The Oryol court is considering the case on the illegal alienation of assets of the enterprises of the industrial group "alsiko. - You have already contacted other media

His son Ashot, as well as a number of his partners, were involved in the case of the illegal alienation of shares in a mining company with a market value of more than a billion rubles. The Arbitration Court has already recognized the fact of "illegal alienation of shares" and now investigators are working on a criminal case, in which the participants may face a criminal sentence.

The plot of this story is very simple. In 2009, the Gabrelyanovs' TIG Mineral Resources Company Ltd, registered in Cyprus, bought a 49% stake in Zeomax LLC, an enterprise that is engaged in the extraction of zeolites in the Oryol region. The second (and main) owner of Zeomax was Russian company- industrial group "Alsiko".

Zeomax had 2 main assets:

OJSC "Melor" is a company engaged in the extraction of minerals. The main asset is a license for the Khotynetskoye zeolite deposit, as well as a large number of various equipment(tractors, bulldozers, excavators, dump trucks, etc.). Market valuation of 100% of the company's shares as of August 2012 (OOO Appraiser) - 889.5 million rubles.

OJSC Promzeolit is a plant that processes zeolite ore mined by OJSC Melor and produces finished products(pet products, fertilizers, Construction Materials). The enterprise includes several production and warehouse buildings, many industrial equipment, technology. Market valuation of 100% of the company's shares as of August 2012 (OOO Appraiser) - 121.7 million rubles.

According to Alisko, at the same time the same group of persons (Tarasov, Bagdasarov and Andrey Mushkin) made a number of attempts to alienate other property of Alsiko (patents, trademarks, cash, cars) - in total, for an amount of about 120 million rubles. Assistance in attempts to alienate trademarks from Rospatent, as follows from the revealed documents, was provided by a high-ranking employee Presidential Administration [head Sergey Ivanov - Ruspres]- Anatoly Emelianenko, who, by an amazing coincidence, also turned out to be the godfather of Bagdasarov's grandson.

The cybercriminals transferred a number of assets to a Russian structure - OOO Tseotreydresurs, which belongs to Sofia Ashotovna Mirzoyan, presumably Gabrelyanov's sister (the one to which, according to extract from the Unified State Register of Legal Entities, Gabrelyanov's media business was registered - OJSC "News Media"). Many employees of Alsiko were transferred to the same structure, including the former general director Tarasov, and it was announced by the financial director of Gabrelyanov's structures, the same Andrei Mushkin, who received Active participation in the alienation of property from Alsiko to the Cypriot company TIG Mineral Resources Company Ltd. Thus, the entire zeolite business of Alsiko was under the control of structures associated with Gabrelyanov.

Alsiko's management cites documents confirming the preliminary conspiracy of all these defendants.

On the evening of February 5, 2013, at a meeting of another structure of the Industrial Group Alsiko, LLC Alsiko-Resource, a new general director was appointed instead of Tarasov, and the next morning Alsiko got access to all the documentation and managed to partially transport it to another office. At the same time, according to Alsiko, documents were opened that unequivocally confirm the preliminary conspiracy of the above-named group of persons to seize the assets of Alsiko (preparation for which began almost six months before the events described). Two days later, on February 7, the company's office was forcibly seized by the private security company Alfa-Sigma. Video from the surveillance cameras of this seizure has been preserved and the leadership of Alsiko claims that it clearly shows that Bagdasarov and Tarasov personally supervised the seizure. Alsiko supposes that these compromising documents are the real purpose of the seizure. It is also curious that Samvel Mirzoyan was present in the seized Alsiko office (as it is believed, Gabrelyanov's nephew, the son of his sister Sofia Ashotovna Mirzoyan, who once worked for the Zhizn newspaper. In Alsiko, referring to Gabrelyanov's friends, they say that he is a former boxer , but this is doubtful, because in the show "King of the Ring" Samvel Mirzoyan suffered a crushing defeat from Nikita Dzhigurda). Samvel Mirzoyan, in a private conversation, offered the programmer of "Alsiko" Volnov V.I. connect the company's electronic payment systems (during the seizure, the company managed to block them in order to avoid theft of funds from current accounts). The programmer refused, after which the invaders began making payments, contacting banks directly. In this way, during the seizure in a few days, Tarasov withdrew from the company's accounts about 6.73 million rubles, including 5.47 million rubles. to the accounts of OJSC Melor and OJSC Promzeolit, whose shares had already been transferred to Gabrelyanov's structures by that time.

And that is not all. The company "Alsiko", of course, began to seek the return of assets through the courts. On November 1, 2013, Alsiko had an important court hearing with the Gabrelyan offshore TIG Mineral Resources Company Ltd. In preparation for the court hearing, on October 31, the director of Alsiko took home some of the documents in this case, including the originals, to present them to the court for review. When he drove up to the house and got out of the car, two unknown assailants attacked him, beat him and stole a briefcase with a laptop and documents related to this case. A criminal case was initiated on the fact of the attack under the article “robbery”, but the perpetrators have not yet been found, and some of the original documents have been lost. The connection between the attackers and Gabrelyanov has not yet been established, but Alsiko does not believe in the "accidental" nature of this event.

Nevertheless, by the decision of the Moscow Court of Appeal dated July 21, 2014, all agreements on the alienation of shares of OJSC Melor and OJSC Promzeolit from the balance sheet of LLC Zeomax to Bagdasarov and his relatives were declared invalid. The court decision came into legal force.

In addition, Alsiko has been seeking to initiate a criminal case for more than a year. However, the Internal Affairs Directorate for the Central Administrative District of Moscow repeatedly refused, citing that it could not find and interrogate the above-mentioned persons involved in the alienation of Alsiko's property (although they did not hide, it was well known where they lived and worked). But the same Department of Internal Affairs in the Central Administrative District almost immediately initiated a case against one of the subsidiaries of the Alsiko group - Alsiko-Agroprom LLC, according to the statement of the same Bagdasarov. Alsiko-Agroprom has nothing to do with the events described above, and the reason for initiating a case was the fact that more than three years ago Alsiko-Agroprom made a payment for the actually delivered chemical raw materials to the address (as later, in the process of inquiry, it turned out) one-day firms. The management of Alsiko-Agroprom LLC did not know about this nature of this company and did not check it, since the deal was carried out under the leadership of Bagdasarov himself, and this one-day firm was also offered by him.

