Fraudsters want to profit from the depositors of the bank "Holding-Credit. Bank "Holding-Credit" rotted fruit mafia Open letter to depositors of CB "Holding-Credit"

Open letter to depositors of CB "Holding-Credit"

Dear contributors!

I was prompted to turn to the form of such a specific genre of speech as an open letter: firstly, the discussion on the issue of the effectiveness of the Bank's debt repayment was widely unfolded in the press and on your forum; secondly, your disagreements on the evaluation of the work of the creditors' committee in the run-up to the meeting of creditors; thirdly, an open letter from Rodina Elena Anatolyevna to me and the leadership of the DIA; and fourthly, my sincere desire for the speediest and fullest satisfaction of your legitimate claims.

For me, as the Chairman of the Board of Directors of CB Holding-Credit, the rapid bankruptcy of the Bank was a severe shock. Until the last minute I hoped to save the Bank. After all, for me the Bank, without exaggeration, was the fruit of my whole life, the result of my work as a lawyer, economist, financier and just a person who loves his country. The bank was created and developed over the course of 18 years, and this, you understand, is a long time. During this time, we have not only carried out business activities, but at the same time we have implemented social and charitable projects. A wonderful, friendly, creative team of professionals was formed. And believe me, these losses are no less than material ones.

Bankruptcy of the Bank could have been avoided if it were not for the shortcomings of our legislation, the formality of procedures, artificially created conditions for a huge onslaught, constant information attacks, and other actions to destroy the Bank. And there would be no problems for depositors, and the Bank, as an effective taxpayer, would continue to work. Believe me, there is no need to repeat these mistakes again, and there is no need for hysteria in actions, show restraint. This not only does not contribute, but, on the contrary, hinders the process and work of all bodies and persons in repaying debts to depositors and creditors. E.A. Motherland is absolutely right in noting in her letter the breadth of the audience interested in the problem of the Bank's bankruptcy. At the same time, this interest is not always healthy, is associated with good intentions and is aimed at a positive resolution of the conflict.

In troubled waters, there is always a temptation to fish. So it happened with us. For example, just before the Bank's license was revoked from the cash desks of the Elektrozavodskoye and Balashikha Branches, funds on an especially large scale were boldly stolen. At the same time, no one gave any clear explanations about the loss of several million dollars.

I fully agree with the opinion of depositors that a broad discussion about the progress in resolving problems related to paying off debts to them should not turn into a manipulation of public opinion, as well as a means of putting pressure on the DIA, the bankruptcy trustee, and the Central Bank of the Russian Federation. The activities of scammers offering "cooperation" should not even receive an embryonic development, and that is why the DIA was obliged to warn about this.

I think that everything should be carried out exclusively within the legal field. Considering the experience of the current situation (and not only with our Bank), I suggest that you also think about improving legal procedures. The shortcomings of our legislation can play a cruel joke both with market participants banking services as well as with their contributors and clients. After all, we are well aware that the main problem that arises in the bankruptcy of any bank is the degree of satisfaction of the requirements of depositors and other creditors.

Therefore, some calls that lead away from resolving this problem are just populism. In vain are some activists of your movement trying to manipulate public opinion by their efforts, turning their behavior into a fashionable political brand of “offended by the authorities”.

Almost all of the Bank's data required for repayment of the Bank's obligations have been restored. It only takes time to collect debt from the Bank's borrowers in order to pay off depositors and customers. Both the DIA and the bankruptcy trustee are now looking into this and working on it. Therefore, there is no need to replace legal procedures by replicating cheap political insinuations.

Unfortunately, I do not currently have any authority to influence the course of the process. However, I am very interested in a speedy resolution of the problem that has arisen. That is why I have been and am still working on the restoration of the Bank's data, including credit files, I meet with borrowers, I convince them of the need and inevitability of paying off obligations to the Bank.

It seems to me that it is more rational for us to join forces, since our tactical goal is the same - the most complete satisfaction of your claims, and my strategic goal is to reduce the likelihood of such situations with efficiently operating credit institutions. That is why I have now proposed a number of amendments to the legislation aimed at reducing the risk of losses for depositors, as well as for the credit organizations from the actions of unscrupulous managers.

