The beneficiary of the largest Russian bank bankrupt - Industrial Bank Sergey Pugachev in the midst of the trial with the DIA in London unexpectedly refused lawyers, saying it lack of funds. Now he intends to sue in London alone, to communicate with their opponents in Russian and to correspond by hand. Such an approach may mask a desire to tighten the case, which is unfolding not in favor of the ex-banker, according to lawyers.
As found "b", the services of his British lawyers - firm Fried, Frank, Harris, Shriver & Jacobson (London) LLP - beneficiary bankrotyaschegosya Industrial Bank Sergey Pugachev refused on the eve held Friday announcement of a negative for him the decision of the London court in a dispute with the Agency for deposit insurance Agency (DIA). The Court confirmed the legality of an order requiring disclosure of ex-banker information on discretionary trusts, for which, according to the agency, the main hidden assets Sergei Pugachev (see. "Kommersant" dated February 27). Message of Mr. Pugachev also lawyers lawyers DIA (firm Hogan Lovells International LLP) that they are no longer of interestex-banker, dated February 26, said the DIA. To him the ex-banker's lawyers have made it a personal letter explaining the reasons (there are at the disposal of "b"). In DIA confirmed receipt of the letter. A representative of Mr. Pugachev also confirmed "Kommersant" that the letter was sent.
According to the report, the main reason for failure of the services of professional lawyers to further proceedings in London - Finance. "The trial in London seriously blew my financial situation, because I spent a lot of money on lawyers and court costs, as well as in connection with the negative impact that the order for the arrest of assets (all over the world for the amount of £ 1,2 mlrd.-" b ") had on my business", - says Sergey Pugachev. In particular, as stated in the letter, because of this order, he could not sell the house in the south of France, was forced to take out loans to pay off which will also need to sell the property, which is the world's arrested, and in Russia, traditionally said Mr. Pugachev and repeated now and in the letter, "it expropriated by the state and individuals." howeverm, in addition to loud statements, evidence of the last ex-banker is not provided.
As a result, Sergei Pugachev, "forced to drastically reduce their costs," and "will strive in good faith and independently perform all the duties which are imposed by an order (the arrest of aktivov.-" b ")."
This order was passed English court in July in support of ACB action on bringing Mr. Pugachev and three top managers IIB to vicarious liability for its bankruptcy (in late 2010) in the Russian court - in fact, the Russian claim is basic. Its amount - 75 billion rubles. Approximately I owed the bank creditors. In essence, the claim has not yet been considered, but was filed in December 2013.
However, according to the letter, "the faithful and self-fulfillment of obligations," Mr. Pugachev associated with a number of conditions. As pointed out by Sergei Pugachev, because he "does not speak English," all the correspondence with British lawyers DIA he intends to carry on in Russian and the same (letters in Russian or with Russian translation) waiting on the second side. Kohm of himself "not a specialist in law", he asks the British lawyers DIA "as possible to clarify the meaning of detail and specify the document guides to the provisions of applicable laws and what are my rights and responsibilities." Furthermore, Mr. Pugachev also "does not own enough computers and does not have a personal assistant, which could provide similar services", so correspondence with lawyers DIA intends to lead by the hand, writing is planning to send and receive mail, write promises " neatly and legibly. "
However, not being a lawyer, a former banker, in a letter signed "Academician of the Russian Academy of Engineering, doctor of technical sciences," all the same "does not recognize the jurisdiction of the (londonskogo.-" b ") of the court" and "reserves the right to contest the jurisdiction" as well as an order to seize assets.
Given this attitude, as well as previous unsuccessful attempts of Mr. Pugachev with the help of professional lawyers to remove the risks of withdrawal of its foreign assets (orders for arrest and disclosure of information on trusts him to challengefailed), an independent continuation of the proceedings in London, according to the respondents "b" of lawyers, looks strange. "Probably, the defendant wants to delay the process:. Usually when you lose, you just start to play for time Either he really is in financial difficulties", - says the partner at the law firm "nectar, Saveliev and Partners" Sergey Saveliev.
The DIA inclined to the first version. "Mr. Pugachev probably believes that due to the removal of his lawyers he will be able to avoid or at least postpone the execution of an order for disclosure of information on trusts, but he is obliged to provide information regardless of the availability of judicial representatives," - said the agency. They believe that the statements of financial difficulties unfounded and completely inconsistent with its previous statements, the more so because the established originally London court Sergei Pugachev limit for living expenses (that is, the amount of funds that it receives from its frozen assets) in the amount of £ 10 thousand. a week later it was increased five times.
Tighten the case if happens, then a short time, according to lawyers. "In the UK, prohibited from participating in the court for non-professional lawyers, so the court may appoint a state lawyer to him, and upon confirmation of ignorance of the English language - to bring in an interpreter for communication session with the judge and lawyers." It is possible that the defendant is preparing the ground to try to somehow protect their assets or the inability to convince the court redress on his part to the claimant in the event of his victory, suggested Mr. Savelyev.