Court finds evidence gathered by the Investigative Committee of Russia sufficient to issue a verdict to Mr Andrey Levchenko, Mr Oleg Khamulyak, Mr Anton Ryabikin, Mr Dmitry Kozhenov and Mr Sergey Chernyshov. Based on the extent of individual involvement, each was found guilty of crimes under Part 4, Article 159 of the Criminal Code of the Russian Federation (large scale fraud), paragraph "c" Part 2, Article 178 of the Criminal Code of the Russian Federation (restriction of competition resulting in especially large profits).
Investigation and the court established that Mr. Andrey Levchenko was a founder of an organized group, which included Mr. Oleg Khamulyak, the Chief Executive Officer of a subordinate Сommercial Сompany, and Mr. Anton Ryabikin, his deputy. Mr. Ryabikin signed an agreement with Mr. Chernyshov and Mr. Kozhenov that restricted competition with other Moscow elevator manufacturers. In this particular case, the target was market segmentation. Later on, the commercial organization made contracts with the Fund for the Apartment Building Capital Repairs in Irkutskaya oblast to replace some elevator equipment. Within these agreements, more than 559.6 million rubles were transferred to commercial companies and more than 435.2 million rubles were transferred to manufacturing enterprises. As a result the defendants illegally generated the income in the amount of almost 1 billion rubles.
Additionally, Mr. Khamulyak, Mr. Levchenko and Mr. Ryabikin, together with company’s employees and other persons not aware of the crime committed, fabricated estimates and acts of KS-2 for the inflated volumes of work performed, for the purchase of additional materials, as well as transportation costs for the delivery of elevators to their destination. Based on them, they received an income totaling more than 55 million rubles.
As per verdict, Mr. Andrei Levchenko is sentenced to 9 years in prison in a general regime penal colony with a fine of 1.6 million rubles, with deprivation of the right to hold positions in the public service related to the exercise of administrative and business powers for a period of 2 year 11 months. Mr. Oleg Khamulyak was sentenced to 8 years in prison in a general regime penal colony with a fine of 1.3 million rubles. Anton Ryabikin was sentenced to 7 years in prison in a general regime penal colony with a fine of 1.3 million rubles. Mr. Dmitry Kozhenov and Mr. Sergey Chernyshev were sentenced to 4 years of probation, with a probationary period of 4 years, with a fine of 900 thousand rubles each. Claims filed by the Capital Repair Fund of Irkutskaya oblast were sustained in full, the amount of which was more than 55 million rubles.