In general, since the 90s, the tactics of raiders have been known - after the seizure of enterprises, it is necessary to initiate criminal cases against the leaders so that they cannot actively resist the invaders. Gabrelyanov's employees Mushkin and Bagdasarov wrote to Alsiko a large number of applications to the Ministry of Internal Affairs and the Investigative Committee, and they were drawn up very casually: for example, it was stated that some persons gave the Alsiko structure cash in the amount of 35,116,818.78 rubles and 4,115,207.4 (not a penny more, not a penny less - it can be seen from judicial acts!). Moreover, these amounts were transferred without any documents (receipts, etc.) in the Alsiko office on December 31, 2011, on the New Year's holiday, when the entire office center was closed and the security services confirmed the absence of any visitors at all. The Presnensky District Court and the Moscow City Court also did not find these statements convincing.

But while the representatives of Alsiko are “drowning” in the courts, interrogations and searches, the illegally alienated enterprises continue to work for the new owners, although not as successfully as Gabrelyanov expected - the revenue at the enterprises has decreased significantly.

In the end, Alsiko managed to achieve that a criminal case on the theft of shares was nevertheless initiated, but for some reason it was combined with the same case No. 530257 on Alsiko-Agroprom and is being conducted by the same Department of Internal Affairs on the CAD, not giving him any movement.

If, nevertheless, the criminal case is brought to court, then it will no longer be just about the illegal alienation of shares (which has already been proven), but about raiding and the participants may face real terms.

The Insider spoke about some of the details of this case with the representative of the injured party - the director of Alsiko, Oleksandr Kazachenko.

- Alexander, initially the conflict with Gabrelyanov arose due to the fact that he was dissatisfied with the lack of profit. And why, in fact, there was no profit?

- We found it out later, an independent audit showed that money was withdrawn from the company through transactions with one-day companies. This was done by the operational management of the company in the person of Aleksey Tarasov, we only learned about this when we got access to the accounting department. I think Gabrelyanov did not know anything about these schemes, although his employee, Mushkin Andrey, partially participated in these schemes, we have documents about this. In addition, Gabrelyanov was dissatisfied with the fact that the project was not developing fast enough, although we tried to convince him that it was after all industrial production, this is not the same as publishing a newspaper: I printed it today, sold it tomorrow and the money returned. It's still a plant, it has a certain payback period, amortization. But his current growth rate was not satisfied.

- When did you realize that Gabrelyanov went to an open conflict only after you discovered that you had already lost your shares?

- There was no conflict as such, we just realized it only after a few months when we asked the registrar for an extract that our company was no longer the owner of the business, and before that everything was going as usual.

- What was the role of Gabrelyanov Jr.?

— Ashot Gabrelyanov from the very beginning, he was the Chairman of the Board of Directors of Zeomax LLC, and it was with him and with Andrey Mushkin that we conducted most of the negotiations when their company TIG Mineral Resources Company Ltd entered the business. He approved business plans, budgets and other management documents, presided over meetings. And also, in the end, it was he, along with Mushkin, Bagdasarov and Tarasov, who signed the illegal documents, according to which the alienation of shares from OOO Zeomax was approved. It is difficult for me personally to imagine that Ashot Gabrelyanov and Andrey Mushkin could do anything serious in this business without the knowledge and sanction of Aram Ashotovich.

- And after the transfer of shares, the business began to belong to Gabrelyanov Sr.?

- The shares of these two industrial enterprises were transferred to a Cypriot company - TIG Mineral Resources Company Ltd. Namely, from this company Aram Ashotovich conducted a dialogue with us when he bought a share in the business. Also, we have documents confirming that representatives of this company in Russia with the rights of shareholders are Ashot Gabrelyanov and Andrey Mushkin.

Some of the other assets of Alsiko were transferred to the Russian LLC Tseotreydresurs, which, according to the extract from the Unified State Register of Legal Entities, is owned by Sofia Ashotovna Mirzoyan, who, as we assume, is Gabrelyanov's sister. She also owns, according to the extract, 99% of the shares of OJSC News Media (Aram Ashotovich himself, being director general, owns 1% of shares) and other media structures of Gabrelyanov. That is, this is such a basic figure in Gabrelyanov's business, the holder of his assets.

It was for this company, "Tseotreydresurs", that Mushkin, Bagdasarov and Tarasov made three attempts to steal all trademarks of "Alsiko", about 82 signs. The attempts failed only due to the vigilance of Rospatent. Other assets of Alsiko were transferred to this company, as well as a number of Alsiko employees, mainly sales divisions, were hired to this company in order to continue the same business.

However, it is possible that the stolen shares have already been resold (as often happens in case of raider schemes). In any case, on Thursday, October 16, four more people (one of a marginal appearance, resembling a homeless person) showed up for the next trial along with Gabrelyanov's lawyers, who stated that they were the owners of the shares alienated from Zeomax.

- Bagdasarov was your partner in Alsiko. How did he react after the theft of shares was revealed?

- He ceased to be a partner long before these events, more than five years ago he sold his shares, remaining just a hired manager. But, being an employee of the company, he had the opportunity to know everything from the inside and be well prepared. And after these events, he just abruptly ran away, stopped coming to the office, to work, even threw small personal things in his office - books, souvenirs, notebooks... A few days later, with the help of mutual acquaintances, he was able to call and invite him to a meeting to explain the situation, but, unfortunately, he ran away again and was apparently afraid to appear, since he had nothing to say in his own defense. Once Ashot Gabrelyanov contacted the management of "Alsiko" by telegram, in which he appointed a general meeting of LLC "Zeomax", but did not appear there personally, sending his representative to the meeting. Thus, there is no dialogue between Alsiko and representatives of TIG Mineral Resources Company Ltd, we are forced to go the only possible legal way - to continue judicial practice and draw the attention of law enforcement agencies to the illegal nature of the activities of a number of persons. The registrar also resigned, who, in violation of the law, formalized the alienation of shares. And Mushkin, Gabrelyanov's employee, appears at monthly meetings, but behaves very unconstructively. For example, at some meetings he declares “That I am not me, but just look like my passport photo and cannot confirm my authority”. And this is despite the fact that Mushkin knows me well and is shown to him the entire volume required documents to confirm. Mushkin himself no longer shows any of his documents.

