To the Head of EU Delegation in the Republic of Moldova Pirkka Tapiola
To the U.S. Ambassador in the Republic of Moldova James Pettit
To the German Ambassador in the Republic of Moldova Ulrike Knotz
To the Romanian Ambassador in the Republic of Moldova Daniel Ionita
To the Austrian Ambassador in the Republic of Moldova Christine Freilinger
To the French Ambassador in the Republic of Moldova Pascal Vagogne
To the Swedish Ambassador in the Republic of Moldova Signe Burgstaller
To the Hungarian Ambassador in the Republic of Moldova Mátyás Szilágyi
To all the Parliamentory fractions leaders
from Veaceslav Platon, temporary hold
in the Penitentiary No. 13 of Chisinau City
Honorable Ambassadors! The “Theft of the Century” had been meticulously planned and carried out by the people who were able not only to affect the Government, but also to be such Government. To get hold of the National Bank reserves they had to change a great number of Laws and Government Regulations. This is a multi-level criminal campaign, but not a spontaneously arisen emergency situation. The chronology and accuracy of changes in the legislative environment itself provides evidence of forethought and organized nature of this process. After analyzing the course of events you shall easily find the requester and the actual perpetrator of this much-publicized crime, which had overwhelmed not only the Moldavian nation, but also the whole world community. I would like to mention that Moldovan National Bank reserves comprised the money of IMF, the money obtained from the European Commission grants, from the U.S. Government and other international grantors.
Being wrongfully accused of this crime based on a framed-up criminal case I am deprived of the constitutional right to be heard. The law-enforcement authorities and the investigative agencies deliberately do not take into consideration my testimony, which give evidence against the real perpetrators of this crime. All my applications to the Court, to the Prosecutor’s office and to the other competent bodies have been systematically and unreasonably declined the fact that itself gives evidence of a paid-for format of the criminal prosecution initiated against me. As a result, all my constitutional rights are infringed the fact which is inappropriate for the state which follows the course of European development and espouses democracy.
Due to this precise reason, totally given up on Moldovan justice, I have no choice but turning your attention to the situation created on the basis of this much-publicized crime.
At the end of November 2014 in three banks of the Republic of Moldova – Banca de Economii, Banca Sociala and Unibank were issued loans totaling 1 milliard $. The consequence of this unprecedented action was the destabilization of the country’s economic situation, which led to the devaluation of the national currency against the euro and the US dollar. This illegal act was committed by an organized criminal group, headed by its leader Vladimir Plahotniuc, first deputy chairman of the Democratic Party of the Republic of Moldova. The members of this group, among them high-ranking government officials, such as: the President of the Parliament of the Republic of Moldova Andrian Candu, the Prime Minister Iurie Leanca, the president of the National Bank of Moldova (NBM) Dorin Dragutanu, distributing in advance the role, acted in concert and in accordance with the criminal plan. This plan has been carefully developed by them at the beginning of 2013, which made it possible to prepare the possibility of crimes committing and destruction in afterwards of all the evidence, in order to avoid criminal liability.
Thus, according to the scenario in which the actions of even the most insignificant personalities were clearly planned and pre-conditioned by the coordinator, on January 30, 2013, the citizen Victor Gurau, at that time, a PCRM member, using the position of a political analyst, that he himself secured for himself, holds a press conference. At this press conference, Gurau reports that according to the IMF report, Banca de Economii of the Republic of Moldova is on the verge of bankruptcy. Here, are all the TV channels of Plahotniuc (at the time known with precision that the latter is the owner of such channels as PRIME, PUBLIKA TV, CANAL 2 and CANAL 3) pick up this topic in the media, attracting more «false» analysts such as Roman Mihaes, Anatol Caslaru, Oleg Cristal, Traian Vasilcau, Corneliu Gandrabur, Veaceslav Balaci, Vitallie Catana, to support the statement of Gurau. On 08.02.2013 the TV channel Publika reports that «According to Victor Gurau,» only for the period 04.02.2012 — 07.02.2012 from the accounts of BEM, 12.615 depositors withdrew their money, and the withdrawn amount was of 208.970.626 lei, and in some branches of Banca de Economii due to lack of funds, according to the procedure of withdrawing money in cash was established a limit in the amount of 50,000 lei. Banca de Economii has funds only for the next 7 days”. Moreover, on the site of free announcing www.999.md was provided information on the possibility of withdrawing money without waiting in line, urging citizens to do so as soon as possible. On 15.02.2013, on the site www.politik.md (long and firmly established itself as a site to disseminate information, convenient for V. Plahotniuc), posted a letter of the President of the NBM Dorin Dragutanu with the following contents: «Despite the fact that Banca de Economii has sufficient liquidity, in the present, it was faced with significant withdrawal of deposits. Thus, for the period 1 – 7 February from Banca de Economii, were withdrawn deposits from individuals in the amount of 223 millions of lei (15.654 persons), including pre-term withdrawal in amount of 78 millions of lei (1,226 persons). During the same period, the legal entities withdrew the net amount of 128 million lei. It is possible that the withdraw rate of deposits will increase in this week.”
