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--- Anatomy of bereaving properties
ავტორი Admin, 26-10-2012, 18:13 | კომენტარები (0)
To Murtaz Zodelava, Attorney General of Georgia
From Jemal Leonidze detained in Penitentiary Institution, #16 Prison of Rustavi

Action
(
About monopoly behavior and competition blocking, exclusion of market participant from the market and fraudulent acquirement of the property)
I. Factual circumstances for crime contemplated under 195th article of the Criminal Code of Georgia (from TBC bank side).
1. In 2006, I founded Company “MAGNATI 2006”, with the following shares: Jemal Leonidze - 75%, Temur Karmazanashvili – 15%, Gogi Loladze – 5% and Malkhaz Bablidze – 5%.
2. Major activity of the company was purchase and realization of oil products. Thus, Company owned 4 oil terminals, 42 gas stations, railroad bay, steam-engine and other facilities.
3. Company owned secondary activity objects, namely: restaurants, “Mtsvane Kontskhi”, “Magnati Gvirila”, “Imereti” and poultry farm “KoKo”.
4. Until August War of 2008, price of the mobile and immobile property of the Company was 70 millions USD. Annually, 5.5 million litters of oil products were sold from the gas station network of the Company; this was 8-10% of the oil product market of the country. And more than 200 individuals were employed in the Company.
5. Definitely, acts of war and world economic crisis affected the Company. In the middle of December, 2008, TBC Bank managers, Mr. Japaridze and Mr. Butskhrikidze expressed their wish to purchase the Company. After analyzing information, received from my close business circle, I doubted honesty of Bank’s intention. Thus, for more credibility of negotiations, I asked Bank managers and our common friends Zaal Samkharadze and Kakha Makhatadze to participate in negotiations. Negotiations failed, because of crushing terms provided by the Bank, striving for the final acquirement of the Company.
6. On March 27, 2009, under common evaluation of the audits of the Bank and Company, a Memorandum was made up, evaluating the property of “MAGNAT” (only refuelling station) 29 millions 715 000 USD. Whereof, price of 42 gas stations was 21 435 000 USD and share from 22 objects was 8 280 000 YSD. This document was signed by General Director of TBC Bank Vakhtang Butskhrikidze. Oral statements of this person, as if these evaluations were made by the audits of the “MAGNAT” cannot serve as the argument. I, hereby, confirm that this price doesn’t include company shares, stocks, poultry farm, restaurants, land parcels (#1 annex - memorandum).
7. On April 27, 2009, by strong activity of TBC Bank and because of loans in this Bank, Company “MAGNAT 2006” approved the Bank offer about incorporation of the new company; thus, with 100% share of the Company “MAGNAT” I incorporated JSC “Oil Products Distribution Company ” (ODC) (#2 annex - charter), with the following shares: TBC Bank 25%, Zaal Samkharadze 31%, Giorgi Kiknadze 10%, Bank “Republic” – 10%, Koba Buchukuri – 24%. Distribution of shares with such amounts was proportionality of the debts of the Company debtors, which was temporary and by the gentlemen’s agreement; after covering of the debts, total share of the Company should have been returned to “MAGNAT”. Giorgi Aslanikashvili was appointed as the sole manager of the new Company, by the initiative of Vakhtang Butskhrikidze (General Director of TBC Bank) i.e. this person managed 25% of the Company, belonging to the Bank.
8. I admit that Giorgi Aslanikashvili had no connections with the Bank, he was the masked representative of the Bank; thus, the Bank hid from its partners (the European Bank for Reconstruction and Development) e4xistence of 25% share in “Oil Products Distribution Company” (#3 Annex Extract from the Entrepreneurial Registry). Bank Manages Vakhtang Butskhrikidze and G. Japaridze disposed of the fraudulently acquired property via G. Aslanikashvili.
9. Under gentlemen’s agreement (it was the offer of TBC Bank), Giorgi Aslanikashvili should have been appointed as the General Director of “Oil Products Distribution Company”, G. Japaridze as financial director, I and Zaal Samkharadze as the members of the JSC. Z. Samkharadze should have been obliged to provide the company with the oil, which should be returned to Company “MAGNAT” after covering his 31% debt. Giorgi Kiknadze would have returned his 10% to Company “MAGNAT‘, after covering his liability; based on the same gentlemen’s agreement, I had to manage Company incorporated on the basis of “MAGNAT”. This gentlemen’s agreement was not made up in written form because of my detention.
