01.06.2024 Corruption Money laundering

Deputy Head of the Presidential Office under investigation. Deoligarchization of Ukraine has failed

Andriy Smirnov is a former deputy of Andriy Yermak (head of the Office of the President of Ukraine), and now the main suspect in the case of illegal enrichment of UAH 15.7 million.

The man had a rather extensive background in state and local authorities, as well as the Security Service of Ukraine, so it is not surprising how he managed to implement financial fraud.

Smirnov’s frauds

According to the investigation, from 2020 to 2022, the official acquired assets worth UAH 17.1 million with savings and official income of only over UAH 1.3 million during this period.

In particular, he acquired two Mercedes-Benz and Volkswagen cars, two Honda and BMW motorcycles, three parking spaces in Kyiv, an apartment in Lviv, and a land plot in Zakarpattia.

The official tried to conceal this property by registering most of it in his brother’s name, but retained the right to dispose of it in full. He registered the Honda motorcycle in the name of a friend and later re-registered it in his own name. Smirnov’s actions were classified as illicit enrichment. This is Article 368-5 of the Criminal Code of Ukraine. The sanction of the article provides for imprisonment for a term of five to ten years with disqualification to hold certain positions or engage in certain activities for up to three years.

Later, the HACC imposed a preventive measure on Smirnov in the form of bail in the amount of UAH 10 million. The court ruled that the funds should be paid no later than five days after the date of the preventive measure. But the payment of the amount was not long in coming, and the next day it became known that the bail for Yermak’s ex-deputy had been paid in full.

And again, it was strange: he enriched himself by UAH 15.7 million, while the bail was set at UAH 10 million.

Under Smirnov’s protection

During his tenure at the Presidential Office, Andriy Smirnov managed to advance the interests of the Dnipro oligarchic clan of which he is an integral part. We are talking about business partners Kolomoisky, Firtash, Fuks, and the Astion brothers.

Smirnov’s connection to the Astions

According to the Unified State Register, Astion’s name appears in the declaration of the former Deputy Head of the Presidential Office, Andriy Smirnov. In particular, in the 2020 declaration, the official indicated the amount of UAH 9.8 million of a loan received in 2019 from Olga Astion. The latter is a member of Fingroup Factor Financial Company LLC and the mother of brothers Vasyl and Yevhen Astion.

The publications also write about the long-standing business ties between Smirnov and Dnipro businessmen. Therefore, it was with the possible assistance of the former OP official that a judge of the Shevchenkivskyi District Court reduced the alternative punishment of bail by 61 times (from UAH 61 million to UAH 1 million) during the trial of Vasyl Astion’s case (concerning illegal enrichment and raiding).

Astion’s chicken business

Yasensvit

The Astions, being representatives of the Dnipro oligarchic clan and successors of the ’90s oligarchs Kolomoisky, Firtash, and Fuks, continue to use the methods of the “tops”. Namely, to raid companies, drive them into bankruptcy through fraud and numerous manipulations.

For example, using the companies controlled and interconnected by Inter Vey Capital LLC, FINGRUP FACTOR LLC, and Financial Company Tolkfin LLC, brothers Vasyl and Yevhen Astionov are trying to drive Ovostar LLC and Yasensvit LLC into bankruptcy.

The main goal of the brothers’ activities is to appropriate the property complex and land plots of the companies. This is realized by filing lawsuits to recognize the contracts that were concluded between the listed companies and Astion companies.

These manipulations also involve Andriy Smirnov, who has influence on the judiciary of the capital. Therefore, under the lobbying of the ex-official, through various manipulations with the law, the jurisdiction of the cases was changed from Kyiv region to Kyiv.

Law enforcement agencies are also in criminal collusion with representatives of the Dnipro clan, so they put pressure on the management of Ovostar LLC and Yasensvit LLC, resorting to blackmail and threats of criminal prosecution. They fabricate criminal proceedings against the companies, using falsified evidence and false testimony.

