Prosecutor General's Office appealed return of OCG case of Kuznetsov and Gasanov, who were involved in cash-outs
Previously, the suspects’ lawyers found a number of errors in the indictment, after which the court decided to return the case to the Prosecutor General’s Office.
The Prosecutor General's Office appealed the decision of the first instance court in the Moscow Regional Court to return the case of the ex-banker Igor Kuznetsov and the former Dagestan MP Abdullah Gasanov. The investigators accuse them of Creation the Organized Criminal Group (part 1, Art. 210 of the Criminal Code) to cash out money. However, the lawyers have found a number of errors in the indictment and secured the return of the case to the prosecutor, says Kommersant. The advocates indicated that the District Deputy Hasanov cannot be called the OCG leader, as the investigation has not indicated how he has been managing the assumed gang participants in Moscow while actually being in Dagestan. Kuznetsov’s lawyers also found some violations: in their words, many investigative actions were carried out without the participation of representatives of the defense, on which they have repeatedly solicited. The other defendants supported the main defendants’ lawyers request to return the case to the Prosecutor General’s Office.
The Court examined the complaints, received from the lawyers, and found that they were right. The judge decided that Kuznetsov had been deprived of the opportunity "to fully exercise their right to defense" and that Gasanov cannot be called the OCG leader in connection with the fact that he could control only one part of the community. The Court also pointed out that the cashier Inna Marina, who also is a person of interest in the case, could not be a member of the OCG, as she was accused only of Illegal Banking Activity (Art. 172 of the Criminal Code). The Moscow Regional Court agreed with the position of the defense and remanded the case to the Prosecutor General’s Office for the correction of errors.
Gasanov and Kuznetsov remain in a pre-trial detention center, while their alleged accomplices are under house arrest.
According to the investigators, the criminal group was created by the banker Kuznetsov in 2007. The OCG members were employees of the commercial bank Investitsionny Soyuz (Investment Union). In 2011, Gasanov’s gang, whose members delivered to Moscow more than 397 million rubles in cash, joined Kuznetsov’s criminal group.
In 2014, more than 20 members of the gang were arrested; during the search about 400 million rubles were seized. According to preliminary calculations, in total, the OCG siphoned more than 100 billion rubles to the shadow sector of the economy.
Evidence of Solntsevskie leaders’ acquaintance with State Duma deputy and Hero of Russia Vladimir Shamanov and Lokomotiv trainer Yury Syomin was photos of them together, obtained by Spanish investigators from the smartphone of one of the gang leaders Arnold Spivakovsky (Tamm), who was arrested in the Costa del Sol last year in the framework of the police operation dubbed Oligarch.