, an employee of the automobile show «Bayern-car»
Braunshtein Oleg, Kalinkin and Gobrusev’s friend
Buza Lubov, the president of the charity «Mercy» since 2010
Vetchanov Sergey, a police operative, an escort of Tsygankov
Vibliani, a chief geologist of «Open-pit mine Inskoy», didn’t attend the court, might be in Georgia
Voitenko Mikhail, a combine’s driver of «Open-pit mine Inskoy»
Vuitsikov Altksey, a deputy head of Kemerovo administrative bodies department
Gaidin Andrey, a general director of «Management Ltd» and «Ugolnaya company Inskaya Ltd»
Galovizin Denis, an employee of the automobile show «Bayern-car»
Gobruseva Ekaterina, Mother of Kalinkin’s wife
Gobruseva Nadezhda, Kalinkin’s wife
Golova Elena, a head of Kemerovo remuneration of labour and standard of living department of the labour and employment administration
Grigorev Aleksandr, a fifth-class underground mechanic of the technical coal-face «Open-pit mine Inskoy»
Gurgurov Sergey, a director of «Mine Polosukhinskaya Ltd»
Gusakov Sergey, a director of «Zapadno-Sibirskaya mining company»
Dedulya Nadezhda, a chief accountant of the automobile show «Bayern-car»
Dolbnya Altksey, an investigator of cases of special importance in Novokuznetsk, Zotov’s partner
Zhabin Aleksandr, a head of the bay №4 of «Open-pit mine Inskoy»
Zarubin Anton, an investigator in Novokuznetsk investigative department
Zemin Anatoly, helped Kalinkin to sell BMW X5
Zolotukhin Roman, a driver in Kemerovo region administration, gave a lift to Troitskaya
Zotov Ivan, an investigator of cases of special importance in Novokuznetsk Dolbnya’s partner
Zykov Ilya, an investigator in Novokuznetsk investigative department
Ivanov Dmitry, an investigator in Novokuznetsk investigative department
Ivanova Kristina, an investigator in Novokuznetsk investigative department
Ignatov Pavel, an employee of the automobile show «Bayern-car»
Isaikin Sergey, a chief mechanic of «Zapsibugol»
Kazakov Sergey, a deputy general director of «Open-pit mine Inskoy»
Karnaukhova Oksana, a deputy head of Belovo region administration
Kireeva Kseniya, a lawyer of Kemerovo central bar association
Klochkov Evgeny, an employee of the automobile show «Bayern-car»
Kozlov Artem, an investigator in Novokuznetsk investigative department
Kozlov Denis, a driver of «Magma TEK Ltd», also Nesin’s driver
Komarov Aleksandr, a director of the trading house «Merkury»
Kononykhin Aleksey, a head of the installation work bay of «Open-pit mine Inskoy»
Kopytov Oleg, an engineering manager of «Ugolnaya company Inskaya Ltd»
Krukov Konstantin, a head of property department of «Zapsibugol»
Kulebakin Evgeny, a mining engineer of «Open-pit mine Inskoy»
Kurtukov Akeksandr, a miner of the bay №4 of «Open-pit mine Inskoy»
Kutenev Yury, a chairman of the trade-union committee of «Open-pit mine Inskoy»
Kutylkin Victor, a vice head of Kuzbass police
Kytmanov Aleksandr, an underground mechanic of «Open-pit mine Inskoy»
Levkovich Anatoly, a head of economic security department of «Open-pit mine Inskoy»
Lepikhov Igor, a deputy head of Novokuznetsk investigatibe department, Zavodskoy district
Lisikhin Sergey, bought BMW X5145174 from Kalinkin
Lopatina Nina, a head of Kemerovo domestic policy of the governor department
Luchnikov Anatoly, a director of «Gornyak Ltd»
Luchnikova Anastasiya, a general counsel of «Zapsibugol»
Lybin Andrey, a director on legal issues of «Ugolnaya company Inskaya Ltd»
Makarov Maksim, a deputy head of Belovo department of Ministry of the Interior
Masalitin Maksim, an employee of the automobile show «Bayern-car»
Maslov Vladimir, a deputy general director on security of «Zapsibugol»
Mesyats Andrey, a direcot general of «Open-pit mine Inskoy»
Mullin Pavel, the first deputy head of Kemerovo investigative department
Nekrasov Sergey, a drift miner of the bay №2 of «Open-pit mine Inskoy»
Nesin Maksim, a commercial director of «Magma TEK Ltd»
Nikitin Evgeny, a chief mechanic of «Open-pit mine Inskoy»
