Laundering of billions of $ and raider attacks through RM justice

MEMORANDUM

on laundering tens of billions of dollars and raider attacks realized through the judicial system of the Republic of Moldova

In the period of communist regime (2001-2009), were planned two forms of organized crimes, committed through the judicial system, with the complicitous participation of other pillar institutions of the state (the General Prosecution Office, the Anticorruption Center, the National Bank, the NCFM): massive takeovers of properties through raider attacks and laundering money in Moldovan banks.

In the period of the actual governance (2010-2014) these two criminal phenomena took a frightening magnitude: the raider attacks covered 80% of the banking and insurance sector of Moldova, and money laundering from Russia, seized by the American and European institutions even from 2009, reached the amount of tens of billions of dollars. As you'll see lower, both of the criminal technologies use the same group of corrupt judges, are committed through the same methods and tricks and have the same beneficiaries.

As a citizen of the Republic of Moldova, and after this as an advocate of human rights, without any political or of any other kind appurtenance, I feel responsible to seize you on the actual situation of these criminal phenomena with systemic character from the Republic of Moldova.

THE CAPTURE OF STATE INSTITUTIONS

Basing on obscure political sharing among the governance parties, defiling the desire of the separation of powers, fundamental institutions (political, economic and law) and, especially, the prosecution, the judicial system and the financial and banking systems got to be politically controlled and action to the order and for the benefit of the exponents of the local and international mafia.

It is already well-known that along with a series of ministries and the National Bank (the NBM), the National Commission for Financial Markets (the NCFM), the National Anticorruption Center (the NAC), the Information and Security Service (the ISS), the General Prosecutor Office (the GP) and even the judicial system, secretly, under the blackmail of alloying with the Communist Party, were shared politically, directly or indirectly to the Democratic Party (the DP), also called the blackmail party, and are controlled personally by Vladimir Plahotniuc, the gray eminence of the communist govern, the vice president of the DP, the ex-vice president of the Parliament and of the National Council for Reforming the Law Enforcement Bodies in the actual govern.

The period of last 4 years was marked by the taking over (including though raider attacks, of Russian origin) of some private and state businesses, from important areas of the national economy, such as the banking and the insurance areas, the energy, the transports, the metals, the indispensable food, the media, the airport services, etc., the monopolization and their fraudulent transmission under the control of some structures from the Russian Federation, as well as immense money laundering of some entities from the same country or offshore zone.

All these things were realized or through political decisions (taken often with the tacit complicity of the communist opposition), or through tricked judicial acts, emitted at the order by the subservient judicial instances, or through the actions or inactions of the NBM, the NCFM, the NAC, the GP, the ISS.

THE TAKEOVER OF THE FINANCIAL SYSTEM THROUGH RAIDER ATTACKS (2010-2013)

Because of lack of space, I won't reiterate the information on the whole process of taking over of the control on banks and insurance companies in 2010 or 2011, of the criminal condemnations of the victims of raider attacks, previously exposed in the Memorandums and public Applies and letters addressed to the international institutions, considering illustrative the Public Memorandum from 13.09.2012. I will also mention that, proceeding from declaration of the Secretary of the Committee on National Security, Defense and Public Order:

- the final beneficiaries of the debauchery are V. Plahotniuc and V. Paton;

- it was applied with the contest and basing on some schemes of the judge of the R. of Moldova at the ECHR, Mihai Poalelungi, till his designation as president of the SCJ.

- the criminal takeovers of properties were realized by a group of judges that acted at the order of V. Platon, of Plahotniuc's godson, the advocate D. Damir, the president of the Center District Court, Ion Turcanu, the Buiucani Court, Oleg Sternioala and the Botanica Court, Ion Druta;

- the taking over of the packages of shares from firms which owned them legally and the protection of those who were guilty of illegalities were made with the complicity of the National Bank of Moldova, the NCFM, the General Prosecutor's Office, and the Anticorruption Prosecution, the SCJ and the SCM- politically controlled by Vladimir Plahotniuc;

- and to his return from Strasbourg, Mihai Poalelungi (the actual president of the SCJ) continued to provide logistics and consulting services to the beneficiaries of raider attacks, indicating the mode in which had to be proceeded, so that the victims of the raider attacks couldn't recover their lost properties in judicial instances from Moldova, but also to be sentenced definitively to jail, delaying, through the influence which he has, the examination of the cases in international instances.

The finality of the crimes during the unitary process of taking over under control the financial and banking system- in which the businessmen and people of society from Moldova and from other European countries, overnight, basing on fabricated contracts and receivables, with offshore and Russian firms, with the implication and attraction of some dubious, investigated individuals, were robbed of the shares of the most important banks, just basing on some simplified judicial procedures and the complicity of the institutions meant to counteract this debauchery- it is well known to the national public opinion, but also to the international public opinion (through embassies and other accredited institutions).

