No statute of limitations: prosecutors do not forget about fraudulent bankers
7 November 2024 16:21
An indictment against the Chairman of the Board of JSC Bank Finance and Credit and his two deputies on the facts of participation in a criminal organization and embezzlement of property entrusted to them (Part 1 of Article 255, Part 5 of Article 191 of the Criminal Code of Ukraine) has been sent to court. This was reported by the Prosecutor General’s Office, "Komersant Ukrainian" reports.
The investigation found that the members of the criminal organization, being members of the bank’s credit committee, in 2010 issued loan agreements to a newly created legal entity controlled by the owner of the financial institution. It had no working capital or credit history, and did not own any property.
Subsequently, the members of the criminal organization drafted foreign economic contracts between the enterprise on the one hand and non-resident companies controlled by the organizer on the other hand to use them as a basis for the borrower to withdraw funds from the bank.
As a result of such illegal activities, hundreds of millions of loan funds were illegally withdrawn from the bank’s accounts. Subsequently, they were transferred to the accounts of non-resident companies that are also controlled by members of the criminal organization. In other words, more than UAH 608 million was actually withdrawn from the territory of Ukraine and not returned to the bank.
The defendants are currently in custody.
In addition, as the Prosecutor General’s Office reminded, an investigation is underway against the actual owner of JSC Bank Finance and Credit on the facts of creating and participating in a criminal organization, embezzlement and legalization of the proceeds of crime (Part 1 of Article 255, Part 5 of Article 191, Part 3 of Article 209 of the Criminal Code of Ukraine).
Also, at the request of prosecutors, the former owner of PJSC Delta Bank was put on the international wanted list. The notice traditionally does not specify the name of the defendant, but, judging by media reports, it is the former owner of Delta Bank, Mykola Lagun.
Prosecutors of the Prosecutor General’s Office are supporting public prosecution in court in criminal proceedings against the former owner of the bank on tax evasion and misappropriation of property in particularly large amounts (Articles 212 and 191 of the Criminal Code of Ukraine). In one of the proceedings, it was established that in February 2015, the accused, having received funds in the amount of UAH 153.5 million from a non-resident company, failed to declare the income and evaded payment of personal income tax and military duty in the amount of over UAH 33 million.
The banker never appeared at the preparatory court hearings. At the request of the prosecutor, the court issued a decision on the subpoena, which was not enforced due to the absence of the accused at his place of residence.
In October 2024, the court granted the prosecutor’s motion and put the former bank owner on the international wanted list, and the trial was suspended. In another criminal proceeding pending in court, as a result of the defendant’s evasion from appearing in court, he was also put on the wanted list.
Measures are currently being taken in accordance with the criminal procedural legislation to establish the whereabouts of the accused through Interpol.
