Court explains why Tsapok's wife got mansion and car back, while her $6 million remain attached
The court believes that Anzhela Maria Tsapok could have made the money to buy the house and the expensive car by legal means, since she owned a firm. The court still refused to lift the attachment from her 6 million dollars.
The Zheleznodorozhny district court of Rostov-on-Don returned the mansion and the expensive car to Anzhela Maria Tsapok, the wife of the deceased leader of the organized crime group called Tsapkovskie since she owned a company and could have made enough money for the purchases. This is stated in the reasoning of Judge Margarita Dontsova, who canceled the decision to seize Tsapok’s property on June 1. The bailiffs also affected the ruling when they said that Tsapok owed the victims only 30 million rubles, and this was the amount she had on her seized accounts. The lawyers of the victims are going to petition in the Supreme Court arguing that the total worth of the suits against the Tsapok gang is estimated at over 250 million rubles.
The court granted Tsapok’s claim for the removal of the attachment from her Rostov-on-Don mansion with an area of 409 square meters and the 2009 Porsche Panamera. The approximate cadastral value of the house is 16 million rubles. Meanwhile, according to Maxim Koshelev, a lawyer of Tsentr Pravosudiya ("Center of Justice"), the court refused to lift the attachment from the $6 million on Tsapok’s account.
Over 20 victims reported on the Tsapkovskie. Initially, the claims’ worth was estimated at 6.5 billion rubles, but the final award was 250 million rubles. The bailiffs wanted to collect 150 million from the leader’s assets and another 100 million from the other gang members.
According to the defense lawyer from Center of Justice, when ruling on Anzhela Maria Tsapok, the bailiffs only took into account her husband’s share, from which they had already collected 120 million rubles, and there still were 30 million left to collect. They, therefore, did not take into account the total amount awarded to the victims. Koshelev believes that the property that was attached belonged to the gang as a whole and must be used for payment. "It also seems strange to us that the attachment was removed from Anzhela Maria’s property, given that there is still compensation to be paid and proceedings to be completed," the lawyer added.
The judge stated in the reasoning that Andzhela Maria Tsapok bought the mansion and the car in 2008 and 2010 with her money. In this regard, the court decided to satisfy Tsapok’s claim on removing the attachment from her property. The court declined the lawyers' arguments that the woman did not have the money to buy the house and the car at that time. The Judge argued that in that period she was considered the sole founder of the company Yug Agrotechnika and, according to a tax certificate, was getting income. The certificate, however, indicates that she began to get her income only in 2010 and it was insufficient to purchase the car and the house. Koshelev promised to report on Judge Dontsova to Vyacheslav Lebedev, Chairman of the Supreme Court because the decision was made "without taking into account the real evidence."
The Tsapkovskie gang was found guilty of 19 murders and other crimes. The gang killed 12 people, including four children, in a detached house of a farmer in the village of Kuschevskaya in November 2010. As the investigators were working to solve the massacre case, they revealed other crimes the group had committed. The gang members were sentenced to lengthy prison terms in 2013. The leader Sergei Tsapok and his assistants Igor Chernykh and Vladimir Alekseev got life sentences. Tsapok died in the remand prison (SIZO) in 2014.
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