In custody for embezzlement of funds of the Ministry of Defense, member of the board of directors of EMK-Engineering, Andrei Chesnokov, who was previously close to Kovalchuk and was a top manager of the Rossiya bank, and also served as deputy chairman of the board of trustees of St. Petersburg State University of Economics (head of the board Alexey Miller) worked on a grand scale. At the disposal of Rucriminal.info there was an expanded information on the mechanism of embezzlement of budgetary funds by employees of JSC EMK-Engineering Company (TIN 7725091086) when fulfilling government contracts in the field of state defense orders.
Estimated amount of the stolen funds: 5,257,519,000 (five billion two hundred fifty-seven million five hundred nineteen thousand) rubles.
Members of the group:
- officials of the Federal State Unitary Enterprise "Main Military Construction Directorate No. 14" of the Ministry of Defense of the Russian Federation. - persons from among the management of JSC "Company EMK-Engineering" (TIN 7725091086).
Theft mechanism:
- Between JSC "Company EMK-Engineering" (Contractor) and FSUE "GVSU No. 14" (Customer) in 2013, at least 7 government contracts were concluded for the performance of construction and installation works, according to which the settlement accounts of JSC "Company EMK-Engineering" funds were received in the amount of at least 5,257,519,000 (five billion two hundred fifty-seven million five hundred nineteen thousand) rubles as advance payments. According to these contracts, no work was performed, after which the contracts were renegotiated again, but already in 2015 with the same JSC EMK-Engineering Company.
- The contracts were not fulfilled, nothing was built, the funds were spent by the contractor, who is currently in bankruptcy proceedings, FSUE "GVSU - 14" does not take measures to return the stolen funds.
According to the Rucriminal.info source, unidentified persons from among the officials of the Federal State Unitary Enterprise "Main Military Construction Directorate No. 14" of the Ministry of Defense of the Russian Federation (hereinafter referred to as GVSU-14), with intent to steal budget funds allocated for the purpose of implementation state contract with the Ministry of Defense of the Russian Federation, entered into a criminal conspiracy with persons from among the leaders of JSC "Company EMK-Engineering", as well as other persons, united in an organized group in order to steal funds.
The plan developed by the partners consisted of the following: officials of GVSU-14, who have the ability to influence the fact that JSC "Company EMK-Engineering" (INN 7725091086), controlled by the group members, was subsequently chosen as a subcontractor organization of subcontracting contracts for the performance of construction and installation work at the facilities specified in the contracts, as part of the execution of the state contract, after which received from GVSU-14 to the settlement accounts of JSC "Company EMK-Engineering", opened in various credit institutions, cash as advances under the concluded subcontracting agreements, either they did not commit to the performance of work at all, or in order to veil their criminal intentions, they performed the work to a minimum. In order to continue the criminal intent, persons from among the leaders of JSC "Company EMK-Engineering" sent the funds received to the settlement accounts of legal entities controlled by the accomplices, on false grounds.
Subsequently, in order to conceal the theft of funds and to disguise their criminal activities, the accomplices initiated the bankruptcy of EMK-Engineering Company JSC in the Moscow Arbitration Court.
The funds received to the settlement accounts of organizations were transferred on false grounds, allegedly making settlements for the supply of materials and the performance of work, to the settlement accounts of organizations controlled by members of the criminal group and registered with the use of passport data of persons uninformed about the criminal intent of the accomplices.
Further, in the continuation of the execution of the criminal plan, the accomplices found Yunakov Andrey Nikolaevich, registered in the prescribed manner as an individual entrepreneur. In order to fulfill the plan, the accomplices prepared and handed over to A.N. Yunakov. deliberately forged documents confirming that EMK-Engineering Company JSC owes a debt in the amount of 455.507 rubles to FE Yunakov Andrey Nikolaevich, which arose in connection with non-payment by EMK-Engineering Company JSC of services for registration of the transfer of ownership of the residential premises. After Yunakov A.N., fulfilling his role, on January 19, 2017, submitted the above documents to the Moscow Arbitration Court in order to initiate the bankruptcy procedure for JSC "Company EMK-Engineering". The judge of the Moscow Arbitration Court, being misled as to the validity of A.N. Yunakov's claim, by the ruling of 06/05/2017 introduced the procedure for JSC "Company EMK-Engineering" observation.
