{"id":449605,"date":"2021-08-22T14:11:49","date_gmt":"2021-08-22T14:11:49","guid":{"rendered":"https:\/\/www.moldova.org\/en\/?p=449605"},"modified":"2021-08-22T14:15:43","modified_gmt":"2021-08-22T14:15:43","slug":"reporting-on-the-1-billion-bank-fraud-investigation-the-opg-under-pressure-to-show-results","status":"publish","type":"post","link":"https:\/\/www.moldova.org\/en\/reporting-on-the-1-billion-bank-fraud-investigation-the-opg-under-pressure-to-show-results\/","title":{"rendered":"Reporting on the $1 billion bank fraud investigation – the OPG under pressure to show results"},"content":{"rendered":"Reading Time: <\/span> 4<\/span> minutes<\/span><\/span>

Several key state institutions – the President’s Office, Parliament and the Office of the Prosecutor General (OPG) – have been in constant controversy for a while now. Parliament and the President’s Office say the OPG is failing to meet its obligations, while the OPG accuses the other two institutions of attempting to place it under political influence.<\/p>\n

Prosecutor General of the Republic of Moldova, Alexandr Stoianoglo, was invited lately to give a report in Parliament on the progress made in the $1 billion bank fraud investigation case. Stoianoglo didn’t arrive in Parliament though. Instead, the Office of the Prosecutor General<\/strong> sent an official note<\/a>, reporting on the results achieved during the period between January-August 2021.<\/p>\n

The note reflects the measures taken by the institution during criminal investigations and seizure of the corresponding goods: 5 criminal cases filed with the total reported value of goods of more than 894 million lei, inquiries (2) sent to foreign institutions, to which no answer has been received so far, proceedings of international cooperation with foreign services (27),criminal investigations (6) with the total sum of seized goods of 19 million lei, one judgement, where the value of seized goods was 27 million lei.<\/p>\n

The OPG also mentioned<\/a> the delays of other legal instructions in charge of criminal prosecutions, as well as the transfer of funds to the state budget in the amount of 47.7 million lei<\/strong> <\/span>obtained through the capitalization of assets of the 3 banks in liquidation process, which were involved in the bank fraud. No recovery and actual transfer of any stolen funds was reported.<\/span> “Arising from the lack of final and irrevocable convictions in criminal cases regarding the theft of financial means from the banking system, no repatriation agreements for recovery of foreign goods were concluded, as well as no confiscation of criminal property was initiated\u00a0 during the reference\u00a0period,”<\/em> confirmed<\/a> the OPG representatives.<\/p>\n

Members of Parliament<\/strong> (MPs) analysed the note and described<\/a> the progress of the Office of the Prosecutor General and the National Anticorruption Center (NAC) as “unsatisfactory”<\/em> because “no money was recovered after investigating the bank fraud”<\/em>.<\/p>\n

MPs adopted a decision<\/a>, obliging the OPG to develop, within 30 days, an effective instrument for recovering the funds stolen from the banking system, as well as a new action plan for its implementation. Additionally, the OPG was requested to examine the causes of criminal investigation stagnation, intensify international cooperation, including through joint investigation teams and the European Union Agency for Criminal Justice Cooperation (EuroJust), as well as report twice per year on the obtained results in the process of recovering the funds.<\/p>\n

“Analysing the information presented, Parliament notes the lack of measurable actions and progress in the process of recovering the funds stolen from the banking system, and considers that the inefficient actions of the leaders of the responsible authorities\u00a0 delay the process of taking effective measures to achieve the objective.”<\/p><\/blockquote>\n

The OPG representatives continue to to assert that excessive pressures is exerted on the institution. The institution addressed<\/a> the international structures (Venice Commission, Secretary General and the Consultative Council of the European Prosecutors of the Council of Europe, etc.) calling to analyse the compatibility of the legislative changes proposed by the Parliament<\/span> that refer to the disciplinary proceedings and the evaluation of the Prosecutor General’s performance, as well as the modification of the Superior Council of Prosecutors composition. “We note that the bill voted in Parliament through the first reading was drafted in an unjustified emergency regime, creating the perception that the aim is to establish political control over the activity of the Prosecutor’s Office and that the real stake behind promoting the evaluation mechanism is to dismiss the Prosecutor General in office.”<\/em><\/p>\n