- Why was the Central Administrative Department so reluctant to take your application?

- They took the statement normally, it was just that they could not initiate a criminal case for about a year. We were denied four times and did not help with complaints to the Central Administrative District prosecutor's office, nor to the Moscow prosecutor's office, nor deputy inquiries, nor complaints to the security service, nor complaints to the reception room of the Ministry of Internal Affairs - the Internal Affairs Directorate for the Central Administrative District still refused, citing the fact that they could not find for questioning Bagdasarov and his relatives who participated in the transfer of shares. They weren't hiding though. Baghdasarov himself, in front of witnesses, said, literally literally, the following: "I have enlisted the support of influential people and I am conducting the investigation in the Central Administrative District in a controlled manner." We are ready to confirm this statement in court. Then, when we succeeded in transferring the case to the Moscow Office of economic security, Bagdasarov and Mushkin were quickly “found” and interrogated. The case was sent to the Main Investigation Department of the Ministry of Internal Affairs of Moscow, but then it was sent back to the Internal Affairs Directorate of the Central Administrative District, where it was still hanging, they have not yet answered our questions. But the main thing is that a criminal case has already been initiated.

- If the court found the alienation of shares illegal, then control over the company and its assets should be returned to you?

- Yes, but this does not happen automatically, separate claims are needed to restore property rights, and the case is going slowly, because, for some reason, we always lose in the first court instances. In higher instances, where there are already more qualified judges, we win, but from our point of view, the legal issues here are quite simple, the violations of the laws are obvious, so the behavior of the judges of the first instance causes us some surprise - some decisions, in our opinion, are obviously illegal ... Not referring to the complainants in general, we were forced to pay attention to the behavior of some judges - both the leadership of the Arbitration Court and the qualification collegium.

- What is happening with the production at the moment?

- Gabrelyanov tried to convince us that production would go better under his control, but everything turned out to be exactly the opposite. They lured away several of our traders who had customer base, rented a separate office, moved there, but, according to our data, did not become profitable, the company's turnover decreased significantly, a number of key markets were lost.

- Have you already contacted other media?

- We were approached by various media outlets, including large federal ones, but everyone is asking for noticeable money for their publications. But we are not doing this in principle - we are ready to discuss, we are ready to give materials, but we will not order or pay for anything.

I would also like to emphasize that our situation should not be perceived politically as attacks on progressive and patriotic leaders of OJSC News Media - there is no politics in this situation, we have always been far from this and the patriots themselves, no less than some.

- What are your next steps?

- According to the law, members of the Board of Directors of the Company, as individuals, if their decisions caused damage to the Company, are obliged to compensate the losses caused to the Company. Among those who voted illegally for the alienation of the assets of Zeomax LLC at a price almost 600 times lower than the market price Ashot Gabrelyanov, Andrey Mushkin, Valery Bagdasarov and Alexey Tarasov. Now they should be ready for billion-dollar lawsuits, and we are actually preparing these lawsuits.

Aram Gabrelyanov refused to comment on the situation with the illegal alienation of shares to The Insider, citing the fact that he had long been "out of business" and offered to call Andrei Mushkin. Andrei Mushkin first announced his readiness to comment on the situation, but since Monday (October 13) he could not send any explanations, and on Friday (October 17) he said that he would not give any comments, except that he considered “all the sounding accusations are false ”And that he has evidence of this, but he does not want to provide them and is only ready to apply to law enforcement agencies if false information comes out in the material. The Insider is ready to add a comment from the accused party to the material as soon as it deigns to provide it.

Posted by Anonymous International. Former owner of this business - Alexander Kazachenko - studied the materials of the correspondence, and found in it confirmation that with such difficulty he was able to prove in court.

The published new materials (in the part that is known to me and which concerns Gabrelyanov's zeolite business) shed new light on a number of episodes about the illegal activities of this group of persons. We also have information that this Cypriot offshore TIJ represents the interests of Gabrelyanov and we got access to the financial documents of this offshore, confirming that he is the owner of the zeolite business seized from us. At the same time, Mushkin in the courts in every possible way refused to be involved in this offshore, refused to name its real beneficiaries. Bagdasarov also claims in courts that this offshore company is not the owner of the zeolite business. However, in these letters, Mushkin confirms that Aram Gabrelyanov and his son Ashot are the owners of the Trust, which stands behind these Cypriot offshore companies.

The following figures look especially indicative: Bagdasarov, using forged documents, seized these assets from Alsiko at a price of 1.8 million rubles and immediately resold them to the Gabrelyanov offshore, but already at a price of $ 2 million. Further, in the letter, Mushkin consults with Gabrelyanov - whether to sell these assets to the company "Deco Minerals" at a price of 35 million dollars. This - if they sell it immediately, and then, later, the price will be more expensive.

Here is such profitable business it turns out: "buy" an asset at a price of 1.8 million rubles, and sell it at a price of 35 million dollars!

From this correspondence between Gabrelyanov and Mushkin it clearly and obviously follows that they finance Bagdasarov (they call him by his patronymic - Rachikovich). Mushkin writes directly that "resources are needed for the war" and that "the case is open and the skating rink has started." It is clear what kind of war resources are needed and it is clear about which open case in question- just before the date of this letter, at the request of Bagdasarov, a criminal case was initiated against Alsiko. Bagdasarov boasted in front of witnesses how he was managing the investigation. Also, in my opinion, Mushkin's phrase says that "until the passenger has landed" they will not pay money to Rachikovich and that Bagdasarov, "according to concepts, should swallow it." The fact is that some time after the date of this letter, a robbery attack was committed on me by persons of Caucasian appearance, with the aim of stealing documents compromising this entire group of persons. It has not yet been possible to prove the direct involvement of Gabrelyanov and Bagdasarov in this, but I do not believe in coincidences of this kind. In my opinion, in this letter Mushkin reports to Gabrelyanov about the work done and asks to allocate money for further illegal activities, apparently also carried out "according to concepts."