Next, Dorin Dragutan says: “In order to restore the confidence in Banca de Economii and avoid the liquidation of the bank, on 31.03.2013 we need urgently to take concrete steps in capitalization of the bank as soon as possible. The timely and unconditional support from the state — this is the only saving solution for Banca de Economii”.
All these pseudo-dangers and widespread feeding information by the subordinates of Plahotniuc TV channels about the alleged problems in Banca de Economii, was staged for the sole purpose of creating panic in the banking system, followed by a loss of confidence from the part of the population to the BEM, the withdrawal of deposits by the people and the subsequent decline in the value of shares. The aim of this provocation is to promote the possibility of acquiring the bank at a reduced cost and to capture the governance.
On February 22, 2013 with the Resolution of the Parliament no.16 a vote was taken on the establishment of the Commission of Inquiry to ascertain the circumstances of the control package of shares of the state in Banca de Economii SA. Earlier, on 17.08.2012, the same thing happened with CB » UNIBANK «SA, which shares were sold and transferred to the 21 new shareholders. Thus it was captured the control of the bank.
This was followed by CB “Banca Sociala” SA, whose shares in the period from 08.05.2013 to 30.05.2013 were sold to relatives and close people of Israel citizen Ilan Shor, one of the most loyal and dedicated supporters of Vladimir Plahotniuc. The control of the CB “Banca Sociala” SA was transferred in the same order. On 05.08.2013, when the purchase of shares begun in CB “Banca Sociala” SA, Moldova citizen Ivan Crivceanschi, who at that time held the position of a board member, was elected the chairman of CB “Banca Sociala” SA. He was on this position until April 29, 2014, when Ilan Shor became a member of the Management Board of Banca de Economii and on 30.04.2014 even became the President of the Board. The acting president of the bank was appointed Viorel Birca for which was also distributed a role in the fraud.
After the control on CB «UNIBANK «SA, and CB “Banca Sociala” SA was taken over, the completely organized criminal group started to seize control over the Banca de Economii. The new fraud, although it was produced as a direct result of the above actions, in practice, proved to be more difficult to implement, since there was a need to involve government bodies, for the management of whose was vouched Vladimir Plahotniuc, who at that time had already acquired control levers and control over the majority of public institutions. Thus, in May 30, 2013 was elected the Leanca Government and immediately after its election, Vladimir Plahotniuc started to realize the plan to seize control over the Banca de Economii.
On 19.06.2013 (two days before the submission of the report of the Commission of Inquiry to ascertain the circumstances of the control package of shares of the state in Banca de Economii SA) the Minister of Economics Valeriu Lazar (person, directly subordinated to Vladimir Plahotniuc) presented at the Government meeting the draft decision no. 414 «for the approval of the Regulations on the attraction of investments in commercial companies with public or private capital.»
As part of the same Government meeting, Prime Minister Iurie Leanca, who has already played an important role in Vladimir Plahotniuc schemes proposed to explain the contents of paragraphs 34 and 37 of the Regulation, which served to the delay of approval. And the decision at No. 414 in the end was dated on 06.12.2013, that is for the same day when the report was submitted by the Commission of Inquiry, mentioned earlier.
Thus, the Resolution of the Government No. 414 was approved on the basis of Article 19, paragraph (3) of the Law No. 121 – XVI from May 4, 2007 on management of public property and its privatization, which in the version from 19.06.2013, that came out with the following content: «The selection of private investors, as well as the involvement of public investment for the development of commercial companies with public or public-private capital made in order established by the Government” According to the Resolution No. 414 from 21.06.2013, where in the paragraph 5 is specified a category of persons who may be investors. This quality can be awarded to: a) physical and legal entities, residents of the Republic of Moldova; b) foreign legal entities with fully private capital, foreign citizens and persons without citizenship in accordance with applicable law; c) the companions of persons referred to in points a) and b) of this paragraph.
In such circumstances, by the said Resolution was practically excluded the right of the state to participate in investing in the development of society, for all that, at that time, based on the provisions of Article 19 paragraph (3) of Law 121-XVI from May 4, 2007 on the management of public property and its privatization, this rule was provided. Thus, it follows that the Resolution No. 414 from 21.06.2016, was nominated and subsequently approved only in order to legalize the acquisition of additional shares and seize control of the Banca de Economii.
Moreover, in order to hide the illegality, performed by the Minister of Economy Valeriu Lazar, in collusion with the Prime Minister Iurie Leanca, on 07.05.2013 within the Parliament meeting was considered in the first reading, the draft law no. 2733 from 12.12.2011, by which was amended the Law 121-XVI from 4 May 2007 on the management of public property and its privatization. And especially art. 19, by which from the paragraph (1) was dropped the text «or sale on investment contest of shares package that is in the public property» and of paragraph (3) the phrase «public investment» was changed to «private investment». It should be noted that the draft project no. 2733 has not been discussed, since it provided the regulations of Parliament, nor in the framework of the meeting of the commission of Economy, Budget and Finance, or other special committees (the legal commission, for example). Thus, an amendment of Article 19 of the Law on the management of public property and its privatization «passed» for approval without debate. The change came into force on 24.08.2013, after which Banca de Economii was captured.