A circular corruption conspiracy involving every level of justice…

We have sent materials to law enforcement agencies on this matter, so now they will investigate the facts of raiding Inter Vey Capital LLC, FINGRUP FACTOR LLC and Financial Company Tolkfin LLC by Astions:

  • Bureau of Economic Security – obliged by the decision of the Shevchenkivskyi District Court of 29.04.2024 in case No. 761/14653/24
  • Kyiv City Prosecutor’s Office – obliged by the decision of the Pechersk District Court of 20.04.2024 in case No. 757/21133/24-

Havrylivka Chickens and LLC “Agromars Complex”

Agromars LLC (once one of the largest chicken producers) faced a similar situation. Moreover, the latter had already been declared bankrupt, but the court’s decision was canceled. Later, in 2021, the Kyiv Commercial Court opened a new proceeding in case No. 910/15043/21 on the bankruptcy of LLC “Agromars Complex”. However, as of March 16, 2023, the register of creditors’ claims had not even been formed yet. A vivid example of delaying the process…

Back in October 2021, the Economic Court of Kyiv opened bankruptcy proceedings against LLC “Complex Agromars”. This creditor received 48 applications for debt obligations totaling almost UAH 2 billion. The insolvency officer noted that she had repeatedly tried, as the property manager, to take an inventory of the company’s assets in order to further analyze the ability of Agromars Complex to conduct business. However, the company’s owner resisted it.

Another “strange” emphasis on the war is that the debtor repeatedly states in courts that “all documents were lost due to the Russian occupation of the village of Havrylivka, where Agromars had its production facilities.” However, the occupation ended in May last year, and it would be possible to restore at least some documents – bank statements, correspondence with contractors, etc. – which is not being done as a matter of principle. Not to mention the fact that the documents of all 4 companies were not supposed to be stored together, and even at the production site, not at their legal addresses.

Another glaring point in the case is that a certain group of “interested” creditors (with ties to the parent company of Agromars and its beneficiaries) has appeared in the court proceedings and is taking all actions solely in favor of the debtor. Taking advantage of this, the debtor even allows itself to boldly “joke” with the motion to close the bankruptcy proceedings, since it “has the opportunity to fully pay off its debt obligations.” But how can we talk about satisfying creditors’ claims if they have not even been approved by the court yet? The conclusion is that the debtor “wants” to repay the debt only to “his” creditor, ignoring the interests of all others.

The initiator of the bankruptcy proceedings against Agromars was Inter Wei Capital LLC. The court of first instance recognized this company’s creditor claims against Agromars for UAH 213.9 million, including UAH 158.4 million secured by a pledge/mortgage of the debtor’s property (Inter Way Capital LLC bought these claims from FUIB). Agromars objected to the initiation of bankruptcy proceedings, citing the possibility of fulfilling its obligations under the loan agreements without applying bankruptcy proceedings, as well as pointing to the existence of a dispute over the right of claim of the initiating creditor.

According to the state register, the ultimate beneficiaries of LLC “Complex Agromars” are Yevhen and Maryna Sigali, and the ultimate beneficiaries of LLC “Inter Way Capital” are Vasyl and Yevhen Astionov. Thus, it can be concluded that Inter Wei Capital LLC, having connections in the tax authorities, through pressure on judges, together with a number of other legal entities, aims to bankrupt Agromars Complex LLC and further appropriate its property, premises, industrial facilities, including the HAVRYLIVSKY POUNDING COMPLEX BUSINESS of Agromars Complex LLC.

In addition, the Astions launched an information war – by financing the media, they created a negative image of AGROMARS COMPLEX LLC, which reduced sales of products and subsequently led to the dismissal and termination of the powers of the company’s management bodies.

We have sent materials to law enforcement agencies on this matter, so now they will investigate the manipulation of the bankruptcy of Agromars:

  • Vyshhorod District Prosecutor’s Office – the information was registered in the URPTI No. 12024111150000647 under Part 1 of Article 364 of the Criminal Code,
  • Dniprovskyi District Prosecutor’s Office of Kyiv – registered in the URPTI No. 42024102040000048 under Part 1 of Art. 364 of the Criminal Code,
  • Solomianskyi District Prosecutor’s Office of Kyiv – was registered in the URPTI 42024102090000066 under Part 4 of Art. 191 of the Criminal Code of Ukraine.

To be continued.

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