Former minority shareholders of Lebedinsky GOK (the list is at the disposal of the editorial office of Rucriminal.info) filed an application addressed to the chairman of the ICR, Alexander Bastrykin, to initiate a case against billionaire Alisher Usmanov for fraud and tax evasion. In it, they indicate that they lost their shares in the course of a forced redemption, which was made by Usmanov's structures at prices far from market ones. The assessment was carried out by Gorislavtsev & Co. Appraisal ", which proceeded from the fact that the official revenue of the GOK was less than $ 1 billion. However, according to the applicants, in reality the proceeds were at least three times lower. For tax optimization purposes, the products were sold at reduced prices to Usmanov's offshore companies (BGMT and FMC ltd.), And they were already selling them at market prices. As a result, the mine's real revenue was at least $ 3 billion. “Recently, we got at our disposal a package of documents formed in the territory of English law by former employees of A. B. Usmanov (including the Right Honorable Lord David Owen), who unconditionally and completely confirm the above-mentioned information, namely: the concentration of the profits of JSC Lebedinsky GOK in the offshore (Article 199 of the Criminal Code of the Russian Federation) through which all export supplies of the products of the enterprise of JSC Lebedinsky GOK ”, - the applicants indicate. Rucriminal.info publishes this statement in full, which looks extremely convincing. Especially considering the documents attached to it. They are also published by our edition.
“10/10/2007 the registrar LLC SR“ Rekom ”(Stary Oskol, microdistrict Koroleva, 37) wrote off, from the depot accounts of minority shareholders, securities: ORDINARY NOMINAL UNDOCUMENTAL SHARES of the issuer JSC“ Lebedinsky Mining and Processing Plant ”, address: Gubkin-11; registration number of the issuer - 80, on the basis of the REQUIREMENT (CJSC "GAZMETALL") ON THE REPURCHASE OF ORDINARY NOMINAL NON-DOCUMENTAL SHARES dated October 10, 2007 in accordance with Article 7 of the Federal Law dated 05.01.2006 No. 7-FZ "On Amendments to the Federal Law" On joint-stock companies and some other legislative acts of the Russian Federation "and Article 84.8 of the Federal Law of 26.12.1995. No. 208-FZ "On Joint Stock Companies".
In accordance with definition No. 208-FZ, the majority shareholder of CJSC GAZMETALL made a transfer of funds to the notary's account in the manner of compulsory repurchase of shares, based on the determined value of 8015.19 rubles ($ 320) per ordinary share as fair and corresponding to the market value.
According to the definition of paragraph 4 of Art. 84.8 FZ No. 208-FZ, the redemption of securities is carried out at a price not lower than the market value of the redeemed securities, which must be determined by the appraiser.
Minority shareholders did not agree with the price of the compulsory buyout of our shares in OAO Lebedinsky GOK due to the fact that the real market value of the enterprise was artificially and maliciously lowered, which is confirmed by the following facts:
1. the official reporting of our enterprise, taken by the managers of Metalloinvest and Gorislavtsev & Co. as a basis for assessing the capitalization of an enterprise, it has many errors and could not reflect the real profitability due to the fact that the concentration of profits did not take place at the enterprise, as the official representatives of the company claimed, but on the accounts of offshore companies owned by British citizen Alisher Burkhanovich Usmanov ... (see “ RECOMMENDED CASH OFFER ”11 pages);
1.1. That is, when exporting the national treasure - iron ore products of JSC Lebedinsky GOK, a transfer pricing scheme was applied (incriminated to MB Khodorkovsky). The corpus delicti of Art. 199 of the Criminal Code of the Russian Federation is confirmed by copies of the attached documents:
- bilingual accounts of offshore companies controlled by the citizen A.B. Usmanov. which, based on the semantics of the document, resold the products of JSC Lebedinsky GOK at market prices to enterprises in Eastern Europe, Ukraine, China, etc .;
- contracts between the offshore citizen Usmanov and the end user with market prices for the marketable products of OJSC Lebedinsky at the time of conclusion;
- correspondence between Eastern European enterprises and offshore employees of the firms of the citizen A.B. Usmanov.
- analytical notes / materials of employees of offshore companies controlled by the citizen A.B. Usmanov.
2. General Director of CJSC "GAZMETALL", Gubiev Maxim Yuryevich, at a meeting with shareholders in the management building of JSC "Lebedinsky GOK", after presenting him with the documents available to him, publicly confirmed the fact of transfer pricing and, as a result, tax evasion RF (Art. 199 of the Criminal Code of the RF) within 5 years preceding the buyout of shares: “… yes! It was! But that was before us! "
That is, an official of the company confirmed to us the fact that from 2002 to 2007 the export of the company's products was carried out using a transfer pricing scheme. Namely: the annual volume of products of Lebedinsky GOK intended for export (11-12 million metric tons), purchase He was employed by OJSC Lebedinsky GOK as a foreign offshore division of the main shareholders of BGMT ltd. Dublin until the summer of 2006, and since the summer of 2006 already Ferrous Metal Company ltd. Units 1-2 37 Lane Wall Road Gibraltar, GX11 1AA Gibraltar, close to cost, ex-Stoilenskaya, while selling to end-users in Eastern Europe, China, etc. has already been conducted at real, market prices on behalf of the offshore citizen Usmanov. During the period of the Cartel Agreement with market participants (Russian and Ukrainian GOKs) in 2003-2005, sales of LGOK products were 17-40% higher than market prices. All the super-profits of our enterprise were concentrated on the offshore company of the citizen A. Usmanov (the original of the Agreement was transferred to the law enforcement agencies of Germany).