In June 21, 2013 the Parliament adopted the Resolution no. 152 about the report of the Commission of Inquiry to ascertain the circumstances of the control package of shares of the state in Banca de Economii SA and the situation of the financial and banking area of the Republic of Moldova.
Through the report the Commission of Inquiry to ascertain the circumstances of the control package of shares of the state in Banca de Economii SA and the situation of the financial and banking area of the Republic of Moldova one of the following options was recommended: 1. Nationalization of Banca de Economii, 2. The transfer of control of a private investor with the state retaining a blocking stake. Increase of the authorized capital of the debtors Banca de Economii (from rows of public enterprises),those who have overdue loans in this bank, for the purpose of their repayment.
Thus, the Parliament Resolution no. 152 from 21.06.2013 has not been decided which of the recommendations of the Commission of Inquiry is the most appropriate and is subject to implementation.
Only through Article 2, letter c) the Parliament Resolution no. 152 from 21.06.2013 was given an order that “the Government, in a 60-day term established measures to overcome the situation related to the capitalization of Banca de Economii SA”.
It turns out that Iurie Leanca, as Prime Minister and Minister of Economy Valeriu Lazar, continuing their criminal acts contrary to the provisions of Art. 2, l. c) of the Parliament Resolution no. 152 from 21.06.2013, do not resorted to the establishment of solutions, which would allow to avoid the decapitalization of Banca de Economii, but on the contrary, following the criminal plan, organized by Vladimir Plahotniuc, on 26.06.2013, proposed to approve the Resolution of the Government no. 424 from 27.06.2013, regarding changes to the application X 2 to the Resolution of the Government M 919 from July 30, 2008, namely, changing the original composition of the Commission for the commercial and investment contests on privatization of state property.
Thus, the chairman of the commission has been appointed the Vice Minister of Economy, Director of Public Property Agency Dumitru Godoroja; Vice-President of the Commission – deputy director of Public Property Agency Angela Susanu.
In this situation, the Minister of Economy, who was obliged to find a solution to overcome the situation related to the de-capitalization of Banca de Economii SA, continued to propose for approval only those decisions that serve the interests of a single person named Vladimir Plahotniuc, only for usurpation of state power through destabilization of the economic situation. Namely, the change of the commission, stuffed with people of Plahotniuc, was required for the use of Resolution no. 414 from 21.06.2013 with the aim of seizing control over the Banca de Economii SA.
Thus, as a result of forming of the above mentioned commission, a day after its inception, namely 28.06.2013, a group of minority shareholders of Banca de Economii addressed to the Chairman of the Board of CB «Banca de Economii» SA and the Ministry of Finance regarding the additional closed share issue on money accounts.
In turn, the Ministry of Finance on 01.07.2013 sent a request for the minority shareholders on 28.06.2013, in the — Ministry of Economy.
On July 9, 2013 by a petition no. 77 –c, the National Bank of Moldova presented to the Ministry of Economy, the message of the urgent need to resolve the situation of Banca de Economii.
In 11.07.2013, by a petition no.34 to the Commission for the commercial and investment contests on privatization of state property (composition changed on 26/06/2016), who consented to the additional issue of shares in the Banca de Economii and non-participation of the state in the authorized capital increase of Banca de Economii because the state does not have the financial means for attendance. As mentioned above, the composition of this committee included Vice Minister of Economy, Director of Public Property Agency Dumitru Godoroja, and Deputy Director Angela Susana.
These individuals who led the Public Property Agency, on 15.07.2013, the Agency consented to the additional issue of shares.
Thus, those persons using powers given to them by Government Resolution, adopted unlawfully, have decided to issue additional shares without state participation. At the same time, as mentioned above, on 12.07.2013, approximately at 21:00, the Parliament adopted changes in the Law No. 121-XVI from May 4, 2007, on the management of public property and its privatization, which came into force from 24.08.2013.
Because of the mentioned actions implemented by using state power in making certain laws in privatization Banca de Economii, on 15.07.2013, the National Bank approved the new composition of Board Council of Banca de Economii, namely AngelaVoronin and Mihail Hincu, old friend of Ilan Shor.
On the same day, of 15.07.2013, on the basis of a decision of the Council of Banca de Economii, it was adopted the order to the convening of the Extraordinary General Meeting of Shareholders of the Bank on 08.02.2013, at the time 11:00, with an agenda «to increase authorized capital of the Bank through the implementation of additional closed issue of shares”.
On 01.08.2013, a group of minority shareholders, which initiated on 28.06.2013 an additional issue of shares, signed an agreement with representatives of the State: Vice Minister Victor Barbaneagra and deputy director of the Public Property Agency — Angela Susana (the person who practically participated in the framework of the Agency and within the Commission, and took advantage of the right to an additional share issue and the non-participation of the State). This agreement provided the right of minority shareholders to privatization of Banca de Economii.
On the second day, namely, on 02.08.2013, the Extraordinary General Meeting of Shareholders of BEM decided to increase the capital without the state, and namely, the State de jure loses majority stake in favor of the minority shareholders, which was on 01.08.2013 concluded an agreement.
