Kings of the Ukrainian Forest
- Тарас Зозулінський
- Taras Igorovich, good afternoon, - the application in this form at 8 am, from an unknown person, was intriguing.
- My name is Mikhail Derbal, have you not heard of me?
Friends said you were interested in wood's buyer. They asked me to contact you. I think you shouldn't do that - it won't give you anything. -
Part Four. Attorney General
Former subordinate
The phone conversation lasted about half an hour. Derbal urged me to do other topics that he could provide.
The man was not simpl. He worked for many years in police units fighting economic crime. He made a career when minister was Lutsenko, led special forces in the forestry sector.
Subsequently Officer Derbal transferred to the forestry control authorities of Volyn region.
In fact, I "bombarded" Volyn with requests for 3 months . And only this area, from which no forestry did not provide the names of contractors - buyers of the forest.
In Volyn was involved criminal investigations, which is extremely dangerous for the State Forestry Agency.
Scheme. Short
In the previous sections, I described export operations. Hidden in the offshore, the English and Estonian companies of N. Lysiy and A. Voronovskiy, bought the timber from state-owned enterprises at low prices. And - resold it to Europe. According to the investigation, the difference - was distributed between the participants of the scheme, went to bribes for the Volyn Regional Forestry and Hunting Administration and the leadership of the forest industry. The money was laundered through a dozen companies controlled by Ukrainians.
* (However, the criminal proceedings were closed. As it happened - it will be described below). *
Buying and selling - were carried out according to the documents, instead the wagons with the wood went from state-owned enterprises directly to the European processing plants. And, the scheme using intermediary companies was used solely to accumulate the price difference.
Serhiy Bozhko, one of the “inconvenient” investigators of the Volyn prosecutor's office who had previously worked on the case of the ex-chairman of the forest branch of Sovets, began to unravel all the intricacies of this scheme.
From the picture, drawn by Bozhko, it can be seen that the leadership of the State Forestry Agency and the Volyn Regional Forestry and Hunting Administration assisted Voronovskiy and Lysiy in exporting the forest. After all, forestry enterprises sold “goods” significantly lowering their value (up to 56 - 65%).
The question is why Volyn?
Three Comrades and Kolisnyk
2005th year. Smiling Volyn Governor Volodymyr Bondar (left) conducted the center of Lutsk's distinguished guest - the newly appointed Minister of the Interior Yuriy Lutsenko. On the right - Victor Shvydkyy, who the minister brought to manage the militia of the region.
(photo - Volyn News Service)
This photo does not have another of our hero - Bogdan Kolisnyk. The "owner" of the Volyn forests. He has led the industry in the area since 2000, and has held the mace for almost 14 years.
Kolesnik has two sons: Roman and Zinoviy - in the 2000s - in leadership positions in the state forestry of Volyn.
In October 2006, Zinovy Kolesnyk and his friend Alexander Kvitirk came to the bar. And there is closed - militiamen carry out investigative actions. The guys did not suffer such "neglect" - a fight with the police began. One of the militiamen used a weapon.
In any country, assaulting a police officer is a serious crime.
But…
The police department of internal security begins to storm two police officers who were attacked. They are checked, dragged on interrogations.
But probably - they were saved by the political distribution of forces - in December 2006, Minister Lutsenko was dismissed, and in January - fired Shvydkyy.
The criminal case was being investigated - Oleksandr Kvatirko took the blame. From the conviction he was saved only by amnesty.
Bogdan Kolesnik did not forget the "withdrawal" from the blow of his son. Kvatirko receives the post of Chief Forest Officer of the Manevichi Forestry.
And what about other comrades?
Governor Bondar took the dismissed Shvydkyy as a deputy to the Volyn Regional State Administration.
Later, Bondar went up and becomes an adviser to the President of Ukraine.
And Lutsenko - again appointed head of the Ministry of Internal Affairs. At the same moment, he returns the Shvydkyy to lead Volyn police.
Bogdan Kolesnik does not forget about his friends. It goes higher - now it can be called the "Landowner of Volyn forests".
(Video from the investigation "Fourth Power Volyn")
Near Lutsk, nearly 6 ha of land was located on the balance sheet of the State Enterprise “Volyn Forest Breeding and Seed Center”. It was a unit of the Volyn Regional Forestry and Hunting Administration. The leader of this State Enterprise and Kolisnyk himself requested and agreed to the transfer of this land to the village council.
And then the land was distributed among the "strongest of the Volyn world". MPs, politicians, high-ranking officials, the head of the court are here.
The Investigative Reporting Agency "Fourth Power" examined the list of persons who received land for free.
Bondar "took it."
He has already sold it. Instead, Shvydkyy had house there.
True, an interesting story - one man was allotted land, then land passed to the police officer, subordinate to the Shvydkyy. Next - to the Shvydkyy's mother. Only then the land and the house got Shvydkyy.
The Kolisnyk's Case
The coming to power of Yanukovych not only did not shake, but also cemented the position of Kolisnyk. The owner of the forests continues to run the Volyn Regional Forestry and Hunting Administration and passed to the Volyn Regional Council. Along with him, his son Roman, who has already managed to lead one of the state forestry of the region, becomes a deputy. And son Zinoviy is appointed the head of the Kivertsi district state administration by President Yanukovych.
The head of the Volyn Regional Forestry and Hunting Administration Kolisnyk did not forget about his son's rescuer - Kvatirko. At first, he "fitted" him to manage the State Enterprise "Volodymyr-Volynske LMG", and later -"fitted" him to manage the Tsuman Forestry.