3. In the 2007 financial year, when our shares were written off from DEPO accounts, the profit of the offshore FMC ltd. completely controlled by a British citizen, Usmanov A.B. exceeded the proceeds of JSC Lebedinsky GOK more than three times, amounting to 3,010,000,000 (Three billion ten million) US dollars, which is confirmed by the official documents of British managers who worked for the citizen A.B. Usmanov. Born in 1953 For example, this is demonstrated by the letters of the former British Foreign Secretary Lord D. Owen and his recommendation in the Official Offer with the financial reporting data of FMC and LGOK in the 2007 financial year - "RECOMMENDED CASH OFFER ...". These documents disclose financial indicators, the structure of ownership and control, and describe the financial flows when exporting iron ore products of JSC LGOK through the firms of citizen A. Usmanov.
Despite numerous negotiations-promises of the official managers of Metalloinvest, Mr. Gubiev M.Yu. and Shuvalov S.Ya., acting on behalf and on the personal instruction of Usmanov A.B., on bringing the procedure for the forced redemption of our property in accordance with the requirements of the Law of the Russian Federation (No. 7-FZ) in terms of determining the market value of minority shareholders' shares and appropriate compensation for the shares confiscated, in fact, at a meeting with the main shareholder of Metalloinvest, it was decided to leave us, the miners of LebGOK, without a proper determination of the market value of the discarded shares, so as not to create a precedent for the rest of the minority shareholders deceived by the company of citizen A.B. Usmanov.
I draw your attention to clear and unambiguous signs of malicious steps determined by the corpus delicti of Part 2.3.5 of Art. 159 of the Criminal Code of the Russian Federation in the actions of citizen A.B. Usmanov. while carrying out a two-fold assessment of the market value of our JSC Lebedinsky GOK:
- the first assessment was made by LLC Gorislavtsev & Co. Appraisal ”by order of Metalloinvest for the purpose of compulsory buyout of shares in OAO LGOK from minority shareholders. The valuation of Gorsilavtsev & Co LLC was carried out at the residual value of production assets in a 1.12% block of shares;
- the second appraisal of our enterprise was made by order of Metalloinvest by world-renowned credit institutions Merrill Lynch, Credit Suisse, Deutsche Bank and Renaissance Capital according to already objective reporting data, taking into account the real super-profit of OJSC Lebedinsky GOK and showed the capitalization of Lebedinsky GOK in more than 10 billion dollars at the time of writing off our shares!
The purpose of the second appraisal of our company was to create the most attractive image of the company for investors before Metalloinvest's IPO (offering 25% of shares on the London Stock Exchange) for wealthy gentlemen.
These data were provided to us personally by the adviser of the citizen A.B. Usmanov. on corporate issues Shuvalov S.Ya .: “... we opened the entire cash flow (financial flows) to Deutsche Bank! The Germans rated LebGOK at 10 yards! " This is already the second confirmation of our theses by the official advisers of A.B. Usmanov!
We, minority shareholders, were forced to go to arbitration.
In accordance with paragraph 4 of Art. 84.8 FZ No. 208-FZ minority shareholders ordered an independent appraisal of the value of the shares of OJSC Lebedinsky GOK based on the official reporting data of the enterprise.
Determination of the value of the object of appraisal was carried out using a cost and comparative approach to appraise the market value of one ordinary registered uncertified share of OJSC Lebedinsky GOK. The results obtained during the assessment lead to the conclusion:
The total value of the market value of one ordinary registered uncertified share of JSC Lebedinsky GOK as of June 05, 2007 is: 23,477.66 rubles or 939 US dollars (at the rate of the Central Bank as of 05.06.2007 at 25.8928).
Unfortunately, the Arbitration of the Russian Federation did not accept for consideration the objective and independent calculation of the value of the shares of OJSC Lebedinsky GOK (Khanzhonkov Report No. 1138), made even without taking into account the gross profit of the offshore company, Feros Metal Company, which exceeded LebGOK's revenue by 3 times (more than $ 3 billion. /year)!
The Expert Council of the Interregional Union of Appraisers of the Russian Federation confirmed the objectivity of the high-quality Appraisal - report No. 1138 of a Private EXPERT INSTITUTION "BELGOROD REGIONAL CENTER FOR FORENSIC EXAMINATIONS" complies with the requirements of the legislation of the Russian Federation.
