Spain continues loud litigation on the case of money laundering by the Russian mob — now give testimony of the prosecution witnesses. Eighteen defendants have been interrogated, among them — the Deputy of the state Duma Vladislav Reznik and his wife who categorically deny the participation in a criminal Association. Details about how the Russian MP defends on the Iberian Peninsula his good name, figured “Tape.ru”.
In February, the National trial chamber of Spain launched the trial in the case of the Russian mafia, which is based upon an police operation “Troika” carried out by the Spanish security forces in 2008. Then on suspicion of laundering criminal money obtained in Russia, was arrested about 100 people. Among them were Gennady Petrov and Alexander Malyshev, which the Spaniards dubbed the leaders of the Tambov-Malyshev gang.
According to the investigation, they have created in Spain the network of companies in the real estate and financial investments, through which it was washed at least 50 million euros (3.4 billion rubles). Petrov and Malyshev in the course of the investigation fled. 12 years later, on the dock there were 18 people, among them citizens of Russia and Spain. The most notable defendant in the case, the Deputy Vladislav Reznik.
Against Vladislav Reznik and his wife Diana Gindin Spanish government brought forward two charges: participation in a criminal organization and laundering of criminal funds.
“We’re filing charges against Mr. Reznik, as we believe that he was laundering money, the origin of which is associated with organized crime. We rely on telephone conversations where the person we believe to be the source of Gennady Petrov,” said Prosecutor Jose Grinda before beginning the process.
the prosecution believes that through controlled Petrov firms Resnick acquired property, cars, boat. Thus, assured the Spaniards, was legalized the illegal money of the Russian mafia, and Reznik was aware of this.
“a Serious defect of this case is the lack of evidence of the involvement of Resnick and his wife to the crime,” — said “the Tape.ru” the Russian MP’s lawyer Alexander gofshtein.
According to him, even during the preliminary investigation the defense has presented evidence of innocence Resnick and Gindin: the Declaration of income, indicating that their total income is many times greater than the cost of purchasing property in Spain. The lawyer pointed out that the property acquired through the legal transfer of funds from the official account of the butcher in a Russian Bank.
“They [the defendants] proved that the money is legal, they paid the taxes, so the account here is the translation, that the total amount of income, that costs. Simply amazed how indifferent the Spanish law enforcement authorities to conclusive evidence. Of course, an investigator or Prosecutor may not believe the defence evidence, but arbitrarily to ignore them is not right. And that’s exactly what happens in this case!” continues gofshtein.
According to the lawyer, Spanish law enforcement agencies has not recognized provided by Resnick and Gindin evidence is inconclusive or unreliable: they just put it in the thing, ignored it and continued to blame his clients in money laundering, without regard to the evidence.
“the Outrage is the complete impotence experienced by the citizen who is prosecuted by the Spanish authorities: say what you want, prove what you want, visualize what you want the documents — we don’t care we have our pattern, and we under no circumstances will you from this scheme will not exclude. That is the logic, in which the Spanish law enforcement system,” — said the defender.
In an interview with “Tape.ru” gofshtein called rubbish allegations of involvement of his client in a criminal Association.
“First of all, I think the gibberish translations of telephone conversations, which form the basis of this accusation. XXI century in the yard, and we are faced with a glaring fact, when the heaviest charges due to erroneous translation of telephone conversations of the so-called defendants. Moreover, despite the fact that the preliminary investigation had lasted for almost 10 (!) years, to understand the accessories on a law enforcement failed”, — said the lawyer.
According to him, in some cases, to confirm the absurd accusations used conversations in which Reznik was not even involved.
the Main (and essentially only) “proof” of the involvement of Reznik to the criminal group is a telephone conversation that occurred, according to prosecutors, between Reznik and Petrov. But Resnick this conversation never led!
“Although not obliged to do so, we found a genuine member (one of our fellow), presented a certificate from the telephone company that the number from which the conversation was conducted, does not belong to the butcher, and to another person; has submitted a notarized statement of the citizen, in which he confirms that this is his room and his conversation; presented expert opinion that this voice is not Reznik, and another man; all the evidence are in the possession of the Prosecutor for more than a year,” notes gofshtein. “But the Prosecutor still claims that this conversation led Reznik, and therefore, he is a member of the criminal community. Incredible!” — continued the lawyer.
