As Kommersant learned, ex-State Duma deputy of the fourth and fifth convocations businessman Vadim Varshavsky and his defense appealed against the verdict of the Leninsky district court of Rostov-on-Don, according to which the businessman was found guilty of tax evasion in the amount of 497 million rubles. and sentenced to three and a half years in prison. The court found that Varshavsky, being the general director of the Rostov Electrometallurgical Plant, instructed the chief accountant of the enterprise not to include the written-off credit debt in the tax declaration for 2014. The lawyers of the ex-deputy argue that there are no signs of corpus delicti in the actions of the principal, and they ask to justify him. Vadim Varshavsky also disagrees with the court’s decision to recover from him personally the imputed amount of tax underpayment.
According to Kommersant’s information, the Rostov Regional Court received complaints about the verdict of the Leninsky District Court of Rostov, issued to the former general director of Rostov Electrometallurgical Plant LLC (REMZ) Vadim Varshavsky. Lawyers and the defendant are asked to cancel, in their opinion, the unlawful and unfounded verdict of the first instance and, having examined the case on appeal, to acquit Vadim Varshavsky. Lawyers believe that the defendant is not the subject of a crime and could not be prosecuted. At the same time, they refer to the testimony of the deputy general director of the plant, Irina Popova, during the trial, where she tells the court that she single-handedly conducted the financial and economic activities of the enterprise, including tax reporting, which she certified with the electronic signature of the general director and sent to the tax inspectorate for telecommunications Contour system.
The words of Mrs. Popova were confirmed by the plant’s chief accountant Elena Dedova, telling the court that the keys to the electronic signature of the general director were kept by her, and Vadim Varshavsky remotely managed the enterprise. Women explained to the court that they had not included in the tax return of the enterprise for 2014 the amount of written-off credit debt in the amount of 3.2 billion rubles. in front of CJSC Capital. They believed that the plant’s debt was forgiven by society and was not taxable, since it was issued free of charge against the property of Capital.
The court pleaded guilty to Vadim Varshavsky for tax evasion of the enterprise’s profit (subsection “b” part 2 of article 199 of the Criminal Code of the Russian Federation), sentencing him to three and a half years in a general regime colony. According to the verdict, Vadim Varshavsky, being the general director of REMZ LLC, instructed Elena Dedova, chief accountant, not to include in the tax return for 2014 the amount of the written-off credit debt of the plant to ZAO Capital in the amount of 3.2 billion rubles.
As a result of these actions, 49.7 million rubles were not received in the federal budget, and 447.6 million rubles in the regional budget.
The court considered that CJSC Capital did not conduct financial and economic activities and it was not economically feasible for the plant to acquire shares in this company. Unless to make a “forgiven debt” transaction and evade income tax. The court also satisfied the civil lawsuit of the tax inspectorate against Vadim Varshavsky, demanding that 497 million rubles be returned to the budgets, since the company, which he managed and owned, was declared bankrupt. The defendant appealed against this decision, claiming that it was unfair. The businessman believes that the bankrupt plant can compensate for the damage through the sale of property.
According to Vadim Varshavsky, the “forgiven debt” scheme was developed by Kontek OJSC under the leadership of Viktor Kirsanov under an agency agreement concluded between the company and the plant. For legal and consulting services, the company received 7.8 million rubles from the plant, and this scheme, according to Vadim Varshavsky, allowed the Rostov Electrometallurgical Plant to restructure its debts and avoid bankruptcy in 2014. At the process, Viktor Kirsanov confirmed to the court that he had participated in the restructuring of the credit indebtedness of REMZ and that the “forgiven debt” scheme worked in the civil law field. However, the court based the verdict on Viktor Kirsanov’s testimony given to him during the preliminary investigation about the artificially created and subsequently “forgiven” debt of the plant to CJSC Capital.