If the foreign investors, with the support and under the pressure of international bodies and the governs of their original countries recovered their investments and withdrew from the R. of Moldova, then the autochthonous shareholders of the robbed banks and insurance companies (for example Victor and Viorel Topa), together with their relatives and advocates are continually harassed and persecuted, arbitrary condemned in fabricated files, distributed for money to some subservient judges, without any proves and witnesses, without assuring the right of defense, with hiding the expertise of the international institutions and of the illegal interceptions, with tricks on registers and proves and even the material absence of the file.

Finding themselves free, and alive, is due to the refuge in a state from the European Union and the failure of the attempts of the subservient Moldovan authorities to extradition and imprisonment, resulting in the qualification given by the international ability institutions of a similar case Magnitsky from Russia, as being a political process.

So, the controverted prosecutors and judges from the institutions controlled by the DP and personally by Plahotniuc used another criminal cases of an unimaginable absurdity, for arresting the robbed persons and the members of their families, as a revenge for unmasking the one monitored by the Interpol, the owner of at least two identities at the same time in different states (Plahotniuc, Ulinici), as the financier- beneficiary of the raider attacks from the R. of Moldova (confirmed basing on the decisions of the Justice Court of London and Edinburgh), as well as the public denunciation of V. Plahotniuc, as the beneficiary of the taking over in the communist period, of the heritage terrestrial frequency with national coverage from the Romanian Television, made by the relative by marriage with family Topa, Razvan Paveliu.

EMBLEMATIC CASE: THE ECONOMY BANK – IN HANDS OF RUSSIAN AND OFFSHORE STRUCTURES AFTER THE RAIDER ATTACK

I will exemplify just a scheme which, after I have unmasked it to the state coercive authorities and the SCM, it was also confirmed by the secret correspondence of the Ministry of Justice with the Adviser to the Defence and National Security, the SSC Secretary of State (the annex C). Through this operation, structures from offshore zones and the Russian Federation, suspected, according to press, of money laundering in the Magnitsky case, too, with the active complicity of the judges Gheorghe Marchitan (the Causeni Court), Garri Bivol (the Center Court), Victor Orandas and Natalia Plugari (the Economic Court), mentioned in the Declaration of the Secretary of the Committee on National Security, defense and Public Order and another one duplicitous (with actions and inactions) of the NBM, the NCFM, the NAC, the GP and of the ISS, took over fraudulently the control over the Economy Bank (the EBM).

Initially, in the period May-July 2011, basing on some elaborated schemes, according to the ISS officers and the Secretary of the Committee on National Security, defense and Public Order, by the former ECHR judge, M. Poalelungi, former Plahotniuc's adviser, the actual president of the SCJ, through tricked judicial ordinances (judge Marchitan), 18,5% of shares of the EBM and quota of 100% from the social capital of the societies of the businessmen Victor Topa and Viorel Topa were given to the offshore company “Rietel Limited”, registered in New Zealand, which, immediately the second day gives, also through Moldovan judicial acts (judge Garri Bivol), to the society “Lectom LTD” registered in the United Kingdom of Great Britain, then (after 5 days) is liquidated and is radiated from the register.

In October 2011- January 2012, the victims of raider attacks Victor and Viorel Topa, together with the lawyer Vladimir Morari are criminally sentenced, after some time, basing on some identical, secret judicial ordinances (judges Victor Orandas and Natalia Plugari), their societies (“Zilena Com” SRL and “Minerva” SRL will be artificially burdened, subjected to insolvency and liquidation to the requirement of the offshore companies “Albany Insurance Inc” and “Augela Systems LLP”, and their banking shares, pharmaceutically divided, equally, in the amount of 5% of the significant interest set by Law, were transmitted in property of Russian companies: OOO “Energoremservis” (4,635%), ZAO “Yurenergo EES” (4,635%), OOO “Dimitrovskaia Energeticeskaia Kompania” (4,635%) and OOO „TopEnergoAudit” (4,635%).

The dubious criminal ordinances (not necessary emitted then) from the 7th and the 12th of March 2012 (Note: on 06.03.2012, as measures of counter of the illegalities of the economic courts, were adopted modifications of the Law that were limiting the competence of the Economic Court, and on 13.03.2012 these modifications entered into force through their publishing), were “founded”, the same as the previous ordinances, on fabled contractual relations among diverse Russian and offshore societies, with different Moldovan guarantors, but artificially created and dated in the same period, all of them having the same invented objective- buying of printing equipment and a quarter from the package of shares as guarantee for non-execution of the responsibilities.

