Mukhtar Ablyazov and Stephan Roh
BuzzFeedNews wrote a perfect piece about relations of
fugitive oligarch and politician c and the highly secretive figure of Mueller
dossier, Joseph Mifsud and especially his lawyer, Mr. Stephan Roh.
The whole piece is worth reading although we re-publish only
one part of it. Refer to the BuzzFeedNews for a full article. Our intention is
to show the deep penetration of offshore companies and dubious money that
circulate in them. It comes as far as maybe the house you are living in may be
financed with the money some guy stole from Kazakhstan!
Ablyazov has spent the decade in which Mifsud and Roh have
known each other trying to stay one step ahead of BTA Bank. In 2009, Ablyazov,
then the bank’s chair, fled Kazakhstan for the UK, where he was granted
political asylum.
After Ablyazov fled, an audit allegedly found a
multibillion-dollar “massive hole” in the bank’s books, and BTA, one of
Kazakhstan’s largest lenders at the time, was nationalized and declared
insolvent. BTA subsequently commenced legal proceedings against Ablyazov, accusing
him of “fraud on an epic scale.” Ablyazov, BTA claimed, had used a web of shell
companies and associates to siphon some $10 billion from the lender before
fleeing to the UK, where the bank successfully applied for an injunction to
freeze his assets.
In 2012 Ablyazov was found guilty of contempt for lying
about the scale of his fortune and concealing assets that he should have
declared under the freezing order. He was sentenced to 22 months in prison —
but fled to France, via coach from a bus station in central London.
In 2013, Ablyazov was arrested near Cannes in southeast
France on the back of an extradition request from Russia, where he was accused
of embezzlement related to BTA’s activities in the country. The extravagant
operation to arrest him involved following a close friend from London to villas
in the French Riviera and deploying a SWAT team, a helicopter, and armored
vehicles once there. The Russian extradition request was initially approved but
it was overturned by France’s highest administrative court in December 2016 on
the grounds that it had been made for political reasons.
Meanwhile, proceedings against Ablyazov continued in the UK.
In all, BTA has brought 11 civil cases against its former chair, securing about
$4.5 billion in judgments, and is in the process of seeking to enforce them.
The presiding judge, Nigel Teare, ruled in 2013 that the fugitive
oligarch had defrauded BTA, saying that the evidence showed he had participated
in a “dishonest scheme” to “misappropriate monies.”
Ablyazov did not directly respond to a request for comment.
A family member told BuzzFeed News that he “was not allowed to participate in
his defense and had no possibility to prove his innocence.” A former adviser to
Ablyazov described him as one of a number of “victims of the persecution of the
[Kazakhstan] regime.”
Among the assets Ablyazov concealed was his ownership of an
entity registered in the Marshall Islands called FM Company, Justice Teare
stated in his 2012 contempt judgment.
Documents later attached to the freezing order reveal that
in 2006 FM Company transferred $15 million to a Dubai-based entity belonging to
a Hong Kong–based company, R&B Investment Group. The identity of the sole
shareholder of R&B Investment Group is Stephan Roh.
Roh did not deny being the owner of R&B but said the
entity had no relation with FM Company or Ablyazov. “15M were never received,”
he said in an email.
Back in October 2010, investigators hired by BTA tailed
Ablyazov’s brother-in-law to a storage facility in north London. Four months
later the bank won a court order to search a specific storage unit at the
facility.
In it, investigators found 25 boxes of documents and hard
drives that according to BTA raised the curtain on the scale of Ablyazov’s vast
offshore network, including evidence listing hundreds of interconnected
offshore shell companies, which were later added to the freezing order.
A separate cache of documents, including legal agreements,
correspondence, and organizational structures, reviewed by BuzzFeed News, link
Roh to at least 25 of those firms, which were mostly registered in the
well-known offshore financial havens of the British Virgin Islands and the
Marshall Islands.
In August 2019, a Panamanian law firm sent 10 letters to Roh
to let him know that it was resigning as a registered agent from 10 companies.
Dalgast Finance Limited, which is listed in Ablyazov’s freezing order, was one
of those 10 companies.
Roh’s law firm is also one of dozens of companies warned in
the freezing order that it would be contempt of court to knowingly assist in
breaching the injunction. There is no suggestion that Roh or his law firm have
done so.
The 25 firms Roh controlled were added to the freezing order
on July 31, 2013, while his law firm was added in January 2014.
Roh told BuzzFeed News in a written statement that the
entities were inactive shelf companies without assets or clients and had never
been used. He said that they had been accidentally added to the freezing order
and had been “unfrozen quickly.” “None [are] related to Ablyazov,” he said. Roh
claimed that RoH Attorneys at Law had been removed from the freezing order too.
But BuzzFeed News confirmed as of last week that 24 of the
25 companies, as well as Roh’s law firm, were still listed on the freezing
order. Roh was presented with this fact and asked whether he was conflating a
separate receivership order, from which all the 25 companies were removed in
2017, four years after being added to the order. Roh responded by repeatedly
insisting that all of the companies had been “completely removed” and were
“out” of the freezing order. Since 2010, the judge has added, in stages, some
659 companies to the receivership order, “on the basis that there is good
reason to believe that they are all in Mr Ablyazov’s ultimate beneficial
ownership.”
The documents seen by BuzzFeed News, which include
correspondence involving Roh, link the 25 firms to a Kazakh lawyer and human
rights activist named Bota Jardemalie, a former senior manager at BTA.
Jardemalie has advised Ablyazov and she told BuzzFeed News that as a member of
the Kazakh opposition, she considers him a political ally. Jardemalie fled
Kazakhstan around the same time as he did, later moving to Belgium, where she
was granted asylum in 2013.
