The evidence gathered by the Chuvash Republican Investigative Department of the Investigative Committee of Russia was found by court to be sufficient to sentence former director of Pobeda LLC Victor Shmakov, earlier holding a position of a deputy of Cheboksary city assembly of deputies. He was found guilty of committing offenses under Part 2 of Article 201 (abuse of authority), Paragraph B of Part 4 of Article 174.1 (legalization (laundering) of property acquired by a person as a result of an offense committed by him), Part 3 of Article 159 of the Criminal Code of Russia (swindling).
Investigation and the court established that Shmakov, being the sole founder and director of Pobeda LLC between December 2006 and December 2016, assumed obligations for the construction and commissioning of an apartment building in the city of Cheboksary and concluded contracts with participants of shared construction. In January 2016, the accused, by concluding a fictitious sale and purchase agreement, withdrew from the property of this organization a land plot intended for the improvement of the house and the organization of parking and transferred it to the ownership of another company under his control nominally headed by his trustee. In that, the payment for the land plot was veiled under the debt repayment in the amount of 33,5 million rubles for works allegedly performed by the second company. This entailed decrease of Pobeda assets and formation of accounts payable from the LLC, as well as impossibility of completing construction, which inflicted significant property damage to the participants of the shared construction.
In order to give a legitimate appearance to the ownership of the specified land plot and to bring it into legal economic circulation, Shmakov organized its division into two land plots and their subsequent sale to another firm under his control, the nominal director of which was his relative. After that, in 2018, he concluded sales agreements for these plots with a third-party company for a total amount of over 66 million rubles. The money received was used at his own discretion.
Apart from that, in 2017 Shmakov fraudulently acquired money and inventory items of total value of over 800,000 rubles from a customer as a payment for an apartment in the said building under construction. However he embezzled the money instead of using for fulfillment of Pobeda LLC obligations.
The facts of illegal activities of the accused were detected in operative interaction of the Chuvash Republican Investigative Department of the Investigative Committee of Russia, Chuvash Republican Department of the Federal Security Service, Chuvash Interior Ministry and Chuvash Republican Prosecutor's Office.
Over 70 shared-construction participants, along with creditors of this construction company - banks and other persons, were recognized as victims under the probe; total damage amounted for over 442 million rubles.
Despite all the efforts of Shmakov to conceal his property, the measures taken by the investigation succeeded in securing the seizure of the property of the accused in the amount of more than 380.5 million rubles and sending it for compensation for the damage inflicted.
Due to the competently structured investigative work, it was possible to ensure the transfer of an apartment building to the NCO Fund for the Protection of the Rights of Citizens - Participants in Shared Construction in the Chuvash Republic, that will in the near future put the house into operation and the shared-construction participants will receive their apartments.
The criminal case amounted to 22 volumes, the investigation included evaluative and handwriting examinations and over 120 interrogations.
The court sentenced Shmakov to 5 years of imprisonment in a general regime penal colony.