You read news about the aggraced bankers. They are not only planted, but also selected property. Large amounts. Ex-president of Vesselbank Larisa Markus serving the term for embezzlement of 110 billion rubles. The Bank "Trust" filed a claim for the former top managers "Opening Holding" Evgeny Dunkevich, Gennadia Zhuzlev and Mikhail Nazarychev for 107.4 billion rubles. The court in Kazan arrested the assets of 9 former Tatfondbank top managers worth about 97 billion rubles. Bailiffs run behind the founder of Interprombank and former Senator Sergey Pugachev, find and sell its assets. Yes, indeed, not all stolen managed to return. Many fraudsters bankers sniffed to England, France, Israel together with hundreds of billions of rubles and were not bad there. But there is a movement at least some kind of affairs. Something find someone is caught - the nerves are generally shaken. And the developers through which billions of Rubles also have led billions, and they are free, and in chocolate - no responsibility as if they do not bear. But not everyone is so lucky, of course.
Billions Fraud: SIZO, Courts and Zanzibar
Most developers remain unpunished - even the initiated criminal cases of fraud do not end in a real sentence or expropriation of the worn. Moreover, no one else can name the guilty names, "unidentified persons" - a non-discovered wording, that is, not to find ends. So, on May 4, 2017, a criminal case was initiated against unidentified persons from among the leadership of developers ZhSS "Murinskoye-1", Romance LLC and O2 Development LLC on the facts of the embezzlement of funds for the construction of the complex. It was about 4 billion rubles. The fact that they were returned to the people are not known.But so lucky not everyone. The loud business of the co-owners of the group "City" of Maxim and Ruslana Vanchugovy, who were accused of fraud and the embezzlement of 1.2 billion rubles, reached the court. They did not finish three complexes - the LCD "Baltic", "Leninsky Park" and "starfish" - and left about 3 thousand shareholders without apartments. Maxim Vanchugov spent 3.5 years in SIZO. An employed fact: the mother of the Vasileostrovsk Court was the deceived shareholder, where was originally going to listen to the case. As a result, the case was heard in the Primorsky Court. In the fall of 2019, the first meeting took place - nothing is known about the sentence. All houses were completed by the trial by other developers, so that the topic is dutiful.
On July 30, 2019, the general director of Normann GC was detained Vladimir Smirnov and was placed in the SIZO. He is incriminated to theft of money for precursors in the amount of more than 1.5 billion rubles in the construction of the LCD "on Zarechny" and "Three Oranges" in the village of Pargolovo. The investigation blamed the company's management in the fact that from January 2015, at the end of December 2017, 774 shared construction contracts were concluded for a total of 1.5 billion rubles, and only 80 million was spent on the construction site. According to the latest information, the court left Vladimir Smirnov in SIZO until the end of 2020. This year, the defendant was not reported.
In 2018, the General Director and the co-owner of the Lenspetsstroy Group of Companies Dmitry Astafiev was detained. The investigation presented him to the embezzlement of almost 500 million rubles during the construction of the LCD "Leningrad Perspective", then appeared the amount less than 220 million in six months in the SIZO, the court changed the measure of preventive for a businessman to subscribe to the union. The court should take place this year, but so far nothing can be heard about him.
Last year, the court in absentia was arrested by the founder of UNIST Petrostal Group of Companies Vladimir Oxman and the general director of Arseniya Vasilyev, who are suspected of embezzlement of 2.67 billion rubles in the construction of the Treidiewico Kingdom LCD in Murino. Both left the territory of Russia - from sin away.
From the latest loud cases. The Prosecutor's Office of St. Petersburg approved the indictment in a criminal case against a 66-year-old citizen, which is accused of embezzlement more than 1 billion rubles of money for the LCD LCD "New Scandinavia". The name of the billionaire pensioner is not reported. Began to build a non-service company "Petersburg-Skansk".
Literally the other day, March 20, when flying from Pulkovo Airport, Dmitry Ipatov, who was going to fly to the rest in Zanzibar (now there is under 30 degrees of heat). The investigation suspects him in violations during the construction of LCC LCK. The amount of 5 million rubles is voiced. The court considered that for the detention of Dmitry Ipatov there is no reason. In early March, a criminal case was initiated on fraud with the means of shareholders in the amount of more than 920 million rubles after checking the construction of Lomonosov LCD (Petrodvortsovsky), which "Petrostroy" builds in a petrodvorto district of St. Petersburg. The further fate of this case is unknown.
> Not only Petersburg businessmen suffered at least some punishment - at least reputational. In August 2017, Igor Pinkeevich came to SIZO, which was charged with funds with funds of 6 thousand pericolors of an unfinished LCD "Tsaritsyno" - the largest problematic project of Moscow, whose shareholders still cause headacter from metropolitan officials. In October 2019, businessman was released from the "Dog" and sent for home arrest.
In August 2018, as part of the scandalous criminal case, the court arrested the court arrested the former co-owner of the company and the ex-general director LLC Ivastroy Andrei Puchkov. Arrest, however, was a correspondence - businessman managed to leave an ungrateful homeland and settle in Cyprus.
Perhaps the famous developer who visited the investigation and the court - Sergey Polonsky. At first he was arrested in Cambodia, where he acquired a property of the island. Then he was deported to Moscow and in May 2015 settled in the sailor silence, where he did not stop pleaseing his fans with extravagant actions (wedding, oncology). The court took place in 2017 - he was found guilty of the embezzlement of 2.6 billion rubles from the shareholders and spoke to the five years of the colony. And immediately released from punishment due to the expiration of the statute of limitations.
Crime without punishment
Despite the loud accusations of the investigating authorities, the curses of deceived shareholders who go to rallies and write letters to the president, the real punishment of developers - rarity. And that's why.
"The current legislation does not provide for the direct responsibility of the developer for closer," comments Maxim Alekseev, a lawyer, a lawyer for real estate practitioners and investments of Kachinc and Partners. According to him, despite this, the fact of having an unfair can create derivatives for attracting a developer to justice, since the impossibility of completion of construction is often a reflection of the unstable financial condition of the developer, which will multiply the risks of presentation of claims from creditors (shareholders, states and T .d.). And it is precisely this situation that creates the risks of attracting the leadership and / or owners of the developer to subsidiary responsibility, then the means for completing the house can be recovered directly from such persons.
"Cases when such a mechanism was actually applied in practice, I can't call, as well as some real sentences in a similar situation. In general, if we consider the situation with the presence of unfriendly in the point of view of the criminal qualification of Acts, then periodically on the agenda it is the question of the addition of the Criminal Code of the Russian Federation with the new compositions of crimes for developers, because, as some deputies consider existing crime formulations, such as: fraud, embezzlement , abuse of authority, do not always allow punishment for those responsible in a breakdown or construction delay, "Maxim Alekseev summarizes.
However, the system of escrow-accounts does not allow developers easily at its discretion to manage the money for the values. Monsters of a financial roar entered the game - banks whose money goes to the construction site. To deceive them with impunity will not be so easy. Although if you act together ...
