Rucriminal.info has become aware of another attempt to seize real estate in the center of Moscow. It would seem, what does hockey have to do with it? It turns out that hockey in Russia is more than hockey! Especially if it is the CSKA hockey club with its resident Mr. Esmantovich, a close friend of Prime Minister Mishustin.
But, let's take it in order.
Twenty years ago, in 2003, two partners purchased a building in the center of Moscow and agreed to own it on a parity basis.
So, the following corporate structure emerged (this is boring, but important for understanding subsequent events):
The building (Moscow, Trekhprudny per. 15) is owned by Laurel LLC.
The owners and, in order to maintain parity in everything, are also the general directors of Laurel LLC:
Komarov E.M. – 37.78%
Petushkov P.V. – 37.78%
The remaining part (24.44%) belongs to the Seychelles company Arlondon, which is owned in equal shares by:
Komarov M.E. (father of Komarov E.M.)
And already known to us Petushkov P.V.
A.A. Tkachenko was appointed director of the Seychelles offshore. (Petushkov's stepfather). This is the only place where parity was violated, which subsequently led to big troubles.
Everything was fine until 2020 - the building was rented for the famous Butler restaurant (Ginza Project) and the rental profits were divided equally, as expected.
Just a blissful picture that was disrupted by unexpected news: in the Seychelles company Arlondon, Komarov Sr. is no longer a shareholder.
It turned out that back in 2009, its director Tkachenko, by his sole resolution, without the knowledge of the shareholders, transferred all the shares to himself, naturally at the suggestion of his stepson. The Komarovs were indignant, and Tkachenko and Petushkov, after long negotiations, had to back down - the shares were returned, Tkachenko signed letters of guarantee that during his directorship no transactions with shares or shares in Laurel LLC were carried out. Naturally, he had to resign as director. This is the background.
And this is where the story begins. The Tkachenko-Petushkov couple did not abandon their plans. How can you gain control of a company? That's right, invite the raiders!
Now it's time to talk about hockey!
A certain Nikitenko V.V. appears on the arena, announcing from the threshold that he represents the interests of the very president of HC CSKA Esmantovich Igor Vyacheslavovich, a man, by the way, with great connections and administrative resources. Esmantovich is one of Prime Minister Mishustin’s friends and participant in all festivities. Esmantovich is also the head of the Sportim team, in which Mikhail Mishustin himself, his ex-son-in-law and closest business partner Alexander Udodov played.
Together with Mr. Nikitenko, a lawyer appears - decided Efimenko V.I. and the agreement “allegedly” dated 2009 (!) (13 years ago), according to which the share (24.4%) of the Seychelles company Arlondon in Laurel LLC was sold Mr. Tkachenko to Mr. Petushkov. Naturally, without notarization. That is, Arlondon dropped out of Laurel LLC.
The schemers were clearly in a hurry or had preliminary agreements with both the notary and the 46th tax office that they could get away with everything, so they didn’t bother too much with the details of the contract. The main thing is to get involved in a fight, and then we’ll sort it out. Everything in the contract is perfect - the seller’s forged signature, the Moscow registration address “Arlondon”, which was different in 2009 and began to operate only in 2016, and the paper, which was not issued at that time, but only with the beginning of anti-Russian sanctions. The terms of the contract were also fantastic: deferred execution of the contract - 13 years, deferred payment - 14 years, and the sale price was ten times cheaper than the cost of the asset. The Komarovs turned to experts, they confirmed: the contract was falsified.
According to Rucriminal.info, through the notary Fedorchenko A.V., a copy of the “agreement”, certified by Petushkov himself, is sent electronically to the 46th tax office and changes in the composition of the founders with changes in their shares are registered there without any questions. Petushkov (he himself no longer appears on stage, the pros work on his behalf) immediately holds an extraordinary meeting of participants in Fedorchenko’s office, at which they decide to remove Komarov Jr. from the post of General Director and appoint the newly arrived Nikitenko in his place. The protocol records Fedorchenko again. Voila, Mr. Esmantovich is in business.