Now, in my opinion, they are trying to draw depositors into a campaign to discredit the activities of the bankruptcy trustee, the former management, the owners of the Bank, law enforcement agencies, the Central Bank, the DIA, etc. But there is no point in undermining their credibility: we have no other organs. Objectively, the Bank's documentation is available, the DIA is working with this database, and this work should not be interfered with, it should be assisted within the framework of existing legal procedures. And of course, control.

Of course, in our democratic society, laws, even despite their imperfection, still guarantee competitiveness and information openness to all citizens. But one should not use this legal opportunity as conditions for deliberate actions to satisfy one's personal ambitions.

I am grateful to you for your understanding and I am always ready to provide all possible assistance in order to satisfy your legitimate requirements to the fullest extent.

Sincerely, Ex-Chairman of the Board of Directors of CB "Holding-Credit" V.S. Chernikov.

A small and inconspicuous bankrupt bank "Holding-Credit" became the second in history Russian system deposit insurance in terms of the amount of payments, skipping forward only the infamous "AMT Bank": for payment insurance compensation about 11,000 depositors applied to Holding-Credit in the amount of about 5.49 billion rubles.

On February 19, 2013, the bankruptcy trustee of the bank, the Deposit Insurance Agency, actually admitted that the depositors of Holding-Credit would receive practically nothing: all the bank's major borrowers simultaneously announced voluntary liquidation and bankruptcy.

The history of the bankruptcy of this bank, owned by Vladislav Chernikov, the chairman of its board of directors, began in early 2011, when the tax authorities demanded to pay additional value added tax to the budget in the amount of 1,125,003,749 rubles and a penalty in the amount of 655,683,150 rubles, since it turned out that the bank , which has been actively trading, according to documents, in gold bars since 2006, illegally withdrew 6,247,814,283 rubles from VAT. Holding-Credit for such operations showed transactions in the interbank market in accounting, but in fact, gold circulated in fly-by-night companies associated with the bank's management, and did not go beyond the bank.

Holding credit carefully concealed claims tax authorities and went to court. On May 31, 2011, the bank won the first instance. However, the appeal and cassation in October and December 2011 sided with tax office. When the bank lost step by step each subsequent instance of the arbitration dispute, its management did everything to hide the essence of the claims of the tax authorities from depositors. Although it is clear that the bank is technically bankrupt, it became already in October 2011. The situation in the bank became public only in February 2012, when the Supreme court of Arbitration Russia finally confirmed the legitimacy of the decision of the tax authority. Why Inspection No. 50 and the Central Bank did not introduce temporary administration to the bank at the beginning of 2011 is an inexplicable mystery.

The bank did not have the opportunity to satisfy the requirements of the tax authorities, since the bank's capital was 934.3 million, and after paying the tax, therefore, the amount of own funds from Holding-Credit would become negative, since the bank's own funds are less than debt. By this time, the volume of deposits individuals in the bank "Holding-Credit" exceeded 7.3 billion rubles.

On May 5, 2012, the bank stopped operations with individuals and legal entities, referring to the holding of a sanitary day in connection with the preparations for the Victory Day. After that, on May 10, information that the bank was “closed for depositors” was published by such financial publications as Vedomosti, “ RBC daily"and Forbes, and the Central Bank of Russia on May 12 blocked the correspondent account of the bank, and on May 16, by order No. OD-352, revoked the license for banking operations. On June 26, 2012, the bank was declared bankrupt.

According to the provisional administration of the Bank of Russia, at the time of revocation of the license, the assets of Holding-Credit Bank amounted to 1,941,882,000 rubles, and the total amount of liabilities to all creditors, including the Deposit Insurance Agency, which paid 700,000 rubles to depositors, as of the date of revocation of the license amounted to 8.023.194.000 rubles. In other words, if all the assets of the bank could be sold, each depositor would receive 24 kopecks per 1 ruble of claims.

Of course, given the huge difference between the “hole” of 846.7 million rubles according to the results tax claims and the loss of 6 billion rubles at the time of the license revocation, all depositors were interested in the question, where did the bank's assets go?