For example, between JSC "Company EMK-Engineering" (Contractor) and FSUE "Spetsstroyengineering at Spetsstroy of Russia" (new name - FSUE "Main Military Construction Directorate No. 14" of the Ministry of Defense of the Russian Federation, hereinafter referred to as GVSU) (Customer), the following were concluded contracts:
1. Subcontract agreement No. DGZ-HR / 2012-78.5 dated 06/28/2013 for construction and installation work on the object "Storage area No. 1 of military unit No. 55487, Teisin village, Khabarovsk Territory, Eastern Military District".
In accordance with the terms of the contract, the Contractor received funds in the total amount of 513,693,520.44 rubles. as an advance. However, the Contractor did not start the work and did not return the advance payment.
09.24.2015 by the agreement on termination between the Contractor and GVSU, the subcontract agreement No. DGZ-HR / 2012-78.5 was terminated. At the same time, on the same day, a new subcontract agreement No. 15161873871420909442000000 / DS-P-39 / 11-1-708.4 was concluded between the Contractor and GVSU for construction and installation work.
The total price of the contract is 2,151,180,156.00 rubles.
In accordance with the terms of the agreement, the advance payment under the said agreement transferred to the Contractor totaled 536,024,020.44 rubles. (of which funds in the amount of 22,330,500.00 rubles were transferred by payment order No. 1493 dated 04/05/2016 under a new concluded subcontract agreement, and funds in the amount of 513,693,520.44 rubles were previously transferred to the Contractor under subcontract agreement No. DGZ -ХР / 2012-78.5 are credited as an advance payment under the new contract).
Until now, the Contractor has not completed the work under the specified subcontract agreement, the final act of acceptance of the work performed has not been signed, the advance payment has not been returned.
2. Subcontract No. ДГЗ-ХР / 2012-78.6 dated 06/28/2013 for construction and installation work on the object "Storage area No. 4 of military unit No. 55487", Teisin, Khabarovsk Territory, Eastern Military District. In accordance with the terms of the contract, the Contractor received funds in the total amount of 1,019,642,944.45 rubles. as an advance.
09.24.2015 by the agreement on termination between the Contractor and GVSU, the subcontract agreement No. DGZ-HR / 2012-78.6 was terminated. At the same time, on the same day, a new subcontract agreement No. 15161873871420909442000000 / DS-P-39 / 11-4-707.4 was concluded between the Contractor and GVSU for construction and installation work.
The total price of the contract is RUB 1,612,999,154.
In accordance with the terms of the contract, the advance payment under the said contract, transferred to the Contractor, amounted to a total of 1.284.183.406.37 rubles. (of which funds in the amount of 264,540,461.92 rubles were transferred under a new concluded subcontracting agreement (payment orders dated November 19, 2015 No. 4832, dated December 25, 2015 No. 5488), and funds in the amount of 1.019.642.944 , 45 rubles, previously transferred to the Contractor under the subcontract agreement No. DGZ-ХР / 2012-78.6 are credited as an advance payment under the new contract).
Under the specified contract, the work was partially completed in the amount of 920.204.399.64 rubles, which is confirmed by the relevant acts of acceptance of the work performed (No. 1 dated November 25, 2015, No. 2 dated January 25, 2016)
The rest of the funds in the amount of 355,979,006.73 rubles. until now have not been worked out by the Contractor, have not been returned to the Customer.
3. Subcontract agreement No. 15161873871420909442000000 / DS-920 / VES-647.1 dated July 21, 2015 for the implementation of a full range of works on the object "External power supply system for the positioning area of military unit 34148" in the Kubovinsky village council, Novosibirsk region (highway 920 / VES ).
