UNITED STATES OF AMERICA,
Plaintiff
Case No. l:04-cv-00798-PLF
IV. OVERVIEW
9. Lazarenko's associates also obtained multi-million dollar fortunes through their association with Lazarenko while he was a government official in the Ukraine. One such associate was Peter Nikolayevich Kiritchenko (hereinafter «Kiritchenko»), who was formally named as and served as an advisor to Lazarenko while Lazarenko was First Vice Prime Minister and Prime Minister, until he and Lazarenko were dismissed by Ukrainian Cabinet of Ministers Directive 677 on July 3, 1997. Other associates of Lazarenko who amassed multi-million dollar fortunes through their association with Lazarenko included Yulia Tymoshenko, Igor Makarov, Mykhola Agafonov, and othersе...
(последнее предложение - Среди прочих сообщников Лазаренко, наживших многомиллионные состояния благодаря связи с ним, — Юлия Тимошенко, Игорь Макаров, Николай Агафонов и другие...)
10. Lazarenko and his associates were able to acquire hundreds of millions of United States dollars through a variety of acts of fraud, extortion, bribery, misappropriation, and/or embezzlement.
(Лазаренко и его сообщники сумели присвоить сотни млн. долл. США различными мошенническими способами: путем вымогательства, взяток, хищений и растрат) These schemes included, but were not limited to, skimming funds in United States dollars from multimillion dollar contracts for the distribution of natural gas imports in the Ukraine and providing kickbacks to Lazarenko, obtaining property by wrongful use of fear or under color of official right, making payments to Lazarenko to influence or induce him to act or refrain from an official act, manipulating state businesses to provide millions of dollars in goods to private businesses and individuals that would share their profits with Lazarenko, diverting millions of United States dollars to their personal use by using fraudulent contracts to purchase goods for state enterprises at inflated prices or to falsify the purchase of goods that were not purchased, and concealing Lazarenko's association with corporations doing business with the local and national governments to deprive the Ukraine of the honest services of its employeesе...
12.Between approximately 1992 and 1999, Lazarenko and his associates also illegally transported the proceeds of their fraud, extortion, bribery, misappropriation, and/or embezzlement schemes into and through the United States in violation of United States lawе...
C. The UESU and ITERA Energy Schemes:...
During Lazarenko's tenure as Vice Prime Minister in charge of energy, United Energy Systems of Ukraine UESU was one such corporation that was granted various privileges, including the authority to distribute natural gas to the Dnepropetrovsk region of Ukraine. UESU was controlled by Lazarenko associate Yulia Tymoshenko and others.
(последнее предложение - ЕЭСУ контролировалась Юлией Тимошенко и другими соучастниками Лазаренко). From approximately December 1995 until some time in 1997, UESU received natural gas from RAO Gazprom pursuant to contracts entered into under this authority. In addition, on or about December 31, 1996, while Prime Minister of Ukraine, Lazarenko authorized execution of a 200,000,000 guaranty in favor of RAO Gazprom for the delivery of natural gas by UESU , thereby causing the Ukrainian government to pledge to use state funds to repay debts of UESU to RAO Gazprom.
Beginning in approximately January 1996, UESU conveyed title to the imported natural gas to United Energy International, Ltd. («UEIL»), an 85% shareholder of UESU that was created on October 17, 1995, at the direction of Yulia Tymoshenko, and diverted to foreign bank accounts belonging to UEIL the payments from Ukrainian customers for the natural gas they received through UESU .
(здесь о том ,что компания подконтрольная Т. незаконно направляла платежи укр.клиентов за газ на сторонние счета) Between April 8, 1996, and December 31, 1996, rather than pay RAO Gazprom for the delivered gas with the money that had been transferred to UEIL, UEIL transferred approximately 140,000,000 to Somolli Enterprises, a Cypriot company that was registered in Cyprus on October 8, 1992, and was controlled by Yulia Tymoshenko and others
(здесь тоже о незаконном переводе денег Т. вместо "Газпрома" на счета подконтрольной ей "Сомали").
Tymoshenko and her associates further used corporate entities under their control, such as, but not limited to, UESU , UEIL, and Somolli Enterprises, Ltd. to make payments to Lazarenko in the amount of at least 162,000,000 in 1996 and 1997.
(Тимошенко и её сообщники использовав подконтрольные им фирмы,такие как ЕЭСУ, UEIL и Somolli, передали Лазаренко в течении 1996-97г.г. как минимум 162 млн.$.) Lazarenko obtained these funds as a result of his position as a Ukrainian public official.Lazarenko and his associates received payments from the UESU, Somolli, and UEIL schemes in United States dollars and through transactions through financial institutions in the United States. Diversion of these funds included transactions in United States dollars from an account in the name of UEIL at National Westminster Bank in London
(обратите внимание на то ,что здесь прямо сказано ,что незаконный оборот проходил через счёт компании подконтрольной Тимошенко) , United Kingdom, through financial institutions in the United States, including Corestates Bank, N.A. in Philadelphia, Pennsylvania, to an account in the name of Somolli Enterprises, Ltd. at the Bank of Cyprus, in Cyprus...
