ATTACK ON HERMITAGE, $230 MILLION TAX THEFT
One year after stealing $107 million in taxes paid by the RenGaz companies, the Klyuev Organized Crime Group stole the three Hermitage companies (Mahaon, Rilend and Parfenion) and then organized the fraudulent refund of $230 million taxes paid.
The crime began on April 28, 2007 when the key members of the Klyuev Organized Crime Group flew to Cyprus to plan the crime. Officer Kuznetsov flew in on Klyuev’s private jet with Klyuev. Officer Karpov flew with Klyuev Group lawyers Pavlov and Mayorova. The head of tax Office 28 and her husband flew to Larnaca several days after. In Larnaca they planed the biggest tax fraud in Russian history.
One month later, on 4 June 2007, Officer Kuznetsov raided the offices of Hermitage and its lawyers in Moscow and took all the corporate documents and seals necessary to take control of the Hermitage companies and effect the fraud. These materials were then placed in custody of Officer Karpov and soon were used by other members of the Klyuev Organized Crime Group to fraudulently change the owners and management of the Hermitage companies.
Once the Klyuev Organized Crime Group had stolen the Hermitage companies, they used the exact same modus operandi that they used one year earlier to steal the $107 in taxes paid by the RenGaz companies. The same Plaintiffs sued in the same courts using the same lawyer and the same forged backdated contracts to fraudulently obtain court judgments for debts that did not exist. While this was going on, the companies were moved to the same corrupt tax offices which one year previously had refunded the taxes paid by the RenGaz companies. The Klyuev Organised Crime Group then opened bank accounts for the stolen Hermitage’s companies in the same bank, Klyuev’s Universal Savings Bank. The fraudulently obtained court judgments for almost a billion dollars were then used to request a refund of $230 mln in tax previously paid by the companies. Corrupt tax officers who knew the judgments were obtained fraudulently and that the debts were fake, and who were members of the same criminal group as the lawyers who obtained the judgments, approved the refund application on the same day and US$230 mln was then refunded to Klyuev’s bank.
Officer Karpov celebrated by flying to Istanbul with Klyuev’s lawyers who fraudulently obtained the court judgments necessary for the tax refund.
The tax officers who approved the $230 million fraudulent refund went on vacation with Klyuev to Dubai and then Geneva where they had bank accounts and shortly afterwards began buying millions of dollars of Dubai property.
After years of fighting the Russian Government, Hermitage finally got it to recognize the theft but the Government has resisted all efforts to punish those responsible and have instead blamed, killed and persecuted anyone who played a role in exposing the crime.
Klyuev Organized Crime Group Theft Planning Meetings in Larnaca, Cyprus
Klyuev & Kuznetsov arrive on Klyuev’s private jet
On 28 of April 2007 Dmitry Klyuev and Russian Interior Ministry Officer Artem Kuznetsov flew on private jet VMP-618 (OY-OAA) of Execujet Scandinavia to Larnaca, Cyprus.
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Officer Karpov arrives with Klyuev Group lawyers Pavlov & Mayorova to Cyprus
Two days later, on 30th of April 2007, Officer Pavel Karpov and Klyuev lawyers –Andrey Pavlov and Yulia Mayorova joined them in Larnaca using Aeroflot SU-487
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Tax Officer Stepanova and her husband join Klyuev in Larnaca, Cyprus
Finally, Head of Moscow Tax Office No.28 Olga Stepanova with her husband Vladlen joined Dmitry Klyuev in Larnaca
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After all details of future fraud were discussed, all members of the Klyuev Organised Crime Group returned to Moscow.
Order to search offices of Hermitage and its lawyers
On 4th of June 2007, one month after Larnaca meeting, Officer Artem Kuznetsov raided the offices of Hermitage and its lawyers in Moscow and took all the corporate documents and seals necessary to take control of the Hermitage companies.
Search of Hermitage’s Moscow office
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Search of Firestone Duncan law and auditing firm office
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Translation of search document from Firestone Duncan law and auditing firm office
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Receipts for documents and seals taken from Hermitage and its lawyers
Despite numerous requests to return by-laws and seals for the Hermitage companies, they remained in the possession of Officer Kuznetsov’s colleague, Officer Karpov, as confirmed by Russian Interior Ministry reply.
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Excerpts from the corporate registry
showing fraudulent re-registration of the Hermitage companies into the name of Viktor Markelov, Klyuev Organised Crime Group Member, and showing stolen Hermitage companies were moved to Tax offices 25 and 28.
The documents seized from Hermitage and their lawyers by Officer Kuznetsov and placed in custody of Officer Karpov were then used to fraudulently re-register the ownership of Hermitage’s three Russian companies (Rilend, Mahaon and Parfenion) to a company called Pluton, based in Kazan and owned by a convicted killer Victor Markelov.
According to the state corporate registry, the Klyuev Organised Crime Group then re-registered the three stolen Hermitage companies to Tax office No 25 (Rilend) and Tax office No 28 [Mahaon and Parfenion] headed by members of the Klyuev Organised Crime Group, Elena Khimina and Olga Stepanova.
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Excerpts from the corporate registry
showing that after stealing the Hermitage companies, the Klyuev Organised Crime Group also opened for them new bank accounts in Klyuev’s Universal Savings Bank.