The Central Bank and the DIA offered to deal with this to the investigators of the Moscow police, where on August 21, 2012, criminal case No. 28332 was initiated, which was instructed to investigate by the senior investigator of the 2nd department of the SC GSU of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow, Major Krylov P.P.

Major Krylov found that at the beginning of May 2012, in the premises of the Holding-Credit bank, located at the address: Moscow, Baumanskaya st., 21 bld. ", JSCB "Investtorgbank", and others big banks on the total amount in the amount of 929 million rubles, for bills issued by "dummy" LLC "Continent", LLC "Leader", LLC "Meridian", LLC "TorgSnab", having no real value and real liquidity.

Neither the chairman of the board of the bank, Natalya Dobryakova, nor its actual owner and chairman of the board of directors, Vladislav Chernikov, were charged by the investigation, cynically establishing that "unidentified persons from among the bank's managers" committed embezzlement, that is, a crime under Part 4 of Art. 160 of the Criminal Code of the Russian Federation. Major Krylov was not embarrassed by the fact that the bank's documents had disappeared somewhere, but banking server with all the postings, guest workers accidentally broke it.

The happy ex-owner of the bank, Vladislav Chernikov, became so impudent from impunity that he circulated an “open letter” to the media, blaming the tax inspectorate for the tragedy of ordinary depositors, and gave several interviews in the business media. According to him, the bankruptcy of the bank could have been avoided if it were not for the shortcomings of the legislation, the formality of the procedures, the interference in the work created by the security forces, and the constant information attacks. Chernikov, who avoided responsibility, preferred not to talk about the stolen VAT, lost bills and deception of depositors throughout 2011.

The loss of a deposit in a bank for every person is extremely unpleasant. The feeling of this is exactly the same as if you find out that your apartment was robbed. What people hunchbacked for, what they hoped for, dreaming of spending in the future, was gone. But for some, losing a deposit is a tragedy. These are loans taken from another bank, ruined small businesses, missing old age; and even one-fourth of the amount of the deposit can somehow support in a situation of loss of the entire amount.

The main asset of the bank "Holding-Credit" was its loan portfolio, most of which is accounted for by 5 companies: MerckTrade LLC (principal debt - 206 million rubles), Bananadrim LLC (principal debt - 195 million rubles), InvestProm LLC (principal debt - 199 million rubles), LLC ProdImport (debt on the principal debt - 168 million rubles and 1 million US dollars) and LLC GlobalFruit (debt on the principal debt - 65 million rubles).

All these companies are controlled by representatives of the Azerbaijani national diaspora in Moscow, they import dozens of tons of fresh berries, vegetables and fruits, mushrooms, and in 2012 had multi-billion dollar turnover. The main part of the turnover of these companies is accounted for by green bananas, which undergo a process of gassing (ripening) in specially equipped warehouses in Moscow.

Immediately after the introduction of temporary administration in the bank in May 2012, all these companies disappeared somewhere, neither workers nor Cell phones managers, and the bank itself lost any documents for loans and collateral. Over the next few months, all vegetables and fruits pledged to the bank, stored in a huge refrigerator at the Kuzminskaya fruit and vegetable base at 4a Ryazansky Prospekt, Moscow, were sold out, and the companies themselves actually ceased their activities. However, as soon as it became known that on October 17, 2012, Major Krylov found some of the missing documents in the bank, all companies announced voluntary liquidation, the message of which was secretly published without sending notifications to creditors on December 19, 2012. If none of the creditors had declared their claims in writing within two months, they would be considered repaid on the basis of the Civil Code of Russia.