Recently, we received a package of documents formed in the territory of English law by former employees of A.B. Usmanov (including the Right Honorable Lord David Owen), who unconditionally and completely confirm the above-mentioned information, namely: concentration of the profits of JSC Lebedinsky GOK in the offshore (Article 199 of the Criminal Code of the Russian Federation) through which all export deliveries of the products of JSC Lebedinsky GOK ",
The Honorable Lord Owen, who at that time worked for the citizen A.B. Usmanov, in his correspondence with us, also confirmed the objectivity of the documents that we handed over to lawyers in London. Part of the correspondence is attached.
Assessing our prospects for the return of our lawful property in the High Court of London, the Barrister from the Royal Council saw in the actions of Metalloinvest and its main shareholder clear signs that fall under the definition of FRAUD - fraud. A letter prepared by Barrister is attached.
Based on the fact that fraud as a crime has no statute of limitations in the jurisdictions of Great Britain, France, Switzerland, Italy and Germany, where citizen Usmanov A.B. … .Y.r. concentrates the material results of our work and which is clearly visible in the actions of the citizen A.B. Usmanov. when conducting a double assessment of the capitalization of JSC Lebedinsky GOK in one reporting period, with different initial reporting data (real profit and profitability), in different jurisdictions and for different target audiences (see paragraph 4 of this statement), we ask you to take into account the purely criminal context of relations citizen Usmanov with our enterprise and us, miners who have the courage to call on the bai with a London residence, who has corrupted everyone in the district. With the manner inherent in the criminal environment, Usmanov A.B., demonstrating Shuvalov S.Ya. and Gubiev M.Yu. the proper style of strict semantics of dialogue "with suckers and idiots of the city of Gubkin", tried to threaten in a personal call to Vladimir Ivanovich Diky in February: "... if you prevent me from reaching IPiO, I will find a way to punish you and the one who handed you the papers ...".
Considering the above and the special social significance of our problem,
I BEG:
1. Conduct a pre-investigation check and, if there is corpus delicti in the actions, initiate a criminal case under Art. 159 of the Criminal Code of the Russian Federation, part 2, 3, 5, (fraud) Art. 199 of the Criminal Code of the Russian Federation (tax evasion) Art. 185.2. Of the Criminal Code of the Russian Federation (violation of the procedure for accounting for rights to securities), Art. 174.1. (legalization (laundering) of funds or other property), Art. 286 of the Criminal Code of the Russian Federation (abuse of office) against the citizen of the Russian Federation A. Usmanov;
2. Search for our assets and the profits of Lebedinsky GOK in the offshore divisions of the Metalloinvest holding;
3. Request from the investment organization Renaissance Capital (Moscow-City Presnenskaya nab., 10, Tower on the Embankment, block C, 123112, Moscow, Russia) a copy of the report on the valuation of production assets of Metalloinvest holding, prepared jointly with Deutsche Bank, Merrill Lynch and Credit Suis in 2008, commissioned by Alisher Usmanov and his company;
4. Confirm the presence of signs falling under the definition of "foreign agent" in the application of the transfer pricing scheme for the export of national resources of the Russian Federation and illegal concentration of the profits of JSC Lebedinsky GOK on the accounts of the firms of the citizen of Great Britain Usmanov AB;
5. Provide a legal assessment (Definition) of the activities of Metalloinvest and its main shareholder in terms of tax evasion on an especially large scale and abuse of office in the forced redemption of shares of minority shareholders of OJSC Lebedinsky GOK.
I ask you to notify me of your decision in writing at the address indicated above.
Attached documents:
1. Extracts from the registrar SR RECOM LLC on the write-off of assets;
2. Independent appraisal of the value of the shares of JSC Lebedinsky GOK. Khanzhonkov's Report No. 1138;
3. Expert opinion of the Union of Appraisers of Rostov on the assessment of JSC LGOK;
4. Letter to the main shareholder of Metalloinvest from minority shareholders dated 2007;
5. Letter from the law firm ILaw (in English) to citizen Usmanov with a proposal for pre-trial settlement of the dispute dated March 24, 2020;
6. Letter from Lord David Owen, who worked for Mr. Usmanov AB. in an offshore division in the year of compulsory repurchase of shares in OAO LGOK;
7. Official offer (RECOMMENDED CASH OFFER) prepared by foreign employees A. B. Usmanov on the redemption of shares in an offshore company with the disclosure of economic indicators of the offshore division of Usmanov A.B .;
7.1. Translation into Russian of the most significant part of the offer with the disclosure of financial indicators of the intermediary firm (FMC).
8. Postage receipts confirming the receipt of a letter from the Law Firm “ILaw” in the personal estate of Mr. AB Usmanov. in London and in the office of the Management Company "Metalloinvest" in Moscow, Rublevskoe shosse, 28.
Thomas Gordon
To be continued
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