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2.7 Corruption case against Ukraine oligarch Kolomoisky could be dropped
Another big fish looks like he will escape justice as the fraud case against top Ukrainian oligarch Ihor Kolomoisky looks like it will be dropped following a court ruling on November 29, the Kyiv Independent reports.
Kolomoisky was arrested on September 2 by the Ukrainian Security Service (SBU) and charged with money laundering and fraud. He was subsequently accused of embezzling $250mn from his bank PrivatBank by National Anti-Corruption Bureau of Ukraine (NABU) on September 8 in the most high profile corruption case in years.
PrivatBank, Ukraine’s biggest commercial bank, had to be nationalised and bailed out in 2016 after a bne IntelliNews cover story Privat Investigation exposed a fake loans scam at the bank, where the owners lent money to shell companies under their control leaving a $5.5bn hole in the balance sheet, resulting in the biggest bail out in Ukraine’s banking history. Kolomoisky is also under investigation in the US where he siphoned hundreds of millions of dollars through shell companies in Cleveland and is also being prosecuted in both London and Cyprus by the now state-owned PrivatBank in an effort to recover the money. A London court has frozen some $2bn of his assets as part of these cases in a case which is expected to go on for years.
Kolomoisky arrest in September came as an landmark event, as he is the second big fish NABU has attempted to jail. Previously NABU arrested Roman Nasirov, the government’s financial controller and former President Petro Poroshenko's right-hand man, and charged him with embezzling millions of dollars in March 2017. However, Nasirov walked free after his wife came up with over $1mn bail in cash and the case was eventually dropped. Seen as a litmus test of the anti-corruption efforts in Ukraine at the time under the Western-leading EuroMaidan government, Nasirov’s case was judged as a failure.
Now it looks like Ukrainian President Volodymyr Zelenskiy's efforts to rejuvenate the anti-corruption drive are going to suffer a similar humiliation. Ukraine has a corruption problem that will stymie any effort to raise private sector investment to pay for Ukraine’s reconstruction, as was laid out at the Recovery conference held in London in June last year.
Ukraine’s Anti-Corruption Action Center reports that on November 28, the High Anti-Corruption Court's appeal chamber ruled that NABU had failed to meet a May deadline for completing its investigation in the case against Kolomoisky.
This ruling may invalidate the charges brought against Kolomoisky, the only charges brought against him in the PrivatBank case, despite the blatant nature of the schemes. A forensic audit of PrivatBank following its nationalisation found that 99% of the loans made by the bank to shell companies were fake.
The High Anti-Corruption Court has only been recently reactivated and its ruling means either the prosecutors or a court could close the case down, according to Vadym Valko, a lawyer at the Anti-Corruption Action Center as cited by Kyiv Independent, although such a decision would be subject to appeal.
In a parallel decision the High Anti-Corruption Court, which is a related anti-corruption body set up at Western insistence, rejected motions to freeze Kolomoisky’s assets and impose bail and travel restrictions on them.
18 UKRAINE Country Report December 2023 www.intellinews.com