Former Bank of Moscow Head Borodin avoided trial in absentia
Overturned sentence for the former Head of Premier Estate Svetlana Timonina has no prejudice value.
The release of the former Head of Premier Estate Svetlana Timonina, whose five-year sentence for complicity in embezzlement of 12 billion rubles from the Bank of Moscow had been cancelled by the Moscow City Court, from custody has affected the possibility of imposing a sentence in absentia on the bank's former President Andrey Borodin and his deputy Dmitry Akulinin.
As noted by Kommersant, the remission of Timonina's sentence was necessary for the prejudice that would make it possible to condemn in absentia Andrey Borodin and Dmitry Akulinin. They were supposed to be tried in absentia in Russia, and then their verdict would be referred for execution in the United Kingdom, home to Borodin and Akulinin.
However, the materials in the case have been referred to the Prosecutor's Office to eliminate violations of the Criminal Procedure Code, indicated by Timonina's lawyer Larisa Kashtanova, that occured during investigation.
The injured party represented by VTB Bank has been dissatisfied with the remission of sentence for Timonina, against which it intends to appeal in order to punish the guilty and demand compensation for all the damage in this case, exceeding 150 billion rubles. In response to this, the court stressed that the return of the criminal case to the Prosecutor's Office does not imply its termination.
The case against the former Head of Bank of Moscow Andrey Borodin and his deputy Dmitry Akulinin for fraud with funds from the city budget equaling 12.76 billion rubles was initiated in late 2010. According to investigation, Premier Estate CJSC, to which the Bank of Moscow had granted a loan, played an important part in the fraudulent scheme.
As a result, the bank's top managers embezzled 12.5 billion rubles belonging to the bank with the complicity of Boris Shemyakin, the head of Kuznetsky Most Development CJSC, and Head of Premier Estate CJSC Timonina. Andrey Borodin and Dmitry Akulinin had been declared internationally wanted, and then arrested in absentia by the decision of the Tverskoy Court of Moscow.
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