day two hundred and forty six
Prosecutor Lakhtin responded to the defense's petition - he asked that the consolidated financial statements of Yukos according to US GAAP standards (generally accepted financial accounting principles of the United States) not be attached to the case file. This reporting automatically refutes all claims of the prosecution: it allows you to see all the income, expenses, assets, liabilities, and most importantly, the consolidated profit of Yukos, including for the period 1998-2003, which significantly exceeds the industry average. Trying to save the accusation, Lakhtin reached the point of paradoxes:
- The petition is false! It follows from the charge that the defendants committed oil theft and legalization of stolen goods in order to conceal crimes and organized double accounting for this, the prosecutor read from the sheet. - One account was compiled according to the principles of Russian accounting and did not reflect real operations on the movement of oil - this statement was presented to Yukos shareholders and tax authorities (!), another account - financial statements according to US GAAP - was compiled by Khodorkovsky in order to conceal crimes! Thus, the consolidated reporting of Yukos is irrelevant to the case, the prosecutor summed up. However, how then Khodorkovsky and Lebedev managed from year to year to steal 20% of all Russian oil production and hide this fact within the framework of international GAAP standards, the prosecutor did not specify.
- It's clear! - the judge threw Lakhtin angrily, but still did not attach the accounts.
day two hundred and forty seven
- Witness! Our defenders, as a rule, work against the state. And that one over there - Klyuvgant - he is generally illiterate ... - this is how prosecutor Lakhtin prepared the witness for the defense for interrogation. Igor Vasiliadis was vice president of the Yukos information company Sibintek, which developed and introduced the latest information technologies at enterprises. He was responsible for the company's website - he controlled and processed information on 74 objects: mining, processing, logistics ...
“We were transparent from and to,” the witness said. - Data on revenue, profits, volumes were reflected publicly ... Control over the volumes of oil production and sales was carried out by government agencies. Was there a possibility of theft with such an accounting system? Speaking objectively: from what I myself saw in the regions, the accuracy at each stage reached liters! And then, can you imagine what Western auditors are?! How meticulous are they? All of a sudden it would be obvious.
“The interrogation of this witness is irrelevant to the case! Lakhtin murmured. However, Lebedev immediately proved the opposite:
“This opponent in a white shirt,” Lebedev pointed to Lakhtin, “claims that the oil was seized at the Transneft metering station. We are charged with the volume of stolen oil tens of millions of tons more than was produced. Therefore, it should be clear to the court: is it possible, despite the system of double control that you are talking about, to let through several tens of millions of tons of oil?
- No! The loss of one ton of oil is already an emergency that could not have happened! You can't pour oil anywhere except into a tanker. Transneft is subject to constant state control. Even if you steal a three-liter jar, it will not go unnoticed. And the figures of 350 million tons of oil are simply monstrous! And the control was tough - it was from the side of the state.
day two hundred and forty eight
We are talking about diaries and weeklies confiscated in 2003 in Lebedev's reception room - they were recognized as material evidence. Meanwhile, there was no crime in them - secretaries filled out diaries and weeklies: they threw plans for the week, fixed meetings - in a word, the usual activities that referents are engaged in. And so, one of Lebedev's secretaries, Inna Dobrodeeva, came to court as a witness, and she spoke about the essence of the "material evidence" ...
Lakhtin worked out the details of secretarial work for three hours:
- But: “Dodonov, dr” - what does this entry mean, dr?
- This is a reminder to Platon Leonidovich to congratulate the employee on his birthday.
“Does this notation have any other meaning?”
- Listen ... Valery Alekseevich! Are you going to read 155 sheets of this weekly, then another 120 sheets of the second one - to read?! Judge Danilkin could not stand it.
“It has to do with the prosecution!” - answered Lakhtin and continued to torture Dobrodeeva. The judge looked at him very hard.
Then a scandal. The defense of the defendants asks for permission to read out in court the testimony of Sarah Carey, a member of the board of directors of Yukos, which they recorded themselves - the woman could not come from the United States to the court due to a serious illness.
- The defenders point out that the direct participation of Sarah Carey in the process is impossible, since she has a serious illness, she is in the hospital ... - answered Lakhtin. - Thus, the adequacy of Carey's behavior during the interview by lawyers is called into question.
“The prosecutor’s words about inadequacy are blasphemous,” lawyer Klyuvgant said. “This is an outright lie that will remain on the conscience of the prosecutor who uttered it, since Sarah Carey passed away this week ...