In general, our affairs have progressed, but not as far as we would like. We win a lot of courts for obvious and obvious violations of the law by our opponents, but they submit to higher courts and there many of our winning cases are canceled and the courts return to the first instance and everything goes round again.

Moreover, the series court decisions taken against us are clearly and obviously unlawful. And nothing can be done about it. The judges, without raising their eyes, make decisions in which they reject or ignore the obvious arguments, and respond to our indignation in the same way: "If you don't like it, complain!" Complaining, as we already understood, is useless, we have already reached the Supreme Court and the Chairman of the Supreme Court several times - no one, in fact, wants to understand anything, the materials are not studied, there are only replies, without explanation and analysis of the reasons adopted against us solutions.

In fact, the court lured the originals of documents from us under the pretext of an examination

For example, Bagdasarov, in one of the trials, falsely accused us of allegedly stealing Alsiko shares from him. He needed this lie to open a criminal case against us and cover up his illegal actions to seize our property. We, in support of our position, provided a large number of documents, but the court demanded that we submit all these documents in the original, promising to conduct an examination of them. After we presented all the originals to the court, the court seized them from us, but did not appoint an examination, and the decision was made against us. In fact, he lured from us the originals of the documents under the pretext of an examination, and made the decision in spite of these documents. And what is especially significant - the court does not return these documents back (says - "Complain!"), And without these originals - we cannot prove our case.

Also with criminal cases: on the false statement of Bagdasarov, who is an accomplice of Gabrelyanov, a criminal case was opened at the Department of Internal Affairs for the Central Administrative District of Moscow. At the same time, they did not hide his ordered character (they openly talked about this in front of witnesses), and when it became clear that we were not involved in this case, and Bagdasarov himself was involved in it, this case was immediately suspended, but another case was initiated. The only thing that was done was fair: when the facts of Bagdasarov's personal relations with the investigation at the Internal Affairs Directorate in the Central Administrative District of Moscow became known, the criminal case was taken from the Internal Affairs Directorate for the Central Administrative District and transferred for investigation to the Main Investigative Directorate of the Ministry of Internal Affairs in Moscow, and the investigator from the Internal Affairs Directorate in the Central Administrative District , who initiated this criminal case, was dismissed and transferred from the Internal Affairs Directorate in the Central Administrative District to the Lefortovskoye department of the South-Eastern Administrative District of the Ministry of Internal Affairs in Moscow.

Investigation into the illegal actions of Gabrelyanov's people committed against us is not conducted at all, materials are constantly transferred from one unit to another and back. After numerous complaints to all instances (in particular, after two complaints to the General Prosecutor's Office and one complaint to the Presidential Administration), the Moscow Prosecutor's Office finally answered that the head of the Investigative Directorate of the Internal Affairs Directorate for the Central Administrative District of Moscow had been given a submission (like, a remark was made) for the delay in replies to our address. That is, in fact - nothing!

Probably, it is difficult for a normal person to believe this, but the main reason for our numerous refusals to initiate criminal cases against these raiders is the impossibility for the operatives of the Internal Affairs Directorate in the Central Administrative District of Moscow to find and interrogate Bagdasarov and his accomplices who participated in the seizure of our assets! This is such a difficult task for the investigation! Although Bagdasarov is not hiding from anyone, moreover, together with the operational work of the Internal Affairs Directorate in the Central Administrative District of Moscow, he himself participates in searches in the Alsiko office and directly tells them where and what to look for!

Gabrelyanov's accomplices behave extremely arrogantly - they are clearly falsifying documents, forging the signatures of the company's shareholders, forging extracts from their register of shareholders ...

At the same time, Gabrelyanov's accomplices behave extremely arrogantly. They openly and blatantly falsify documents, forge the signatures of the company's shareholders, forge extracts from their register of shareholders, forge mail notices when scheduling shareholders' meetings, and use forged company seals and letterheads. I'm not even talking about massive cases of giving false testimony in courts and in the investigation, and this is despite their signature on criminal liability for such acts. Almost all of these facts have been proven by the courts, many of which our opponents did not succeed in canceling many of them. We assume that, after all, it is expensive for them to annul all court decisions, they annul only a part of the courts, selectively. According to some high-ranking lawyers, these kinds of blatantly wrongful court decisions, and even at a high level, which are handed down against us, cost hundreds of thousands of dollars for each decision. Indeed, after all, these decisions are openly signed by judges who, “In the name of Russian Federation»Publicly perverts the law. This is obvious and understandable to everyone who reads these decisions, so the country knows these “heroes”.

Likewise, law enforcement agencies do not see the obvious raider seizures enterprises of "Alsiko" corpus delicti. The Internal Affairs Directorate for the Central Administrative District of Moscow simply cannot find any of the intruders, the State Investigative Directorate of the Ministry of Internal Affairs for Moscow unsubscribed that there was no objective confirmation of the criminal actions, and the Investigative Committee simply does not want to do anything - the investigator says bluntly that he is very busy with other matters and will only work if he is released from these cases.

The facts of direct pressure of Gabrelyanov's people (in particular, Bagdasarov and his representatives) on witnesses, attempts to bribe them and threats in order to obtain the testimony they needed were revealed

Additionally, facts of direct pressure of Gabrelyanov's people (in particular, Bagdasarov and his representatives) on witnesses, attempts to bribe them and threats in order to obtain the testimony they needed were revealed. Recently, with the participation of Baghdasarov and some law enforcement officers, more forged corporate documents were fabricated and thrown into the trial. We hope that the court will nevertheless appoint an expert examination based on these documents, and we also hope that it will be objective and will catch them in the next falsifications.