In general, notary A.V. Fedorchenko is a great “specialist” in certifying decisions of meetings and transactions with shares in companies without checking the reality of the relations of the parties. In the framework of similar disputes, the arbitration courts of Moscow have repeatedly declared invalid the decisions of meetings of participants, in the registration of which the notary Alexander Vyacheslavovich Fedorchenko participated (see Resolution of the Ninth Arbitration Court of Appeal dated 02/08/2022 N 09AP-81173/2021 in case N A40-109627/2021 ; Resolution of the Moscow District Arbitration Court dated May 24, 2022 N F05-10464/2022 in case No. A40-109627/2021; Decision of the Moscow Arbitration Court dated July 23, 2020 in case No. A40-198203/19136-1750).
New managers and immediately began a flurry of activity. Mr. Petushkov broke the contract with the tenant and re-signed it... but through his personal individual entrepreneur. He rented space from Laurel LLC for 300 thousand rubles a month, and subleases it for eight (!) times more. He didn’t even pay attention to such little things as the need for approval by two-thirds of the votes of the founders. “Just think, some kind of big deal with interested parties!” And, in general, why follow the law if you can hide behind the authority of Esmantovich!
At first, the Komarovs did not believe that the head of a respected sports club would be involved in such unseemly matters. However, a fact is a fact: the head of HC CSKA confirmed in correspondence that Nikitenko represents his interests.
The Komarovs filed a lawsuit, where they encountered a fundamental (under pressure) reluctance of the judges to pay attention to the absurdity of the contract itself, a refusal to conduct a forensic examination, and a lack of material interest in the contract. They were not at all interested in Tkachenko’s letters of guarantee, with the assurance that no transactions with shares or interests in Laurel were carried out. Probably, the judges of the Moscow Arbitration Court O. Yu. Zhezhelevskaya and N. A. Novikova decided to take the word of the defendants (of course, such authoritative people) and not waste time on any documents. As a result, the claim was rejected.
In the court of appeal, the judges (Verstov M.E., Veklich B.S. and Martynova E.E.) also did not delve too deeply into the essence of the case and in 12 minutes announced their verdict: to deny the claim.
Now the case materials have been sent to cassation.
During the trials, the participation of CSKA representatives was especially evident: representatives of the Petushkov-Nikitenko side sported scarves with club colors, club stickers were on their cars - their affiliation with the club was emphasized in every possible way. Is this possible without a direct order from management, as they also call “Vertical”? The answer is obvious - no.
There is a whole group:
-performer Nikitenko V.V (aka Mitskovsky), we will talk about him in the next publication,
-lawyer specializing in business takeovers Efimenko V.I.
-notary Fedorchenko A.V.
And, of course, our old friends Petushkov and Tkachenko.
We remind you that Mr. Nikitenko claimed to represent the interests of Mr. Esmantovich.
It turned out to be an interesting team – friendly, united.
The gentlemen are so confident in their impunity that right during the trial, “lawyer” Efimenko, acting according to a well-established scheme, tries to intimidate opponents with threats of fabricating criminal cases. This was so brazen that Judge Burmakov was forced to issue warnings (there is a transcript of the court hearing).
I would like to believe that the judges in the cassation are not among CSKA fans.
Upon application to the central office of the UBEP and PC, an investigation into fraud is carried out. Investigator S.V. Tsogoev indicated in the report that there were signs of a crime under Art. 170 CC. The Investigative Committee of the Internal Affairs Directorate of the Simonovsky District is in no hurry to initiate a criminal case, despite instructions from the prosecutor's office.
Indeed, hockey in Russia is more than hockey. It’s just a pity that the energy of the head of one of its KHL leaders is directed in a completely different direction and, if not everything works out on the ice, you can risk your reputation and engage in outright criminality as part of the above-mentioned company.
I wonder how the legendary CSKA players of the “golden” squads would react to such “outside” activities organized by the club’s management? The Cheka-OGPU has already written about the use of “special forces tablets” in the CSKA hockey team, now the label of a raider will be attached to this. Isn't this a discredit to the team and Russian hockey? It's sad to see what the great club is turning into under the leadership of Igor Esmantovich.
The story doesn't end there! We will watch and prepare a sequel - we have a lot more interesting material from the life of the raiders. And we are confident that those who suffered from the actions of this wonderful group of comrades will not refuse to share their information.
To be continued
Zakhar Belotserkovsky
Source: www.rucriminal.info