Thus, in the period of 07.08.2013-23.08.2013, took place the first stage of signing and after August 23, the whole package has been equally distributed among all the private shareholders.
At the same time, on 08.13.2013, by the Government of Leanca was introduced a draft project no. 348 about the amending and supplementing of the Law No. 419-XVI from 22.12.2006, on state public debt, guarantees and re-crediting. For all that, that the authorities refer to the fact that they had no money for the state’s participation in the additional issue of shares, already, the Leanca Government initiates change in the law for the issuance of state guarantees. So, the preparation was launched a year and 3 months before issuing state guarantees for the theft of the milliard.
According to the protocol no. 115 from 29.08.2013, the Bank Council approved a report on the results of the additional closed issue of shares, the list of the three signatories, and regarded the issue of shares as carried out due to the fact that the total number of subscribed shares amounted to 100% of the value of the securities, declared for placement.
The release was confirmed by the authorization of the National Bank of Moldova and the decision of the National Commission on Financial Market no. 42/1 of 04.09.2013.
On 06.09.2013 the decision of the State Registration Chamber registered and entered into the State Register of Legal Entities changes in the statute of CB Banca de Economii SA.
Thus, as a result of unlawful decisions, most of the shares and control of Banca de Economii was transferred to “Informational Integrated Systems” LTD- an enterprise with foreign capital which owns a majority stake.
As a result of the fact that the state assigned a part of the shares of Banca de Economii, on 23.09.2013. Andrian Candu, said during a release program on the channel Protv that this is a good way out, since the nationalization of the bank needed one milliard lei. That suggests that the money should be taken from the financial resources provided for the pensions and salaries of officials (and this, despite the fact that after one year are issued 9.5 billion lei, do not think about the pensions and salaries of officials.). At the same time Candu also pointed out that the transfer of shares took place on the basis of the privatization of the public property law, which was adopted during the Communist’s rule. Through these statements it is evident that due to the transfer of shares in BEM Candu was trying to blame the law, which they themselves have changed on 12.07.2013, and by the Resolution of the Government of 21.06.2013, No. 414, which was adopted on the basis of the law, which was not valid.
Also Dorin Dragutanu reported on 16.09.2013, that the state transfer of the shares was the best solution. At the same time, he noted the fact that the aim was to rescue the bank with minimal effort from the budget that in a year, from the state reserves will be withdrawn more than 13 milliard lei.
On 03.10.2013, in the Parliament, consideration of the draft was included in the agenda:
- Draft of the Resolution no. 387 from October 3, 2013 to the hearing regarding the additional paragraph of the closed share issue of Banca de Economii SA and regarding the impact on the concession of assets of SE “International Airport Chisinau”.
- Consideration and adoption of the draft of the Resolution no. 390 from October 3, 2013 on the result of the hearing on the situation in Banca de Economii SA and concession of SE “International Airport Chisinau”.
During the meeting of the Parliament regarding the additional issue of shares were heard: the President of the National Bank of Moldova Dorin Dragutanu; the Minister of Finances Anatol Arap; the Minister of Justice Oleg Efrim; the Vice-Chairman of the Administrative Council of the National Commission on Financial Market Iurie Filip; Vice- Minister of Economy Dumitru Godoroja; Vice – Minister of Finances Victor Barbaneagra.
At the meeting of Parliament on 10.03.2013, at the foundation of which was laid the consideration of legal action by the additional issue of shares, Iurie Leanca did not participate. In fact, by the Resolution of the Parliament no. 152 from 21.06.2013, it was determined to find a solution to overcome the situation related to the de-capitalization of Banca de Economii.
In his speeches, Dorin Dragutanu justified the legal action in the exercise of official duties that on July 11, 2013 the Commission for the commercial and investment contest on privatization of state property decided on the implementation of additional closed issue of shares of Banca de Economii. Without the participation of the state, but retaining a blocking stake. The state share decreased from 53.13 percent to 33.3 (3), plus a share. The public Property Agency has agreed with the decision of the commission, as of on 19/07/2013 the National Bank was informed. Thus, it becomes obvious why it was necessary to change the composition of the Commission for the commercial and investment contests on privatization of state property on 26.06.2013. What is was said above.
Dragutanu also mentioned, that this is the result, according to their calculations, and at the conclusion of these transactions, the capital of Banca de Economii will increase in a long term by about 980 million lei.
Anatol Arapu, the Minister of Finances, in his speech recalled the citizens of the Republic of Moldova, that they cannot be deprived of their property, that is to expropriate the share of the shareholders of Banca de Economii. Although the depreciation of the stake owned by the state, that is, the whole of society, it is a normal practice.
Also as part of the Parliament meeting, Anatol Arap said that the transfer of control to one private investor, with the state retaining a blocking stake, proposed by the Commission, fully complies with the provisions of the Resolution of the Government no. 414 from June 21, 2013, on the approval of the Regulations on the attraction of investments in commercial companies with public or public-private capital.
