The Country must know its anti-heroes! or Four questions officials don’t want to answer. Part 3.

My application to the Investigatory Committee of the Russian Federation (SK RF), can be read here and was also filed with the Ministry of Internal Affairs Department of Internal Security and with the Russian National Anti-Corruption Committee. It proves the complicity of MVD officers Kuznetsov and Karpov, together with the owner of the now liquidated “Universal Savings Bank” Dmitry Klyuev and other now known persons in the theft of $230 million from the Russian State

The law stipulates that the SK RF must take the decision whether to open a criminal investigation within 3 days of a complaint being filed. Almost two months has elapsed since I filed this complaint exposing the Klyuev crime syndicate as the organizers of this $230 million theft and asking the SK RF to investigate officers Kuznetsov and Karpov as participants in the theft with the Klyuev orginization. Four months has elapsed since I filed a complaint requesting an investigation of the $3.3 million that officer Kuznetsov’s family acquired at the time of the theft. Almost three months has elapsed since I filed a complaint requesting an investigation of the $1.3 million that officer Karpov’s family acquired at the time of the theft. So far the SK RGF has not opened a single investigation that I have requested. (This will be the subject of a blog post in the near future).

As I mentioned in my last post, the people behind the theft of $230 million from the State are a criminal syndicate headed by the “reputable” businessman and convicted criminal Dmitry Klyuev, the owner of Universal Savings Bank, the bank which received the $230 million that was stolen from the budget.

Court records show that this criminal group has been in the “business” of organizing fraudulent tax refunds and other large scale financial crimes since 2002.

Court records also show that Interior Ministry officers Kuznetsov and Karpov who illegally sized the Hermitage documents which were subsequently used in the theft, knew Klyuev and Markelov and other key members of this criminal organization long before the theft.

I recommend that everyone read my complaint but there are some details that are worth mentioning here.

Let’s meet a few of these other now known persons who are members of Klyuev’s criminal organization.

Alexei Sheshena:

Alexei Sheshenia

Alexei Sheshenia was accused of murder in 1998.

In my application I cite documents and court decisions showing that in 2006 the Klyuev criminal syndicate stole $107 million from the government via two fraudulent tax refunds.

The fake agreements used to create the fake debts in those thefts were the same, in many places word for word, that were used two years later to steal all the taxes that Hermitage had paid – the criminals just changed the names and dates.

In 2006 in one of the thefts, a company that sued in court under a fake agreement was owned by a man named Alexei Sheshena.

In the theft of $230 million in tax paid by Hermitage that occurred one year later, once again this same Sheshenya owned one of the companies that sued under a fake agreement to create a huge fake debt used to get a huge fraudulent refund.

Genedi Plaksin:
Genedi Plaksin was Chairman of Universal Savings Bank. He also took part in the thefts from the budget in both 2006 and 2007.

In 2006 the second company that was used to rob the budget was sued under the same fake agreement by a man named Genedi Plaksin. The court judgments obtained by Sheshenya and Plaksin in 2006 were used to obtain fraudulent tax refunds equal to $107 million from Moscow tax inspectorates 25 and 28. Both of these refunds in 2006 were received in bank accounts in Klyuev’s Universal Savings Bank.

A year later, in 2007, to facilitate a fraudulent tax refund, the same Plaksin sued one of the stolen Hermitage Companies for half a billion dollars with the same agreement that he had used in the 2006 budget theft (with just the names changed). During the hearing, Plaksin was somehow able to produce financial documents for the stolen Hermitage company which were supposedly in the safe keeping of officer Karpov at the time. Despite the obvious absurdity of the claim, it was immediately granted by the judge because the Victor Markelov in whose name the company was fraudulently re-registered, agreed with the claim and told the judge that it owed the money! This fraudulent but now court verified claim was then used to obtain tax refunds from Moscow tax inspectorates 25 and 28, again without any checks from tax inspectors who were in on the fraud.

There is very detailed testimony in the 2005 Mikhailovsky GOK criminal case concerning an attempted theft of 1.6 billion dollars of shares, that Plaksin worked for Klyuev and provided his passport to him to be used so that Klyuev’s companies could be registered in his name. In that criminal case Plaksin was revealed to be one of the nominee owners of Klyuev’s Universal Savings Bank and Chairman of its Board of Directors. He admitted that he was paid money just to own and sign things for Klyuev.

