A criminal case was opened in September 2017 against the management of Trans Asia Express CJSC on embezzlement in a particularly large amount. It is a private, generally speaking, not of a national scale and not threatening the national interests of the country case, but the State Committee for National Security considered it necessary to intervene, conduct searches and enhanced interrogation.
The reason for this was a statement from the Austrian company T & F Trade & Finance Ges.m.b.H, which claims that the actions of its Kyrgyz partners are not legal. In fact, the same Kyrgyzstanis, albeit already the former ones, are at the back of the Austrian investors.
The Kyrgyz Austrians
One of the shareholders of Trans Asia Express CJSC is the Austrian company T & F Trade & Finance Ges.m.b.H. Not respectable European businessmen, but our former compatriots — the Tolstunov brothers, Vasily and Sergey, who once had left Kyrgyzstan and settled in Europe, are at its back.
In 2015, each of the former partners seemed to go his own way, till the Austrians did not present their Kyrgyz partners with a claim to return money, allegedly, previously invested in Trans Asia Express CJSC. It was about $ 600,000. At the same time, the Austrian entrepreneurs forgot that they did not invest anything in Trans Asia Express.
Who runs dishonest business?
In the process of building their own business, the Tolstunovs were named in a number of trials.
In 2000, two Italian companies GAMA and ITI S.P.A. (Italian Technologies and Innovations) signed a purchase and sale agreement for the shares of Manas Management CJSC. GAMA paid $ 446,000 for the transferred shares. However, ITI S.P.A., having received the money, did not transfer the shares.
It is noteworthy that one of the co-owners of ITI S.P.A. at that time were the Tolstunovs.
In 2008, Aircraft Petrol Management LLC, specializing in aviation fuel supplies to Manas Airport, filled OCEAN AIRLINES aircrafts.
The Austrians were also involved in the case. An Austrian company FINREP Handels Ges.m.b.H. brought OCEAN AIRLINES to our country. OCEAN AIRLINES was receiving fuel for several months, but did not pay for it. The guarantor and pledger was FINREP Handel Ges.m.b.H. In the end, OCEAN AIRLINES did not pay for the fuel and none paid for the damage of $ 2.3 million.
Owners and managers of FINREP Handels Ges.m.b.H. were the Tolstunovs.
In 2009, the brothers decided that the best defense is a good offence. Despite having obligations and a debt of $ 2.3 million to Aircraft Petrol Management, they filed $ 3.1 million claim, but lost the case.
The Tolstunovs even showed themselves in Russia. In 2010, the Russian company Donskoy Tabak OJSC appealed to the Inter-district court of Bishkek for recovery from FINREP Handels Ges.m.b.H. $2.3 million. The International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation took the side of Donskoy Tabak, but the Tolstunovs refused to comply with its decision and pay for the damages.
Being aware of the legality of all the requirements of Donskoy Tabak OJSC and that the decision of the Russian court will not be in their favor, the Tolstunovs quickly transfered the shares of Manas Management CJSC belonging to the Austrian company FINREP Handels Ges.m.b.H to their Austrian Investitionsprojektenwicklungs Ges.m.b.H.
In 2012, Donskoy Tabak OJSC again appealed to the Inter-district court of Bishkek with a statement on retrial of the case on newly discovered circumstances. According to the case materials, the Main Investigation Department of the Investigative Committee of the Russian Federation instituted criminal proceedings against FINREP Handels Ges.m.b.H. and its officials on the fact of malicious evasion from the execution of the decision of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation.
Fraud, another fraud
The adventures of the Austrians in Kyrgyzstan do not end there. According to the Ministry of Justice of the Kyrgyz Republic, the founder of Kyrtelsat LLC is T & F Trade & Finance Ges.m.b.H. Manager of the company is Nikolay Nikolayevich Dvortsov. He has a brother Alexander Dvortsov, who, in his turn, heads the legal department in Austrian companies FINREP Handels Ges.m.b.H, T & F Trade & Finance Ges.m.b.H, and is also registered as a director at M.T.F.C. Investitionsprojektenwicklungs Ges.m.b.H, that is, at all the Tolstunovs companies.
Earlier, another company, called Mobile Networks, was engaged in the business currently being conducted by Kyrtelsat LLC. The company engaged in mobile payments was quite famous and prosperous in the market of Kyrgyzstan, but at some point it simply disappeared. In 2010, it ceased operations, all assets were transferred to Tolstunov brothers. But was it legitimate?
President will sort it out
Both the Austrian investors and the Kyrgyz entrepreneurs wrote a letter to the President of the Kyrgyz Republic. The criminal case initiated by the State Committee for National Security was transferred to the State Service for Combating Economic Crimes. It recognized that there was no crime on the part of the managers of Trans Asia Express CJSC and their activity does not threaten national security. The Austrian investors, if they like, can defend their rights in court within civil proceedings.
However, at the Security Council meeting, Sooronbai Jeenbekov said that it is necessary to review criminal cases instituted on malfeasance in office, including those related to corruption.
This was skillfully used by our Austrian pseudo-investors, who allegedly suffered from the lawlessness of the Kyrgyz business mafia, and asked the head of Kyrgyzstan to protect their business name. But it is a controversial issue who in this story is the affected party and who should be defended.