The total price of the contract is 1,098,557,326.28 rubles.
In accordance with the terms of the agreement, the advance payment under the said agreement transferred to the Contractor totaled 267,591,039.65 rubles. (payment orders dated 19.08.2015 No. 3375, dated 04.09.2015 No. 3608).
Until now, the Contractor has not completed the work under the specified subcontract agreement, the final act of acceptance of the work performed has not been signed, the advance payment has not been returned.
4. Subcontract agreement No. 15161873871420909442000000 / DS-P-36/11-shop-712.4 dated 09.24.2015 for the execution of construction and installation work on the object "Storage area of military unit 63916" in Danube settlement, Primorsky Territory, Eastern Military District.
The total price of the contract is RUB 463,124,598.
In accordance with the terms of the agreement, the advance payment under the said agreement, transferred to the Contractor, totaled 247,341,498.40 rubles. (payment orders dated 25.12.2015 No. 5489, dated 13.01.2016 No. 29, dated 08.02.2016 No. 375, dated 27.04.2016 No. 1948, No. 1949, dated 23.12.2016 No. 6557 ).
Until now, the Contractor has not completed the work under the specified subcontract agreement, the final act of acceptance of the work performed has not been signed, the advance payment has not been returned.
5. Subcontract No. ДГЗ-ХР / 2012-78.6 dated 06/28/2013 for construction and installation works on the object "Construction of storage zone No. 4 of military unit 63916" in Danube settlement, Primorsky Territory, Eastern Military District.
In accordance with the terms of the contract, the Contractor received funds in the total amount of 398,529,087.92 rubles. as an advance.
24.09.2015 by agreement on ra Subcontracting between the Contractor and GVSU (Customer), the subcontract agreement No. DGZ-HR / 2012-78.6 was terminated. At the same time, on the same day, a new subcontract agreement No. 15161873871420909442000000 / DS-P-36 / 11-4-714.4 was concluded between the Contractor and GVSU for construction and installation work.
The total price of the contract is 415,621,484.18 rubles.
In accordance with the terms of the contract, the advance previously transferred to the Contractor in the amount of 398,529,087.92 rubles. was counted towards the specified contract.
Until now, the Contractor has not completed the work under the specified subcontract agreement, the advance payment has not been returned, the acceptance certificates for the work performed have not been signed.
6. Subcontract No. ДГЗ-ХР / 2012-78.6 dated 06/28/2013 for construction and installation work on the object "Construction of storage zone No. 3 of military unit 55487" Teisin, Khabarovsk Territory, Eastern Military District.
In accordance with the terms of the contract, the Contractor received funds in the total amount of 609.148.310 rubles. as an advance.
09.24.2015 by the agreement on termination between the Contractor and GVSU, the subcontract agreement No. DGZ-HR / 2012-78.6 was terminated. At the same time, on the same day, a new subcontract agreement No. 15161873871420909442000000 / DS-P-39 / 11-3-706.4 was concluded between the Contractor and GVSU for construction and installation work.
The total price of the contract is RUB 2,011,701,766.
In accordance with the terms of the agreement, the advance payment under this agreement, transferred to the Contractor, amounted to a total of 1,352,041,232.85 rubles (of which funds in the amount of 742,892,922.85 rubles were transferred within the framework of the newly concluded agreement by payment orders dated 20.01. 2016 No. 55, dated April 27, 2016 No. 1837, No. 1947, dated May 25, 2016 No. 2407, dated June 2, 2016 No. 2498, and cash in the amount of 609,148,310.00 rubles transferred as an advance under the terminated subcontract agreement dated June 28 .2013 No. ДГЗ-ХР / 2012-78.6, credited as an advance payment under the new contract).
Until now, the Contractor has not completed the work under the specified subcontract agreement, the advance payment has not been returned, the acceptance certificates for the work performed have not been signed.
