Polonsky refused to admit guilt in the theft of money from co-investors

Presnensky court of capital on Thursday, 8 December, has begun consideration of criminal case of the businessman Polonsky. He is accused of withdrawing funds from the construction of the residential complex “Kutuzovskaya mile”.

On a dock besides him there are two more accused — the former head of the financial Department of the Corporation Alexander Paperno and former CEO of companies, involved in the functions of the technical customer “Mirax-feely” and a co-investor, “AVANTA” is included into structure of “Mirax Group”, Alex Pronyakin.

Prisoner rations

Hearings on the high-profile case began in the second attempt. At the first meeting of November 28, Polonsky and his lawyers challenged the Prosecutor Boris Loktionov. The discussion of procedural points was delayed until the evening, as a result, the court never proceeded to trial on the merits and postpone the beginning of the process for a week.

On Thursday before the meeting Polonsky, standing in a cage for the defendants, told journalists about the problems of prisoners in the jail. In relation to prisoners is not complied with medical standards of healthy people carry in a paddy wagon along with tuberculosis patients, take the Public monitoring Commission of former workers in detention centres (in October the composition of the PMC in Moscow is the former head of the Butyrka SIZO in the prison Dmitry br), as well as reduce the cost of a day of detention a third — from 80 rubles to 50 rubles a day per person, said the accused.

But when the hall came the judge Evgeny Naidenov, Polonsky assured him that “configured” and asked to conduct daily hearings with a duration of six hours a day. The accused also said a few brief motions, asked for a date with his wife and be allowed to conduct interviews with journalists in a detention center. After that the Prosecutor Loktionov went to the announcement of the plot charges.

Elite dodestroy

According to the investigators, Polonsky stole 2.4 bln from co-investors of residential complex “Kutuzovskaya mile”, the construction of which led his company is accused of “Mirax Group”. According to the prosecution, the structure of the Polonsky — the company “AVANTA” and “Concordia — Esset management” had no right to conclude a preliminary contract of sale with the shareholders “Kutuzovsky mile”. All contracts should have been signed only by the company’s customers — JSC “CFSR”.

As pointed out by the prosecution, upon receipt of the funds from the buyers (2.4 billion RUB), Polonsky brought at least 1.5 billion rubles under the loan agreements and sent to the construction of other objects. Including the construction of the “Federation Tower”, it follows from the indictment.

Construction was halted in late 2009. At this point in the residential construction of commercial buildings 2АБВ and 18 and housings 13 and 14, which were to be handed over to the city for the resettlement of residents.

In the case of victims found 103 people who bought apartments in the building 18. At the time of stoppage of construction in November 2009, this house was built five stories. Case 2АБВ was almost ready, and the housing 13, and 14 completed 70%, told the lawyer of Polonsky Slavik Broan. In the end, the case 2АБС was commissioned in late 2012, and the housings 13 and 14 — at the end of 2013, another Contracting company LLC “Salpa”.

Polonsky also charged with the second episode — the embezzlement of equity holders of residential complex “Rublevsky Riviera”, whose construction has not begun. In this episode the victim recognized another 12 people.

Actions Polonsky consequence qualifies under part 4 of article 159 of the Criminal code (fraud in especially large size).

Broken the contract

The court Polonsky stated that he is not guilty. The same position was taken and the other defendants Paperno and Pronyakin.

As previously told the lawyer of the businessman Slavik Broan, the investors ‘ money was really transferred from one object to another under the loan agreements, but never went beyond the limits of the Corporation. Moreover, the funds — more than 1.2 billion rubles was returned to the construction site.

Stop the construction of “Kutuzovsky mile”, according to the defense, occurred through the fault of the customer — JSC “FTSSR”, which broke the investment agreement unilaterally in November 2009. And then the company itself have sold the remaining apartments in the building and 2АБВ of the apartments in social housings 13 and 14. The official reason for the termination of the investment contract was a violation of the payment schedules. That is the position of the representatives of the “FTSSR” announced in the arbitration court of Moscow, where the structure of the Polonsky — ZAO “Mirax-Fili” and “AVANTA” has filed a lawsuit in late 2010 with a request to recognize the illegal unilateral termination of the investment agreement.

The litigation lasted almost two years, for which the courts several times took the opposite decision in favor of Polonsky, in favor of “CFSR”. But in August 2012, the Ninth arbitration appeal court has put an end to this matter, denying the “Mirax group” in all requirements.” The court came to the conclusion that the company violated the diagram of financing of the object.

Now the lawyer Polonsky Broan claims that in court, the representatives of JSC “CFSR” submit false payment schedules, and also concealed the fact that the construction of the first phase was supposed to end in 2012, not 2010, as it followed from the original documents.

Counsel points out that the new terms were spelled out in Supplementary agreement No. 6 to the agreement. The court was also presented fake a supplementary agreement, which was cleaned this item.

The construction of the housing 18 and was resumed only in the spring of 2016 — after in September 2015, the Moscow Arbitration court approved a settlement agreement between the “AVANTA” and “FTSSR”. New litigation the company “AVANTA” began in February 2013, filing a claim to the “FTSSR” by 3.8 billion rubles., which firm was required to recover from the defendant as received as unjustified enrichment (case number A40-11869/13).

In this settlement “AVANTA” renounced its claims in exchange for obligations “FTSSR” to finish the housing 18 and to give the apartment real estate investors who bought a house there.