The Khamovnichesky Court of Moscow made a mistake with the amount of legalization of funds received from oil theft in the verdict against the former head of YUKOS Mikhail Khodorkovsky and the former head of the Menatep MFO Platon Lebedev, as stated in the resolution of the Presidium of the Moscow City Court in this criminal case, Kommersant reports.
The resolution notes that when establishing the amount of legalization, the court erroneously took into account the amount of taxes and fees unpaid by the convicted persons and the organizations controlled by them in the amount of more than 5.5 billion rubles. Funds acquired as a result of tax crimes are not subject to legalization, and therefore financial transactions and other transactions with such property do not entail criminal liability, the document emphasizes.
“The Presidium believes that the amount of legalization of stolen property in monetary terms was incorrectly established by the court,” the decision of the plenum says.
At the same time, the Presidium notes that such a decision is dictated solely by the requirements of the law prohibiting criminal prosecution for the legalization of property obtained as a result of committing a tax crime, and cannot be regarded as an admission of the fact of repeated conviction for the same illegal act. As a result, the Moscow City Court excluded from the verdict the reference to the legalization of more than 5.6 billion rubles, leaving only the legalization of funds received after the theft of oil.