Protection of bankers Lukin and Lyubenstsov requires re -qualify the charge
As it became known to Kommersant, in the Tagansky district court of Moscow, the parties were held in the criminal case of the former chairmen of the board of Rost-Bank and Binbank Kirill Lyubenstsov and Alexander Lukin, accused of especially large embezzlement. According to the prosecution, the defendants committed “a number of economically inappropriate transactions”, for which they should sit for nine and a half years and compensate for multi -billion dollar damage. Protection offers to retraperate the charges of abuse of authority and terminate criminal prosecution due to the expiration of the statute of limitations.
The representative of the prosecutor’s office, speaking in the debate of the parties, said that the fault of the defendants Kirill Lyubenstsov and Alexander Lukin was in emptiness on an especially large scale (part 4 of article 160 of the Criminal Code of the Russian Federation) using the official position and as part of an organized group was fully proven during the triumph, and is also confirmed by the materials and testimony of witnesses.
Noting that the persons involved in thefts are denied, the prosecutor indicated “the inability to correct the defendants without isolation from society” and asked them to appoint nine and a half years of the colony and fines in the amount of 2 million rubles. To everyone.
As mitigating circumstances, the party in the state prosecution recognized the presence of both defendants of young children, relatives who are in their care, as well as the state of health of the accused.
The representative of the victim, who was recognized by Trust in this criminal case, said that he supports the charge in full. He noted that he considers the acts of the defendants fully proved, and the charges are reasonable. The victim also filed a lawsuit against the defendants in the amount of 10 billion rubles, which was fully supported by the prosecutor’s office.
Recallthat, according to investigators, from December 2014 to September 2017, Alexander Lukin and Kirill Lyubentsov, as well as “unidentified persons” committed a “number of economically inappropriate deals”, from which Binbank and Rost-Bank and the Bank of Nonspit Oidfical Assets “Trust” participated in them. The alleged crimes were committed during the reorganization of the Rost-Bank Binbank, whose activities were discontinued in 2018 by joining the Trust bank.
In the first episode of the crime, according to the Main Investigative Directorate of the Investigative Committee of the Investigative Committee, Stratola Investments Ltd, which was controlled by the accused, with their help received a loan of $ 40 million (2.6 billion rubles) in the growth bank, which did not return it. In the second, the same company received in the Rost-Bank bonds of Finstandart LLC, Vale Finas and Finstone, worth more than 8.1 billion rubles, which, the investigation believes, were transferred to the offshore Stratola Investments LTD and subsequently died. The sanatorium bank was also liquidated-in 2019 it was attached to the “opening”.
The side of protection drew attention to the unreasonableness of material claims, arguing this by the fact that the victim claimed similar lawsuits in the high court of London. The latter concluded a settlement agreement, within the framework of which the founder of O1 Group Boris Mints, which belonged to Finstandart, Vale Finance and Finstone LLC, recognized his obligations to his Trust.
Kirill Lyubentsov and his defenders, speaking at the trial, noted that at the time when the first episode of the crime occurred, he was not yet employed in the bank, but only further prolonged the decision to issue a loan. However, then he cannot be accused of embezzlement. It was also said that Stratola Investments Ltd was not fully controlled by the accused and that this contradicts the indictment, which is completely based on the fact of control.
The conclusions of the investigation, noted the defense, are based on assumptions and contain contradictions.
Also, on the basis of accounting data, it was noted that the transactions that the defendants are charged with the second episode inflicted damage to the bank less than 1% of all assets of Rost-Bank, which could not lead to bankruptcy and subsequent rehabilitation. In addition, gentlemen Lukin and Lubstentsov did not make decisions on their own, but only executed the instructions of the leadership. In this regard, the defense required re -qualifying the charge of abuse of powers (Article 201 of the Criminal Code of the Russian Federation) and terminate the case due to the expiration of the statute of limitations.
