Investigation of Ex-Director of Rosnano’s case resumed
The ex-head of the company is accused of more than 220 million rubles ($3.42 million).
The Basmanny Court of Moscow has refused to satisfy the complaint of the former managing director of Rosnano's defense about the investments of Andrey Gorkov, who is suspected of fraud with the company's investment funds, Kommersant reports. Gorkov’s lawyers demanded that the second criminal case against him be discontinued, insisting that the new charge was an episode of the first investigation. Simultaneously, the ICR resumed the investigation into the criminal case against ex-Head of Rosnano Leonid Melamed, who is charged with the embezzlement of more than 220 million rubles under the guise of providing consultancy services to the company.
Gorkov’s lawyers Anton Golyshev and Sergey Drozda filed a lawsuit against the actions of investigators of the ICR Main Investigations Directorate last year. The defense asked to cancel the decision of Head of the investigative brigade Sergey Mikhaylov to initiate a criminal case under Swindling on an especially large scale (part 4 of Art. 159 of the Russian Criminal Code), handed down in June 2018, insisting that the case had been filed illegally. The Basmanny Court refused to satisfy the complaint, after which the lawyers appealed to the Moscow City Court. The appeal instance of the Moscow City Court made the Basmanny Court re-consider the complaint, however, it refused to satisfy it for the second time.Andrey Gorkov was detained in June 2017 on charges of Abuse of Official Powers Resulting in Grave Consequences (part 2 of Art. 201). According to the investigation, in 2011–2013, acting to the detriment of his company, Gorkov placed funds in Smolensky Bank Commercial Bank LLC, as a result of which more than 730 million rubles ($11.35 million) were lost. The top managed categorically denied his guilt. He spent a year in a pre-trial detention center, which is the maximum period of detention under this article. At the same time, not a single investigative action has been carried out with his participation, Drozda noted. A day before the planned release of Gorkov from custody, the ICR opened a new case on Swindling. According to the case file, Gorkov’s actions in the framework of an unrealized project to produce automated vacuum systems for ion-plasma deposition and etching of micro and nanostructures of the company caused damage amounting to 200 million rubles ($3.11 million). The Basmanny Court once against arrested the top managed, however, the Moscow City Court soon cancelled this decision. According to the defense, the appeal instance took into account the position of lawyers and prosecutors, who insisted that the new case was only an episode of the previous one, and the investigation used it as a pretext to keep Gorkov in custody.
Soon after his release, he returned to his work on another position. Meanwhile, Gorkov’s lawyers filed a complaint with the Basmanny Court and demanded that the actions of the Investigative Committee regarding the second case be declared unlawful.
Sergey Drozda noted that the hearings were repeatedly postponed due to the fact that the Investigative Committee could not provide the answer to the complaint. At the same time, Gorkov’s defense filed an appeal to attract a lawyer representing the interests of Rosnano as the injured party for participation in the court hearings. The company does not consider itself the victim in the case. Rosnano received this status by the decision of investigation. The meeting was held without the participation of representatives of company. This circumstance, along with the fact that the court, in the opinion of the defense, ignored their arguments, became grounds for an appeal. Sergei Drozda added that during the hearings in the Moscow City Court, the prosecutor's office, which had previously supported the investigation, changed its position.
According to the lawyer, dismissal of the complaint was made on formal grounds - “serious procedural violations that limited the victim’s right to access to fair justice”. Drozd stressed that the question of the legality of initiating the second case had not been resolved yet.At the same time, the criminal case against the ex-head of Rosnano, Leonid Melamed, was resumed. He together with the former financial director of the company Svyatoslav Ponurov, was incriminated an embezzlement of more than 220 million rubles in 2008 under the guise of providing consulting services to the company. At the end of 2017, the judge of the Cheryomushkinsky district court of Moscow returned the case for further investigation. According to lawyer Aleksandr Asnis, the prosecutor’s office had unsuccessfully tried to appeal this decision. As a result, a year later the materials returned from the Prosecutor General’s Office to investigator Sergei Mikhailov from the Investigative Committee. Asnis said that Melamed’s defense received official notification of the resumption of the preliminary investigation. According to Kommersant’s sources, Ponurov was interrogated in the framework of the resumed case, but Melamed was not summoned by the investigator. Earlier it was reported that the ex-head of Rosnano came to the Basmanny Court of Moscow in the status of a defendant and a guarantor of the ex-Minister of the Open Government, Mikhail Abyzov, who is accused