7. Subcontracting agreement dated 19.09.2013 No. DGZ-P-3 / 11-158.1 (code P-3/11) for the implementation of construction and installation works on the object "Development of a park zone and a park of equipment and weapons of military unit 47062", Birobidzhan , Jewish Autonomous Region.
Under the specified subcontract agreement, the Contractor received an advance payment in the amount of 1,207,570,419.01 rubles. The work under this contract was not completed.
14.10.2015 The parties terminated the specified subcontract agreement dated 19.09.2013 No. DGZ-P-Z / 11-158.1. At the same time, on the same day, a new subcontract agreement No. 1516187385542090942000000-741.1 was signed between the Contractor and the GVSU 14.10.2015.
In accordance with the terms of the agreement, the advance payment under the agreement transferred to the Contractor totaled 2,157,970,052.43 rubles, of which 950,399,633.42 rubles. were transferred under a new concluded agreement (payment orders dated February 20, 2016 No. 733, dated April 7, 2016 No. 1528), and 1,207,570,419.01 rubles. those listed as an advance under the terminated subcontract agreement dated September 19, 2013 No. DGZ-P-3 / 11-158.1, are credited as an advance under the new agreement.
Under the specified contract, the work was partially completed in the amount of 1.653.277.354.72 rubles, which is confirmed by the relevant acts of acceptance of the work performed, form No. KS-2 (No. 1 dated 11.11.2015, No. 2 dated 30.11.2015, No. 3 dated 07.12. 2015, No. 4 of 15.12.2015, No. 5 of 21.12.2015, No. 6 of 25.07.2016, No. 7 of 25.08.2016, No. 8 of 20.10.2016, No. 9 of 25.11.2016, No. 10 of 15.12.2016 , No. 11 dated 25.12.2016, No. 12 dated 25.01.2017, No. 13 dated 11.04.2017).
The rest of the funds in the amount of 504,692,697.74 rubles. until now have not been worked out by the Contractor, have not been returned to the Customer.
8. Subcontract No. DGZ-HR / 2012-78.5 on June 28, 2013 for construction and installation work on the object "Construction of storage area No. 1 of military unit 26942", Vilyuchinsk, Kamchatka Territory.
In accordance with the terms of the contract, the Contractor received funds in the total amount of 662,958,595.70 rubles. as an advance. The work under this contract was not completed.
09.24.2015 by the agreement on termination between the Contractor and GVSU, the subcontract agreement No. DGZ-HR / 2012-78.5 was terminated. At the same time, on the same day, a new subcontract agreement No. 1516187387202090942000000 / DS-P-41 / 11-1-711.5 was concluded between the Contractor and GVSU for the performance of construction and installation works.
The total price of the contract is RUB 1,543,420,160.
In accordance with the terms of the contract, the advance previously transferred to the Contractor in the amount of 662,958,595.70 rubles. was counted towards the specified contract.
Under this contract, the work was partially completed in the amount of 64.801.832.26 rubles, which is confirmed by the relevant acts of acceptance of the work performed, form No. KS-2 (No. 1 of 25.07.2016).
The rest of the funds in the amount of 598,156,763.44 rubles. until now have not been worked out by the Contractor, have not been returned to the Customer.
9. 28.06.2013 between JSC "Company EMK-Engineering" (Contractor) and GVSU (Customer) signed a subcontract agreement No. DGZ-HR / 2012-78.5 for the implementation of construction and installation work on the object "Construction of storage zone No. 4 of military unit 26942", Vilyuchinsk, Kamchatka Territory.
In accordance with the terms of the contract, the Contractor received funds in the total amount of 320,389,473.10 rubles. as an advance. The work under this contract was not completed.
09.24.2015 by the agreement on termination between the Contractor and GVSU, the subcontract agreement No. DGZ-HR / 2012-78.5 was terminated. At the same time, on the same day, a new subcontract agreement No. 1516187387242090942000000 / DS-P-41 / 11-3.4-710.4 was concluded between the Contractor and GVSU for the performance of construction and installation works.