The most interesting thing is that the owners and managers of these borrowers are well known, these are the Askerov brothers - Akber Isah oglu and Shahvalad Isah oglu, their proxies Yusubov Kamandar Sirach oglu, Veysov Bahman Yusif oglu, Aliyev Yusif Ismail oglu, his son Aliyev Sanan Yusif oglu. Their closest partner in the vegetable business is Yan Yanovich Sukenik, head of CJSC Kuzminskoye. During the fruit and vegetable trade, this Azeri syndicate has built a professional team of purchasing managers, recruiting only those who are fluent in Spanish and English, and they have set up businesses for the sale of imported goods in several regions of the country. But, as soon as the opportunity arose to steal and not return just a billion, they immediately took advantage of it. Having stolen a lot of money, scammers do not hide anywhere and continue to do business. It turns out that “solving” the issue in the infamous 2nd department of the Main Investigative Directorate of the Main Directorate of the Ministry of Internal Affairs of Moscow costs much less than returning money to depositors? As you can see, neither the bank's management nor the Azerbaijanis are in danger. But Major Krylov received information about Azerbaijanis back in October 2012!

Despite the fact that the original plan - to liquidate the borrowers quietly, without publicity - failed, the Azerbaijanis switched to the second option and proceeded to bankrupt the companies. To do this, the liquidator Smirnov Alexei Igorevich proposed to transfer their management to a formally independent arbitration manager from the Krasnodar branch of the Samara SRO of arbitration managers Barilo Andrey Anatolyevich, who, for a moderate fee, promised to “bury” firms that were no longer needed, without carrying out activities to search for money missing from the accounts of these companies .

Neither the Azerbaijanis, nor their accomplices - the liquidator and bankruptcy trustee were even interrogated, they were not searched. For some reason, all this suits Major Krylov. But it does not suit the deceived depositors of the Holding-Credit bank at all.

For several months, depositors tried to get results from the former management of the bank and the Deposit Insurance Agency in restoring lost assets. Recently, depositors took to the streets to defend their claims. The investors created an initiative group consisting of lawyers Arpine Movsisyan, Elena Rodina and Vladimir Soboraichuk. They achieved the inclusion of their representative in the committee of creditors. But they want more - results. The contributors made their headquarters cafe "Mu-Mu" on the street. Rozhdestvenka in Moscow, created a special website on the Internet to discuss further steps: http://www.holdcred.com. Not so long ago, Elena Rodina wrote that if the former management of the bank does not get in touch in the near future, she will take "extraordinary measures."

- Vladislav Stanislavovich, for many years, Holding-Credit Bank has maintained a reputation as a reliable and dynamically developing financial institution. And suddenly - the cessation of activity. What happened?

Bank "Holding-Credit" really worked stably and efficiently. For all 18 years of activity, there was not a single serious sanction, because they always worked with a good result, and the checks were excellent. What happened in May - the revocation of the license - is, in my opinion, a tragic accident, the result of the imperfection of our legislation. It all started with the fact that the tax inspectorate charged additional VAT in the amount of almost 1.8 billion rubles for a transaction with precious metals. We did not agree with this decision, filed a lawsuit and won the first instance. But they did not defend their interests in subsequent ones. I was ready to pay additional taxes, but the Bank of Russia within two weeks (just in time for the May holidays) issued three instructions to the bank in a row to increase reserves, and the first was accompanied by blocking the correspondent account. With all the desire to fulfill it, we did not have the opportunity. And according to the law, after three sanctions, the license should be revoked, which happened.

- And depositors, of course, immediately panicked. There were pickets outside the bank's office. The situation began to acquire all sorts of rumors: the bank went bankrupt, the management is hiding. In general, everything is gone ...

The excitement of depositors is understandable: the bank is closed, and the money remained in the bank. But neither the management nor the managers did not hide from the clients-depositors and did not go away from the problems. We actively cooperated with the Deposit Insurance Agency, with the provisional administration. I have personally dealt with central bank, communicated with our clients, with journalists. He explained that the bankruptcy of the bank was not criminal: the license was revoked not for illegal operations, but for a formal reason - failure to comply with the order.

- But depositors still do not calm down. The situation is aggravated by forums on the Internet.

There are objectively no grounds for investors to worry. The Deposit Insurance Agency has already paid out almost 5.5 billion rubles, and 1 billion rubles of uninsured deposits remain. The loan portfolio covers all obligations to depositors. Now systematic work is underway to collect debts from bank borrowers, we are also actively helping in this. It just takes time. It is necessary to show a little restraint and patience, and as the money comes in, all of them will be returned to depositors in the first place. The main thing is not to succumb to informational speculations and provocations of scammers who want to profit from someone else's misfortune.

