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Statement by Andrei Borodin

To: A. I. Bastrykin

Chairman, Investigations Committee of the Russian Federation

From: Andrei F. Borodin

REPORT

On 26 April 2012 the Harju County Court of the City of Tallinn sentenced Indrek Põder, a high-level officer of the Estonian Security Police Department, was sentenced to a prison term for bribery. Six other individuals were also convicted under that criminal case for giving bribes and bribery intermediary services, including Oleg Smoli, an Estonian citizen.

This socially significant criminal case has received much publicity. The Estonian media, newspapers and internet media, have published reports that the current top management of the Bank of Moscow was a customer of the Estonian corrupt official from the security police. Pursuant to norms of the Code of Criminal Procedure of the Russian Federation, said information is sufficient grounds for conducting relevant checks and opening a criminal case.

However, several months after information on the involvement of the current top management of the Bank of Moscow in corrupting and giving a bribe to a foreign official was published, nothing is known about any reaction of the Investigations Committee of the Russian Federation to that information.

In this connexion, I consider it necessary to call your attention to the following. From the openly accessible court sentence on this criminal case it is known that on 29 August 2011 a contract was concluded between the Bank of Moscow and the GreenStone Consulting Company, controlled by Smoli, under which the Bank of Moscow remitted 300,000 euros to said company. A portion of the amount was withdrawn in cash and given as bribe to Indrek Põder. The court sentence establishes that Indrek Põder has received a bribe in the amount of more than 60,000 euros from the funds remitted by the Bank of Moscow. Indrek Põder received the bribe for using his office in a certain manner, including for organising criminal prosecution of a number of individuals disliked by the current top management of the Bank of Moscow.

According to the court sentence and materials of the trial, the services were ordered by the Bank of Moscow and specific instructions to the convicts were being given by the bank’s vice-president Udaltsova, who personally met them in Paris (11 September 2011) and London (15 October 2011). At the same time, it is absolutely clear that Udaltsova could not organise the remittance of a large amount of funds of the Bank of Moscow abroad to a bank account of a front firm single-handedly, without coordination with the bank’s president Kuzovlev. The fact that Udaltsova was more than once sent abroad to conduct negotiations with the convicts and a number of other facts point to president Kuzovlev’s possible involvement in the organisation of the bribing of a foreign official. The nature of relationships of Udaltsova with I. Põder as well as the fact that I. Põder was a high-level officer of the Estonian Security Police points to possible involvement in the bribery of a foreign official of V. D. Nikishayev, vice-president of the Bank of Moscow, who is in charge of security matters.

Pursuant to Article 291 of the Criminal Code of the Russian Federation, bribing a foreign official personally or through an intermediary is a crime. It follows from the above sentence that I. Põder with the participation of intermediary O. Smoli received funds remitted by the Bank of Moscow as a bribe. Because the funds were remitted from the territory of the Russian Federation, this crime was committed on the territory of the Russian Federation and the perpetrators are criminally liable in accordance with the Criminal Code of the Russian Federation.

Given the above, pursuant to Articles 140-145 of the Code of Criminal Procedure of the Russian Federation,

I AM REQUESTING:

  1. A check with respect to T. Udaltsova, M. Kuzovlev and V. Nikishayev as well as other managers and employees of AKB Bank of Moscow (Open Joint-Stock Company) involved in handing money through an intermediary over to a foreign official: Indrek Põder, to find out if their actions amount to a crime under Article 291 of the Criminal Code of the Russian Federation (bribing).
  2. My notification on the results of the check addressed to my representatives, attorneys: Mikhail S. Dolomanov, 4/17 Pokrovskiy Boulevard, Building 1, Moscow 101000; Vladimir N. Krasnov, 7 Bolshoy Strochenovskiy Pereulok, Moscow 115054; and Dmitriy V. Kharitonov, Kann House, 2/62/35 Sadovaya-Kudrinskaya St., Building 1, Moscow 121069).

Andrei F. Borodin
6 August 2012