According to Kommersant’s information, the Rostov Regional Court received complaints about the verdict of the Leninsky District Court of Rostov, issued to the former general director of Rostov Electrometallurgical Plant LLC (REMZ) Vadim Varshavsky. Lawyers and the defendant are asked to cancel, in their opinion, the unlawful and unfounded verdict of the first instance and, having examined the case on appeal, to acquit Vadim Varshavsky. Lawyers believe that the defendant is not the subject of a crime and could not be prosecuted. At the same time, they refer to the testimony of the deputy general director of the plant, Irina Popova, during the trial, where she tells the court that she single-handedly conducted the financial and economic activities of the enterprise, including tax reporting, which she certified with the electronic signature of the general director and sent to the tax inspectorate for telecommunications Contour system.
The words of Mrs. Popova were confirmed by the plant’s chief accountant Elena Dedova, telling the court that the keys to the electronic signature of the general director were kept by her, and Vadim Varshavsky remotely managed the enterprise. Women explained to the court that they had not included in the tax return of the enterprise for 2014 the amount of written-off credit debt in the amount of 3.2 billion rubles. in front of CJSC Capital. They believed that the plant’s debt was forgiven by society and was not taxable, since it was issued free of charge against the property of Capital.
The court pleaded guilty to Vadim Varshavsky for tax evasion of the enterprise’s profit (subsection “b” part 2 of article 199 of the Criminal Code of the Russian Federation), sentencing him to three and a half years in a general regime colony. According to the verdict, Vadim Varshavsky, being the general director of REMZ LLC, instructed Elena Dedova, chief accountant, not to include in the tax return for 2014 the amount of the written-off credit debt of the plant to ZAO Capital in the amount of 3.2 billion rubles.
As a result of these actions, 49.7 million rubles were not received in the federal budget, and 447.6 million rubles in the regional budget.
The court considered that CJSC Capital did not conduct financial and economic activities and it was not economically feasible for the plant to acquire shares in this company. Unless to make a “forgiven debt” transaction and evade income tax. The court also satisfied the civil lawsuit of the tax inspectorate against Vadim Varshavsky, demanding that 497 million rubles be returned to the budgets, since the company, which he managed and owned, was declared bankrupt. The defendant appealed against this decision, claiming that it was unfair. The businessman believes that the bankrupt plant can compensate for the damage through the sale of property.
According to Vadim Varshavsky, the “forgiven debt” scheme was developed by Kontek OJSC under the leadership of Viktor Kirsanov under an agency agreement concluded between the company and the plant. For legal and consulting services, the company received 7.8 million rubles from the plant, and this scheme, according to Vadim Varshavsky, allowed the Rostov Electrometallurgical Plant to restructure its debts and avoid bankruptcy in 2014. At the process, Viktor Kirsanov confirmed to the court that he had participated in the restructuring of the credit indebtedness of REMZ and that the “forgiven debt” scheme worked in the civil law field. However, the court based the verdict on Viktor Kirsanov’s testimony given to him during the preliminary investigation about the artificially created and subsequently “forgiven” debt of the plant to CJSC Capital.
Recall that Vadim Varshavsky is also accused of embezzlement of 2.8 billion rubles. at OJSC CB Design Bureau Petrocommerce (part 4 of article 159.1 of the Criminal Code of the Russian Federation). According to investigators, the defendant, together with “unidentified accomplices from among the bank’s leaders,” has abused the trust of middle managers at Petrocommerce and the general director of OAO Zlatoust Metallurgical Plant (ZMZ), acting as a guarantor of a loan that the enterprise opened for the development of production. Investigators believe that Vadim Varshavsky with his accomplices “scrolled the money” over the enterprises that were part of the Estar Group of Companies belonging to him and withdrew the funds to offshore. Vadim Varshavsky does not recognize the fraud imputed to him, claiming that the signature on the guarantee agreement was not his, but at the time of obtaining a ZMZ loan in 2012, the enterprise, like other plants of the Estar group, was under the operational management of Mechel Group of Companies. According to lawyers Vadim Varshavsky, now he is legally acquainted with the indictment in a criminal case, but in fact he is in a Rostov pre-trial detention center and does not have such an opportunity, since the investigation was carried out by the Main Directorate of the Metropolitan Main Directorate of the Ministry of Internal Affairs of Russia.
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