Members of the Klyuev Organised Crime Group opened accounts for the two stolen Hermitage companies (Rilend and Mahaon) with Universal Savings Bank
Rilend [page 12]
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Mahaon [page 11]
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and for the third stolen Hermitage company, Parfenion, with Bank Intercommerz [page 14]
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Court claims against the three Hermitage companies
Just as they had with the lawsuits against former Rengaz subsidiaries in 2006, in the late summer and early autumn of 2007 Klyuev’s lawyers Andrey Pavlov and Yulia Mayorova took part in sham lawsuits in the St. Petersburg Arbitration Court. The shell company Logos Plus claimed billions of rubles in damages against three companies stolen from Hermitage: Parfenion, Mahaon,
In October 2007, the same group filed a similar sham lawsuit on behalf of another shell company against Parfenion claiming 13 bln rubles (US$575mln) in damages.
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A third shell company owned by Gennady Plaksin, Chairman of Universal Savings bank, filed another sham lawsuit in the Moscow Arbitration Court against Rilend claiming 7 bln rubles (US$325mln) in damages.
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Lawsuits were based on forged agreements and were practically the same as the year before in the $107 million tax theft
All lawsuits were based on forged backdated agreements that the stolen companies under criminal control signed with shell companies, also under criminal control. In each case there was an “Agreement to Supply Securities”, with an “Addendum to the Agreement” which had a list of particular securities to be supplied, and a “Cancelation Agreement” dated years later. In that Cancellation Agreement, the party which allegedly didn’t supply the securities, agreed to compensate the shell company its “lost profit” in the amount of profit that the shell company would have made if it had owned the securities between the dates of the two agreements. The supposed “lost profit” amounted to billions of rubles. These agreements were exactly the same as the Klyuev Organised Crime Group used in 2006 in the theft of $107 million paid by RenGaz.
Forged agreements between Logos Plus and Rilend
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Forged agreements between Logos Plus and Mahaon
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Forged agreements between Logos Plus and Parfenion
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Forged agreements between Instar and Rilend
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Forged agreements between Grand-Active and Parfenion
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Power of Attorney to Lawyers Andrey Pavlov and Yulia Mayorova Issued by Members of the Klyuev Organised Crime Group
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Powers of attorneys to lawyers Pavlov and Mayorova were issued by members of the Klyuev Organised Crime Group to represent the stolen Hermitage Companies in court.
Lawyer Pavlov represented both sides in the fraudulent court cases
In one case in St. Petersburg, lawyer Pavlov represented criminal Markelov as a “defendant” in a lawsuit against a stolen Hermitage company, did not contest the Plaintiff’s multi-million dollar claim and admitted all liabilities.
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In another case in Kazan, lawyer Pavlov represented the Plaintiff against same criminal Markelov, suing a stolen Hermitage company for alleged huge debts. Criminal Markelov was acting as a “defendant” on behalf of the stolen company himself. Markelov did not contest the multi-million dollar claim and admitted all liabilities.
On the basis of these fraudulent lawsuits, court judgments for over US$1 bln were issued against the stolen companies of Hermitage
As a result the St. Peterburg Arbitration Court issued a 7.5 bln ruble (US$325m) judgment against Rilend:
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a 1.7 bln. ruble (US$74m) fraudulent judgment against Mahaon:
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The Moscow Arbitration Court issued a 7.5 bln ruble (US$325m)fraudulent judgment against Rilend:
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The Kazan Arbitration Court issued 13.9 bln ruble (US$575m) fraudulent judgment against Parfenion:
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Klyuev’s lawyers used exactly the same forged agreements in 2006 in the Rengaz tax theft that they used in the theft of the taxes paid by Hermitage in 2007. They are often word for word the same with only company names, dates, and sums changed.
Forged agreements between Poleta and Finansovye investizii (Documents used in the 2006 theft of taxes paid by RenGaz) vs.
Forged agreements between Logos Plus and Parfenion (Documents used in the 2007 theft of taxes paid by Hermitage)
The criminals then requested a refund of the US$230 mln in taxes these companies had previously paid. Any verification of the court judgments or the shell companies who had obtained them would have revealed that they were fraudulently obtained and the debts were non-existent. However, the companies had been moved by the Klyuev Organised Crime Group to Moscow Tax offices 25 and 28, headed by members of the Kluyev Organized Crime Group. Corrupt Tax office No.28 led by Olga Stepanova and Tax office No.25 lead by Elena Khimina approved the largest tax rebate in Russian history on the same day.
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Officer Karpov flies to Istanbul with Klyuev Group lawyers Pavlov & Mayorova, January 1, 2008
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The Stepanov’s secret Swiss Corporate bank accounts
In Geneva, Vladlen Stepanov set up bank accounts for two offshore companies, Arivust Holdings Ltd, Cyprus and Aikate Properties Inc, BVI. The equivalent of $11 million dollars was paid to these two accounts after the $230 million tax thefts. Millions of dollars in payments were also made on behalf of Stepanovs and the other tax officers from Moscow tax office No 28 from other accounts at Credit Suisse to purchase luxury properties in Dubai.
In April 2011, the Swiss authorities opened an investigation into the Stepanovs bank accounts and froze the money. The Russian government has done nothing to prosecute the tax officials.
Less than a month after the fraudulent $230 million refund, three different tax officials from Moscow tax office No 28 made payments from the same Swiss Bank account to purchase properties at the Kempinski Hotel and Residences Palm Jumerah in Dubai worth US$8 million, January 16, 17 and 18th, 2008.
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