Thus, once again demonstrates the intention, at the Government meeting of 19.06.2013, to approve the Resolution of the Government no 414 as being illegal, as it was mentioned by me earlier, adopted on the basis of law, which does not even been changed. Iurie Filip, Deputy Chairman of the Administrative Council of the National Commission of Financial Market, said during the Parliament meeting that the State had and has a package in size of 13 million 172 thousand 436 shares. The only thing, to what all these actions have led is to the state loss of self – control of the management of society.
Thus, all the facts pointed by the report of Kroll Company, which mention that the seizure of control over the banks Banca de Economii, Banca Sociala and Unibank was organized on purpose, are confirmed.
Dumitru Godoroja, Deputy Minister of Economy, who was the chairman for the commercial and investment Commission on contests for the privatization of state property, responsible for the additional issue of shares and non – participation of the state in this matter, said that the Government does not make decisions in regard to the selection of private investors and attracting private investment in the development of commercial companies with public or public-private capital, since with this authority is endowed the Commission for conducting commercial and investment contests for privatization of state property in accordance with paragraph 8, provision on attraction of investments in commercial companies with public or public-private capital, approved by the Resolution of the Government no. 414 from 21.06.2013.
It becomes obvious that the Resolution of the Government no. 414 from 21.06.2013 it was decided, under the pressure from the government, and that it has practically been published with the aim to take over management of the bank Banca de Economii on 29.08.2013. As a result of the adoption of the Resolution of the Government no.414, Godoroja Dumitru was endowed with legal powers regarding the decision on the additional issue of shares and non-participation of the state in the matter.
Although, on 21.06.2013, as a result of presentation of the investigation report, Andrian Candu said that the Government will develop a solution that will be put forward for discussion in Parliament, these talks were only to mislead the public. As a result of the hearings, in the Parliament was adopted the Resolution of the Parliament no. 27 from 23.10.2013, which, in effect, legitimized the actions of authorities, which transferred the control of Banca de Economii. Again, Plahotniuc using its power over all state institutions and state power legitimized such a deal to take over the control of Banca de Economii.
According to this Resolution, in the articles was provided the following:
Article 5 – the Government, within 30 days will inform the Parliament on the measures taken on the enforcement of Article 2 of the Resolution of the Government no. 152 from 21.06.2013, and check the appropriate fulfillment of obligations assumed by the shareholders of the bank Banca de Economii SA, to increase the share capital.
Article 6 — The National Bank of Moldova and the National Commission of Financial Market will take all legal measures regarding legal provisions of banking market participants and market movables.
Article 7 — The Committee of Economy, Budget and Finance shall follow on the development of the situation in Banca de Economii, on the management efficiency of the state share and the observance of the undertaken investment liability by the private shareholders, and every six months to submit to the Parliament appropriate reports.
By the Resolution of the Parliament, was legalized the deal to take control over the management of the bank Banca de Economii, but not by the state authorities, authorized to monitor the bank Banca de Economii, which a result, deprived the state of property worth more than 13 milliard lei.
On 05.12.2013, a group of minority shareholders, particularly Igor Olecsici, Sofia Sugac, and Igor Calcii appealed to the Centru District Court, Chisinau municipality, with a lawsuit to CB “Banca de Economii” SA (Hereinafter referred to as the Bank), the National Commission on Financial Markets and the State Registration Chamber on the cancellation of the decision of general meeting regarding the issue of new shares, to cancel the decision of the Committee CB Banca de Economii SA, on approving the report on the cancellation of the decision of the National Commission on Financial Markets and the decision by the State Registration Chamber to amend the statute of CB Banca de Economii SA.
On 13.12.2013, in the Parliament in the first reading was considered the draft law no. 348, to make amendments and additions to the Law no. 419-XVI from 22.12.2006 on public debt, state guarantees and state re-crediting.
According to the draft law no. 348 was presented the Article no. 31 namely: «By virtue of his functions, established by the legislation, the Prime Minister of the Republic of Moldova can carry out any actions regarding to the conclusion of contracts of external state loans without express authority because of this.»
According to the notification Dj 8 no. 480 from 24.10.2013, of the Main Legal Department, the introduction of this article was not approved and was justified by the fact that the phrase «can carry out any actions» contains elements of corruption. It was also pointed to the fact that Parliament supervises the process of issuing state loans.
As part of the parliamentary hearing, the introduction of this article in the law was not approved. Later, I will give my opinion on the matter.
Continuation in 2014
On 29.04.2014, Ilan Shor became a member of the Management Board of Banca de Economii and on 30.04.2014 became the President of the Board. However, instead of Ivan Crivcianschi, on the position of the acting president of the bank was appointed Viorel Birca.
On 29.04.2014 was approved the new statute of Banca de Economii.
On 29.05.2014 for the draft law no. 348 voted on second reading to make amendments and additions to the Law no. 419 – XVI from 22.12.2006 on public debt, state guarantees and state re-crediting. By this law, the Prime Minister of the Government was permitted to issue state guarantees without the approval of Parliament.
Changes made to the Law no. 419-XVI from 22.12.2006 entered into force on 04.01.2015.
