NABU, SAPO suspect eight persons of UAH 112 million bank loan scheme

On Dec. 21, 2022, NABU and SAPO notified eight persons of suspicion of seizing the right of claim for loans, which led to more than UAH 112 million in losses to a private bank.

 

The suspects are:

• a former MP;
• an MP's aide - director of the enterprise that received loans ;
• a senior officer at SSU's Main Investigative Department (until 2020);
• the head of ARMA's Asset Management Department (from June 2018 to January 2020);
• the general director of SETAM SE (from May 2016 to February 2020);
• the deputy general director of SETAM SE (from October 2017 till present);
• two appraisers.

Their actions fall under Part 5 Art. 191, Part 3,4 Art. 358, Part 3 Art. 368, Part 3 Art. 369 of the Criminal Code of Ukraine.

As established, in 2012, the future MP (a deputy of the Kyiv Regional Council at that time), being the actual owner of a number of companies, started the construction of a multi-apartment residential complex on the outskirts of Kyiv. For this purpose, he took a loan of over UAH 200 million on the security of the future residential complex and the land where it was located, as well as a number of personal sureties.

Subsequently, the NBU declared the bank that issued the loan insolvent. In order not to pay off the debt the MP organized a scheme.

The scheme worked as follows: with the help of the SSU senior officer, the head of ARMA's asset management department, and SETAM officials, the right to claim the loan was seized and handed over to ARMA, which, in turn, put it up to SETAM electronic auction, which was held illegally. A company controlled by the MP then won the bidding and obtained the claim right at an understated price - UAH 16 million instead of UAH 128 million. It then canceled all real estate mortgages and encumbrances under suretyship agreements. In order to make it impossible for the bank's successors to apply for encumbrance in the future, the company resold the claim right to another company under the control of the lawmaker.

The MP provided financing for this scheme: bought the companies, paid appraisers, and gave instructions to the participants in the scheme, which resulted in more than UAH 112 million in losses to the bank.

The ex-MP was also accused in another case investigated by NABU and SAPO. It was about non-declaration in 2015-2019 for a total amount of over UAH 50 million. However, due to the decision of the Constitutional Court of Ukraine to decriminalize the relevant article, the case was closed.

Another participant in the crime - the head of ARMA's department - is a suspect in the case of embezzling UAH 426 million.

 

According to Article 62 of the Constitution of Ukraine, a person is considered non-guilty in the commission of a crime and cannot be subject to criminal punishment until he or she is found guilty by court.