Sberbank is trying to get a criminal case initiated for falsification of documents by KuibyshevAzot

The dispute between KuibyshevAzot (KuAZ) and Sberbank over an amount exceeding 1 billion rubles could result in a new criminal case. Previously, cases had already been initiated against the head of the Avtozavodsk branch of Sberbank, Svetlana Lisitsyna, and the head of the financial and economic department of the plant, Larisa Smoleva. Both investigations are related to the agreement between KuAZ and Sberbank on the provision of a range of services on the securities market. For transactions made with bills of exchange, KuibyshevAzot is trying through arbitration to recover losses from the bank in the amount of 1.4 billion rubles, since, according to representatives of the plant, they handed over the bills to the bank, but did not receive money for them. Sberbank initiated verification of the authenticity of the documents provided by KuAZ.

Sberbank doubts the authenticity of the documents on the basis of which KuibyshevAzot is seeking losses from it in the amount of 1.4 billion rubles
Photo: Igor Kazanovsky, Kommersant

As Kommersant learned, Sberbank of Russia appealed to the investigative department of the Investigative Committee of the Russian Federation for the Samara Region with a request to check the documents submitted by KuibyshevAzot OJSC as part of an arbitration dispute with the bank over 1.4 billion rubles, for falsification. . Kommersant's sources explain that in its statement, Sberbank asked, if there were grounds, to initiate a criminal case under Part 1 of Article 303 of the Criminal Code of the Russian Federation (falsification of evidence). This information was confirmed to Kommersant by the Investigative Directorate of the Investigative Committee of the Russian Federation for the region - the statement was registered on December 19, 2014 by the second department for investigating particularly important cases. “The decision regarding the initiation of a criminal case is planned to be made on January 19,” said Elena Shkaeva, senior assistant to the head of the regional Investigative Committee of the Russian Federation for interaction with the media. According to Kommersant sources, the bank assumes that KuAZ could falsify five payment orders on Sberbank bills.

Let us remind you that the dispute between KuibyshevAzot and Sberbank of Russia represented by the Avtozavodsky branch of the Volga Bank has been going on for several years. In 2003, KuAZ entered into an agreement with the bank on a range of services in the securities market, under which the credit institution undertook to search for legal entities and individuals interested in purchasing Sberbank bills from KuibyshevAzot, prepare all related documents and exchange bank bills. KuAZ was serviced at the Avtozavodsky branch of the bank in Tolyatti, which was headed by Svetlana Lisitsyna. As stated during the consideration of the case in the arbitration court of first instance, in March-May 2010, the instructions to “exchange bills of exchange”, as a result of which KuibyshevAzot expected to receive more than 1.68 billion rubles, were not executed. In September 2012, KuAZ filed a claim to recover 1.68 billion rubles from the bank; subsequently, the amount of the claim was increased to 1.71 billion rubles. The court of first instance satisfied KuAZ's claims partially - for 1.69 billion rubles. Sberbank appealed to the 11th Arbitration Court of Appeal to challenge this decision. On May 19, 2014, the appellate court overturned the regional arbitration decision and adopted a new one, which refused to satisfy KuibyshevAzot’s demands to recover 1.7 billion rubles from Sberbank.

In July last year, KuAZ and Sberbank sent complaints against the determination of the appellate authority to the FAS of the Volga District. The bank was not entirely satisfied with the motivational part of the decision, while the plant was not completely satisfied with the operative part. However, the Federal Antimonopoly Service of the Volga District upheld the appeal decision. In November 2014, KuAZ filed a new claim with arbitration against Sberbank, in which it wants to recover from it losses under contracts with bills of exchange in the amount of 1.4 billion rubles.

In October 2012, the investigative department of the Federal Security Service of Russia for the Samara Region opened a criminal case against Svetlana Lisitsyna on the grounds of a crime under Part 1 of Art. 201 of the Criminal Code of the Russian Federation (“Abuse of power”). In December 2012, the actions of Svetlana Lisitsyna were reclassified as part 4 of Art. 159 of the Criminal Code of the Russian Federation (“Fraud”). On December 25, 2013, she was charged with fraud. The next day, the prosecutor of the Samara region, Murat Kabaloev, withdrew the criminal case from the Investigative Department of the Federal Security Service of Russia for the Samara Region and transferred it for further investigation to the Investigative Committee of the State Investigative Directorate of the Main Directorate of the Ministry of Internal Affairs of Russia for the region. According to the investigation, in the period from January 8, 2003 to May 24, 2010, Svetlana Lisitsyna, “acting on behalf of the bank, entered into a number of agreements with various affiliated organizations for the sale of promissory notes” belonging to KuibyshevAzot. For seven years, Ms. Lisitsyna allegedly “carried out transactions with bills of exchange for large amounts that were economically inexpedient for the branch, risky and not regulated by the regulatory documents of the Savings Bank of the Russian Federation (OJSC), as a result of which she caused significant damage to the bank.” During the investigation of this criminal case, the involvement of the head of the financial and economic department of KuAZ, Larisa Smoleva, in this crime was allegedly revealed. On November 18, 2014, she was detained on suspicion of attempted fraud on an especially large scale (Part 3 of Article 30 of the Criminal Code of the Russian Federation, Part 4 of Article 159 of the Criminal Code of the Russian Federation). On November 20, the Samara District Court decided to select a preventive measure against her in the form of detention for a period of two months until January 18, 2015. Subsequently, the preventive measure was replaced by house arrest. The question of choosing a further preventive measure for Larisa Smoleva, according to Kommersant's information, will be considered by the district court on January 16. Neither Svetlana Lisitsyna nor Larisa Smoleva admit guilt.

Yesterday, during a preliminary hearing in the Arbitration Court of the Samara Region, representatives of Sberbank of Russia announced that they consider five payment orders from KuibyshevAzot (precisely on the bills around which the dispute flared up - Kommersant) as controversial and turned to the regional investigative department for verification their authenticity. In this regard, representatives of the bank petitioned to exclude the controversial documents from the case materials. The court did not make a decision on the petition, and the hearing was postponed until early February.

Neither KuibyshevAzot nor Sberbank commented on the situation. Partner at the RBL law office, Yaroslav Sotnikov, in an interview with Kommersant, explained that “in accordance with procedural law, no evidence has pre-established force.” “The fact of falsification must be established by law enforcement agencies,” added Mr. Sotnikov. At the same time, he explained that if a criminal case is initiated and proceedings begin, the court may suspend the arbitration dispute if it considers that the outcome of the criminal process may affect the decision in the arbitration case.

Ekaterina Borisenkova

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