10. “Oil Products Distribution Company”, which had great potential to work on profit, in a very short period of time, became unprofitable with hard efforts of TBC Bank (following Government’s directions). It was the direct obligation of TBC Bank to transfer the Company into such condition, prevent it from strengthening, increasing and lead it to bankruptcy and to deliver it cheaply to the officials.
11. TBC Bank did all its best to avoid plea bargaining. When I almost reached plea bargaining and payment of penalty instead of releasing, I planned to cover part of the penalty (200 000 Gels) with parcel of land in Digomi, registered on me and my wife; TBC Bank arrested the property and I was not able to cover the penalty and by the efforts of the Bank I was still detainee.
12. I hereby explain that, Company “MAGNAT” doesn’t have any debts, but it had loans as from Banks, as well as from natural entities. These loans were not problematic, if Company worked properly payment of loans and receiving of profit would be definitely possible. Moreover, selling of the properly working network of the company in real price shall have profit in several million dollars. But the fact is that, neither the government nor the government instructed Banks didn’t wish such development of the story. Thus, they acted jointly, artificially leading the company to total bankruptcy, cheaply sold the company to the individuals being in close relationship with the government; they weren’t damaged, vise versa, received wide area for actions from the Government.
13. Soon after incorporation of “Oil Products Distribution Company”, re-registering of property to the new company began. Re-registration began individually on each object, based on sale contracts. Prices given in sales contract were agreed between us in advance and didn’t correspond with the prices listed in Memorandum. I declare that nothing was deposited (transferred) on the account of “MAGNAT”. On August 12 of 2009, last gas station was registered on “Oil Products Distribution Company”. On August 13 I was detained and accused in fraudulency. I completely confessed charged guilt, as if I falsified documentations of 4 parcels of land, as the prosecutor promised plea bargaining with small penalty (this confession was conditioned by existing court system reality in the country). In several days, prosecutor failed to keep its word and requested penalty of 2 millions Gels. Later penalty was decreased to 1 million Gels. This sum was also astronomic for me. I offered prosecutor to pay 400 000 Gels, including real property (parcels of Land) in amount of 200 000 Gels. But due to the fault of TBC Bank (please refer to $10) agreement with prosecutor’s office failed.
14. On August 31, 2009, partners of “Oil Products Distribution Company” – Vakhtang Butskhrikidze, Zaal Samkharadze and Gogi Loladze notify me in the prison that Bank is discontent with transferring of properties and additionally asked to declare 5 127 802 USD as a debt and instead of this, they promised to release the assets of 3 objects (“Rekha” Ltd, “Mtsvane Kontskhi” and “Gvirila”). This condition of TBC Bank was also crushing one, for which I offered to release additionally 4 objects. Bank rejected this condition (#4 Annex, agreement project, dated August 31, 2009).
15. On November 13, 2012, my partners – Zaal Samkharadze, Gia Kiknadze, Temur Karmazanashvili and Gogi Loladze notified me that TBC Bank demanded to transfer 19% from my 24% share (registered on Buchukuri name); in opposite case, they would annul “Oil Products Distribution Company” and purchase all mortgaged property via auction. I didn’t approve this ultimatum, as this demand was blackmailing (Bank already tried to blackmail my partners); as the auction has its rules and properties were worth 2-3 times more then it was mortgaged, I didn’t think that Bank would dare to such direct racketeering (#5 annex - letter).
16. In the same letter, my partners wrote to me (thus they grounded my consent on Bank’s preconditions) that Company would strengthen, even 4 million litter fuels were sold in November 26, by activities of “Oil Products Distribution Company”; and if nobody hinders, we can reach serious sales; only obstacles are VTB Bank and “SOKAR” and TBC Bank is the only one which could arrange situation with these companies, they said in the letter (#5 Annex).
17. On December 09, 2010, by the initiative of TBC Bank, Meeting of the shareholders of “Oil Products Distribution Company” was held at 10:00 a.m. Agenda – share distribution. At 12 o’clock break was announced at the meeting. Meeting continued at 20:00 in the Office of TBC Bank, where Koba Buchukuri gave his consent to transfer 19% share from 24% share on Giorgi Aslanikashvili masked representative of the Bank. Thus, the Bank, with threats and blackmailing acquired 44% of “MAGNAT” property. Signing of the minutes of the meeting was conditioned by ultimatums, project was prepared by Bank lawyers.
18. On February 25, 2011, between “Sun Oil Georgia” Ltd (Gulf) presented by its Director Adam Ianiv and Giorgi Aslanikashvili, Director of “Oil Products Distribution Company” was concluded sales agreement by the participation of Vakhtang Butskhrikidze, General Director of TBC Bank; under this agreement, “Oil Products Distribution Company” sold its property to “Guld” in 13 635 000 USD (#6 Sales Agreement).
