Translated material
Two impressive stories about theft in the housing and communal services sector
Two amazing stories about theft in the housing and communal services sector have recently come to light. There will be a separate post for each of them with all the necessary scans, numbers and details (as they say, “the necessary documents are at the disposal of the editors”) - but they are so amazing in their arrogance and cynicism that I simply cannot keep them to myself anymore. I'll tell you briefly now, and next week - in detail.
At the city level.
In 2009, the management company R...r sent notices to residents of its buildings that it was undergoing a reorganization, and instead of CJSC R...r LLC R...r would operate, so it was necessary to renew the contracts. In some houses, residents did just that, and in some, management specialists held an absentee meeting of owners by drawing minutes of the general meeting on a piece of paper. One way or another, all the houses (about 400 houses!) ended up under the control of R...r LLC, located at the same address and with the same founders as the CJSC.
Having received reports for 2010 in 2011, residents saw that their houses had only tens or hundreds of thousands of rubles accumulated under capital repairs, although they remembered that earlier, based on the results of 2009, the bill was more likely in the millions. But it seems like no work was done. And to all requests for some kind of work, the management company answered that “there is no money in your house account for major repairs.”
At this stage, my reception staff joined in the investigation of the situation, and we managed to find out that, it turns out, LLC R...r and CJSC R...r entered into a very strange, but at the same time completely legal assignment agreement (assignment of claims rights) ), according to which the new management company, LLC R...r, received the right to demand from residents those debts for utility bills that they incurred to ZAO R...r, but the money for major repairs remained in the accounts of ZAO R... r, and were not transferred to LLC R...r. LLC R...r decided to start its activities in this regard “from scratch.”
We saw this amazing paper in court, in which the house manager of one of the houses filed a claim against R...r LLC to claim the money collected for major repairs (we were talking about more than 1 million rubles). It was then that the defendant’s side showed us the documents. The lawyer, who, by power of attorney, simultaneously represents both ZAO R...r and LLC R...r, said so, quite calmly: “your money has not gone anywhere, here it is in the account at ZAO R...r, please , claim it!" And as soon as you can claim it, we will immediately return it to you.
Problem number one. To claim something in court in the interests of the entire house, you need a notarized power of attorney from the owners of 50% + 1 sq.m of residential premises in the house. Anyone who thinks this is possible should try visiting pensioners with a notary in their free time.
Problem number two. The three-year statute of limitations is about to kick in.
We also wrote a statement to the police, but they refused to initiate a criminal case - the money was not stolen! here they are! are lying!
The result of fraud is that the R...r companies have wasted approximately 400 million rubles of capital repair money, and they only have to hold out for just a couple of months so that no one can ever make any legal claims against them for this money. Then withdraw assets from JSC R...r, bankrupt, close, profit.
At the regional level.
State unitary enterprise of the Sverdlovsk region "Oblkommunenergo" serves more than 40 municipalities of the region; all municipal energy and water supply enterprises of these cities were merged into SUE SO, all their assets were transferred to the balance sheet of SUE SO. Starting from the winter of 2009/2010, when the company was headed by a prominent representative of the Misharinsk team Oleg Zhabin, SUE SO began a total revaluation of assets, for which the appraiser firm EXIN Firm LLC was hired. During this revaluation, the appraiser was tasked with inflating the cost of the main assets by at least 2-2.5 times; The initial appraiser's report submitted to Oblkommunenergo was rejected because it was "insufficient." In order to get “quite a lot,” the appraiser was eventually forced to directly falsify the actual state of material assets; the number of kilometers of cables and pipelines was overestimated, the materials from which they were made were replaced, etc. As a result, the completed report satisfied the customer.
The result of the fraud is that the value of fixed assets, based on the assessment results, was inflated by at least 1 billion rubles (I will present exact calculations separately), which gives Oblkommunenergo the right to include in the calculation to justify the tariff the depreciation of these fixed assets by tens of millions of rubles per year; This amount is taken directly from the pockets of residents of those cities in the region where Oblkommunenergo operates.
Somehow it happened that both of these stories came to light at the same time, last week. It will be very difficult to do anything with both in terms of forensic-criminal matters. And these are tens and hundreds of millions taken directly from the pockets of residents of the city and region. This just makes me shiver.