Business of the Kuzbass billionaire Shchukin Alexander and it once the authorized representative Franck Timur continues to develop. Despite dishonesty proofs, the same judge makes different decisions on two similar claims. In one dishonesty Franck Timur, another claim, challenging guarantee Franck Timur on 1 billion rubles is recorded, is rejected. As business develops, the correspondent online magazine about Siberia "Sib.fm" watches.
Recently in mass media the history of trial of the billionaire Shchukin Alexander and his legal partner Franck Timur in whom the businessman trusted a minute of time difficult for it already thundered. The lawyer who is perfectly knowing all Russian laws, and also possessing communications in a business area Kemerovo region, used criminal trial against Shchukin Alexander on a high-profile case about extortion of stocks Section "Inskoy" and transferred assets of the businessman to itself. The scheme looks quite simply: bankruptcy large power holdings "ITEK" constructed on "technical", that is artificial debts, allowed Franck Timur to copy assets holdings — more than 2 billion rubles! — in the property.
of 1 billion rubles — the impecunious bill, the given-out company ITEK in the person Franck Timur and appeared "the Region Siberia To" — to lawyers Shchukin Alexander already it was succeeded to challenge from company, court in Tomsk recognized recently dishonesty Franck Timur (Seventh arbitration appeal court, Tomsk, No. A45-2547/2016 business).
A here for one more billion to businessman should be overcome: the same judge Nazarov on similar business made the negative decision.
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Franck Timur written explanations and in a court session specified that to it is not known about transaction existence between JSC ITEK and LLC "REGION SIBIR K" concerning transfer of bills in 1 billion rubles
As business was
Shchukin Alexander was born in 1950 in a miner's family, began career by the drifter. Shchukin Alexander late — in 36 years started being engaged in business. And in 2011 of magazine "Forbes" estimated its private means at 1,8 billion dollars.
However 2017 became very difficult for the businessman. High-profile criminal case about extortion of stocks Section "Inskoy" was brought, and Shchukin Alexander was detained together with the Kemerovo vice governors Ivanov Aleksey and Danilchenko Alexander, the head of the department of administrative bodies Kemerovo region Troitskaya Helena, the chief of regional management of committee of inquiry Kalinkin Sergei and several more suspects.
B Kemerovo the region authorities often addressed to the successful companies and to businessmen with requests to bring the problem enterprises out of crisis, and it was such case: by recognition the most Shchukin Alexander, this mine already long was unprofitable, it "blagotvoritelno" gave to payment salaries to her workers of 200 million rubles.
While there is a consequence, Shchukin Alexander is under house arrest, the businessman practically has no communication with the outside world.
there is neither phone, nor access to Internet. It his some partners in business also used br.
In particular, the lawyer Franck Timur, allegedly protecting interests of the businessman, copied assets of the businessman on himself. It is possible to think that Franck Timur was ready to implementation of "acquisition" of actions and assets of companies long before it, simply house arrest Shchukin Alexander allowed easier and to bring the matter to total plunder of assets quicker.
of JSC ITEK it was created by Shchukin Alexander in quality of "the holder of assets", did not conduct any production, financial and economic activity, and only was the owner of actions and shares in businesses belonging to it (in particular, actions and shares in LLC "Alfa", JOINT-STOCK COMPANY "BUSINESS-INVESTITSII"). "ITEK" operates these assets a way of vote in the "affiliated" and "grand" companies. The head of JSC ITEK Shchukin Alexander appointed the lawyer entrusted at that time — Franck Timur.
of 500 million rubles — authorized capital "The investment fuel and energy company"
Franck Timur — the known and skilled lawyer in the field of bankruptcies, the former competitive managing director. And here some examples of its communications and acquaintances which speak about scales of "networks" which it stretched round property Shchukin Alexander. Franck Timur is the chairman of the board of REGIONAL NON-GOVERNMENTAL ORGANIZATION "FINANCIAL AND INDUSTRIAL COMMUNITY KO". To Franck Timur this position was held by Barabash Andrey, in addition, shareholder who was the basic Closed joint-stock company "Chernigovsky oil refinery" concerning which procedure of competitive productions now comes to the end.
of this of companies to JSC ITEK in the person of the director general Franck Timur are given out on December 31, 2014 by guarantee on 1 billion rubles for certain LLC "Trading house "Sibenergougolsnab" which co-owner was the above-named Barabash Andrey.
After Closed joint-stock company "Chernigovsky oil refinery" collects through court this billion rubles, but not from the debtor "Sibenergougolsnab", and from the guarantor — JSC ITEK as the guide of the last in the person Franck Timur and was not going to pay a debt for "Sibenergougolsnab" who has gone bankrupt right after the conclusion of contracts of guarantee. Its elimination was complete by 2016.