и так далее - везде ЕЭСУ...:
E. Proceeds of Fraud. Extortion. Bribery. Misappropriation. Embezzlement. Honest
Services Fraud, and other Criminal Conduct:
50. Between at least 1993 and 1997, through the conduct outlined above and other criminal acts, Lazarenko, as a result of his position as a public official in Ukraine, received over 326 million in United States dollars from companies and individuals doing business in Ukraine and with Ukrainian state enterprises, including, but not limited to, the following entities and persons, and approximate amounts:
(i) In 1997, Lazarenko received at least 13,000,000 from United Energy Systems of Ukraine (UESU) ;
Instead of disclosing these payments and his substantial funds held in financial institutions, Lazarenko and his associates actively sought to conceal the fact that he was receiving multi-million dollar payments from corporations doing business before the state and that he controlled multi-million dollar bank accounts. Many of the payments to Lazarenko, particularly from the UESU and ITERA gas schemes, involved indirect transfers through corporate entities controlled by Kiritchenko to accounts of shell companies controlled by Lazarenkoе...
F. Scheme to Conceal and Layer Criminal Proceeds
i. Swiss and related accounts
Beginning in July of 1994 Lazarenko began to pool some, but not all, of the funds from his different criminal schemes into his Carpo-53 account at Banque SCS Alliance and his Nihpro account at Banque Populaire Suisse in Switzerland. These accounts received funds withdrawn from Lazarenko's Kato-82 and Lip Handel accounts, including through transactions into and out of accounts under the control of Kiritchenko in the United States. These accounts also received additional funds from other criminal conduct, such as the <B>UESU<P> and ITERA energy schemesе...
FIRST CLAIM FOR RELIEF
(18 U.S.C. з 981(a)(1)(C) for violations of 18 U.S.C. зз 2314, 2315 — ITSP)
Pavel Ivanovich Lazarenko and/or his associates
(здесь и далее "Павел Иванович Лазаренко и его сообщники", кто сообщники по заключению американского правосудия мы уже знаем.) caused to be transported, transmitted, or transferred in interstate or foreign commerce goods, securities or money of a value of 5,000 or more, knowing the same to have been stolen, converted or taken by fraud in violation of 18 U.S.C. з 2314; and/or received, possessed, concealed, stored, bartered, sold, or disposed of goods, securities or money of a value of 5,000 or more, which had crossed a State or United States boundary, knowing the same to have been stolen, unlawfully converted or taken in violation of 18 U.S.C. з.2315...
SECOND CLAIM FOR RELIEF
(18 U.S.C. з 981(a)(1)(C) for violations of 18 U.S.C. з 1951 — Extortion)
Pavel Ivanovich Lazarenko and/or his associates affected or conspired to affect commerce or the movement of an article or commodity in commerce by extortion, including by obtaining property from another, with his consent, induced by wrongful use of fear or under color of official right, in violation of 18 U.S.C. зз1951, and 2.
THIRD CLAIM FOR RELIEF
(18 U.S.C. з 981(a)(1)(C) for violations of 18 U.S.C. зз 1343,1346 — Wire Fraud)
Pavel Ivanovich Lazarenko and/or his associates having devised or intending to devise a scheme or artifice to defraud or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, and to deprive the people of Ukraine of his honest and faithful services, used or caused someone to use the wire or radio in interstate or foreign commerce in violation of 18 U.S.C. зз 1343, 1346 and 2...
FOURTH CLAIM FOR RELIEF
(18 U.S.C. з 981(a)(1)(C) — proceeds of offenses against a foreign nation)
138. Pavel Ivanovich Lazarenko and/or his associates committed offenses against a foreign nation of extortion, bribery of a public official, and/or the misappropriation, theft, or embezzlement of public funds by or for the benefit of a public officialе.
FIFTH CLAIM FOR RELIEF
(18 U.S.C. з 981(a)(1)(A) for violations of 18 U.S.C. зз 2,1956(a)(l)(B)(i) — money laundering)
142. Pavel Ivanovich Lazarenko and/or his associates caused or intended to cause a financial transaction affecting interstate or foreign commerce involving the proceeds of «specified unlawful activity», to wit — the transfer or receipt of property that was stolen, unlawfully converted, or taken by fraud in violation of 18 U.S.C. зз 2314 or 2315; extortion in violation of 18 U.S.C. з 1951; wire fraud in violation of 18 U.S.C. C and 1346; and/or extortion against a foreign nation, as specified in 18 U.S.C. зз 1956(c)(7)(B)(ii) — knowing that the funds involved in the transaction represented the proceeds of some form of unlawful activity and knowing that such transaction was designed in whole or in part to conceal or disguise the nature, the location, the source, the ownership or the control of the proceeds of a «specified unlawful activity.»...