19. On July 26, 2012, in telecast of TV company “Maestro”, at Talk Show “Direct Talks”, Vakhtang Butskhrikidze was asked whether why the company was sold in such price, Butskhrikidze answered that the “Oil Products Distribution Company” was not profitable anymore. Bank searched for buyers throughout the country, they could not find one and finely, there appeared Israeli Company “Gulf” (only one wishing to buy the company) bought “Oil Products Distribution Company”. As he declared, Samkharauli National Forensics Bureau evaluated Company and Bank did not receive any profit by selling it.
II. Factual Circumstances on fraudulent acquirement of property
1. On April 27 of 2009, in JSC “Oil Products Distribution Company” incorporated by “MAGNAT” shares were defined pro rata to debts. Bank Republic received 10% share pro rata to its debt in new Company, with nominal price 1 200 000 USD (please see $7), which was registered on Giorgi Sadzaglishvili.
2. Debt of Company “Magnat” in favour of Bank “Republic” was 1 942 937 USD (#1 Annex, p.5) under memorandum, dated MArch 27, 2009. “Magnat” had to pay this sum from March 01, 2009 to March 01, 2010.
3. On August 13, 2009, the Bank “Republic” worried by my arrest and complete transfer of “Magnat” property to “Oil Products Distribution Company”, asked to buy additional property of “Magnat” (two restaurant). Jointly, “Magnat” and Bank evaluated the properties.
4. On August 18, 2009, under share alienation agreement, Giorgi Sadzaglishvili, a representative of JSC “Problematic Loans Agency” (Bank Republic) purchased a restaurant “Mtsvane Kontskhi” Ltd in 1 200 000 USD (#7 Annex).
5. On August 24, 2009, an act was registered in National Agency of Public Registry, saying that “Magnati Gvirila” Ltd (restaurant) was transferred to “Sative Gvirila” Ltd (representative Giorgi Sadzaglishvili) in 1 256 400 USD (#8 Annex).
6. Together with receiving of restaurants “Mtsvane Kontskhi” and “Magnati Gvirila”, Bank Republic received unencumbered mobile properties (restaurant equipment, devices, furniture, etc) – in amount of 32 000 USD from “Mtsvane Kontskhi” and 43 600 USD from “Magnati Gvirila”. (75 600 USD in total). This property was unencumbered.
7. After acquiring properties, Bank Republic begins “to think about” its selling. Here appears Ms. Tamar Merabishvili, residing at #58 Mtskheta Street, Akhaltsikhe, Georgia, presenting power of attorney in the name of Lia Obolashvili and bought Restaurant “Magnati Gvirila” in 660 000 USD (#9 Annex), which was bought by Bank Republic short time ago in 1 296 000 USD (including furniture of 43 000 USD), seemingly it was grabbed from Bank Republic.
8. On April 06, 2012, Restaurant “Magnati Gvirila” was enclosed in charter capital of “Dani 2012” Ltd, by Lia Obolashvili and Berucha Lukhutashvili (#10 Annex).
9. On October 06, 2009 (I am already arrested), Malkhaz Solomnishvili buys 100% share of “Center of Labour Organization programs” Ltd in 892 000 Gels from “Tiflis 777” Ltd. Malkhaz Solomnishvili didn’t pay the sum, thus, he fraudulently acquired property of “Magnat” (#11 Annex).
10. Poutrly Farm “Koko” belonged to “MAGNAT” (estimated in 1 million USD). Malkhaz Solomnishvili managed this Company. With the efforts of this person, 1 million dollar property was sold to the Ministry of Economy in unreal price - 190 000 Gels. Thus, property of “Magnat” was acquired fraudulently.
11. “Magnat” owned prophylactic machines in amount of 130 000 USD. With the tricks of Malkhaz Solomnishvili, I am not informed about the location of this property (seemingly, this person also took this property fraudulently).
12. “Magnat” owned Restauran “Imereti”, on Rikoti Heights. Restaurant was evaluated as 500 000 USD. Presently, I don’t know the owner of this restaurant.
13. “Magnat” owned Brewery in amount of 280 000 Euros (570 000 Gels). Presently, this property is owned by JSC “TBC Leasing” as a result of law violation.
14. My personal car “Toyota 200” in amount of 65 000 USD was vanished as soon as I was arrested. Couple of days ago, when journalists demonstrated cottage house of Bacho Akhalia and Data Akhalia in Tskneti, I caught sight of my car. I presume that Bacho Akhalia used this car.