Andrei Pavlov:

Lawyer Andrei Pavlov

In all of the above court cases using these false agreements, both in 2006 and in 2007 with the stolen Hermitage companies, the lawyer who represented these criminals using false agreements was Andrei Pavlov. His wife Yulia Mayorova, also a lawyer appears in many of the cases as well. Andrei Pavlov has an interesting career. According to court testimony his first job was working for the notorious convicted criminal Dmitry Yakubovsky. According to the same testimony he was also the lawyer for Dmitry Klyuev and Universal Savings Bank and he prepared all documents for submission to all courts in various matters including the attempted theft of 1.6 billion that Klyuev was convicted for.

These people, Sheshena, Plaksin, Pavlov, and his wife Mayorova, are close partners and associates of Dmitry Klyuev. They appear repeatedly in multiple crimes using the same scheme of stealing billions from the budget and receiving all the fraudulently refunded money in accounts in Universal Savings Bank owned by Klyuev. However law enforcement agencies for some reason are uninterested in investigating their crimes.

His wife, Lawyer Yulia Mayorova

So, let’s move on to my complaint. It was submitted in the beginning of August but no investigation has been launched. It reveals all of the above connections between people and tax refund crimes in 2006 and the one that followed a year later in 2007 that Sergei Magnitsky reported. There is absolutely no doubt that the Klyuev criminal group is responsible for both crimes, and there is no doubt that they were aided in the second crime by officers Kuznetsov and Karpov just as Sergei Magnitsky alleged.

At the moment the SK RF is doing its best not to investigate my complaint but below I have provided a summary in two parts of what it contains showing the complicity of the Klyuev Syndicate and the Interior Ministry (MVD) Officers:

Part One: The Theft.
MVD Lt. Col. Kuznetsov illegally seized the registration and financial documents and company seals of three Hermitage companies from my law offices. These companies had all been huge taxpayers and the materials seized were exactly those needed to commit the theft of these companies and the taxes that they had paid to the budget. Kuznetsov then handed them over to the custody of investigator MVD Major Karpov.

Kuznetsov’s seizure of these documents was not permitted by the warrant which authorized his search of my office for a different company. Karpov’s repeated refusals to return these documents to us was illegal. Clearly the officers wanted to keep the documents for these three companies, the only question is why.

It is a fact that the illegally seized documents and seals were held by officer Karpov at the time of the theft from the budget. These documents and seals (or copies of them) were needed for criminal network of Klyuev organizing illegal tax refunds through Klyuev’s “Universal Savings Bank”.

It is also a fact of great importance that the person in whose name the stolen companies had been fraudulently re-reigstered, is Viktor Markelov, a criminal previously known to both officers Kuznetsov and Karpov and to Klyuev. That simply cannot be a coincidence.

It is also clear from the court testimony I cite in my application that Klyuev has for quite some time, at least since 2002, been involved in the “business” of organizing huge tax refunds from different companies, and that he always used the same lawyers, fake contracts, judges, nominee directors, tax inspections, and the same bank for this “business”.

There is testimony from the Mikhailovsky GOK case that managers of Renaissance Capital hired Klyuev back in 2002 to obtain a large tax refund for them and that he did it in just over half a year.

As mentioned before, in my application I cite documents and court decisions showing that in 2006 the Klyuev criminal syndicate stole $107 million from the government via two fraudulent tax refunds. The fake agreements used to create the fake debts were the same, in many places word for word, that were used almost two years later to steal all the taxes that Hermitage had paid – the criminals just changed the names and dates.

Also we have the presence of Sheshena, Plaksin and Pavlov in both cases and in the same roles, as plaintiffs and lawyer using the same fake agreements.

The same tax Moscow Tax Inspections No 25 and 28 were involved in both thefts. They provided their service of “huge refunds without questions” in 2006 and again in 2007 when in one day they refunded 5.4 billion rubles, or $230 million to accounts in Klyuev’s Bank, Universal Savings Bank. Of course Universal Savings Bank was also the bank used for the 2006 refunds.

The similarities between these two thefts make it absolutely clear that the same people who stole $107 million from the State in 2006 via two fraudulent tax refunds also organized and participated in the theft of the Hermitage companies and the theft of $230 million that my client paid. Furthermore, all these people are now known. There are no longer any “unidentified parties”.

None of this can be coincidence and none of it can be denied. All these facts are either already agreed by all or are facts confirmed in the materials of previously investigated criminal cases and court proceedings and all are described in detail in my August complaint to the SK RF.

