In the Aeroflot case, he was sentenced to six years in prison

The Savelovsky Court of Moscow yesterday sentenced political emigrant Boris Berezovsky. Mr. Berezovsky was found guilty of organizing the theft of 214.9 million rubles. at Aeroflot OJSC and was sentenced in absentia to six years in a general regime colony (Russian television channels showed increased interest in this event - see the “Access to TV” section, page 4). Lawyer Alexander Dudkin, who represented the defense in court, said that he intended to appeal the court's decision. The political emigrant himself called the trial a “political farce.” This is the first verdict against Mr. Berezovsky, against whom several other criminal cases are being investigated in Russia.

Judge Igor Sheremetyev of the Savelovsky Court began announcing the verdict at exactly 11 am. Grunting in surprise at the sight of the crowded conference room, he began: “Boris Berezovsky, who has Russian citizenship but does not reside on the territory of the Russian Federation, committed fraud on a large scale.” After this, it became clear that the court did not take into account the arguments of lawyer Alexander Dudkin, who during the debate demanded that Mr. Berezovsky be acquitted “due to the absence of a crime.” Those present could only find out whether the court would agree with the arguments of state prosecutor Alexander Kublyakov, who in turn asked to sentence the political emigrant to nine years in prison.

The reading of the verdict lasted about four hours. From the text of the document it followed that in 1996-1997, after Mr. Berezovsky’s friends Nikolai Glushkov and Nikolai Krasnenker became the financial and commercial director of the state company Aeroflot, and their protege Lydia Kryzhevskaya was appointed chief accountant of the airline, part of Aeroflot’s foreign currency earnings " in the amount of $252 million was transferred by these top managers to the Swiss company Andava. As stated in the verdict, 77% of Andava shares belonged to Boris Berezovsky and the same Nikolai Glushkov. The funds placed in Switzerland, according to investigators, were then used by Andava in transactions with its subsidiaries - the Cayman Islands-registered Ruko trading company, the Grendgland company and the Financial United Company (FOK), which, as stated in the court decision, were also controlled by Boris Berezovsky. Moreover, as noted in the verdict, the transactions were concluded on unfavorable terms for Aeroflot; as a result, the airline constantly found itself in debt to its counterparties and paid them interest on bills and fines for late payment. According to the court verdict, 214.9 million rubles paid by Aeroflot to companies controlled by Mr. Berezovsky as interest and fines should be considered stolen fraudulently. In this case, Messrs. Glushkov and Kryzhevskaya, as well as the general director of the FOC Roman Sheinin, received two years of suspended imprisonment on July 3, 2006 (Mr. Krasnenker died during the trial).

Yesterday the court slightly changed the wording of the charges. In particular, according to the judge’s decision, Mr. Berezovsky was found guilty of committing theft not “as part of an organized group,” as the Prosecutor General’s Office insisted, but “by prior conspiracy.” Those present in the courtroom immediately noted that this reclassification of the crime makes it possible to mitigate the defendant’s sentence. Then judge Igor Sheremetyev acquitted Boris Berezovsky of the charge of “legalization of illegally obtained funds”: the verdict states that 16 million rubles were transferred to top managers of Aeroflot as bonuses for 1996-1997 (it was this fact that the investigation interpreted as laundering of illegal income), indeed “were illegally written off from the accounts” of the airline, but the court considered this act to be part of a fraudulent scheme that “does not require additional qualification.”

Noting the presence of a minor daughter with the defendant as a mitigating circumstance, the court simultaneously recalled that by his actions Boris Berezovsky caused “large-scale material damage to the leading national air carrier, which has never been compensated,” and he himself is “hiding from the investigative authorities.” As a result, the political emigrant was sentenced to six years in a general regime colony. The court also upheld Aeroflot's claim against Boris Berezovsky in the amount of 214.9 million rubles. (note that last year the Golovinsky court assigned compensation for this damage to Messrs. Sheinin, Krasnenker and Glushkov). “The term of imprisonment shall be counted from the moment of detention,” Igor Sheremetyev concluded the reading of the verdict. “Thank you everyone, everyone is free,” he said finally and, surrounded by bailiffs, left the room.

Lawyer Alexander Dudkin, representing the interests of Boris Berezovsky (remember, he was appointed by the court after Mr. Berezovsky forbade his lawyers to participate in the process) announced yesterday that he would file a cassation appeal. According to Mr. Dudkin, “the prosecution did not present evidence of guilt” of his client.

This is the first verdict against Mr. Berezovsky. Let us remind you that two more criminal cases are currently being investigated against him in Russia - about fraud in the transactions of Logovaz and about calls for the overthrow of the constitutional order.

Convict Boris Berezovsky, who is now in London, called his sentencing a “political farce” and said that he most likely would not appeal. True, the political emigrant clarified, he will first consult with his lawyers. In turn, representatives of the prosecutor's office said that after the verdict enters into legal force, a repeated request for the extradition of Mr. Berezovsky may be submitted.

Vladislav Kommersant-Trifonov

Boris Berezovsky went to the absentee landing