Official comment of BTA Bank on information circulated by Factor Group of Companies on receipt of control over the number of assets of Ablyazov21.10.2013 18:35:53
Almaty, October 21, 2013 - BTA Bank JSC (hereinafter - Bank) considers it necessary to comment the information published in mass media by press service of Factor Group of Companies that the owner of this Group Mr. S. Tichshenko, Ukraine national, allegedly received control over the number of assets of the former chairman of the Board of Directors of the Bank Mr. M. Ablyazov as a result of joint efforts with law enforcement bodies of the Republic of Kazakhstan.
In practice, this information stands as follows.
In connection with fraudulent actions of Mr. Ablyazov and his accomplices, law enforcement bodies of the Republic of Kazakhstan, Russian Federation and Ukraine initiated and currently investigate respective criminal cases. Under the criminal cases, the Bank was recognized as affected party, and now executes its procedural rights. Investigation of these cases resulted in ascertainment of degree of guilt of accused persons (certain individuals), their criminal prosecution and recovery of the amount of damage inflicted by the sentenced persons.
Restoration of rights for the property lost by the Bank, including earlier pledged property, is performed under the civil cases, considered on civil process in the judicial agencies of various countries. Filing of claims by the Bank against legal entities and individuals who illegally acquired the Bank's property is performed separately from operations of law enforcement agencies on investigation and consideration of legal cases, where such individuals are listed.
The Bank does not participate - neither individually, nor, moreover, jointly with law enforcement agencies of any countries, - in any nonprocedural forms of interaction with persons, who illegally acquired property of the Bank. Recovery of illegally withdrawn assets of the Bank is performed by the respective structural subdivision of the Bank (Asset Recovery Department), which actively cooperates with the engaged advisors - professional legal companies. Each of these companies passed thorough inspection by the Bank's departments and is approved by the authorized bodies of the Bank.
The Bank authorized neither Mr. Tichshenko nor Factor Group of Companies owned by him to act in or on behalf of the Bank.
Under the claims filed by the Bank to the High Court of England (hereinafter - Court), decisions were made to recover c. USD 4 bn. from Mr. Ablyazov and his accomplices in favor of the Bank. Also the Court declared the Bank's ownership over the shares of Usarel Investments Limited, Cyprian company, which owns Vitino Specialized Sea Port in White Sea gulf of Murmansk region, Russian Federation.
Further, on the basis of relevant order of the Court, assets of Ablyazov, including warehouse complexes Logopark Pyshma in Yekaterinburg and Logopark Tolmachevo in Novosibirsk were placed under the control of the managing company designated by the Court. Thus, enforcement of the abovementioned decisions of the Court on recovery of damage inflicted to the Bank by Ablyazov and his accomplices must be performed, inter alia, at the cost of property of warehouse complexes Logopark Pyshma and Logopark Tolmachevo.
The Bank notifies that any third party transactions with these assets, as well as with any other property attached by the decision of the Court, right to which was recognized as held by the Bank, are prohibited by the Court and will be considered illegal. The list of such assets is published in mass media and on the official website of the Bank (www.bta.kz/en/files/2013.02AssetsMK.pdf).
If persons who do not have relation to the Bank (including Mr. Tichshenko or Factor Group of Companies owned by him) illegally acquired the right to any assets of Ablyazov or any other defendants under the Bank's claims transferrable to the Bank in violation of the decisions and orders of the Court, the Bank will seek recovery of such assets to its ownership and prosecution of guilty persons, including for contempt of the court.