In short, a simple verification of the facts I have alleged in my complaint filed almost two months ago, most of which can be found in the MVD files themselves, leads one to the inescapable conclusion that officers Kuznetsov and Karpov raided my offices to take the materials needed for the Klyuev Criminal syndicate to commit the theft. Obviously this is why no investigation of my complaint has been opened. To simply verify the facts in my complaint is too dangerous for the corrupt officials involved. Verification results automatically in everything being clear.

Part 2: Hiding the crime.
My client – Hermitage Fund, assisted by Sergei Magnitsky, informed the Russian authorities in early December 2007 that its Russian companies had been stolen and that fake debts were being created for them – this was nearly a month before these criminals stole the money from the budget. Those complaints named the fraudsters and alleged the complicity of MVD officers Kuznetsov and Karpov – in particular they detailed the actions of Lt. Col. Kuznetsov in illegally seizing the registration documents and seals of these companies and investigator Karpov’s illegal refusals to return these materials and they requested immediate investigations.

But the police waited until the money was stolen and laundered before considering these applications. Two months later, at the request of Hermitage Fund a criminal investigation was opened into Kuznetsov and Karpov’s actions. Immediately, in retaliation Kuznetsov and Karpov fabricated criminal charges against officers and lawyers of the fund. One of those cases was subsequently used for the unlawful arrest of Magnitsky. Magnitsky’s arrest followed immediately after he testified against MVD officers Karpov and Kuznetsov regarding their involvement in the theft and shortly after he gave an interview to “Business Week” magazine revealing the previous 2006 frauds committed by the Klyuev syndicate.

It was the second time when the same MVD officers arrested a man who had testified about their crimes. 31-year-old Fedor Mikheev, who testified against them in 2006, is still in prison, and Sergey Magnitsky who tried to expose them is dead.

It has been more than 1.5 years since the Interior Ministry recognized the theft from the budget. But neither the Interior Ministry, or Investigatory Committee of the Russian Federation has found evidence of a crime in the actions of the MVD Officers. This is not surprising as they have never been investigated.

Prosecutors have not even asked Viktor Markelov, the fall guy, convicted to hide the actions of the entire group in the theft of the $230 million, where the stolen money is, nor did they file on behalf of the state a civil action seeking recovery of the money, nor did they use the investigatory powers of the State to trace the funds through the banking system.

Obviously, the officials involved in the investigation at the MVD and the SK RF do not want the money found and returned to the State, nor do they want these criminals behind the theft to be identified and punished.

In order to prevent any investigation into the stolen money the criminals arranged a farce. They organized a confession by Victor Markelov – whose name was used in the scheme to re-register companies for the purpose of stealing them. Once the companies were under criminal control, the Klyuev organization once again used the documents and seals that had been stored with Major Karpov to fabricate the agreements that were used in court cases to create the fake losses that the entire theft scheme depended on.

In court the implementers of the cover-up decided to give this convicted murderer what they apparently thought was a more serious sounding criminal title “Master of the Mills”. They also gave the registration number and address of the sawmill where he supposedly worked but which in fact doesn’t exist. It is clear by all this sloppiness that the authors of this farce did not expect the actual details of Markelov’s conviction to become a subject of public interest and that they never expected these details to be checked. In general inconsistencies between their allegations and documented facts have never stopped criminals in uniform and their partners from obtaining the desired results.

Law enforcement authorities used the “voluntary confession” made by Markelov as a good excuse to the court as to why there was no need to present any evidence of the entire crime and how it was carried out. This is how they were able to avoid the otherwise inevitable questions in court about whether Markelov could organize such a sophisticated theft and what roles MVD officers Kuznetsov and Karpov played, and what roles were played by members of the Klyuev criminal syndicate and interested officials at the tax inspectorate who returned those $230 million so fast.

My statement requests that a criminal investigation be opened against Interior Ministry officers Karpov and Kuznetsov and their associates for their complicity in the embezzlement of $230 million from the budget.

All this was done to force the SK RF to begin an investigation of the main issues which are the only ones relevant to determining the perpetrators of this theft of the century. Again I want to state that all the SK RF has to do is check my facts. If they check them all doubts about who organized this crime are over, and so the entire plan now is to avoid checking any of these facts and not to ask any of the four questions I have posed.

As I mentioned last week, the SK RF is trying to investigate the arrest and death of Sergei Magnitsky in detention center without ever honestly investigating the theft which Sergey discovered and his arresting officers’ roles in that theft. The result of this will be that officers Karpov and Kuznetsov will avoid all liability for their roles in Sergei Magnitsky’s false arrest and death and they and the entire Klyuev syndicate will avoid punishment for stealing $230 million from the Russian state.

