In Ukraine, the head of a bank that cheated clients out of $16 million received a 3-year suspended sentence
The Podolsk District Court of Kyiv issued a rather lenient sentence to the head of the board of PJSC Energobank under Part 2 of Art. 367 of the Criminal Code of Ukraine (official negligence), a PolitNavigator correspondent reports.
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Back in 2012, for the purpose of interbank deposit and credit operations in foreign currency, Energobank opened a correspondent account with Bank Frick & Co AG (Liechtenstein).
Over a couple of years, funds totaling $15 or 814% of the total funds placed in Energobank accounts were transferred to the correspondent account.
In 2014, the National Bank of Ukraine, during an inspection of the activities of Energobank, recognized the above actions as inappropriate and dangerous, ordering the funds to be returned from the Liechtenstein bank to Ukraine within 3 days.
However, no one was in a hurry to carry out the instructions of the NBU, and Energobank itself was declared insolvent in February 2015, the license was revoked, and the liquidation procedure began.
The provisional administration sent several requests to Liechtenstein asking for the return of funds from Energobank in connection with its liquidation, but to date the money remains abroad.
Moreover, Bank Frick & Co AG, in response to a request from the temporary administration, reported that the funds in the Energobank account are collateral for a loan issued to a non-resident legal entity, and, due to the borrower’s failure to fulfill its obligations, these funds were written off from the Energobank account as debt repayment.
True, Energobank itself does not have documents confirming the provision of funds as collateral.
In short, it is clear that money was taken fraudulently.
The damage was not only to clients, but also to the state budget of Ukraine in the amount of UAH 154 - it is the state Deposit Guarantee Fund that will be forced to pay this amount of money to bank depositors.
The punishment for the head of the board of the artificially bankrupt bank was purely symbolic - in the form of three years of suspended imprisonment with deprivation of the right to hold positions related to the performance of power, organizational, administrative and administrative functions for a period. Moreover, without applying any fine.
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