And here is a real-life example. In 2012, a subsidiary of the ALSIKO Industrial Group, OOO TSEOMAX, by illegal alienation of 100% of its shares loses two of its industrial enterprises in the Oryol region engaged in the extraction and processing of zeolites - OJSC Melor and OJSC Promzeolite. According to experts, the total market value of enterprises at that time was more than one billion rubles. True, the “loss” was not discovered immediately, but only a few months later, when the management of “ALSIKO” requested extracts from the official registrar and discovered that the business no longer belonged to them. Even more interesting details emerged during the trial. It turned out that former employees of the company and business partners, including the famous media mogul Aram Gabrelyanov, are behind the “mysterious disappearance” of assets.

“In 2009, the Cypriot company TiG Mineral Risosiz Kampeni Ltd, whose interests in Russia are represented by Aram Gabrelyanov's son, Ashot Gabrelyanov, and an employee of his media holding, Andrei Mushkin, bought a 49% stake in CEOMAX. But, apparently, this was not enough for them - they wanted to become full-fledged owners of the entire business, therefore, after some time, Aram Gabrelyanov, on behalf of TIG Minerel Risosiz Kampeni Ltd., wrote to the management of ALSIKO with a proposal to give his share to him in management. promising to pay off in a few years, - says General Director of the ALSIKO Group Alexander Kazachenko.- But since there were no agreements with him on the transfer of our share of assets and he did not give us any specific guarantees, we refused him. And soon we learned that both industrial enterprises of "TSEOMAX" no longer belong to us. "

As the court later established, the company's shares were sold to the former ALSIKO shareholder Valery Bagdasarov and his daughter Sabina Danielyan using forged documents and bypassing the procedures established by law for a ridiculous amount of 1.8 million rubles. which is almost 550 times lower than the real market value. But here's what is interesting: the documents on the alienation of assets were signed by Ashot Gabrelyanov and Andrey Mushkin. Further events developed as follows: after a while, the Bagdasarov family resold the shares that they had so inexpensively got to that very Cypriot offshore, but already for $ 2 million. And its representatives, almost immediately gaining control over OJSC "Melor" and OJSC "Promzeolit", tried to resell these enterprises at their present value for 35 million dollars. This often happens with raider schemes. However, the court, which imposed a ban on further resale of the assets of the seized companies, prevented the new owners of the offshore business from implementing their plans. It also became known that the same group of persons participated in the seizure of other property of "ALSIKO".

Sticks in wheels

The management of ALSIKO, of course, began to seek the return of the enterprises through the courts. But it turned out to be not so easy to do it.

“Our opponents, apparently implementing the well-known raider tactics, wrote statements on ALSIKO to law enforcement agencies, including the Ministry of Internal Affairs, the Investigative Committee and even the FSB,” continues Alexander Kazachenko. - They spoke openly about their high patrons. But after all the checks, it turned out that the statements were false. They also tried to mislead the courts. Nevertheless, we managed to prove our case. The courts, including the Supreme Court of the Russian Federation, declared the transactions on the disposal of shares invalid, they directly indicated that the documents were fake. They also confirmed the damage caused by the actions of the invaders to enterprises - about 500 million rubles. But so far we have not managed to return the seized assets back. "

As it turned out, the recognition of the illegality of the disposal of shares does not automatically mean the return of control over the companies to their rightful owners. To restore property rights, it is necessary to reclaim property from someone else's illegal possession. And these are already separate claims.

“Now we are dealing with them, but they continue to put sticks in our wheels. So, in relation to our enterprise, "TSEOMAX" was retroactively fabricated, we believe, a fake debt to third parties in the amount of more than 300 million rubles, - assures Alexander Kazachenko. - At the same time, our opponents, without our participation, although we are the owners of a controlling stake, held a meeting of the founders of "TSEOMAX" and moved the registration of the company from Moscow to Oryol. Apparently, there they expect to find support in the person of former government officials and to influence the outcome of the process. In addition, in Moscow courts they are already known as raiders - this is directly indicated by court decisions. But we hope for the triumph of justice. "

All these actions, we are confident in "ALSIKO", are carried out with one goal - to cause damage and bankrupt "TSEOMAX". There will be no him, there will be nowhere to return the stolen enterprises. In the meantime, representatives of the injured party are "drowning" in the courts, the illegally alienated enterprises continue to work for the new owners, albeit not so successfully.

“For the first two years, according to our information, things were not going well for them. At first, in order to ensure uninterrupted shipment of goods, they lured several traders from ALSIKO, but still lost some key markets and a number of partners, ”says Alexander Kazachenko.

To see how your business is being “killed”, the interlocutor admits, it was hard. There is a unique zeolite deposit in the Khotynetsky district of the Oryol region. But to master it, it took a lot of effort, money and time. Everything had to start from scratch: they were exploring the deposit, equipping it, then building a plant - all this in an open field. And only a few years later the first products appeared. Every year the production volumes grew, the enterprises developed.

But it turned out that if someone likes your business, it will be taken away at any time. And this is in the XXI century! We have a stable country in which you can and should plan your future, develop your business, believing that a person with high patrons will never come and take what he likes with impunity. After all, this causes great harm, first of all, to the business climate in Russia.

As It became known to The Insider, General Director of the "News Media" publishing house Aram Gabrelyanov, his son Ashot, as well as a number of his partners were involved in the case of the illegal alienation of shares in a mining company with a market value of more than a billion rubles. The Arbitration Court has already recognized the fact of "illegal alienation of shares" and now investigators are working on a criminal case, in which the participants may face a criminal sentence.
The plot of this story is very simple. In 2009, the Gabrelyanovs' TIG Mineral Resources Company Ltd, registered in Cyprus, bought a 49% stake in Zeomax LLC, an enterprise that is engaged in the extraction of zeolites in the Oryol region. The second (and main) owner of Zeomax was a Russian company, the Alsiko industrial group.
Zeomax had 2 main assets:

OJSC "Melor" is a company engaged in the extraction of minerals. The main asset is a license for the Khotynetskoye zeolite deposit, as well as a large number of various equipment (tractors, bulldozers, excavators, dump trucks, etc.). Market valuation of 100% of the company's shares as of August 2012 (OOO Appraiser) - 889.5 million rubles.
OJSC Promzeolit is a plant that processes zeolite ore mined by OJSC Melor and produces finished products from it (goods for pets, fertilizers, construction materials). The enterprise includes several production and warehouse buildings, a lot of industrial equipment and machinery. Market valuation of 100% of the company's shares as of August 2012 (OOO Appraiser) - 121.7 million rubles.