See also:<\/strong> Changing the judiciary or replacing the Prosecutor General \u2013 what starts a successful judicial reform?<\/a><\/span><\/p>\n

Previously, Prosecutor General Alexandr Stoianoglo<\/strong> accused President Maia Sandu of superiority attitude and that, during the last meeting of the Supreme Security Council (SSC), the head of state presented a list of people “including representatives of the current opposition”, <\/em>asking to prosecute them.<\/p>\n

“Denying any achievements of prosecutors, ignoring them, unfoundedly underestimating the work of prosecutors in investigating tens of thousands of cases, manipulating and misinforming society about the lack of results in investigating bank fraud, ignoring that, in a year and a half, the OPG turned the optics of the investigation to 180 degrees compared to those mimicked until recently. In a year and a half and under the restrictive conditions imposed by the pandemic, prosecutors have filed and sent to court dozens of cases concerning former leaders of the National Bank of Moldova, other banks involved in this scheme, administrators of the insolvency proceedings, employees of Shor Holding and other persons involved in the bank fraud, on whose assets seizures of about 3.1 billion lei were introduced,”<\/em> claimed<\/a> the Prosecutor General during a press conference.<\/p>\n

President Maia Sandu<\/strong> replied to the PG’s accusations, saying that the inaction of PG regarding members of two criminal groups, involved in major corruption cases, who left the country unhindered, was, actually, a topic discussed during the SSC meeting. “There was no discussion of cases against the opposition, as the Prosecutor General misinforms. […] To enforce the law and to investigate, first of all, the cases of great corruption – this is what I always asked the Prosecutor General, and this is what I asked at the SSC meeting on August 10th. Each time, Alexandr Stoianoglo came up with justifications for the lack of results. Through his statements, Prosecutor General is joining the criminals, becoming an instrument and an accomplice, showing his fear of the new government’s actions meant to clean up the system,”<\/em> said<\/a> the president of the country.<\/p>\n

Photo: newsmaker.md<\/p>\n","protected":false},"excerpt":{"rendered":"

Reading Time: <\/span> 4<\/span> minutes<\/span><\/span>Several key state institutions – the President’s Office, Parliament and the Office of the Prosecutor General (OPG) – have been in constant controversy for a while now. Parliament and the President’s Office say the OPG is failing to meet its obligations, while the OPG accuses the other two institutions of attempting to place it under […]<\/p>\n","protected":false},"author":31,"featured_media":449606,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,4,56],"tags":[1108,35,472,27,233,203,1109,473,566,497],"class_list":["post-449605","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics","category-society","category-reportaje","tag-accusation","tag-important","tag-judiciary","tag-moldova","tag-parliament","tag-president","tag-pressure","tag-prosecutor-general","tag-prosecutors","tag-venice-commission"],"content_social_share":"Reading Time: <\/span> 4<\/span> minutes<\/span><\/span>

Several key state institutions – the President’s Office, Parliament and the Office of the Prosecutor General (OPG) – have been in constant controversy for a while now. Parliament and the President’s Office say the OPG is failing to meet its obligations, while the OPG accuses the other two institutions of attempting to place it under political influence.<\/p>\n

Prosecutor General of the Republic of Moldova, Alexandr Stoianoglo, was invited lately to give a report in Parliament on the progress made in the $1 billion bank fraud investigation case. Stoianoglo didn’t arrive in Parliament though. Instead, the Office of the Prosecutor General<\/strong> sent an official note<\/a>, reporting on the results achieved during the period between January-August 2021.<\/p>\n

The note reflects the measures taken by the institution during criminal investigations and seizure of the corresponding goods: 5 criminal cases filed with the total reported value of goods of more than 894 million lei, inquiries (2) sent to foreign institutions, to which no answer has been received so far, proceedings of international cooperation with foreign services (27),criminal investigations (6) with the total sum of seized goods of 19 million lei, one judgement, where the value of seized goods was 27 million lei.<\/p>\n