On 03.07.2014, instead of Valeriu Lazar to the position of Minister of Economy was appointed Adrian Candu. According to close the people of Valeriu Lazar, when he realized what he is drawn to, he refused to perform it. In this situation, it becomes obvious that Vladimir Plahotniuc has required in this position a reliable person who would clearly and unconditionally realize his well-organized plan from 2013.
On 04.07.2014, at the Supreme Court of Justice in cassation was appealed the decision of the Court of Appeal regarding the lawsuit of minority shareholders on the cancellation of the additional issue of shares.
After Ilan Shor, by persons under the lead of Vladimir Plahotniuc, took over control of the bank Banca de Economii, and also, Banca Sociala and Unibank and appointed his own people, this criminal duo went on to the plan, by pumping money from the National Bank. For this Plahotniuc again had to use the state power in order to make changes to the laws for the implementation of the theft of assets of the NBM.
However, on 15.07.2014, Ilan Shor presented results and future projects related to the Banca de Economii after which begins the active promotion of the bank as «Cea Mai Mare Banca» (The biggest bank), in order to attract the biggest possible number of deposits.
Thus, on 21.07.2014, the Leanca Government has taken the first obligation on draft laws. One of the draft laws was adopted by the Government Resolution no. 612, which assumes responsibility for the draft law namely the inclusion of paragraph (1/2) to the law on preventing and combating money laundering and financing of terrorism: «The decision of the Service for the Prevention and Suppression of Money Laundering on suspension of the questionable activities or transactions may be appealed in the administrative procedure of the court, and the conclusion of the investigative judge on extend of the suspension or rejection of the questionable activities or transactions may be appealed in cassation proceedings, according to the legislation, by a person who feels slighted in rights. »
Also, it was added the paragraph (1/3) and (1/4), which provide an appeal procedure of the Decision of the Service on preventing and combating money laundering.
On 22.07.2016, Iurie Leanca, presented to the Parliament, also, this draft law. In relation to this draft law, Leanca stated the urgent need to admit without consideration of Parliament, the fact that “»The need for the proposed changes proved inadequate practice, which was the result of the implementation of the existing rules, governing the suspense effect of decisions of the Service on preventing and combating money laundering and conclusion of the investigating judge. Applying existing regulations reduces the effectiveness of security measures, which were ordered to be taken by the liable, for this, bodies.”
Thus, by introducing in an urgent way this paragraph of the law without examination and discussion in the Parliament, Iurie Leanca, started the first phase to eliminate obstacles to the withdrawal of money from the country. Moreover, as explained Leanca in regard to the weakening of the precautionary measure, this fact was included intentionally that the society will not accuse the authority of money laundering. For the same reason he did not suspend the implementation of suspicious transactions by which were seized money from the financial system of the Republic of Moldova.
Moreover, at the declassified transcript of Government meeting from 27.03.2015, at the page 6, the Minister of Finances, Anatol Arapu, he himself mentions that «The problem of bad credit loans in these three banks is long-standing. Indeed, in various ways it happened so that was kept in secret some financial instruments with the help of the legal instruments blocked dozens of decisions of the National Bank, which could not be stopped and continued on. «
Thus, it demonstrates the effectiveness of the adoption of the draft law on money laundering, which has given a free opportunity to Ilan Shore for withdrawal of money from the banking system, without any charges against state authorities.
On 10.09.2014, Ilan Shor said that he acquires Unibank, which will be controlled by the bank Banca de Economii.
Further, there is one key element in the process of withdrawal of money from the banking system, which fully supports the accusations of state authorities that they participated in the deprivation of citizens of the Republic of Moldova of monetary property, namely:
As mentioned by me earlier, in a statement of 05.29.2014, the Parliament voted on second reading of draft la no. 348, to make amendments and additions to the Law no. 419-XVI from 22.12.2006 on public debt, state guarantees and state re-crediting, which should have come into force on 04.01.2015.
Thus, despite the fact that the law has been amended, on 29.05.2015, the Minister of Finances, Anatol Arapu, presented on 19.09.2014, for the check of Ministry of Justice the draft law in order to amend the above mentioned law. Further, the Ministry of Justice sent to the Ministry of Finance the amendments that were to be made to this draft law.
As a consequence, on 09.25.2014, before the meeting of the Government in the Official Gazette were published the amendments of the Law 419-XVI from 22.12.2006, on public debt, state guarantees and state re-crediting, which has not even been discussed in the framework of the Government meeting. Namely in the Official Gazette under the no. 281b, Article no 813g it was published the Resolution of the Government no. 776 from25.09.2014. In other words, the Government had not even adopted it, but it had already been published in the Official Gazette. With such zeal was carried out the criminal plan that they didn’t have patience to wait. They really wanted to become millionaires.
Later, during a meeting of the Government on 25.09.2014, the Leanca Government again undertook a number of draft laws, among which was referred the mentioned draft law.