Lakhtin froze for a second, and then buried himself in the computer. The judge refused to admit Carey's interrogation. But he heard the statement of another witness - a citizen of Germany, Frank Rieger. The court agreed to summon this former leading Yukos employee and even sent him a subpoena. However, Rieger did not receive any summons. And now the lawyers read his appeal addressed to Danilkin, in which he asked to be interrogated on the territory of the Federal Republic of Germany by direct videoconference. He explained the reasons for his unwillingness to come to Russia as follows:
- Searches in Yukos began at the end of 2003. Armed people were often in our building. Laptops and computers were taken from employees. My colleagues were regularly summoned to the prosecutor's office, as a result of such pressure, some left the company, and in the worst case, left the country. Seizure of documents was carried out haphazardly. Representatives of law enforcement agencies who participated in the searches simply put all the documents in boxes and took them away. When they were asked permission to leave copies, they refused. There were so many boxes with documents that they were taken out by trucks from each department. The company has almost no documents left to support its position in the tax claims courts. The documents were never returned to Yukos.
…I don't know if it's common practice for the tax authorities to give taxpayers 2 days to pay their tax claims. I got the impression that a planned action was taking place. All this seemed connected with the desire of the authorities to take Yukos away from shareholders. In 2005, PWC refused to be Yukos's auditor. Several PWC employees were summoned to the prosecutor's office for questioning. When I met with Doug Miller (representative of the Moscow office of PwC. - V. Ch.) in the spring of 2005, he personally told me that PWC could no longer work with Yukos, because they were under pressure and threatened to take away the license.
At the beginning of March 2006, I wrote a letter of resignation from the post of financial director of Yukos. At the beginning of May, I had to leave Moscow for London on a business trip for my new job. I was detained while going through passport control at Sheremetyevo. They took away my passport and offered to drive with two armed officers to the main office of the investigative committee. I immediately contacted the German Embassy in Moscow. Investigator Tatiana Rusanova met me at the investigative committee. She explained to me that since I would be interrogated as a witness, I did not have the right to a lawyer and to meet with a representative of my embassy. As I later found out, the representative of the embassy in the UPC was constantly given incorrect information about my whereabouts. Neither the lawyer called for me by Yukos, nor the representative of the embassy were able to get to a meeting with me. All the questions Rusanova asked me were about whether I could confirm that Mikhail Khodorkovsky stole a large amount of money. Rusanova showed me prepared answers to her questions and asked me to confirm what she had written. And so several hours of interrogation. When I asked Rusanova if I could leave, she said she should go and ask her boss. When she returned, she said that the chief Khatypov was not satisfied with my answers and could not let me go. After 8 hours of interrogation, Rusanova announced to me that I was free today and that they would contact me if necessary. At the same time, during the interrogation, Rusanova reminded me more than once: so far I am not being interrogated as a suspect, but only as a witness. I perceived her words as a clear threat of my arrest in case of refusal to testify, which she sought from me. The next day, the German Foreign Ministry sent a telegram to the Russian Foreign Ministry protesting my illegal detention. On the same day, when passing through control at Sheremetyevo, they again detained me and said that I could not fly out of Moscow. I missed the plane. After 1.5 hours, a man in a white dress shirt with shoulder straps came out to me and gave me the documents. At the same time, he hinted that I should think about whether I should come back to Russia or not. I decided not to return...
During the reading of the document, the judge looked depressed. Lakhtin laughed.
day two hundred and forty nine
The room is filled with smoke due to smog. Air conditioning does not help, everyone coughs. Session shortened...
Witness Farid Khamidullin, former director of the Kazan branch of the Yukos-M trading house, which was engaged in the sale of petroleum products, is speaking. Like many other witnesses, Khamidullin came to Moscow for the trial after reading Khodorkovsky's appeal to former employees.
“And not only they are outraged, but I am surprised by the accusations,” he noted and said that the oil products were shipped to buyers, “the proceeds came, they received profits,” and the proceeds from the sale did not settle on Khodorkovsky’s accounts, but went to Yukos accounts.
— Theft of 350 million tons of oil?! Where did Khodorkovsky keep them, at the dacha, perhaps, in barrels? asked Khamidullin. - Such a volume can be stored only in Transneft. It won't work in the garden.
— Have your activities been checked by government agencies? the defense asked.
- They came to us as if they were working! And they couldn't find any violations. They begged: "Guys, we have a plan for violations - say something." We said: "Well, punish us here."
Prosecutor Lakhtin frowned and tapped on the keyboard...