In July, 2016 Franck Timur, being director general JSC ITEK charged for the bankrupt, redeems on itself personally milliard debt of all for one million.
I becomes the main creditor of JSC ITEK in its procedure of bankruptcies.
Certainly, Shchukin Alexander tries to challenge suddenly appeared debt of companies "ITEK" before it director general Franck Timur but while the first instance and the appeal by recognition of guarantees before Closed joint-stock company "Chernigovsky oil refinery" it was refused. Cassation hearing will take place to Tyumen.
Chronology of deception
Franck Timur — not the first who gained the confidence of the businessman Shchukin Alexander, and began to deal doubly subsequently concerning it. So, some years the partner Shchukin Alexander on business was Rostovtsev Ruslan with whom they together developed Taldynskoye-Kurgayskoye and Taldynskoye-Yuzhnoye mine offices. Through any time Rostovtsev Ruslan decided that all business belongs only to it and entered in the territory of voyska mines. Shchukin Alexander was not then under house arrest and achieved as interim measures of arrest of assets Rostovtsev Ruslan in court in Cyprus.
byit is not excluded that bankruptcy JSC ITEK was planned by Franck Timur in 2014. Then, after creation of companies "ITEK", it convinced the businessman "for the purpose of effective legal protection of assets" formally to issue all actions on the name, assuring that Shchukin Alexander still will actually operate actions, and it () all the actions will personally coordinate previously Franck Timur, getting his approval.
byas a result of an enterprise action with milliard assets were "redeemed" at Shchukin Alexander "for three kopeks".
However on request of the spouse Shchukin Alexander the transaction on "sale" of actions from Shchukin Alexander to Franck Timur was recognized by court invalid, and the businessman returned 99% of actions of JSC ITEK to the lawful order. Only right after this "ITEK" with multi-billion assets turned into the bankrupt company, and almost all property of "ITEK" sold out (and in favor of personally Franck Timur), and the main creditor of companies is personally the same Franck Timur.
2015 Franck Timur on behalf of JSC ITEK issued toB bills in favor of companies "GUST-finance" for the sum about 60 million rubles. Bills were not paid, did not make economic sense except how to become the basis for initiation of procedure of bankruptcy JSC ITEK because then they were at the initiator of bankruptcies — LLC "Prestizh". So, with the requirement to JSC ITEK about payment of bills LLC "Prestizh" (Mitrofanov Eugenie was his head, familiar Franck Timur) addressed as "GUST-finance" specified to "debtor" to pay on bills LLC "Prestizh".
it is interesting tothat Company "Prestizh" was created on February 15, 2016, but by fall, without having property, office and the personnel, "ITEK" got bills and began to bankrupt it.
So the purpose of creation of Company "Prestizh", most likely, consisted in start of process of bankruptcies "ITEK".
One more the bill, already on 1 billion rubles, Franck Timur on behalf of JSC ITEK gave out on January 19, 2016 to affiliated JSC IFC Power (general director which — Franck Timur, certainly), and "Power" LLC "REGION SIBIR K" sold to IFC it everything for 2 million rubles. Thus approvals Shchukin Alexander neither on this, nor according to all above described transactions were not received, Shchukin Alexander learned about them, already being under house arrest.
That is remarkable, in two months prior to delivery of JSC ITEK of the specified bills on 1 billion rubles Franck Timur participated in judicial proceedings in which court decided that Franck Timur has to return 99% of actions of JSC ITEK back Shchukin Alexander.
the Lawyer could not but understand that works illegally, giving out from the belonging Shchukin Alexander companies secretly from it bill
Thus, in the register of requirements of creditors JSC ITEK. Companies LLC "Prestizh" and LLC "REGION SIBIR K" with artificially created requirements to JSC ITEK in the general size about 1,2 billion rubles and personally Franck Timur with the requirement of nearly 1,2 billion rubles. For this asset Shchukin Alexander combats.
Shchukin Alexander worked at Kapitalnaya-2, Yubileynaya and Esaulskaya mines
Franck Timur and his team
Studying of an environment and acquaintances Franck Timur shows that its communications are much more extensive, than is presented in current affairs, and it is possible to assume only to whom they can take.
For example, here some more, so to speak, "timurites". Franck Timur heads the parachute team "Full Wolves" where arbitration operating "ITEK" Alexander Borisovich Furman, and Barabash Andrey enters also.
According to information from mass media, Franck Timur participated in "enterprise schemes" first deputy governor Kemerovo region Makin Maxime on a conclusion of financial means in offshore zones.