The same day, Minister Iurie Leanca presented the draft laws, by which were imputed political responsibility to the Government for these draft laws. In his speech he said: «In the morning of this day, dear deputies, the Government of the Republic of Moldova has assumed the responsibility for 7 laws, the entry into force of which is urgent. Also today, the Cabinet of Ministers made amendments to the document on public debt, state guarantees and state re-crediting in respect of the National Bank of Moldova and financial institutions. So I assured the authorities of financial banking system, and in particular, the National Bank of Moldova, in the presence of legal authority, sufficient to use them if necessary. «
If we consider this moment, an urgent need to amend the Law no. 419-XVI from 22.12.2006, on public debt, state guarantees and state re-crediting, it served as the basis for the provision of the first guarantee from11.13.2014, by the decision of Government no.938. It was important to make changes to this law on 25.09.2013, so at a later date, to withdraw money, already legally, from the banking system of the Republic of Moldova. Further, I will give a short description regarding to the adopted political responsibility in regard to the amendments of the law, which is proved by the aim of urgent amendment of this Law on 25.09.2013, adopted on 28.09.2014, under the no. 187 (even though it was Sunday).
Thus, Iurie Leanca, stated the need to urgently amend the law, and amended it as follows:
- In Article 3, paragraph (2) at the end of supplement text: «with the exception of resolutions on granting of state guarantees on the conditions of paragraph (1) letter A present … Articles that are approved by the Government.»
It should be noted that prior to the introduction of amendments in an urgent way by the Leanca Government on 25.09.2014, the following Article was as follows: “The agreements on internal state loans and resolutions and the provision of state guarantees approved by the Parliament.»
Thus, as a result of making urgent amendments by Iurie Leanca, through the mentioned article, to the Government was given the right to issue state guarantees.
It should be recalled regarding to the foregoing, when on 13.12.2013, in the Parliament, at first reading considered the draft law no.348 on amending and supplementing the Law no. 419 – XVI from 22.12.2006 on public debt, state guarantees and state re-crediting, and did not agree with the introduction of Art. 31, whereby «By virtue of his functions, established by the legislation, the Prime Minister of the Republic of Moldova can carry out any action regarding to the conclusion of contracts of external state loans without express authority because of this.»
Thus, assuming the political responsibility, the Government has received the right to issue state guarantees without permission from the Parliament.
- By means of this draft law, it was also introduced Article 351 which will gain four parts. I will read the first one.
Thus, according to Article 351 paragraph (1), which has been introduced, it provides: «The provisions of Chapter VI of this Law do not apply to state guarantees issued in cases of systemic crisis or the risk of their occurrence”. And since the risk of a systemic crisis, as well as floods and earthquakes exists always, then, money can be issued at any time.
This means that, in accordance with Chapter VI of, provided guarantees issuance procedure, which is still quite complex, and involves a number of acts of representation and, at the same time, the risk assessment.
In this case, by introducing this article, it has been eliminated the complicated procedure, and the sole purpose was to obtain only quick guarantees and depriving citizens of the Republic of Moldova of money.
- Also were amended the amendment acts, which have been introduced on 29.05.2014, and which were to come into force from 04.01.2015, and namely:
- In the content of Article 3 paragraph (1) letter f), after the words “system financial crisis” to add the words “or the risk of its occurrence” and the word “and” to be amended to “as well as government securities or state guarantees”.
I want to read the text that has been entered, on 25.09.2014, and was to come into force from 01.04.2015.:
Article 3, paragraph (1) letter f) “To issue, in situations of systemic financial crisis (there were introduced the words “or the risk of its occurrence”), government securities for the capitalization of banks, and (there were introduced the words “as well as government securities or state guarantees”) in order to guarantee emergency loans provided by the National Bank of Moldova in accordance with paragraph (3) of article 18 of the Law on the National Bank of Moldova no. 548 – XIII from 21.07.1995 on the basis of the decision of the national body set up to manage systemic financial crises”.
In this situation, on 25.09.2014, Iurie Leanca has completely changed the meaning of this paragraph, namely, it was not foreseen situations of risk of financial crisis occurrence, as well as not providing state guarantees for the issue of emergency loans.
- Article 6, the words «shall refer to the internal public debt» shall be replaced with the words «and the issuance of state guarantees can be carried out”.
Initially, on 29.05.2015, text sounded as follows: «The limits of public debt, including the limits of internal and external public debt, as well as limits of state guarantees at the end of the year are established by law on state budget. In cases appointed in Article 3 paragraph (1) lit. e), and f,) the issue of state securities will be regarded to the internal public debt (where it was replaced by the words: «and the issuance of state guarantees can be carried out») in excess of the limits set by the state budget law for the respective year. The increase of the limit of the internal state debt will have an impact of subsequent amendments in the state budget law for the respective year. «
To this manipulation has been granted the right to issue state guarantees in excess of the limits established by the law on the state budget, which further, on 13.11.2014, was given the possibility of issuing 9.5 milliard lei.
- As a result, taking the responsibility adopted by the Government, Leanca changed the entry into force of this Law, that was not on 04.01.2015, as it was provided on 29.05.2014 but on 10.10.2014, only with the aim to issue the state guarantee on 13.11.2014.
All of these amendments were initiated by the Vice Prime Minister Adrian Candu. Thus, in the situation it becomes obvious, the adoption of a law by the use of state power for personal purposes of Vladimir Plahotniuc.