Despite these flagrant evidence of theft, the release of the Ministry of Finance (less controlled by the DP), from 18.04.2012, according to which “the state institutions considered the transfer of shares as nontransparent and suspicious”, on 27.04.2012, the governor of the National Bank (controlled by the DP and Plahotniuc) will inform that “the NBM canceled the decision that provided the blocking of the right to vote of a group of minority shareholders who own 18,45% from the shares of the Economy Bank... as all the legal procedures of registration of the participation shares in the share capital of the Economy Bank were finished during last three weeks”.

The press will headline “The raiders” became legal shareholders of the Economy Bank, the Minister of Justice, officially, publicly and particularly seized about the actions of the raider judges, who in parallel were laundering the dubious Russian billions, protecting the individuals promoted by the chief of the ISS from the communist period, will avoid to start disciplinary procedures, even assumed through decisions of the SCM (for example no. 490/25 from 24.07.2012), and the NCFM, the NAC, the GP and the ISS will remain impassive during 4 years in the blind hope of prescribing facts, even if the setting of the final beneficiary of the raider attacks and the illegal recommendations is a relatively simple exercise.

In September 2013, basing on some dubious, nontransparent, damaging political decisions, adopted with the contest of the communist opposition, with an additional emission of shares of nominal value over 7 times lower, even if the intrinsic value, decided by the vote of the state representatives and by the fraudulent minority, the participation quota of the state in the EBM, of 56% was artificially lowered till 33%, and the quota of the offshore and Russian structures increased directly proportional, due to the renounce to the ad hoc participation of the state.

The public appeals of the robbed shareholders, of the civil society and even of the international institutions were ignored by both the authorized institutions such as the NCFM, the NAC, the GP, the ISS and the whole declared democratic governance.

LAUNDERING OF TENS OF BILLIONS THROUGH JUSTICE, IN THE SAME PERIOD (2010-2013)

In parallel with the taking over of properties and arbitrary criminal conviction of the victims of raider attacks, in circulation were put tens of similar judicial ordinances, including false ordinances, realized identically on transactions and obviously contrived receivables among offshore and Russian firms implied in raider attacks, with an eye to launder Russian money. According to data obtained from the exponents of the state authorized services, including specialized in combating such offenses, these judicial ordinances, illegal and false, accumulate over 30 billion of US dollars and have on them the name of some judges, including raider judges who robbed and sentenced to order or admitted Plahotniuc's requires of defending honor and dignity, after being unmasked by the victims, including the decisions of the Courts of London and Edinburgh, as beneficiary of raider attacks.

REFERRALS ON MONEY LAUNDERING- IGNORED LIKE THAT ON RAIDER ATTACKS

In the moment in which, under my concerns of defense of the victims of raider attacks, Victor Topa and Viorel Topa, I found out that the same raider judges, Orandas, Bivol, Marchetan and others, basing on tricked ordinances, signed in same periods or even days (for example the 12th of March 2012) with those emitted in raider attacks, launder billions of dollars through the same raider companies, like „Albany Insurance Inc” or ”Augela Systems LLP”, OOO „Energoremservis” or OOO „Dimitrovskaia Energeticeskaia Kompania” I seized particularly the decision makers from Prosecution and Ministry of Justice, requiring their intervention and of the represented institutions. I recognize, I staked in vain on knowing them till their designation as high ranked officials and on their knowledge of human rights, rule of law and national interest.

Following, yet in the summer of 2013, through press I warned that the MOLDOVAN JUSTICE BECAME A RECIPIENT OF LAUNDERING THE MONEY OF THE NATIONAL AND INTERNATIONAL MAFIA, publicly requiring from the minister of justice (formally, outside the control of the DP) to make an inventory of the files on plunder of state budget and the files on money laundering of mafia through the Moldovan justice, warning on the risk of fraud of next elections, including on this money.

As in the case of raider attacks, none of the expressly authorized institutions through the disposals of the art. 10 alin.(1) of the Law no. 190 from 26.07.2007 on preventing and combating money laundering and financing terrorism- the NAC, the NBM, the NCFM, the Ministry of Justice, etc.- has reacted nor during, nor after its realization, thus money laundering are unfolded for years in tandem with raider attacks, and the protagonists, including criminal judges are known and their condemnations is just a matter of will.

On the contrary, the offenses continued after this, and raider judges and mafia's money launderers continue to act, paid by Occidental and state funds, Russian oligarchic bribe, promoted in superior administrative functions, or, at least, some of them are left to go unpunished from the system, remunerated from the same sources.

