Uskok announced on Wednesday that after an investigation, seven people were indicted for illegal gas trade, which caused INA 160 million euros in damages.
We transmit the announcement below
After the investigation, which was initiated against five defendants (1975, 1978, 1969, 1963, 1947) and one trading company, was initiated on August 28, 2022, and on October 11, 2022, it was expanded in relation to two defendants from of the previous decision (1975, 1978) for new criminal offenses and against two new defendants (1983, 1981), USKOK filed an indictment against seven Croatian citizens before the County Court in Zagreb (1975, 1978 , 1969, 1963, 1947, 1983, 1981) and a trading company for committing criminal offenses of criminal association, breach of trust in business operations as part of a criminal association fraud, assisting in the abuse of trust in economic operations as part of a criminal association, and money laundering.
It was a complex investigation during which numerous witnesses were questioned, a series of expert reports were conducted (telecommunications expert report, two accounting and financial expert reports, in the framework of which around 250 accounts were examined, three IT expert reports). training and expertise in the field of energy – gas market). Furthermore, searches and analysis of 39 various technical devices that were seized from the defendants during searches of their homes and other premises (laptops, mobile phones, servers, data storage devices) from which about 3,500 GB were copied were carried out. data. Witnesses were also interrogated through international legal aid, bank information was obtained and temporary measures to ensure the confiscation of property benefits were implemented.
Based on the results of the investigation, an indictment was filed against the First District. charges that, in the period from August 2020 to August 28, 2022, in Zagreb, Šibenik and Vinkovci, as Director of Gas and Energy of INA – Industrija nafte dd (further: INA) and Deputy Chairman of the Supervisory Board of Plinare istočne Slavonije doo (further: PIS), with the aim of using the rise in natural gas prices (further: gas) on the market, to obtain for themselves and others a significant non-property benefit to the detriment of INA, connected in joint action II. and III. district as founder VI. district trading company (further: company), VII. district manager of Gas and Energy Sales at INA and IV. district the director of PIS and District V – his father, so that the gas at the disposal of INA would be directed towards District VI. district society, in which the first district had a hidden ownership stake, in order to realize and share profits from the further sale of that gas at market prices.
In the implementation of the carefully elaborated plan, I. district. used the powers he had as a director in INA in the processes of gas procurement and sale, thus ensuring that a foreign company (INA’s business partner) buys gas from VI. district society. Then he connected II. district – Director VI. district company with that foreign company as a future gas buyer, as well as IV. district – Director of PIS (seller of gas that is purchased exclusively from INA). In addition, the first district from August 2022 II. district connected with VIII. district – the director of another trading company for the purpose of further directing INA’s gas towards VI. district society.
Furthermore, the first district from July 2021, when there was an increase in the price of gas on the market, which guaranteed earnings in the difference between the planned fixed price and the current market price of gas, agreed with VII., II. and IV. district that the authorities introduce back-dated inquiries for making offers as well as back-dated commercial conditions – offers for the purchase of gas into the system of INA and PIS and accept such offers. In this way, they falsely presented that the agreement between PIS and VI. district companies as buyers of gas from INA was reached in June and December 2020, when gas prices on the market were significantly lower, although it was reached immediately before the gas deliveries that followed that agreement and concluded contracts on sales of gas followed during 2021 and 2022, when agreed daily quantities of gas were allocated to PIS for the further sale of that gas VI. district society. At the same time, the first district from December 2021, part of the agreed amount of gas from INA was sold by VI. district society directly.
As a result of the above, gas from INA’s portfolio until August 28, 2022, directly and through PIS, was sold VI. district to the company at a fixed price of up to 19.80 euros/MWh and in a total quantity of 1,556,783,184 MWh (NCV), while VI. district the company sold that gas on the same days and in the same quantity to a foreign company at market prices ranging up to 346.36 euros/MWh and thus achieved revenues of a total of 187,616,295.18 euros, i.e. after payment purchase cost of the same gas totaling 29,435,796.13 euros according to PIS and INA, earned a profit of 158,180,499.05 euros.