In a written statement, Jardemalie said she has no financial
dealings with Ablyazov nor has she been named in any lawsuits involving the
oligarch. “I have been considered an opponent of the current regime in
Kazakhstan and therefore, I have been victim of politically motivated
persecution for years as a reprisal for my work,” she said.
Jardemalie declined to answer specific questions about Roh,
his law firm, or the 25 companies.
Though Roh seems to be a peripheral figure in a much larger
scheme involving billions of dollars and hundreds of companies, the 25
companies are not the only link between the Swiss lawyer and Ablyazov’s
activities.
In 2016, the Organized Crime and Corruption Reporting
Project (OCCRP) and the Balkan Investigative Reporting Network (BIRN) claimed
that a decade earlier Ablyazov had used a series of offshore entities to invest
in an entertainment complex and hotel in Belgrade, the capital city of Serbia,
using BTA funds. Not reported at the time was that Daniel Schroeder, a senior
lawyer at Roh’s law firm, was involved in the operation.
According to the BIRN, the Belgrade complex, which was
valued at 45 million euros (around $50 million) was developed by a Serbian
company controlled by an entity registered in the BVI called Gainsford Investments.
Seventy percent of Gainsford was in turn held by another BVI entity called
Glintmill Investments, which BTA lawyers allege Ablyazov had an interest in.
Court papers describe a “Daniel Schroeder” as Glintmill’s appointed director.
Ablyazov told BIRN at the time that he had no involvement in the Belgrade
complex.
Responding on Schroeder’s behalf, Roh said: “We do not know
this Company” and “Mr Schroeder did not act for it,” when sent a link to the
publicly available court papers that suggest otherwise.
A share purchase agreement in which Daniel Schroeder is
described as the appointed director of Glintmill Investments — a company that,
this document states, owns 70% of Gainsford Investments.
Roh’s involvement in the Ablyazov saga also appears to cross
over with a character now central to legal proceedings brought against Ablyazov
and his associates in the US, a Dubai-based British accountant named Eesh
Aggarwal. “If you’re looking for a typical accountant, try the Yellow Pages,”
Aggarwal’s website says.
Aggarwal is described in a court declaration as “a financial
advisor loyal to Ablyazov.” The document, which was filed in the US in May
2016, alleges that a company Aggarwal controlled was “an Ablyazov investment
entity used to conceal and move his funds.” Other documents and reports
attached to US proceedings make the same claim about Aggarwal’s relationship to
Ablyazov.
Court documents in the US and the UK allege that Aggarwal
handled about half a billion dollars of Ablyazov’s money through his
son-in-law, Ilyas Khrapunov. Aggarwal did not respond to a request for comment
and multiple calls to his office went straight to voicemail.
In 2018, the High Court of England and Wales ordered
Khrapunov to pay over $500 million in damages for conspiring with Ablyazov to
breach the freezing order. The judgment found that starting in 2011 Khrapunov
hired Aggarwal to manage $500 million of Ablyazov’s assets.
Khrapunov denies that he is the ultimate beneficial owner of
the companies allegedly administered by Aggarwal. In a written statement he
said that he had been unable to defend himself in the UK, explaining that he
hadn’t traveled to Britain for fear of being extradited. “The court deemed that
the importance of being cross examined in person in the UK is more important
than my personal safety,” he added. To make his case, Khrapunov told BuzzFeed
News that he had filed proceedings against BTA in Switzerland and a hearing is
due later this year.
The High Court has said that Khrapunov’s extradition fears
had “no merit whatsoever.”
Separate evidence reviewed by BuzzFeed News shows that in
summer 2013 an entity controlled by Aggarwal called Beron agreed to transfer $2
million to a company controlled by Georgy Gomshiashvili, a senior lawyer at
Roh’s firm, for “consultancy.” Beron is one of the companies Aggarwal is
alleged to have used to administer the $500 million.
In a written response, Roh said: “We and Mr Gomshiashvili do
not know Mr Aggarwal and his business Beron as well [as] the transaction you
refer to.”
However, one of the documents seen by BuzzFeed News shows
that in August 2013 Gomshiashvili, who is 38 and was born in Russia, was
introduced to Aggarwal by Peter Sztyk — the then-husband of Ablyazov’s close
confidante Jardemalie. Sztyk did not respond to a request for comment. The same
cache of documents also suggests that funds from Beron made their way to a
company owned by Jardemalie.
Some of the $500 million is also the subject of ongoing
court proceedings in the US, where Khrapunov and others are accused of
laundering tens of millions of dollars between 2012 and 2014 through
investments in real estate and businesses, including a former center for people
with disabilities in Syracuse, a health kiosk company, a hotel redevelopment
project, a mall in Ohio, and three Trump Soho apartments.
Khrapunov told BuzzFeed News in an email that the
accusations of money laundering were baseless. He claimed BTA witnesses were
not credible and that he had made a countersuit. He pointed to cases brought
against his family in the US and Switzerland that had been dismissed.
Matthew L. Schwartz, partner at Boies Schiller Flexner LLP
and lawyer for BTA Bank and the City of Almaty, said: “BTA Bank and the City of
Almaty are committed to holding accountable those responsible for laundering
the billions of dollars stolen from them – first and foremost, BTA’s former
chairman, Mukhtar Ablyazov.” He added that the case against Ablyazov and
Khrapunov was fast approaching trial in the US. “We look forward to presenting
our evidence to a jury of New Yorkers,” said Schwartz.
Roh said that neither he nor his law firm had been involved
in any of Khrapunov’s US dealings and investments.
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