After a while, Aram Gabrelyanov, representing the Cypriot company TIG Mineral Resources Company Ltd, began to resent the fact that the company was not making a profit. He wrote several letters to representatives of the Industrial Group "Alsiko" with a proposal to either buy out his share, or, conversely, transfer the company to his management, and the shares in the ownership, for which he promised to pay off in 5 years (letter about the buyout of the share: 1, 2; share transfer letter: 1, 2, 3). He argued that he would be able to manage industrial assets much more successfully. Both of these options did not suit the Alsiko Industrial Group - there were no funds to buy out Gabrelyanov's share (and Alsiko did not undertake such obligations), and Alsiko would transfer the company into ownership and management, without any specific obligations and guarantees. ”Also found it unacceptable. Representatives of Alsiko tried to find a compromise - they offered to directly head OOO Zeomax and even give the majority in the board of directors to OOO Zeomax, but, nevertheless, not give up their share in the property. These compromises did not suit Gabrelyanov, he wanted to be the owner.
In January 2013, the management of Alsiko suddenly discovered that the shares of two industrial enterprises - OJSC Melor and OJSC Promzeolit - no longer belong to their subsidiary, LLC Zeomax. As it turned out, Gabrelyanov managed to lure over to his side two members of the board of directors of Zeomax LLC - (Valery Bagdasarov and the former general director of Zeomax Alexei Tarasov), and then crank the scheme when (according to Alsiko) using forged documents and bypassing legal procedures, the company's shares were sold 250 times below book value and 600 times below market value. Two industrial enterprises with equipment and real estate were sold for 1.8 million rubles - that kind of money cannot buy even one excavator. First, the shares were sold to Bagdasarov and his closest relatives (daughter and mother-in-law), and then resold to Gabrelyanov's company - TIG Mineral Resources Company Ltd. The documents on approval of the disposal of shares were signed (except for Bagdasarov and Tarasov) by the son of Aram Gabrelyanov - Ashot Gabrelyanov and the financial director of Aram Gabrelyanov's structures - Andrey Mushkin.
According to Alisko, at the same time the same group of persons (Tarasov, Bagdasarov and Andrey Mushkin) made a number of attempts to alienate other property of Alsiko (patents, trademarks, cash, cars) - in total, for an amount of about 120 million rubles ... Assistance in attempts to alienate trademarks from Rospatent, as follows from the revealed documents, was provided by a high-ranking official of the Presidential Administration - Anatoly Emelianenko, who, by an amazing coincidence, also turned out to be the godfather of Bagdasarov's grandson.
The cybercriminals transferred a number of assets to the Russian structure - LLC "Tseotreydresurs", which belongs to Mirzoyan Sofia Ashotovna, presumably Gabrelyanov's sister (the one to which, according to the extract from the Unified State Register of Legal Entities, Gabrelyanov's media business is registered - OJSC "News Media"). Many Alsiko employees were transferred to the same structure, including the former general director Tarasov, and its chief financial officer of Gabrelyanov's structures, the same Andrey Mushkin, who took an active part in the alienation of property from Alsiko to the Cypriot company TIG Mineral Resources Company Ltd. Thus, the entire zeolite business of Alsiko was under the control of structures associated with Gabrelyanov.
Alsiko management leads the documents confirming the preliminary conspiracy of all these defendants. On the evening of February 5, 2013, at a meeting of another structure of the Industrial Group Alsiko, LLC Alsiko-Resource, a new general director was appointed instead of Tarasov, and the next morning Alsiko got access to all the documentation and managed to partially transport it to another office. At the same time, according to Alsiko, documents were opened that unequivocally confirm the preliminary conspiracy of the above-named group of persons to seize the assets of Alsiko (preparation for which began almost six months before the events described). Two days later, on February 7, the company's office was forcibly seized by the private security company Alfa-Sigma. Video from the surveillance cameras of this seizure has been preserved and the leadership of Alsiko claims that it clearly shows that Bagdasarov and Tarasov personally supervised the seizure. Alsiko supposes that these compromising documents are the real purpose of the seizure. It is also curious that Samvel Mirzoyan was present in the seized Alsiko office (as it is believed, Gabrelyanov's nephew, the son of his sister Sofia Ashotovna Mirzoyan, who once worked for the Zhizn newspaper. In Alsiko, referring to Gabrelyanov's friends, they say that he is a former boxer , but this is doubtful, because in the show "King of the Ring" Samvel Mirzoyan suffered a crushing defeat from Nikita Dzhigurda). Samvel Mirzoyan, in a private conversation, offered the programmer of "Alsiko" Volnov V.I. connect the company's electronic payment systems (during the seizure, the company managed to block them in order to avoid theft of funds from current accounts). The programmer refused, after which the invaders began making payments, contacting banks directly. In this way, during the seizure in a few days, Tarasov withdrew from the company's accounts about 6.73 million rubles, including 5.47 million rubles. to the accounts of OJSC Melor and OJSC Promzeolit, whose shares had already been transferred to Gabrelyanov's structures by that time.
And that is not all. The company "Alsiko", of course, began to seek the return of assets through the courts. On November 1, 2013, Alsiko had an important court hearing with the Gabrelyan offshore TIG Mineral Resources Company Ltd. In preparation for the court hearing, on October 31, the director of Alsiko took home some of the documents in this case, including the originals, to present them to the court for review. When he drove up to the house and got out of the car, two unknown assailants attacked him, beat him and stole a briefcase with a laptop and documents related to this case. A criminal case was initiated on the fact of the attack under the article “robbery”, but the perpetrators have not yet been found, and some of the original documents have been lost. The connection between the attackers and Gabrelyanov has not yet been established, but Alsiko does not believe in the "accidental" nature of this event.
Nevertheless, by the decision of the Moscow Court of Appeal dated July 21, 2014, all agreements on the alienation of shares of OJSC Melor and OJSC Promzeolit from the balance sheet of LLC Zeomax to Bagdasarov and his relatives were declared invalid. The court decision came into legal force.
In addition, Alsiko has been seeking to initiate a criminal case for more than a year. However, the Internal Affairs Directorate for the Central Administrative District of Moscow repeatedly refused, citing that it could not find and interrogate the above-mentioned persons involved in the alienation of Alsiko's property (although they did not hide, it was well known where they lived and worked). But the same Department of Internal Affairs in the Central Administrative District almost immediately initiated a case against one of the subsidiaries of the Alsiko group - Alsiko-Agroprom LLC, according to the statement of the same Bagdasarov. Alsiko-Agroprom has nothing to do with the events described above, and the reason for initiating a case was the fact that more than three years ago Alsiko-Agroprom made a payment for the actually delivered chemical raw materials to the address (as later, in the process of inquiry, it turned out) one-day firms. The management of Alsiko-Agroprom LLC did not know about this nature of this company and did not check it, since the deal was carried out under the leadership of Bagdasarov himself, and this one-day firm was also offered by him.
In general, since the 90s, the tactics of raiders have been known - after the seizure of enterprises, it is necessary to initiate criminal cases against the leaders so that they cannot actively resist the invaders. Gabrelyanov's employees Mushkin and Bagdasarov wrote to Alsiko a large number of applications to the Ministry of Internal Affairs and the Investigative Committee, and they were drawn up very casually: for example, it was stated that some persons gave the Alsiko structure cash in the amount of 35,116,818.78 rubles and 4,115,207.4 (not a penny more, not a penny less - it can be seen from judicial acts!). Moreover, these amounts were transferred without any documents (receipts, etc.) in the Alsiko office on December 31, 2011, on the New Year's holiday, when the entire office center was closed and the security services confirmed the absence of any visitors at all. The Presnensky District Court and the Moscow City Court also did not find these statements convincing.
But while the representatives of Alsiko are “drowning” in the courts, interrogations and searches, the illegally alienated enterprises continue to work for the new owners, although not as successfully as Gabrelyanov expected - the revenue at the enterprises has decreased significantly.
In the end, Alsiko managed to achieve that a criminal case on the theft of shares was nevertheless initiated, but for some reason it was combined with the same case No. 530257 on Alsiko-Agroprom and is being conducted by the same Department of Internal Affairs on the CAD, not giving him any movement.
If, nevertheless, the criminal case is brought to court, then it will no longer be just about the illegal alienation of shares (which has already been proven), but about raiding and the participants may face real terms.