This money, in accordance with the agreement I. and II. district, should distribute to the accounts under their control in certain proportions (80.5% for District I and 19.5% for District II), so that it would not be visible that the enormous benefit from of gas sales of INA from the account of I. district. who, as a director in INA, was in charge of gas sales, I. district with II., III. and V district. agreed on the way in which his part of the non-property benefit will be paid.
It is the same with III. district agreed to, for a certain reward, take over part of the founding shares in VI. district company and on his own account receives money from that company’s account, while with the V. okr. agreed to make his bank accounts available to him as accounts to which the property benefit for the I. and V districts will be transferred. and that at the same time V. district to take over the powers of attorney under account III. district, in order to ensure that the agreed share is transferred monthly to the account of V. district. according to which District I was authorized, as a result of which the earnings from the sale of INA’s gas accumulated exclusively due to the advantageous fixed price of gas at which District I was authorized. with the help of VII. and IV. district sold gas VI. district company, from the account of that company was finally transferred to the accounts of the defendant and their related persons as their illegal property benefit.
On account of II. district a total of 12,138,745.19 euros was transferred to the accounts of the company connected with it, a total of 1,468,494.26 euros and 207,414.00 USD, to the account of III. district EUR 980,000.00 as his non-related benefit and EUR 8,166,022.68 as non-related benefit of the I. and V. districts, on the account of the V. district. EUR 63,991,168.56 as his and non-related benefit from District I, while the amount of EUR 51,697,511.88 represents illegal property benefit of VI. district companies that, on the basis of the Law on Liability of Legal Persons for Criminal Offenses, are charged with the criminal offense of abuse of trust in economic operations as part of a criminal association.
Since District I, from March 1, 2022 to August 28, 2022, is the same gas that is through District VI. district company sold to a foreign company, on the same trading days, on behalf of INA, bought back into INA’s gas portfolio at market prices plus transportation costs, INA was additionally damaged by the repurchase of its own gas for 1,506,127, 54 euros.
In total, due to the described actions of the defendant, INA was damaged for 159,846,327.18 euros.
II. and V. district also charges the commission of the criminal offense of money laundering due to the actions that, knowing the illegal origin of the money previously obtained in the described manner, they undertook in order to cover its trail, i.e. falsely portray that it is the funds from a legal source.
That’s right II. district, from July 22, 2021 to August 27, 2022, in Zagreb and Biograd, funds in the total amount of 8,041,460.13 euros that were previously accumulated on accounts VI. district companies turned into other forms of property. Namely, II. district opened a large number of bank accounts in his own name with various financial institutions, as well as the bank accounts of the company in which he was the sole founder. and director. He then ordered multiple transfers of money from account VI. district of the company on and between several bank accounts, and then invested it in the purchase and furnishing of real estate, the purchase of vehicles, funds and cryptocurrencies, as well as for the performance of the legal economic activity of the aforementioned company in order to realize profits from such investments.
Also, the V. district, from September 9, 2021 to October 21, 2021, in Zagreb and Šibenik, after HRK 9,599,195.09 from the account of the V. district. company through account II. district and his father’s account was transferred to his accounts, used those accounts in such a way that HRK 5,500,055.93 was transferred from an account in one bank to an account in another bank. Then the V. district for a total of HRK 9,624,332.89 he bought foreign currency in the amount of EUR 1,286,675.52 after ordering the transfer of that amount to a foreign currency account opened in his name at a third bank. The amount of 133,314.85 euros that was obtained in the previously described illegal way, V. district. invested in the acquisition of a house in Šibenik, in his own name and that of his wife as co-owner, in order to generate further income by renting it out.
In order to be able to confiscate from the defendants in the court proceedings all the property they acquired illegally, as well as the disproportion in their property, this Office detected the property of the defendant in Croatia and abroad that originates from the commission of criminal offenses as well as all further forms of property. arose from the funds obtained through criminal acts and promptly proposed the determination of measures to ensure their confiscation, on the basis of which a total of about 109,300,000.00 euros out of 103,000,000.00 euros in money was blocked in this case , 2,000,000.00 euros in shares in funds and cryptocurrencies, 4,000,000.00 euros in real estate and 300,000.00 euros in vehicles.