- Some dubious businessmen, posing as employees of the Deposit Insurance Agency, promise to speed up this process for a certain fee.

I want to warn investors: do not fall for the tricks of scammers who seize the moment and sow panic, deliberately mislead people in order to profit at their expense. Once again I assure you: debts will be repaid to everyone in the manner prescribed by law. By the way, the money was fully returned to the Kuryan depositors. In the most difficult days for the bank, I lived with the thought of fulfilling my obligations to my countrymen.

- Some kind of strange bankruptcy turns out: the bank's license was taken away, but the depositors did not suffer. The only losers were the state, which insures deposits, and more than a thousand qualified bank employees who lost their jobs.

Bankruptcy of the Holding-Credit Bank is indeed non-standard: the activity of an efficient credit institution, which before its closure ranked 26th among Russian banks in terms of taxes paid to the budget, was terminated. In our case, this did not result in huge losses for depositors: the Deposit Insurance Agency acted promptly and professionally, so most clients received their money back very quickly. But the budget did not receive the money that the tax inspectorate accrued to us.

- Sadly, but it turns out that your license was revoked by law.

Yes, it was done within the law. But the law is formal, which is why the legal norm must be precise, clear and enforceable. A different approach to the subject entrepreneurial activity, whose work is of a public nature and directly affects the interests and rights of citizens, in my opinion, is unacceptable. After all, if our bank were granted an installment plan, we would eventually pay off the claims of the tax inspectorate. Then the budget would receive income, and investors would not worry about their money. But the regulator did not give us such an opportunity, acted radically and revoked the license. Although the law on banking period for issuing orders is not specified. It has been said many times over the course of the year.

- It turns out that any credit institution can be closed in a few days?

Yes it is. And there is no chance to jump out of such a loop. And it is not a fact that every bank whose license is revoked will pay off its depositors. We know such examples. I wish there were no such examples. It is worth noting that the bank's tax problems began due to dubious decisions made by managers involved in operations with precious metals. However, the responsibility of the bank and officials is not legally divided. So it turns out that "Holding-Credit" is closed, and the same managers continue to work in banking, creating a potential threat to other credit institutions.

Therefore, using the sad experience of our bank, I have developed a number of amendments to the legislation aimed at protecting the rights and legitimate interests of depositors, creditors and credit institutions from the actions of unscrupulous third parties. I also propose to provide for the possibility of providing a real deadline for the execution of the order, an installment plan for paying tax. These proposals have already been published in several legal publications and submitted for discussion to the banking community in the Association of Regional Banks, of which Holding-Credit was also a member. I sincerely hope that all this will prevent the closure of honest banks in the future, preserve efficient taxpayers and strengthen the confidence of depositors and customers in the banking market.

Interviewed by Ekaterina RYABININA
Moscow city

Bankruptcy of "Holding-Credit" has been disturbing both depositors and journalists for half a year

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But it looks like everything ends well for the first. Most depositors have already received their money from the Deposit Insurance Agency (DIA), while the rest hope that the DIA will receive money from the bank's borrowers. This week, the DIA reported that Holding-Credit's loan portfolio is 8-9 billion rubles, which will apparently close all issues related to obligations. State Duma Deputy Anatoly Aksakov, President of the Association of Regional Banks, also spoke about the same this week in an interview with Business-FM radio, that Holding-Credit has enough funds to answer the bills. We are used to the fact that when banks fail, depositors - ordinary people - are left with nothing. This is already in our genetic memory - 1993, 1998, 2008. But the situation with "Holding-Credit" looks different, not in Russian somehow. The bank's license was revoked, and it turned out to have more assets than liabilities. The bank was accused of hiding the databases, and then - last week - miraculously everything was found. The depositors suspected that the management had disappeared, but it had not gone anywhere and was apparently working with the DIA to liquidate the bank. Therefore, the situation with "Holding-Credit" can be called the main financial history of the year. A story where only business owners suffered.