15. I and my wife owned 4 200 sq.m. parcel of land in Didi Digomi (evaluated as 300 000 USD). TBC Bank owns this parcel of land, based on fraudulently drafted documents.
16. Apartments located at Kipshidze Street and Didi Digomi in the possession of my wife and me (total price 150 000 USD) were fraudulently registered by Bank Republic on natural entities, Makharadze and Tsikhiseli.
Thus,
1. Bank Republic received property of 3 731 400 USD in total (1 200 000 (10% share in Oil Products Distribution Company) + 1 200 000 (restaurant “Mtsvane Kontskhi”) + 1 256 400 (Restaurant “Magnati Gvirila”) + 75 600 (restaurant furniture, machines)). Debt of “Magnat 2006” – 1 942 937 verified under Memorandum should be deducted from this sum, and Bank Republic fraudulently acquired 1 713 463 USD payable from property taken by “Magnat”. (3 731 400–1 942 937= 1 713 463). This sum is still not paid by the Bank in favour of “Magnat”. Thus, Bank Republic fraudulently acquired immobile property of the Company in amount of 1 713 463 USD.
2. Malkhaz Solomnishvili fraudulently acquired property of Company “Magnat” 892 000 Gels (“Center for Labour Organization Programs” Ltd, $27), 130 000 USD (car repair boxes, $29) and 1 million USD for poultry farm “Coco” ($29).
3. TBC Bank fraudulently acquired parcels of land of my wife and me in amount of 300 000 USD ($33).
4. Owner of Restaurant “Imereti” in amount of 500 000 USD is unknown. ($30)
5. JSC “TBC Leasing” fraudulently acquired “MAGNAT” property in amount of 570 000 Gels (Brewery $32).
6. Data Akhalia and Bacha Akhalaia illegally acquired my car “Toyota 200” in amount of 65 000 USD ($22).
Legal basis of crime components contemplated under 195th and 180th articles of Criminal Code of Georgia.
CCG 195th article. Monopoly behavior and competition blocking
Under this article, crime contemplates “monopoly behaviour . . . including competition blocking by market share distribution, keeping authority on the market, exclusion of the market participant from market and/or for verification or keeping of common market price”.
I hereby consider that, actions of TBC Bank, first acquiring of “Magnat”, then artificial dropping of prices of “Oil Products Distribution Company” and selling it to the entities closed to the top officials of the Government by the Georgian managers of this Bank; thus the Company “Magnat”, possessing 8-10% of oil products market and had potential to grow went to bankruptcy; it was withdrawn and excluded from the oil products market, which was directly affected by TBC Bank.
Following circumstances allow me to presume the above-mentioned with the highest grade of probability:
1. From December of 2008, TBC Bank tried to seize the Company;
2. On April 27, 2009, by the efforts of Bank, “Magnat” incorporates JSC “Oil Products Distribution Company”, with the share of 25%.
3. Factual manager of JSC “Oil Products Distribution Company” is a person named by the Bank, having no legal liaisons with the Bank;
4. On August 12 of 2009, last object of Magnat was transferred to JSC “Oil Products Distribution Company”. On August 13, I was arrested, accused in fraudulency.
5. By the efforts and supervising of Bank and other partners, JSC “Oil Products Distribution Company” returns large part of realization market i.e. in September-October of 2009 it became profitable. There are some obstacles like VTB Bank and “Sokar”, which can be arranged only by TBC Bank;
6. On December 09, 2009, by the decision of shareholders meeting of JSC “Oil Products Distribution Company”, TBC Bank becomes the owner of 19% from my factual share;
7. From the beginning of 2010, refueling stations of JSC “Oil Products Distribution Company” are prevented from delivering the fuel, stations stopped, persons working in the company were demanding their wages, loan interests were increasing, liability issues in regard with unfulfilled obligations towards partners were arising. Thus, Company drowns into debts;
8. National Forensics Bureau estimates the property of JSC “Oil Products Distribution Company” and On February 25 of 2011, Company “Gulf” is registered as the buyer of this property. Thus, price of the Company from 30 million USD dropped to the third in several months.
9. After this deal (March 01, 2011), Tbilisi Court of Appeal had the opportunity to receive the decision. Up to the present, hearing of our appeal has been delayed with unreasonable reasons for 8 months and 3 days (instead of 3 months term);
I declare that, evaluation carried out by the order of TBC Bank, by NAtional Forensics Bureau is valid. This conclusion is made according to the international standards. During evaluation period, all refueling stations stopped working as the fuel were not delivered. There was no income. Standards used by expertise include exactly income analysis.