We must not let this happen. Public opinion must force the SK RF to start checking the facts stated in my statement.

Investigators must give clear, sensible answers to my four questions:

1) At the time when investigator Karpov was illegally holding all the materials necessary to commit the crime, who gave the convicted killer Markelov all the materials that were actually used to steal the companies and the money?

It should be clear to anyone that police officers Kuznetsov and Karpov during a pre-planned operation with Dmitry Klyuev illegally seized the corporate documents and seals of the three companies, which had been huge taxpayers, and handed them to members of the Klyuev Syndicate whom they had long known and worked with. This enabled the syndicate to re-register these companies into the control of a member of the syndicate, Markelov. As mentioned before, I detailed not only the re-registration of the companies into a member of the syndicate but how members of that Syndicate then stole the $230 million exactly the same way they had stolen taxes before, this time working in cooperation with law enforcement officers who they had been accused of committing crimes with in the past.

2) Who did Markelov work for and who organized this sophisticated theft of billions of rubles from the Russian state and its citizens?

The Klyuev Syndicate had specialized for many years before the theft of $230 million from the Treasury in tax refunds from the state budget through the use of lawsuits. It is this syndicate which implemented these complex frauds. It appears that the organizers were Dmitry Klyuev and lawyer Andrei Pavlov. I gave the SK RF a number of materials that indicate that they committed the same scam in the past using the same fraudulent contracts with the same courts and tax inspections and the same lawyers and other persons.

3) Were the officials of Moscow tax authorities 25 and 28 who returned these $230 million in one day without any checks really tricked into making these refunds?

THIS IS A VERY FUNNY QUESTION. And obviously the tax officials are laughing also, laughing at us and anyone else who pays the taxes that they routinely steal. If the SK RF does not open a criminal investigation and prosecute the officials who approved the tax refunds, it will only demonstrate that the SK RF is either involved in the scam or is under political pressure to protect these tax officers from liability.

4) Where did all the stolen money go and is anyone really looking for it?

The 4th and last question is the most revealing: No attempts have been made to locate the stolen money. The authorities cannot produce any evidence of a search for the money. Why isn’t the MVD or the SK GP looking for the stolen Government money?

$230 million is not a sum that the authorities can legitimately refuse to trace. For comparison – it’s about equal to the amount of funds allocated by the State to help victims of the fires this year.

At the same time finding the money will immediately reveal the identities of the perpetrators.

For obvious reasons, pursuing these questions is not an easy choice for any investigator or the head of the investigation.

Please read my application, so you can independently judge the facts contained therein.

Also you can help by demanding an investigation of my complaint about the crimes committed by Interior Ministry officers working with organized criminals.

You can leave your personal wishes the head of the SK RF, Alexander Bastrykin on the site of the Investigatory Committee of the Russian Federation in order to encourage him to investigate this case.
(http://www.sledcomproc.ru/internet-reception/feedback/).

In the column “text treatment” enter:

Dear Mr. Bastrykin,

Sergei Magnitsky revealed the theft of $230 million from the Russian State.

I ask that the SK RF verify information provided to it by Jamison Firestone on the links between MVD officers Artem Kuznetsov and Pavel Karpov, and a criminal enterprise involving Dmitry Klyuev, “Universal Savings Bank,” Victor Markelov, Andrey Pavlov, Alexei Shesheney, Gennady Plaksin and others specified in his complaint. I ask that the SK RF conduct an investigation into all cases of tax refunds made to accounts in “Universal Savings Bank, since 2002, and that it compare all the previous cases of tax refunds that occurred before July 2007, with the fraudulent tax refunds of $230 million, discovered by Sergei Magnitsky.

I ask that the SK RF opens and conducts an investigation and within it provide answers to four simple questions:

1) Who gave Markelov all the documents and seals (or copies of them) kept by investigator Karpov and used to commit the theft?
2) Who stands behind Markelov and organized this theft of $230 million from the Russian state and its citizens?
3) Were the officials from the tax authorities who refunded $230 million in a single day without any proper checks, “duped” or were they interested accomplices of criminals?
4) Where has all the stolen money gone?

I ask you to resolve these questions in order to make it possible to make fully informed conclusions about the reasons for Magnitsky’s arrest, his cause of death, and who is responsible for his inhumane conditions and the denial of medical treatment to him in detention.”
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