The OPG also mentioned<\/a> the delays of other legal instructions in charge of criminal prosecutions, as well as the transfer of funds to the state budget in the amount of 47.7 million lei<\/strong> <\/span>obtained through the capitalization of assets of the 3 banks in liquidation process, which were involved in the bank fraud. No recovery and actual transfer of any stolen funds was reported.<\/span> “Arising from the lack of final and irrevocable convictions in criminal cases regarding the theft of financial means from the banking system, no repatriation agreements for recovery of foreign goods were concluded, as well as no confiscation of criminal property was initiated\u00a0 during the reference\u00a0period,”<\/em> confirmed<\/a> the OPG representatives.<\/p>\n

Members of Parliament<\/strong> (MPs) analysed the note and described<\/a> the progress of the Office of the Prosecutor General and the National Anticorruption Center (NAC) as “unsatisfactory”<\/em> because “no money was recovered after investigating the bank fraud”<\/em>.<\/p>\n

MPs adopted a decision<\/a>, obliging the OPG to develop, within 30 days, an effective instrument for recovering the funds stolen from the banking system, as well as a new action plan for its implementation. Additionally, the OPG was requested to examine the causes of criminal investigation stagnation, intensify international cooperation, including through joint investigation teams and the European Union Agency for Criminal Justice Cooperation (EuroJust), as well as report twice per year on the obtained results in the process of recovering the funds.<\/p>\n

“Analysing the information presented, Parliament notes the lack of measurable actions and progress in the process of recovering the funds stolen from the banking system, and considers that the inefficient actions of the leaders of the responsible authorities\u00a0 delay the process of taking effective measures to achieve the objective.”<\/p><\/blockquote>\n

The OPG representatives continue to to assert that excessive pressures is exerted on the institution. The institution addressed<\/a> the international structures (Venice Commission, Secretary General and the Consultative Council of the European Prosecutors of the Council of Europe, etc.) calling to analyse the compatibility of the legislative changes proposed by the Parliament<\/span> that refer to the disciplinary proceedings and the evaluation of the Prosecutor General’s performance, as well as the modification of the Superior Council of Prosecutors composition. “We note that the bill voted in Parliament through the first reading was drafted in an unjustified emergency regime, creating the perception that the aim is to establish political control over the activity of the Prosecutor’s Office and that the real stake behind promoting the evaluation mechanism is to dismiss the Prosecutor General in office.”<\/em><\/p>\n

See also:<\/strong> Changing the judiciary or replacing the Prosecutor General \u2013 what starts a successful judicial reform?<\/a><\/span><\/p>\n

Previously, Prosecutor General Alexandr Stoianoglo<\/strong> accused President Maia Sandu of superiority attitude and that, during the last meeting of the Supreme Security Council (SSC), the head of state presented a list of people “including representatives of the current opposition”, <\/em>asking to prosecute them.<\/p>\n

“Denying any achievements of prosecutors, ignoring them, unfoundedly underestimating the work of prosecutors in investigating tens of thousands of cases, manipulating and misinforming society about the lack of results in investigating bank fraud, ignoring that, in a year and a half, the OPG turned the optics of the investigation to 180 degrees compared to those mimicked until recently. In a year and a half and under the restrictive conditions imposed by the pandemic, prosecutors have filed and sent to court dozens of cases concerning former leaders of the National Bank of Moldova, other banks involved in this scheme, administrators of the insolvency proceedings, employees of Shor Holding and other persons involved in the bank fraud, on whose assets seizures of about 3.1 billion lei were introduced,”<\/em> claimed<\/a> the Prosecutor General during a press conference.<\/p>\n

President Maia Sandu<\/strong> replied to the PG’s accusations, saying that the inaction of PG regarding members of two criminal groups, involved in major corruption cases, who left the country unhindered, was, actually, a topic discussed during the SSC meeting. “There was no discussion of cases against the opposition, as the Prosecutor General misinforms. […] To enforce the law and to investigate, first of all, the cases of great corruption – this is what I always asked the Prosecutor General, and this is what I asked at the SSC meeting on August 10th. Each time, Alexandr Stoianoglo came up with justifications for the lack of results. Through his statements, Prosecutor General is joining the criminals, becoming an instrument and an accomplice, showing his fear of the new government’s actions meant to clean up the system,”<\/em> said<\/a> the president of the country.<\/p>\n

Photo: newsmaker.md<\/p>\n

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