The Insider spoke about some of the details of this case with the representative of the injured party - the director of Alsiko, Oleksandr Kazachenko.
- Alexander, initially the conflict with Gabrelyanov arose due to the fact that he was dissatisfied with the lack of profit. And why, in fact, there was no profit?
- We found it out later, an independent audit showed that money was withdrawn from the company through transactions with one-day companies. This was done by the operational management of the company in the person of Aleksey Tarasov, we only learned about this when we got access to the accounting department. I think Gabrelyanov did not know anything about these schemes, although his employee, Mushkin Andrey, partially participated in these schemes, we have documents about this. In addition, Gabrelyanov was dissatisfied with the fact that the project was not developing fast enough, although we tried to convince him that it was still industrial production, it was not the same as publishing a newspaper: he printed it today, sold it tomorrow, and the money returned. It's still a plant, it has a certain payback period, amortization. But his current growth rate was not satisfied.
- When did you realize that Gabrelyanov went to an open conflict only after you discovered that you had already lost your shares?
- There was no conflict as such, we just realized it only after a few months when we asked the registrar for an extract that our company was no longer the owner of the business, and before that everything was going as usual.
- What was the role of Gabrelyanov Jr.?
- From the very beginning Ashot Gabrelyanov was the Chairman of the Board of Directors of Zeomax LLC, and it was with him and with Andrey Mushkin that we conducted most of the negotiations when their company TIG Mineral Resources Company Ltd entered the business. He approved business plans, budgets and other management documents, and chaired meetings. And also, in the end, it was he, along with Mushkin, Bagdasarov and Tarasov, who signed the illegal documents, according to which the alienation of shares from OOO Zeomax was approved. It is difficult for me personally to imagine that Ashot Gabrelyanov and Andrey Mushkin could do anything serious in this business without the knowledge and sanction of Aram Ashotovich.
- And after the transfer of shares, the business began to belong to Gabrelyanov Sr.?
- The shares of these two industrial enterprises were transferred to a Cypriot company - TIG Mineral Resources Company Ltd. Namely, from this company Aram Ashotovich conducted a dialogue with us when he bought a share in the business. Also, we have documents confirming that representatives of this company in Russia with the rights of shareholders are Ashot Gabrelyanov and Andrey Mushkin.
Some of the other assets of Alsiko were transferred to the Russian LLC Tseotreydresurs, which, according to the extract from the Unified State Register of Legal Entities, is owned by Sofia Ashotovna Mirzoyan, who, as we assume, is Gabrelyanov's sister. She also owns, according to the extract, 99% of the shares of OJSC News Media (Aram Ashotovich himself, being the CEO, has 1% of the shares) and other media structures of Gabrelyanov. That is, this is such a basic figure in Gabrelyanov's business, the holder of his assets.
It was for this company, "Tseotreydresurs", that Mushkin, Bagdasarov and Tarasov made three attempts to steal all trademarks of "Alsiko", about 82 signs. The attempts failed only due to the vigilance of Rospatent. Other assets of Alsiko were transferred to this company, as well as a number of Alsiko employees, mainly sales divisions, were hired to this company in order to continue the same business.
However, it is possible that the stolen shares have already been resold (as often happens in case of raider schemes). In any case, on Thursday, October 16, four more people (one of a marginal appearance, resembling a homeless person) showed up for the next trial along with Gabrelyanov's lawyers, who stated that they were the owners of the shares alienated from Zeomax.
- Bagdasarov was your partner in Alsiko. How did he react after the theft of shares was revealed?
- He ceased to be a partner long before these events, more than five years ago he sold his shares, remaining just a hired manager. But, being an employee of the company, he had the opportunity to know everything from the inside and be well prepared. And after these events, he simply ran away abruptly, stopped coming to the office, to work, even threw small personal things in his office - books, souvenirs, notebooks. A few days later, with the help of mutual acquaintances, he was able to call and invite him to a meeting to explain the situation, but, unfortunately, he ran away again and was apparently afraid to appear, since he had nothing to say in his own defense. The registrar also resigned, who, in violation of the law, formalized the alienation of shares. And Mushkin, Gabrelyanov's employee, appears at monthly meetings, but behaves very unconstructively. For example, at some meetings he declares “That I am not me, but just look like my passport photo and cannot confirm my authority”. And this is despite the fact that Mushkin knows me well and is shown to him the entire volume of necessary documents for confirmation. Mushkin himself no longer shows any of his documents.
- Why was the Central Administrative Department so reluctant to take your application?
- They took the statement normally, it was just that they could not initiate a criminal case for about a year. We were denied four times and did not help with complaints to the Central Administrative District prosecutor's office, nor to the Moscow prosecutor's office, nor deputy inquiries, nor complaints to the security service, nor complaints to the reception room of the Ministry of Internal Affairs - the Internal Affairs Directorate for the Central Administrative District still refused, citing the fact that they could not find for questioning Bagdasarov and his relatives who participated in the transfer of shares. They weren't hiding though. Baghdasarov himself, in front of witnesses, said, literally literally, the following: "I have enlisted the support of influential people and I am conducting the investigation in the Central Administrative District in a controlled manner." We are ready to confirm this statement in court. Then, when we succeeded in transferring the case to the Moscow Department for Economic Security, Bagdasarov and Mushkin were quickly “found” and interrogated. The case was sent to the Main Investigation Department of the Ministry of Internal Affairs of Moscow, but then it was sent back to the Internal Affairs Directorate of the Central Administrative District, where it was still hanging, they have not yet answered our questions. But the main thing is that a criminal case has already been initiated.
- If the court found the alienation of shares illegal, then control over the company and its assets should be returned to you?
- Yes, but this does not happen automatically, separate claims are needed to restore property rights, and the case is going slowly, because, for some reason, we always lose in the first court instances. In higher instances, where there are already more qualified judges, we win, but from our point of view, the legal issues here are quite simple, the violations of the laws are obvious, so the behavior of the judges of the first instance causes us some surprise - some decisions, in our opinion, are obviously illegal ... Not referring to the complainants in general, we were forced to pay attention to the behavior of some judges - both the leadership of the Arbitration Court and the qualification collegium.
- What is happening with the production at the moment?
- Gabrelyanov tried to convince us that production would go better under his control, but everything turned out to be exactly the opposite. They lured away several of our traders, who had a client base, rented a separate office, moved there, but, according to our data, they did not become profitable, the company's turnover dropped significantly, and a number of key markets were lost.
- Have you already contacted other media?
- We were approached by various media outlets, including large federal ones, but everyone is asking for noticeable money for their publications. But we are not doing this in principle - we are ready to discuss, we are ready to give materials, but we will not order or pay for anything.
I would also like to emphasize that our situation should not be perceived politically as attacks on progressive and patriotic leaders of OJSC News Media - there is no politics in this situation, we have always been far from this and the patriots themselves, no less than some.
- What are your next steps?
- According to the law, members of the Board of Directors of the Company, as individuals, if their decisions caused damage to the Company, are obliged to compensate the losses caused to the Company. Among those who voted illegally for the alienation of the assets of Zeomax LLC at a price almost 600 times lower than the market price Ashot Gabrelyanov, Andrey Mushkin, Valery Bagdasarov and Alexey Tarasov. Now they should be ready for billion-dollar lawsuits, and we are actually preparing these lawsuits.
Aram Gabrelyanov refused to comment on the situation with the illegal alienation of shares to The Insider, citing the fact that he had long been "out of business" and offered to call Andrei Mushkin. Andrei Mushkin first announced his readiness to comment on the situation, but since Monday (October 13) he could not send any explanations, and on Friday (October 17) he said that he would not give any comments, except that he considered “all the sounding accusations are false ”And that he has evidence of this, but he does not want to provide them and is only ready to apply to law enforcement agencies if false information comes out in the material. The Insider is ready to add a comment from the accused party to the material as soon as it deigns to provide it.

