Back in 2015, prosecutor’s office accused our clients, bank’s top managers, of allegedly embezzling more than UAH 100 million.
Prosecution considered that the funds had been embezzled before the bank was declared insolvent and that they had not been collected in other branches. According to the investigation, such a crime was committed in complicity with a group of bank’s managers giving its employments the instructions on crime concealment.
VB PARTNERS attorneys started active work at the pre-trial investigation stage. We found the bias and tailor-made character of criminal proceedings, and, therefore, every effort was made to defend our clients. In particular:
- We have been engaged during four (4) months in the struggle for release of suspects from the pre-trial detention center.
Our attorneys proved the investigation’s bias resulting in neither finding factual circumstances nor performing necessary investigative actions. Therefore, court refused further detention and chose a personal recognizance.
- More than eighty (80) complaints were filed against thirty-one (31) illegal acts committed by both investigators and prosecutors.
- Due to the defense’s proactive position the investigator was fired and prosecutor eventually did not pass re-certification.
During the trial, defense submitted to the court the following evidence, including:
- Examinations refuting the conclusions as made by the prosecution experts.
- Confirmation of cash transportation to another branch, but not embezzlement.
- Confirmation of doubtful authenticity of the evidence as provided by the prosecutor, etc.
As a result, the court of first instance acquitted our clients on all charges and dismissed the civil claims without a hearing on merits.
Despite the proven groundlessness of charges, prosecutor appealed the court’s acquitting verdict, missing the terms for appeal. Our attorneys proved that there were no valid reasons for missing the terms before the case was considered on merits, and, therefore, the court refused to renew the terms for appeal.
On August 13, 2021, the Odesa Court of Appeal considered the victim’s appeal on merits and dismissed it, and upheld the verdict as made by the court of first instance.
Today, VB PARTNERS attorneys defend dozens of banks’ shareholders and top managers who justifiably trust us. We gained subsequent victory in the category of banking cases.
The project was implemented under the guidance of our partner Denys Bugay and attorney Nikita Nuralin.