Franck Timur from 2003 to 2014 also was to the arbitration managing directors consisting at first in ASSOCIATION SELF-REGULATORY ORGANIZATION OF INSOLVENCY OFFICERS "MERKURY", then in KM Association SRO HEY "Unity", and then in NPS SOPAU NPS SOPAU"ALLIANZ UPRAVLYAYUSHCHIKH".
And the partner Franck Timur Povoroznyuk Yvan also is the arbitration managing director in UNIONAUTONOMOUS INSTITUTION "SELF-REGULATORY BODY SS"".
C to them as with director general Franck Timur activity controls JOINT-STOCK COMPANY "BUSINESS-INVESTITSII" which in Arbitration court of Kemerovo region applies more than for 1,5 billion rubles in disputes about JOINT-STOCK COMPANY "SHTK"" and JOINT-STOCK COMPANY "SHTYU"". In parallel Povoroznyuk Yvan is the respondent in claim about losses from Shchukina Ye. I., No. A27-16730/2017 business) for the sum of 71 million rubles.
One more acquaintance Franck Timur Kamenev Oleg since 2005 is the arbitration managing director of NPS SOPAU NPS SOPAU"ALLIANZ UPRAVLYAYUSHCHIKH". Kamenev Oleg bankrupts LLC "KALTANSKOYE" — a hothouse complex, rights of the requirement to which "granddaughter" of JSC ITEK, under the direction of Franck Timur, redeemed for 500 million rubles. And in October, 2017 "Kaltansky's" property was redeemed in bankruptcy procedure for 151 million rubles companies "Agro Elit-Invest", Closed joint-stock company "Chernigovsky oil refinery", Ministry of Railways of SSK, JSC Stroitelnaya JSC INSURANCE COMPANY "YUKS".
On combination of circumstances the founder of companies "Agro Elit-Invest" is Povoroznyuk Nicholas, the son of the colleague on "management of assets" Povoroznyuk Yvan. In bankruptcy procedure "Yuzhkuzbasstroy", in particular at a stage of sale of assets, participated and personally Franck Timur, and LLC "FORMA-N" (general director Alexander Borisovich Furman), and LLC "Prestizh".
I one more interesting fact: the wife Franck Timur — Franck Olga — from 2008 to 2015 was the judge of Arbitration court of Kemerovo region.
the New round of fight
Certainly, Shchukin Alexander fights for the assets. And to win billion as it was mentioned above, it was possible: on bill "the Region — Siberia" court made the decision to satisfy claim the businessman.
First, the bill holder was the person affiliated to the drawer as the head of JSC ITEK and LLC "IFC "ENERGO" was one person — Franck Timur. The disputable bill was transferred to "IFC "Power"", further "on a chain", companies "the Region Siberia To" for lack of any economic feasibility. As a result of transaction debt "ITEK" a month before bankruptcies grew almost by 200 times, thus in case papers there are no proofs to that the conclusion of transactions for the large sum was preceded by any real negotiation process.
of the Conclusion of lawyers, audit reports, approval of the transaction, proofs of real meetings of heads is not present. Anything is not present, except a debt.
Secondly, all transactions are made in one day and LLC "REGION SIBIR K", JSC ITEK and LLC "IFC "ENERGO"" are not reflected in documents of primary accounting. Thus at the time of commission of these transactions with bills already there was a solution which has come into force of vessels that Franck Timur was shareholder JSC ITEK only temporary and formally.
on August 11, 2016 Arbitration court of Novosibirsk region declared "ITEK" bankrupt and appointed the competitive managing director — Alexander Borisovich Furman, the member of "The self-regulating organization "Northern Capital""
after the statement Shchukin Alexander about falsification of proofs.
the Court accepted arguments of the claimant, including that the transaction about issue of bills JSC ITEK to the bill holder LLC "IFC "ENERGO" was made between affiliates.
the Court appeal instance qualified the transaction of purchase and sale of ill-fated bills as insignificant, made for the purpose of creation of artificial creditor debts.
did not understand schemes
I here paradox. The same Seventh arbitration appeal court Tomsk and the same structure of judges (already No. A45-6680/2017 business) Shchukin Alexander, the issued Franck Timur on themselves made other decision on the second billion.
It is remarkable that business lasted slightly more long, and initially it was considered by other arbitrators, but on the eighth of November 2017 structure of judges was changed.
It is trial apropos guarantees on 1 billion rubles which gave JSC ITEK in the person Franck Timur Closed joint-stock company "Chernigovsky oil refinery" for a seven-year debt of JSC TD Sibiryenergougolsnab, and concerning repayment by Franck Timur as "the simple citizen" milliard debts for 1 million rubles.
the feeling Developsthat arbitrators simply got confused in artful designs of communications and actions Franck Timur. Let's watch for further events and to hope that justice will triumph.