The total price of the contract is RUB 1.991.759.732.
In accordance with the terms of the agreement, the advance payment under the said agreement transferred to the Contractor totaled 762,160,277.82 rubles. (of which funds in the amount of 441,770.804.72 rubles were transferred under a new concluded subcontracting agreement (payment orders dated 07.04.2016 No. 1529, dated 27.04.2016 No. 1836, dated 22.08.2016 No. 4103, dated November 29, 2016 No. 6005), and the funds in the amount of 320,389,473.10 rubles previously transferred to the Contractor under the subcontract agreement No. DGZ-HR / 2012-78.5 were credited as an advance payment under the new contract).
Under the specified contract, the work was partially completed in the amount of 239,879,443.52 rubles, which is confirmed by the relevant acts of acceptance of the work performed (form KS-2) No. 1 of 25.07.2016.
The rest of the funds in the amount of 522,280,834.30 rubles. until now have not been worked out by the Contractor, have not been returned to the Customer.
10. September 23, 2013 between USK MOST JSC (TIN 7702322731) (Contractor) and GVSU (Customer) a subcontract agreement No. 1315187383582090942000000 / DGZ-28 / 162-1.1-159.1 was concluded. for the development of working documentation and the implementation of construction and installation works for the object: "Reconstruction of the Baltimore airfield, Voronezh (code 28 / 162-1.1 (1st start-up complex of the 1st stage)).
The total price of the contract is 9.268.736.975 rubles.
In accordance with the terms of the contract, the advance payment under the said contract, transferred to the Contractor, totaled RUB 4,566,809,832.57.
In the future, by the agreement of August 31, 2015 concluded between USK MOST JSC, GVSU and EMK-Engineering Company JSC, the latter was transferred all rights and obligations to fulfill the above agreement.
Because at the time of the agreement, USK MOST JSC performed work under the contract for a total amount of RUB 1,309,555,342.45, then EMK-Engineering Company JSC (Contractor) recognized the debt to GVSU (Customer) arising from the performance of the contract in the amount RUB 3.257.254.490.12
Further, in order to fulfill the contract, the Contractor was additionally financed by the Customer in the amount of 30,000,000 rubles.
However, to date, the Contractor has not completed the work under the specified subcontract agreement, the final acceptance certificate for the work performed has not been signed, the advance payment in the total amount of 3.287.254.490.12 has not been returned.
In the future, in order to obtain the opportunity to dispose of the funds received by JSC "Company EMK-Engineering" from the GVSU, using for their criminal purposes a number of controlled organizations, whose leaders were also interested in profiting from the criminal activities of accomplices, i.e. voluntarily included in a criminal group, on false grounds, allegedly making payments for the supply of materials and the performance of work, made payments to these organizations, including: LLC "BlokOptTorg" (the organization's activities were terminated on 21.12.2018), LLC "VectorProjectStroy" (the activity of the organization was terminated on 08/19/2019), LLC
In particular, on 08.12.2014, JSC “Company EMK-Engineering” and LLC “BlokOptTorg” (TIN 7714866341) concluded a supply agreement No. 08-12 / 14 / K.
Under the terms of the contract, OOO BlokOptTorg undertook to supply materials in the amount of 72,726,097.72 rubles.
As a result of the execution of the contract, JSC "Company EMK-Engineering" made an advance payment in the amount of 35,000,000 rubles.
However, OOO BlokOptTorg did not fulfill the terms of the contract, as a result of which the contract was terminated by agreement of the parties on 01.07.2015. Under the terms of the agreement to terminate the contract, BlokOptTorg LLC recognized the debt to EMK-Engineering Company JSC in full and undertook to return the received advance.
In fact, OOO BlokOptTorg returned only part of the advance in the amount of 10,700,000 rubles.
04/21/2015 between JSC "Company EMK-Engineering" and LLC "BlokOptTorg" a supply agreement No. 54/15-P was concluded.
Under the terms of the contract, OOO BlokOptTorg undertook to supply materials in the amount of 83,275,290.40 rubles.
