Law enforcement officers have sent to court a case on charges of four people involved in a scheme to seize electricity from NPC Ukrenergo during martial law and legalize the proceeds from its sale, UNN reports with reference to NABU.
Details
According to the investigation, in March 2022, United Energy LLC, at that time one of the largest traders in Ukraine, manipulated electricity from NPC Ukrenergo in the amount of more than UAH 716 million, and legalized the proceeds from its sale by transferring them to the accounts of a non-resident company registered in the Swiss Confederation.
During the legalization of the funds, a number of controlled companies were involved in order to make it impossible to identify their origin in Ukraine, and their accounts were subsequently seized.
The seizure of electricity and legalization of funds from its sale became possible as a result of abuse of office by the chairman of the board of a commercial bank and the head of a department at NPC Ukrenergo.
The chairman of the bank's board unilaterally and in violation of the established procedure decided to issue a bank guarantee to a private company. After the private company incurred a debt to NPC Ukrenergo, the state-owned enterprise requested the bank to repay the debt, but the chairman of the board unlawfully refused.
At the same time, the head of the department of PJSC NPC Ukrenergo, despite the company's existing debt for previously taken electricity, did not take measures to put the company in default and ensured the sale of electricity.
On January 11, 2024, the NABU and the SAPO exposed the scheme and served a notice of suspicion:
organizer to the owner of a non-resident company - Part 5 of Article 191 and Part 3 of Article 209 of the Criminal Code of Ukraine;
to the Director of the Department of PrJSC NPC Ukrenergo - Part 2 of Article 364 of the Criminal Code of Ukraine;
Chairman of the Board of a commercial bank - Part 2 of Article 364-1 of the Criminal Code of Ukraine;
to a director of a private company - Part 5 of Article 191 and Part 3 of Article 209 of the Criminal Code of Ukraine.
In March 2024, the investigation was completed.
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According to law enforcement, funds in the amount of more than UAH 700 million on the accounts of the companies involved in the scheme registered in Ukraine have been seized for special confiscation.
In the framework of international cooperation, funds on the accounts of a Swiss company controlled by the organizer of the scheme were also seized. At the same time, attempts were made by interested parties to lift the seizure by sending forged letters to the relevant foreign law enforcement agencies on behalf of detectives and prosecutors.
The NABU noted that during the investigation, there was an attempt to bribe detectives and prosecutors conducting the pre-trial investigation, for which one of the Kyiv lawyers was notified of suspicion.
In addition, to prevent market participants from incurring significant debts to NPC Ukrenergo, the NABU submitted proposals to the NEURC to amend certain provisions of the Market Rules, which were supported.