Stolen – 892 426 169 398.02 rubles, legalized – 480 412 487 523.59 rubles and 7 567 216 501.76 U.S. dollars. The website Prigovor.ru reminds its readers of what happened on February 24, 2009.
On this day, on February 24, 2009, the Khamovnichesky Court of Moscow received a notification about the convoying to Moscow from the town Chita Mikhail Khodorkovsky and Platon Lebedev to guarantee their participation in the court proceedings on the criminal case pertaining to accusation under Article 160, paragraph 3, of the Criminal Code of the Russian Federation (Misappropriation or embezzlement) and under Article 174-1, paragraph 3, of the Criminal Code of the Russian Federation (Legalizing (laundering) of money funds or other property).
The second criminal investigation was launched in 2005 based on the material collected during the pre-trial investigation within the framework of the criminal case No1-23/10 (the big case of Yukos). In February 2007, the Office of the Prosecutor General of Russia officially brought charges against Mikhail Khodorkovsky and Platon Lebedev, confirming that they were accused of misappropriating oil and laundering pecuniary assets.
(See also the article “The carried out criminal activity in the oil complex of the country)
This criminal case was conventionally divided into two component parts, presenting in totality the completed elements of the crimes committed as part of the organized group.
Episode 1. Misappropriation of securities of the JSC “Est Oil Company” VNK
Mikhail Khodorkovsky and Platon Lebedev were accused of embezzlement by way of misappropriation of the assets of affiliates of the JSC "East Oil Company" (VNK) in 1998 to the tune of 3.6 billion rubles, of legalizing the stolen shares of the affiliate companies of the JSC "East Oil company" in 1999-2000 to the same amount.
Episode 2. Embezzlement and laundering
Mikhail Khodorkovsky and Platon Lebedev were accused of embezzlement by way of misappropriation oil of the affiliate entities of the Oil Company Yukos in 1998-2003, oil of the JSC “Samaraneftegaz”, JSC “Yuganskneftegaz” and the JSC “Tomskneft” in 1008-2004 to the amount of 487.4 billion rubles and 7.5 billion U.S. dollars.
The whole volume of the criminal case, in connection with the big mass of the evidence base comprising of financial and business economic documents, business correspondence, bank statements, certificates, contracts, protocols, and other materials which are needed in criminal cases of economic character, comprised on the preliminary stage 188 volumes.
MEETINGS IN “TISHINA” (QUIETNESS)
On the same day, on February 24, 2009, Khodorkovsky and Lebedev met in the pre-trial detention center "Matrosskaya Tishina" (Sailors Quietness) with their lawyers to prepare for the proceedings and to work out a line of defense. As it is known, in the end, the most part of the "defense line" came down to the following – "it's impossible to steal the volume of oil mentioned by the investigation", and, "we will show you little pots with oil and with borehole liquid". However, the manipulation was that nobody stole the oil physically. Upon preliminary collusion, it was abducted from the "affiliates" of the oil empire and misappropriated by way of juridical formalizing of documents, siphoning money to the offshore "pockets" of Yukos,
It’s important to point out that while passing the sentence, the court closed the case pertaining to the misappropriation and legalizing of the shares of the "East Oil Company" (VNK). This is how the Khamovnichesky Court of Moscow explained its decision in 2010.
"The criminal case against Khodorkovsky M.B. and Lebedev P.L. with regards the accusations of embezzlement of the shares of the affiliates of the JSC "VNK" under Article 160, paragraph 3, subparagraphs "a" and "b", of the Criminal Code of the Russian Federation (in the version of the Federal Law from 13.06.1996) and its legalizing under Article 174-1, paragraph 3, of the Criminal Code of the Russian Federation (in the version of the Federal Law No 60 from 07.04.2010) was terminated by the ruling of the court from December 27, 2010, in connection with the expiry of the period of limitation”, pointed put the court.
Thereat, the expiry of the period of limitation, according to the law, is not a rehabilitating circumstance for defendants.
“In other parts of the accusation, the situation for the "robber-barons" looked sad and fair. During the proceedings it was the following has been established: "the concerted actions of all members of the organized group, members of which were Khodorkovsky M. B. and Lebedev P.L. was inflicted a damage to JSC “Yuganskneftegaz”, JSC “Samaraneftegaz” and JSC “Timskneft” VNK as the result of the embezzlement to the amount of 892 426 169 398.02 rubles, and as the result of the legalizing of the pecuniary means to the tune of 480 412 487 523.59 rubles and 7 576 216 501.76 U.S. dollars”, notes the website Prigovor.ru.
(See the previous article “On this day, an arrest warrant was issued against the head of the company “Yukos-RM” Mikhail Yelfimov”. “A political refugee” from a group of swindlers. Accomplice in trade of “borehole” liquid. The website Prigovor.ru reminds its readers of what happened on February 23, 2005.