The damage was recognized as insane

Baring Vostok case is falling apart due to a new examination

The resonant criminal case against the Baring Vostok fund may be terminated due to the results of the expertise on disputed promotions. Sources of TASS, RBC and Kommersant argue that a new assessment of the cost of disputed promotions in the Baring Vostok case confirms the innocence of the leadership of the investment fund, including its founder Michael Kalvi, under house arrest. This may be the reason for the termination of the criminal case against him and other high -ranking Baring Vostok employees.

Recall, according to investigators, in 2017, Kalvi convinced the shareholders of Vostochny Bank to accept the first collector bureau with 60% of the shares of the Luxembourg IFTG worth 600 thousand rubles to a bank of 2.5 billion rubles. However, a second examination conducted by order of the investigation by the “Russian Society of appraisers” showed that the real value of disputed shares is 3.8 billion rubles. This is even more than the assessment of Baring Vostok (3 billion rubles).

The results of an independent examination have already acquainted the lawyers of the accused, who will now be able to petition for the termination of criminal prosecution for the lack of corpus delicti. Moreover, if a full -fledged pre -investigation verification with the involvement of independent appraisers was carried out in a timely manner, then there would be no reason to start the investigation.

The director of research on the Institute for Law Problems of the European University in St. Petersburg Kirill Titaev agrees that the data of the new examination is not about the lack of corpus delicti.

“In Russia, practice is widespread, when the cost of a whole enterprise is charged with damage and investigate the case as a particularly serious crime. Then they do a second examination, in which the damage is already estimated by the annual income, the case is retrained for the difficult one, and in this form it goes to court. In this case, more and more radical: according to the results of the examination, innocence should be established and the right to rehabilitation of the accused should be established, ”Titaev explains.

The new examination should affect the status of the defendants, says Alexander Zakharov, partner of the Paragon Advice Group law firm. “The assessment, on the basis of which the formation and qualifications of the crime was carried out, was not independent and objective compared to the new assessment of the value of the company, which, in fact, is breaking the matter,” the lawyer is sure.

It is also possible to bring to justice persons who could be interested in the criminal case against Kalvi and other top managers of the fund.

According to Titaev, the investigator formally is not responsible, because he was in his right to institute criminal proceedings, if there is sufficient reasons. In this case, we are talking about the first examination carried out by Luxembourg lawyers (as Calvi subsequently approved, a technical error crept into their calculations).

“For the system, this is a rather significant failure. In practice, the discrepancy [between two examinations] for hundreds of thousands of rubles can remain unnoticed, but in the case of Baring Vostok there should be an official audit against experts who conducted the first examination, ”Titaev said.

Political scientist Alexei Makarkin is not sure that Kalvi and other defendants in the case will justify and recognize the mistakes made. The scenario of the Seventh Studio is more likely when formally the case is not closed, but the verdict is not sentenced.

According to him, the Calvy case, as well as the matter of “mass riots” in Moscow, suggests that the security forces have big problems with evidence, and therefore with confessions.

Therefore, against the background of a serious public reaction, which is superimposed on the situation in the country, because of which people are tired and annoyed, such things are falling apart. In addition, according to Makarkin, a significant part of the elite is unhappy with the expansion of the security forces and fears that today they attack the participants in protests and investors, and tomorrow they will come for them.

The outcome of this case will affect the insurance risk of Russian assets. “If, according to the market participants, a fair trial in the Calvi case will be a fair risk potentially, which will lead to an increase in the value of Russian stock assets,” explains Timur Nigmatullin's investment manager Timur Nigmatullin.

However, the fact that a foreign investor of this scale generally visited the Russian pre -trial detention center is a too strong negative signal that cannot be compensated even by folding the case.