THE MIMING OF INVESTIGATION OF MONEY LAUNDERING

Only at the ending of March 2014, the public opinion will read on the SCJ site about the fact that as the President of the SCJ and legal member of the SCM, Mihai Poalelungi would have called for an urgent meeting the presidents of all courts of the country, for informing about the suspicion of some judges to participate in schemes of money laundering from the Russian Federation, through simplified judicial procedures (procedure in order) and also he decided the immediate creation of a group of judges from the Supreme Court of Justice, who will generalize the adopted judicial solutions.

Forced by the investigative press, also Poalelungi, a month after showing the release on the SCJ site, and after 4 years of immense money laundering, will inform the public opinion that through Moldovan courts were laundered 18,5 billion of dollars, that, only some days ago, the NAC would have initiated a criminal file and that the most numerous judicial ordinances (4) would have been emitted by the judge of the District Commercial Court.

But the reality contradicts him even in statistics, as the incontestable leader on this chapter, detected just by the specialized Direction of the SCJ, is Rascani District Court, mun. Chisinau, led by his godson as vice-president and actual president (with at least 12 ordinances), followed by the Center District Court, mun. Chisinau, led by his protected people, Ion Turcanu and Ecaterina Palanciuc (with at least 7 ordinances).

Passing over the premeditated inaccuracies specific to the President of the SCJ, caught in this hypostasis repeatedly, including then, when accused of participating at a meeting for planning the raider schemes, publicly lied that he had been gone abroad, I note with concern that after taking over banks and insurance companies without any precedent, and money laundering of a scale of tens and hundreds of times bigger, are tolerated by the state authorized institutions, captured by oligarchy, and their investigation is mimed and defiantly covered up, by a similar manner to the raider attacks from the same period.

So, the SCM, especially, the legal members- the Prosecutor General, the Minister of Justice or the President of the SCJ, avoid dubiously to introduce on the agenda of forum of self-administration of the judges the thing of analyzing the informative note elaborated by the specialized Direction of the SCJ on these immense money laundering and that of disciplinary and criminal sanctioning of the judges- launderers of money for severe illegalities, already established.

THE INTERVENTION OF INTERNATIONAL INSTITUTIONS FOR FIGHTING AGAINST RAIDER ATTACKS AND MONEY LAUNDERING AND SANCTIONING THE OFFENDERS IS A STRINGENT NECESSITY

Despite numerous reports of the specialized international institutions on money laundering, a part of them being directly connected to criminal structures, from them being structures from Magnitsky case, on which the EU and the USA exposed their trenchant position, till now were not taken practical measures, punitive (sanctions), even if are known the names of the Moldovan judges, of the heads of the complicitous state institutions and the one for whose interest they acted.

As a consequence, being protected by the coercive institutions of the captive state, they fully benefit of lack or delay of international sanctions for money laundering and other economic crimes. In their obscure circle, but- more serious- in society already, this state in which were caught the international institutions, concerned about geopolitical activities of saving the Republic of Moldova against Russian political and economic pressures, is treated as a tacit support offered to the offenders, especially, to the judicial system, accomplice for his whole vertical of crimes of political- criminal group that captured the state of the Republic of Moldova.

Realizing, with a perfidy of the worst kind, that imminently their crimes will become once object of examination in the European instances, the Moldovan insitutions, officials and judges try frantically to hide the traces of the comitted crimes, channelling their course in a bed of injustice, to a zone which we could euphemistically name vicious circle, dead end or impasse. The intended creation, with the good intention of some new stages in this epic of the corrupt debauchery and lust has no other “reason” but tangling shedding harnesses, the permanent changing of the direction for loosing the traces of the facts and the fraudulent schemes.

That's why, being sure of the fact that the official sanctioning of the beneficiaries of this debauchery and their tools from the Republic of Moldova has no chance in the immediate perspective and this could come only from exterior, where the criminals wish identities and robbed properties, but once with this comes the investigation and condemnation of all those who play with human fates and destinies, no matter if they are financiers, prosecutors or executing judges, I'm constrained to come with this appeal.

Attaching as a prove the annexes A, B, C mentioned in the text, as well as the informative Note on the examination of the urgent procedure cases on collecting some considerable amounts from foreign economic agents (annex D), a hidden document nowadays by authorities for stalling and not making public the results of some economic crimes without any precedent, having the list of judges- launderers of money that fills the Moldovan version of Magnitsky list, broadcasted already by press and civil society,

REQUEST

THE URGENT INVESTIGATION OF THE FACTS BY THE INTERNATIONAL AUTHORIZED INSTITUTIONS AND THE SANCTIONING OF JUDGES, HEADS OF COMPLICITOUS INSTITUTIONS AND OF THOSE IN WHOSE INTEREST WERE COMMITTED THE RAIDER ATTACKS AND THE LAUNDERING OF TENS OF BILLIONS OF DOLLARS.

Sincerely yours,

Andrei Nastase,

citizen and advocate