On the defense motion is valid member of the conversation was questioned in court. He confirmed that the voice on the recording it, not the butcher.
in addition, the defense was faced with serious defects in the translation of other conversations. The process is called to testify translator — the expert in the Russian language. With his help the defense intends to challenge the translations of telephone conversations on the basis of which Resnick and Gindin blamed on the “Russian mob”.
“the Reason Reznik decided to participate personally in court, is obvious! He doesn’t feel any guilt, convinced of his innocence. Such is the position of his wife, also a defendant in this case. They want, finally, to whitewash its own name, to wash away falsely charges,” — said the lawyer.
the groundlessness of the accusation was confirmed by the Prosecutor of the International criminal court in the resignation of Luiz Moreno Ocampo, who has studied the case materials. Speaking on the initiative protection Ocampo in court said about the absolute innocence V. Reznik and his wife to any criminal activity. One of the world’s most respected experts in the field of crime investigation, said the absence in the case of any evidence against the butcher and his wife.
At a meeting in the National court of Spain on February 27 Deputy Vladislav Reznik, gave detailed testimony on the charges. He said that he met Petrov in Mallorca and knew him as a shareholder of the Baltic construction company. The Deputy explained to the Spanish judges, that “in the Russian criminal authority can be called only by the court.”
“against Petrova was not making what he is a criminal authority or the head of a criminal group”, — he explained. “Petrov was sitting in the Soviet time in prison for crimes decriminalized now. As far as I know no claim to it, but have not studied in detail this question. I had bought the house, and did not engage in family relations”, — concluded Reznik.
According to him, he bought a house and ship in the Balearic Islands through the company of Gennady Petrov. The cost of the house amounted to 1.2 million euros, the transfer took place from the Bank account Reznik in Russia.
“Transfer 1.2 million were made, as well as any transfers from personal accounts. I want to bring this before the esteemed court. It declared the money with which taxes are paid”, — he stressed several times, Resnick. “I from anybody did not receive free and paid from my personal money, I have no criminal money,” he said.
Resnick also spoke about other acquisitions in Spain. It’s two houses in Mallorca, two boats and three cars. The main part of this property acquired from persons who are not related to Petrov.
the Company Centros Comerciales SL Antei, which belonged to Ayla, purchased of the butcher with the sole purpose of this company owned the rights to the boat. Under Spanish law, a foreigner cannot register the boat. The transaction to purchase shares of the company are absolutely legal and transparent.
Reznik has confirmed that between 2002 and 2008, its revenues amounted to more than $ 60 million received from the sale of previously acquired assets.
“the Income declared to the tax authorities in Russia. As a Deputy I fill out a special Declaration, my Declaration are subject to the additional study of law enforcement, as indeed of all the charges that I brought, studied interior Ministry’s investigations Department. In fact, everything is represented,” he said.
According to him, after charges by Spanish authorities at home he, too, began to check, but nothing criminal is not found.
“the Investigation was conducted in respect of my wife, with the same result. In the case there are relevant documents from the interior Ministry”, — concluded Reznik.
the Lawyer Resnick is intimately familiar with the Spanish justice. The experience he received was not as protector, but as a defendant. Four years Alexander gofshtein fought off accusations of links with the Russian mafia. He was protecting a crime boss Zakhary Kalashov, known as Shakro Young who at the request of Spain were detained in the UAE in 2006, the result of a police operation “Wasp”.
In November 2006 gofshtein was visiting his client in a Madrid prison. When in Madrid, gofshtein brought 500 euros, which was credited to the personal account of the prisoner. The Spaniards regarded it as funding criminal organizations and detained the lawyer. The first year the lawyer was in prison. Then it released on bail.
“the Spanish Prosecutor and the investigating judge made a terrible impression. They were ready in favor of their own crap to step over the law of human destiny. Complete disregard for the law. Saw this on a personal example. Of course, I can’t speak about all of the judicial investigation case, but the characters encountered on my way, left a heavy impression. It is impossible to prove anything,” recalled gofshtein.
on 1 June 2010, the Spanish court sentenced Kalashov to 7.5 years of imprisonment, and gofshtein was acquitted and returned to Russia. After experienced test lawyer shared his observations of Spanish justice.
