Lawyers of runaway banker to demand $100 million from Deposit Insurance Agency
Lawyers of former Senator intend to use the judgment made with violation of the operating Administrative Procedure Code for response measures against Deposit Insurance Agency (DIA).
The former Senator Sergey Pugachev, who is put on the wanted list in Russia under accusations of embezzling of 28 billion rubles form Mezhprombank, have a legal chance to counter-attack on the Deposit Insurance Agency. Earlier DIA has brought Pugachev to vicarious liability for 75 billion rubles through the London court and later achieved arrest of its assets in France, Luxembourg and on the Cayman Islands later.
The ability to partially restore the loss of Pugachev and his lawyers occurred after the cancellation of the July decision of Arbitration court of Moscow to extend for six months the bankruptcy of Mezhprombank. It happened on September 8 in the Ninth Arbitration Court of Appeal.
Adoption on July 15, 2016 of the judgment on prolongation of bankruptcy in contradiction with the then-current provisions of the Administrative Procedure Code, single-handedly by judge Ivan Kleandrov, became the basis for cancellation.
According to the law, the case on bankruptcy of Mezhprombank should have been considered collectively. Later, changes according to which judges acquired right to consider cases of bankruptcy solely were made to the Administrative Procedure Code, but it concerns only the proceedings initiated after the introduction of amendments to force.
As Vedomosti reported, the ruling of Arbitration Court of Moscow of July 15 to extend the bankruptcy proceedings for Mezhprombank for six months was cancelled on 8 September. The matter was returned for retrial.
Pugachev and his lawyers were obviously delighted with such turn in the case. According to the statement of media service of the ex-banker, handed to TASS, cancellation of the decision of the Arbitration Court of Moscow to extend the bankruptcy proceedings for Mezhprombank for six months gives a basis for recovery of about $100 million from the bankruptcy trustee - Deposit Insurance Agency".
Recent court decision shows that all resolutions of the Arbitration Court of Moscow were illegal and invalid, including the decision on attraction to subsidiary responsibility of heads of Mezhprombank on the amount of 75 billion rubles, declared Pugachev's media service.
“Pugachev is the largest creditor of Mezhprombank. For all these years he unsuccessfully asserted his rights and the rights of other creditors in arbitration. Now illegality of these decisions is clear. Lawyers are going to cancel illegal determinations both in Russia, and in other jurisdictions, including the Great Britain, which prosecuted the case of DIA on Pugachev's involvement to subsidiary responsibility”, - the legal representative of the former senator considers.
DIA is not going to give up
Deposit Insurance Agency strongly disagrees with the Pugachev’s point of view. Cancellation of the ruling on the extension of bankruptcy proceedings does not mean the abolition of other judicial acts in respect of Mezhprombank, and especially their illegality, commented on the situation in DIA.
The Agency has already filed a request for reconsideration of the issue, told in the DIA, and the court has every reason to further extend bankruptcy proceedings for Mezhprombank. According to lawyers of DIA, there are no grounds for cancellation of decisions on attraction of Pugachev to vicarious liability.
Moreover, the resolution of the Arbitration Court does not in any way affect proceedings against Pugachev in foreign jurisdictions, and in particular, in the UK, where he still avoids justice and ignores court orders of the High Court of England and Wales, explained in the Corporation.
The lawsuit of the Deposit Insurance Agency with the former management of Mezhprombank already lasts for five years. Criminal case on deliberate bankruptcy of Mezhprombank was brought according to the statement of DIA in 2011, in several months after revocation of license of bank and recognition it bankrupt.
Within the criminal case in Russia, Pugachev is charged with assignment or embezzlement on especially large scale and abuse of power. A former banker fled from the investigation to the UK, and after in 2015 the High Court of London recognized claims of DIA – to France.
On February 12, 2016 the former owner of Mezhprombank was in absentia sentenced to two years of imprisonment in London for disrespect for court and non-execution of judgments.