Nikitin Mikhail, a senior investigator of Kemerovo second department of investigation of cases of special importance
Pavlenko Olga, a head of Kemerovo labour relationship department of coal mining of the administration
Pavlov Sergey, a policeman (a driver) of the auto platoon, of Kemerovo potential suspects' security and convoying battalion
Peretyatko Elena, an investigator in Novokuznetsk investigative department
Plakhotya Valery, a vice deputy head of Kuzbass police, now a deputy head of Kemerovo territorial administration of Russian Guard
Pletnev Petr, a commercial director of «Management»
Pindus Aleksandr, an auditor, a criminal suspect of the case about the bills of «Gornyak Ltd»
Povoroznyuk Ivan, a receiver
Polozov Vadim, a director of security of «Management»
Ponomareva Olga, Gobruseva’s colleague
Puchkov Oleg, a platoon leader and a head of convoying duty detail
Repin Maksim, a director of «Gornyak Ltd»
Rodkinf Irina, a cashier of the automobile show «Bayern-car»
Rosomakhin Sergey, an employee of the automobile show «Bayern-car»
Rout Olga, a lawyer of «Open-pit mine Inskoy»
Rybalkina Oksana, an investigator of cases of special importance of the second department of Kemerovo committee of inquiry
Rybin Vadim, a deputy head of Belovo committee of inquiry
Ryzhkov Vyacheslav, a head of Kemerovo economic security and counteraction against corruption department of state administration of Ministry of the Interior
Saprykin Evgeny, a miner of «Open-pit mine Inskoy»
Salagaev Igor, a miner of «Open-pit mine Inskoy»
Semenenko Natalya, a deputy chief accountant of «Open-pit mine Inskoy»
Sidorov Maksim, a director of the mine «Gramoteinskaya»
Siksina Olga, a lawyer of «Gornyak Ltd»
Skvortsov Sergey, a head of transport department of «Open-pit mine Inskoy»
Sklyanin Ruslan, the head of the supply service department of «Management «
Slepova Elena, a principal engineer of technological service of «Open-pit mine Inskoy»
Smirnova Olga, a chief specialist of office work of Belovo administration
Sokolenko Natalya, Schukin’s trustee
Somikov Sergey, a director of the automobile show «Bayern-car»
Starchenko Igor, a deputy head of Belovo housing and communal services department
Stepin Evgeny, a head of Kemerovo labour and employment administration
Sykhikh Elina, a chief specialist of Kemerovo department of the first deputy governor
Tkach Aleksey, a deputy head of Kuzbass committee of inquiry
Turov Aleksandr, a production director of «Management»
Uskov Vyacheslav, an investigator of Novokuznetsk investigation department of cases of special importance, Alpatkin’s partner
Utenkova Anastasiya, a head of the personnel department of Belovo administration
Fedorchenko Sergey, a mine supervisor of «Open-pit mine Inskoy»
Fedoseev Victor, a miner of «Open-pit mine Inskoy»
Fedotov Aleksandr, a deputy prosecutor of Zavodskoy district of Novokuznetsk
Fidler Roman, a head of mechanical bay of «Open-pit mine Inskoy»
Filichkin Aleksey, a vice deputy head of Kuzbass police
Khlebunov Evgeny, a head of coal mining department of Kemerovo administration
Khodakov Andrey, a director of Schukin’s mine equipment repairing plant
Tsygankov Anton, an owner of 51% shares of «Open-pit mine Inskoy», an aggrieved party
Chashkin Victor, a deputy director on general issues of «Open-pit mine Inskoy»
Chernyadev Evgeny, a chief engineer of «Open-pit mine Inskoy»
Shabashev Andrey, a drift miner of «Open-pit mine Inskoy»
Shamray Grigory, a senior investigator
Shevelev Yury, a chief consultant of Kemerovo coal mining department of the deputy governor (died)
Shkurko Vladimir, a head of Kemerovo department of the Ministry of Interior
Shokhireva Evgeniya, a deputygeneral director on legal issues of «Zapsibugol»
Schitov Sergey, a miner of «Open-pit mine Inskoy»
Erfurt Aleksandr, a head of economic security and counteraction against corruption department of Kemerovo administration of Ministry of the Interior
Yablokova Elena, a director of «Law corporation»
Translated by Kuleshova Julia