The general director of the publishing house News Media Aram Gabrelyanov, his son Ashot, as well as a number of his partners were involved in the case of the illegal alienation of shares in a mining company with a market value of more than a billion rubles. The Arbitration Court has already recognized the fact of "illegal alienation of shares" and now investigators are working on a criminal case, in which the participants may face a criminal sentence.

In 2009, the Gabrelyanovs' TIG Mineral Resources Company Ltd, registered in Cyprus, bought a 49% stake in Zeomax LLC, an enterprise that is engaged in the extraction of zeolites in the Oryol region. The second (and main) owner of "Zeomax" was a Russian company - the industrial group "Alsiko", reports The Insider.

In January 2013, the management of Alsiko suddenly discovered that the shares of two industrial enterprises - OJSC Melor and OJSC Promzeolit - no longer belong to their subsidiary, LLC Zeomax. As it turned out, Gabrelyanov managed to lure over to his side two members of the board of directors of LLC "Zeomax" - (Valery Bagdasarov and the former general director of "Zeomax" Alexei Tarasov), and then crank the scheme when (as Alsiko claims) using forged documents and bypassing legal procedures, the company's shares were sold 250 times below book value and 600 times below market value.

The Alsiko company began to seek the return of assets through the courts. Solution Of the Moscow Court of Appeal dated July 21, 2014, all agreements on the disposal of shares of OJSC Melor and OJSC Promzeolit from the balance sheet of LLC Zeomax to Bagdasarov and his relatives were declared invalid. The court decision came into legal force.

In the end, Alsiko managed to achieve that a criminal case on the embezzlement of shares was nevertheless initiated. But the same ATC is leading him in the Central Administrative District, not giving him any movement.