After 25.09.2014, when the Leanca Government has assumed political responsibility and amendment of the law on public debt, state guarantees and state re-crediting of 30.09.2014, The Leanca Government starts to hold a secret meeting, which lasted until 20.10.2014.
Later, on 01.10.2014, the Supreme Court of Justice was delayed the admissibility of the cassation appeal filed by the minority shareholders on 04.07.2014, regarding the cancellation of additional shares on 08.10.2014.
On 08.10.2014, the Supreme Court of Justice decided that the cassation appeal is admissible, and the meeting was postponed to 14.10.2014.
On 10.10.2014 come into force the amendments of the Law no. 419-XV1 from 22.12.2006, on public debt, state guarantees and state re-crediting, which were introduced by Iurie Leanca, on 25.09.2014.
On 14.10.2014, the Supreme Court of Justice postponed the hearing on 29.10.2014.
On 29.10.2014, the Supreme Court of Justice postponed the hearing on 12.11.2014.
On 03.11.2014, Ilan Shor opens a new unit of Banca de Economii, located on 26/1 Grigore Vieru Street, Chisinau municipality. Again, Ilan Shor promotes Banca de Economii, by means of which calls on the people to trust this bank, in order to accumulate more contributions.
On 07.11.2014, The National Committee for financial stability, on the basis of the Protocol no. 2 proposes the Government to give the right to the National Bank to issue, to licensed banks, emergency loans amounting to 9.5 milliard lei, due to the stabilization of the financial system and the issuance of a state guarantee for the issuance of emergency loans granted by the National Bank.
The members of the National Committee for Financial Stability are:
- Iurie Leanca, the Prime Minister;
- Dorin Dragutanu, the Chairman of the National Bank of Moldova;
- Andrian Candu, The Minister of Economy;
- Anatol Arapu, the Minister of Finances;
- Cornel Gurin, the General Prosecutor.
Thus, these persons have decided on the need for issuing emergency loans by the National Bank and to issue a state guarantee.
On 13.11.2014, after 5:00 pm, the Leanca Government adopted the Resolution no. 938 from 13.11.2014 on the basis of the Protocol no. 2 from 07.11.2014 of the National Committee for Financial Stability, which allows the National Bank to issue to licensed banks emergency loans amounting to 9,5 milliard lei, due to the stabilization the financial system and issue of the state guarantee for the issuance of emergency loans by the National Bank.
The mentioned Resolution from 13.11.2014 was issued on the basis of amendments, introduced by Iurie Leanca, on 25.09.2014, by taking on political responsibility when adopting this law. So, by introducing these amendments, Iurie Leanca initially knew that the financial crisis will arise in the future.
At the same time, after the issuance of the guarantee in the amount of 9.5 milliard lei, on the same date of 07.11.2014, the Leanca Government approves the program of “Management of public debt in the medium term (2015-2017), approved by the Government Resolution no 939 from 13.11.2014”. This program has been approved for all that on 24.03.2014, by the Government Resolution no. 212; a similar program with reference to the national debt in the period of 2014-2016 was approved.
After the amendments of laws were adopted and the issuance of guarantee, on 13.11.2014, the Leanca Government changes the website of the Government, in the result of which, disappeared from the site all previously adopted resolutions, up to 14.11.2014, and appeared all meetings and resolutions from 14.11.2014. Who we can entitle this, unless the hiding of evidence?
Thus, it becomes obvious the amendments and additions of certain laws by taking on itself the Government’s obligations. There is the use of state power, only with the purpose of avoiding criminal responsibility for acts aimed at the dispossession of citizens of money means by issuing the guarantees.
On 12.11.2014, the Supreme Court of Justice postponed the hearing on 26.11.2014, and this was the fourth postpone.
On 17.11.2014, the Ministry of Finance issues the state guarantee no. 807.
On 26.11.2014, the Supreme Court of Justice postponed the hearing on 27.11.2014.
Further, the current situation becomes even more risible: for the period of 25.11.2014 – 26.11.2014, Ilan Shor repays completely the credit loans earned prior to that date. But at the same time, on 26.11.2014, receives new credit loans, thereby depriving the citizens of the Republic of Moldova of one milliard US dollars.
The position of the Supreme Court of Justice, which several times postponed the hearing, becomes clear, and even in the pre-last time on 26.11.2014, in the day when Ilan Shor withdrew the money from Banca de Economii. Thus, the Supreme Court of Justice, on11.27.2014 after Banca de Economii was deprived of its property, adopts the decision to return the bank to the state.
After all events from 01.12.2014, to the press came out Dorin Dragutanu, who reported of the application of force to return Banca de Economii in the property of state.
Thus, Vladimir Plahotniuc, by means of state authorities amended and supplemented the laws, with a single aim to withdraw the money, involving in this scheme the judicial staff.
As a result, the citizens of the Republic of Moldova were obligated to return the money, stolen by Plahotniuc, and thus, on 26.09.2016, by the Resolution of the Government no. 1085, which again took liability to adopt the law, obliging the citizens of the Republic of Moldova to return the money, which through the use of the state, where stolen by Plahotniuc and his accomplices. Moreover, in reality, the money stealing was accomplished by taking over the liability by the Government.