The Bank decided stopping of fuel delivery to refueling stations, when it was clear that they could not enter oil products market. This threat arose after appearing a new player “Gulf”. This Company aimed to purchase the network cheaply. Thus, Bank encountered with the threat. It could lose assets in amount of 9 million dollars and Bank Republic could lose 3 million USD (10% in “Oil Products Distribution Company”). Exactly, these two circumstances resulted in evaluation of “Oil Products Distribution Company” in 13 million USD. Thus, neither of the Banks could neither lose nor win. Instead, they could receive necessary immunities from the Government and opportunity to act freely in bank sector, which was grounded by state acts (especially should be underlined court obedience).
Abovementioned consequence of developments is artificial. According to the script “Magnat” should have been bankrupted, property of the Company should have been dropped to the minimum by the efforts of “Oil Products Distribution Company” and top government officials should have bought it in third price and manager of it should have been the person close to this power. And banks wouldn’t be in loss.
Counterarguments have no ground for existence, as
1. Oil business cannot be unprofitable in Country’s oil market, when you have 43 refueling stations, 4 oil terminals and other facilities i.e. working network.
2. Company facilities allow you to sell 5-6 million litter fuel per month, when selling of such amount of fuel equals to 1,2 million Gels profit per month.
And a logical question arises , whether why these refueling stations were stopped and why they stopped to deliver fuel.
Full answer to this question can be found after questioning of V. Butskhrikidze, exactly he must clarify the meaning of the information provided to my partners in August’s letter “Obstacles are VTB Bank and Sokar” (#5 Annex).
Two issues are important, who was interested to stop refueling stations by not delivering the fuel - --- by personal omission of Mr. Butskhrikidze or there was other power, which didn’t allow “Oil Products Distribution Company” to deliver the fuel itself or buy it from large importers.
Direct interest of the State (Saakashvili Government) in the abovementioned idea regarding grabbing of the property is directly proved by the decisions received against me by the judges of this government. However, the decision, which was received on the bankruptcy case of Company “Magnat 2006”, receieved by Kochiashvili – Judge of Civil Affairs Chamber of Tbilisi City Court, can be very several in the history of the Georgian courts. Namely, Judge didn’t satisfy solicitation of about two dozen creditors and me about prolongation of company bankruptcy term i.e. 6-8 months for rehabilitation. It should be underlined that the judge satisfied request of the government representative on declaring bankruptcy of “Magnat”. And all these happen, when “Magnat” owed to state (60 000 Gels, approx.). In case of rehabilitation term, state could have the chance to return the debt from the Company. For presenting its view on rehabilitation solicitation, state representative requested three-day break and after this term, they rejected rehabilitation and requested to finalize bankruptcy case, having refused on 60 000 Gels.
Answer to logical question, whether why the state refused to return the debt and requested bankruptcy finalization, is as follows:
By the decision of the Judge Kochiashvili, “Magnat” as the legal entity was unlisted from the Entrepreneurial Registry. This means that legal claiming for the properties of this company via civil law mode is impossible. As “Magnat” is deprived of right to claim (it is not legal entity anymore), thus, company creditors were deprived the chance to return the property, including the state on its 60 000 Gels. Instead, state received the shortest way to avoid multiple civil actions from “Magnat” – it deprived the company of legal status (no legal status, no problem).
Thus,
As a result of the actions carried out against the Company “Magnat”, my family and me, by State, Banks or natural entities acting in the name of the state – 70 million USD property were taken away. Grounded confirmation of these circumstances is possible by objective and transparent investigation.
Conclusion:
We have:
1. Components of crime contemplated under 195th article of Criminal Code of Georgia from the side of TBC Bank.
2. Under sales contracts concluded between “Oil Products Distribution Company” and “MAGNAT” nothing was transferred on the account of “MAGNAT”, thus “Oil Products Distribution Company fraudulently acquired about 30 million USD property;
3. Bank “Republic” fraudulently acquired 1 713 463 USD of “MAGNAT”;
4. Bank “Republic” fraudulently acquired apartments (150 000 USD) located at Kipshidze street and Didi Digomi;
5. Malkhaz Solomnishvili fraudulently acquired 892 000 Gels and one million 130 000 USD of “MAGNAT”;
6. JSC “TBC Leasing” fraudulently acquired 570 000 Gels;
7. Data Akhalia and Bacho Akhalia illegally possess my car in value of 65 000 USD.
Considering above said, we expect relevant reaction on the facts listed in the application.

Respectfully,
Jemal Leonidze
Date: October 08, 2012
Annex: 67 pages (79 pages in total)
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