SIXTH CLAIM FOR RELIEF
(18 U.S.C. з 981(a)(1)(A) for violations of
18 U.S.C. з 1956(a)(2)(B)(i) — international money laundering)
146. Pavel Ivanovich Lazarenko and/or his associates caused or intended to cause the transportation, transmission, or transfer of funds from a place in the United States to or through a place outside the United States and/or from a place outside the United States to or through a place in the United States knowing that the funds involved in the transfer represented the proceeds of some form of unlawful activity and knowing that such transportation transmission or transfer was designed in whole or in part to conceal or disguise the nature, the location, the source, the ownership or the control of the proceeds of a «specified unlawful activity,» to wit: the transfer or receipt of property that was stolen, unlawfully converted, or taken by fraud in violation of 18 U.S.C. зз 2314 or 2315; extortion in violation of 18 U.S.C. з 1951; wire fraud in violation of 18 U.S.C. зз 1343 and 1346; and/or extortion against a foreign nation, as specified in 18 U.S.C. зз 1956(c)(7)(B)(ii)...
SEVENTH CLAIM FOR RELIEF
(18 U.S.C. з 981(a)(1)(A) for violations of 18 U.S.C. зз 2,1957 — money laundering)
Pavel Ivanovich Lazarenko and/or his associates engaged in or attempted to engage in monetary transactions affecting interstate or foreign commerce involving criminally derived property of a value greater than 10,000 and derived from some «specified unlawful activity,» to wit: the transfer or receipt of property that was stolen, unlawfully converted, or taken by fraud in violation of 18 U.S.C. зз 2314 or 2315; extortion in violation of 18 U.S.C. з 1951; wire fraud in violation of 18 U.S.C. зз 1343 and 1346; and/or extortion against a foreign nation, as specified in 18 U.S.C. зз 1956(c)(7)(B)(ii)...
EIGHTH CLAIM FOR RELIEF
(18 U.S.C. з 981(a)(1)(A) for violations of
18 U.S.C. з1956(h) — money laundering conspiracy)
Pavel Ivanovich Lazarenko and/or his associates knowingly conspired to conduct or attempt to conduct transactions affecting interstate or foreign commerce in violation of 18 U.S.C. зз 1956(a)(l)(B)(i), 1956(a)(2)(B)(i), and/or 1957, which transactions involved the proceeds of «specified unlawful activity», to wit — the transfer or receipt of property that was stolen, unlawfully converted, or taken by fraud in violation of 18 U.S.C. зз 2314 and 2315; extortion in violation of 18 U.S.C. з 1951; wire fraud in violation of 18 U.S.C. зз 1343 and 1346; and/or extortion against a foreign nation, as specified in 18 U.S.C. зз 1956(c)(7)(B)(ii)...
WHEREFORE, plaintiff, the United States of America, requests that this Honorable Court issue a warrant and summons for the arrest and restraint or seizure of the defendant property; that notice of this action be given to all persons known or thought to have an interest in or right against the property; that the defendant property be forfeited and condemned to the United States of America; that the plaintiff be awarded its costs and disbursements in this action and such other and further relief as this Honorable Court deems proper and just. Respectfully submitted,
KENNETH L. WAINSTEIN (D.C.Bar No. 45105
United States Attorneyе
Attorneys for Plaintiff
UNITED STATES OF AMERICAVERIFICATION
I, Special Agent Debra LaPrevotte, hereby verify and declare under penalty of perjury that I am a Special Agent with the United States Federal Bureau of Investigation, that I have read the foregoing First Amended Verified Complaint in Rem and know the contents thereof, and that the matters contained in the Verified Complaint are true to my own knowledge, except that those matters herein stated to be alleged on information and belief and as to those matters I believe them to be true.
The sources of my knowledge and information and the grounds of my belief are the official files and records of the United States, information supplied to me by other law enforcement officers, as well as my investigation of this case, together with others, as a Special Agent of the United States Federal Bureau of Investigation.
I hereby verify and declare under penalty of perjury that the foregoing is true and correct.
Debra LaPrevotte
Special Agent
United States Federal Bureau of Investigation
Допис від Dak0ta
Дайте угадаю: вы, конечно, имели в виду марсиан, да и вообще не из этой темы а из темы про захват Польшей Белоруссии?Сейчса таких уже не делают. Уж простите, но молодая уже не молода
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