By the instruction of the RA Prosecutor General’s Office on the basis of the materials prepared by the Department for combating corruption and economic crimes of the General Department on Combating Organized Crime of the RA Police, data have been obtained regarding the alienation of “Hayapaki” CJSC, bankruptcy by criminal schemes and theft of company property by fraud.
In particular, in the result of a large-scale and effective operative-search measures carried out by the employees of the General Department on Combating Organized Crime of the RA Police it has been found out that by the decision of the RA Government dated 07.02.2001. N 90 shares of state ownership (80%) in the amount of about 574 million. AMD of “Hayapaki” CJSC have been alienated to N. A. in the amount of 145 million AMD with the condition of making investments in the amount of 250 million AMD for 3 years and providing 700 job places (as a social guarantee).
However, N.A., with a preliminary intent to take possession of the company's property by fraud, intentionally has not fulfilled the obligations under the contract. Moreover, with the help of the director appointed by him, “Haybyureghapaki” OJSC has not been managed efficiently, and tax and other obligations haven’t been deliberately carried out, in the result of which by the court verdict of 29.12.2003 the company has been declared bankrupt.
Then the bankruptcy manager appointed by court, without taking measures to restore the company, by illegal actions, with the intent of concluding not beneficial contract, has concluded evaluation agreement with a person guaranteed by the director of the company. Thus, without taking the necessary measures to establish the market value of the property, without any justification, all the property of the OJSC has been estimated for 121.3 million AMD. As a result, the bankruptcy manager on the basis of this false document has started the process of alienation of property by auction. During this period, N. A. has established LLC and with the businessman A. K. has come to an agreement to sell all the property in the amount of 15 million USD.
On 15.05.2004, during the formal auction organized by the bankruptcy manager, all the property of “Haybyureghapaki” OJSC for AMD 121.3 million AMD has been acquired by the newly created LLC, which in May 2004 has already been included in the authorized capital of the company owned by the specified businessman. And N.A. as a result of the above-mentioned frauds, by the assistance of bankruptcy manager, has stolen the state property of “Hayapaki” CJSC (worth 571.166.000 AMD). As a result of all this, the rights of the owners of the remaining 20% of shares of the company have been ignored and violated.
A criminal case has been initiated in accordance with Point 1 of Part 3 of Art. 178, Part 1 of Art. 192, Point 1 of Part 3 of Art. 38-178 and Part 1 of Art. 325 of the RA Criminal Code in the Department for combating corruption and economic crimes of the General Department on Combating Organized Crime of the RA Police on the fact of theft of property by fraud, the commission of illegal actions in the bankruptcy process, assistance in the theft of property by fraud, the preparation and use of a falsified document. The criminal case has been sent to the Investigative Committee of the Republic of Armenia by the Prosecutor's Office with instruction to carry out the preliminary investigation.
Notice: Every person suspected in or charged with a criminal offense shall be presumed innocent unless proved guilty in the manner prescribed by the RA Criminal Procedure Code and unless the verdict comes into legal force.