“If this is the stage of the preliminary investigation, it seems that in Spain this stage just yet. It could be said that it does not exist, if not one “but” — huge time that a person spends while in this stage. The preliminary investigation did not seem underway, but to this stage takes years. The benefits of the Spanish preliminary investigation before the Russian can’t see,” said the defender.
According to the gofshteyn, a court in Spain is a completely different story. The court is an independent and wise, respecting the law. It is not affected neither by the authorities nor by the media. Nothing but the law, he is not interested — and this is the greatest advantage.
“Apparently, at the political level there is an understanding of the importance of the judiciary. In addition, the Spanish judges work in conditions that have nothing to do with the pipeline, operated by Russian judges. A completely different load, work schedule. Not work wear as our own. Such that the judges one day had been appointed for five or six criminal cases, they do not even dream of,” said the lawyer.
According to Gottstein, despite the fact that Spain is a poor country, the courts there are fully equipped. Crystal chandeliers and parquet flooring there is, but is audio recording process, which guarantees its objective reflection.
“moreover, the copy of the record issued to the participants of the process on the same day after the end of the hearing. And, please, work, disputes about who said what. The court earned him enormous respect of the people. The unthinkable thing — to argue with the Spanish judge, especially to swear. We have it quite often, unfortunately”, — said the defender.
the gofshteyn was able to sue for compensation for unlawful criminal prosecution. He did not use it.
“the compensation is not addressed, primarily because for four years, very tired of Spanish justice. The second reason is very mundane: we ran out of money for lawyers,” — he explained.
Now, Alexander gofshtein, analyzing your case and Reznik, believes that “the”dossier on Russian mafia” not investigated”. “These years in terms of performance and collection of evidence thrown out, wasted, they are 10 years have not collected any evidence of the guilt of the butcher and his wife” — he said.
Another Russian lawyer, for many years living in Spain, told anonymously about the methods of work of local law enforcement officers.
“If you’re a lawyer and protect the mafia, the Spaniards believe that you’re mafia. In Russia, this is not, we understand that you’re just doing your job, professional services. In Spain the approach is no worse and no better than in Russia, just different. Here many Russians familiar with each other. For example, you go to Russia, leave the neighbor a power of attorney for house or car, you never know what can happen: plumbing to call… For the Spanish side this power of attorney will indicate that you are connected,” — says the source “ru”.
According to him, the Spanish security forces in cases of money laundering sweep everyone. For example, there was a case when the realtor a year spent in prison for helping the Russians to buy a house.
“the Spanish believe the Newspapers. In Russia we have the name of the investigator will base the accusation on a newspaper article? Absurd! But the Spaniards take everything seriously”, — said “the Tape.ru” did not want to disclose his name in the source.
According to him, the rigid attitude of the Spanish authorities to the rich Russians has not affected the flow of the last in the country. Still wealthy businessmen are buying up property, settle on a Sunny beach, enjoying the southern hospitality.
“At the household level, the Spanish love Russian, despite the fact that fall under this category and the Georgians, the Armenians, well, all of the former Soviet Union”, — said our compatriot.
According to the Spanish laws, the Prosecutor formulated the request for the penalty at the end of the preliminary investigation, the indictment. But this request is not binding on the court character. Currently in the process testified the defendants, now comes the examination of prosecution witnesses: the police, the investigators who took part in the detentions and searches of the defendants in the case about the Russian mafia in the framework of the operation “Troika.” According to gofshtein, the sentence may be pronounced in late spring — early summer.
the Voluntary surrender of Deputy Reznika on the court “made a good impression on the judges”, said earlier a member of the Madrid bar Association Jose Sanchez. In turn, the Prosecutor before the trial and examination of evidence requested for Reznik 5.5 years of imprisonment.
the Alleged leaders of the Tambov-Malyshev OPG Petrov and Malyshev, who fled from the Spanish justice, while threatens nothing. They can not be judged in absentia, although the public Prosecutor requested for Petrov for 8.5 years in prison.