As a result of the execution of the contract, JSC "Company EMK-Engineering" made a payment in the total amount of 38,082,084.69 rubles. However, BlokOptTorg LLC did not fulfill the terms of the contract, and did not return the funds.
05/13/2015 between JSC "Company EMK-Engineering" and LLC "VectorProjectStroy" (INN 7727774352), a supply agreement No. 73/15-P was concluded.
As a result of the execution of the contract, JSC "Company EMK-Engineering" made an advance payment in the amount of RUR 7,163,940.
However, VektorProektStroy LLC did not fulfill the terms of the contract and did not return the money.
10.04.2015 between JSC "Company EMK-Engineering" and LLC "Vector ProektStroy ”a supply agreement No. 20-15-P was signed.
As a result of the execution of the contract, JSC "Company EMK-Engineering" made an advance payment in the amount of 11.611.766, 40 rubles.
However, VektorProektStroy LLC did not fulfill the terms of the contract and did not return the money.
02/18/2015 between JSC "Company EMK-Engineering" and LLC "VectorProjectStroy" concluded a supply agreement No. 28/1 / 15-P.
As a result of the execution of the agreement, JSC "Company EMK-Engineering" made a transfer of funds in the total amount of 18,290,188.80 rubles.
However, VektorProektStroy LLC did not fulfill the terms of the contract and did not return the money.
03/06/2015 between JSC "Company EMK-Engineering" and LLC "VectorProjectStroy" concluded a supply agreement No. 31/15-P.
As a result of the execution of the contract, JSC "Company EMK-Engineering" made an advance payment in the amount of 7,798,761.60 rubles.
However, VektorProektStroy LLC did not fulfill the terms of the contract and did not return the money.
03/06/2015 between JSC "Company EMK-Engineering" and LLC "VectorProjectStroy" concluded a supply agreement No. 32/15-P.
As a result of the execution of the contract, JSC "Company EMK-Engineering" made an advance payment in the amount of 3.608.410.50 rubles.
However, VektorProektStroy LLC did not fulfill the terms of the contract and did not return the money.
03/13/2015 between JSC "Company EMK-Engineering" and LLC "VectorProjectStroy" concluded a supply agreement No. 36/15-P.
As a result of the execution of the contract, JSC "Company EMK-Engineering" made an advance payment in the amount of RUB 2.888.640.
However, VektorProektStroy LLC did not fulfill the terms of the contract and did not return the money.
10/24/2014 between JSC "Company EMK-Engineering" and LLC "VectorProjectStroy" concluded a supply agreement No. 038-G / 1014.
As a result of the execution of the contract, JSC "Company EMK-Engineering" made a transfer of funds in the total amount of 21.488.007 rubles.
However, VektorProektStroy LLC did not fulfill the terms of the contract and did not return the money.
03/24/2015 between JSC "Company EMK-Engineering" and LLC "VectorProjectStroy" concluded a supply agreement No. 39/15-P.
As a result of the execution of the contract, JSC "Company EMK-Engineering" made an advance payment in the amount of RUR 8,415,799.50.
However, VektorProektStroy LLC did not fulfill the terms of the contract and did not return the money.
05/13/2015 between JSC "Company EMK-Engineering" and LLC "VectorProjectStroy" concluded a supply agreement No. 74/15-P.
As a result of the execution of the contract, JSC "Company EMK-Engineering" made an advance payment in the amount of 2.423.467.09 rubles.
However, VektorProektStroy LLC did not fulfill the terms of the contract and did not return the money.
12/16/2014 JSC "Company EMK-Engineering" and LLC "VectorProjectStroy" concluded a supply agreement No. 10-PV / 2014.
As a result of the execution of the contract, JSC "Company EMK-Engineering" made a payment in the amount of RUR 8,273,116.80.
However, VektorProektStroy LLC did not fulfill the terms of the contract and did not return the money.
Roman Trushkin
To be continued
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