("Kolisnyks and Kvatirko" - collage of the author)
The Revolution of Dignity brought a brief turmoil to the Kolisnyk Society. Fierce pressure from activists, pickets, complaints about “Kyiv”, visits with weapons to the Volyn Regional Forestry and Hunting Administration and compulsion to write an application for release.
Kolisnyk was released. It was a step backwards - to make two forwards later.
Anatoly Kotsura, a new prosecutor, was appointed in Volyn. The figure of the "owner" of the forest was the most scandalous - the public demanded an investigation into the "Kolisnyk's Case".
The newly appointed prosecutor promised to scrutinize.
The man did not calculate his strength. Who would give him that!
In a few months, Kotsuru was released with a scandal. The former prosecutor did not surrender and began to sue.
So what is this "Kolisnyk's Case"?
Many criminal proceedings were investigated - in fact, for each head of the state forestry Volyn. They were combined by one scheme. Export of forest.
And called the name of the ruler - for several reasons. In one case, the accused of committing the crime was Zinoviy Kolesnyk (for his crime as director of the Manevichi forestry). The second - Alexander Kvatirko - for crimes in the position of State Enterprise "Volodymyr-Volynsky LMG".
And in all those cases, what is common is that the forestry directors committed the crimes - following the verbal instructions of the Volyn Regional Forestry and Hunting Administration leadership.
The investigation found that forest managers had concluded contracts for the sale of timber bypassing auctions at reduced prices. And only with those companies that have provided leadership of the Volyn Regional Forestry and Hunting Administration.
Anti-corruption activists have already "seen" Kvatirko and his friend Kolisnyk behind bars. And other opinion was law enforcement.
Prosecutors so thoroughly investigated the proceedings, ordered expert examinations, repeated and investigative actions. Even in the courts, they delayed time.
And Kolisnyk and Kvatirko - once - and petitions are filed: release us from criminal liability. Because the statute of limitations has expired.
So, for the second time - after the attack on the policemen - the comrades are slipping from behind the bars.
In 2015, Kvatirko sat directly in the chair of the Chief of the Chief of the Volyn Regional Forestry and Hunting Administration. Which been without the Kolisnyk only 1.5 years.
(video — hromadske.volyn.ua)
In 2016, three comrades return to Olympus. First, with a violation of the law and through amendments to the Constitution of Ukraine, the Prosecutor General is elected by Lutsenko, who does not even have a juridical education.
A s he has no work experience in the prosecution bodies, it is not a problem for him to lobby the appointment friend from a “combat militia” (without the same experience) for the position of the first deputy prosecutor of Volyn region. Victor Shvydkyy.
Bondar becomes deputy chairman of the State Forestry Agency, and in a few months - a full-fledged leader.
(Vladimir Bondar. Photo - State Forest Agency)
Heir
So - life got better. And in fact, after coming to the post of Kvatyrka in 2015, the English and Estonian offshore companies of N.Lysiy and A. Voronovskiy, buy timber from the state forestry authorities of Volyn at lower prices. And - they resold the forest to Europe.
Given the Kolisnyk's Case, nothing new came up with the middlemen - all this had existed in the region for many years before - only the beneficiaries changed. The Volyn Regional Forestry and Hunting Administration management instructs forestry companies to sell to this and this company at such and such a price. Of course, there are probably bribes.
There are hundreds of criminal proceedings and court cases in the forest in Volyn. But as far as Biofuel and Bioenergy are concerned, case is special.
In an application for arrest, forfeiture during the search of evidence, the investigator indicates - the bribes were paid to the leadership of The Volyn Regional Forestry and Hunting Administration and the State Forest Agency.
The first is headed by Kvatyrko. Of course, there are alternates.
And here in the State Forest Agency - and the head is one. Bondar Vladimir Nalkovich.
The recipients of bribes are sentenced to 8 to 12 years only in one of the criminal articles.
Also - confiscation of property can be awarded.
Amnesty or statute of limitation is no longer here.
And the Volyn investigator Sergey Bozhko - stubborn - dug and dug…
- You see a recreation point on the forest side, stop ... Catch a breath of forest air, - shares the tips of Chief Kvatyrko, an active Facebook contributor.
A nd here he writes, writes. And the police opened another case. At the beginning of last year about deforestation in the reserve Tsumanskaya Pushcha.
Considering the potential organizers of the felling, the police have long been troubled. And here - the activity began.
The Crusade of Prosecutor Kotsura
I n February 2018, Anatoly Kotsura, who, four years ago, gave the floor to carefully study and understand the Kolisnyk's Case, is finally winning the debate. The judges find his release illegal and oblige the Attorney General's office to reinstate the man in office.
(Anatoly Kotsura gave battle to forest corruption. Photo - ARC prosecutor's office)
In the Volyn prosecutor's office a green light shone. Due to the intensification of the procedural leadership of the prosecutor's office, the police are showing great success in investigating illegal logging in Tsumanskaya Pushcha. Roman Kolisnyk and Alexander Kvatirko were suspected.
Volyn prosecutors come to Lviv to investigate Biofuel and Bioenergy.
To the wood-processing enterprise “Gofer Ukraine” of Voronovsky and Lysy. Which also used for laundering money, according to SCFM.
(Gofer Ukraine - photo - http://goferukraine.com.ua/)
The search is also conducted at the place of registration of Voronovsky. And in his wallet there are a number of receipts, for providing financial assistance to the company Gofer Ukraine - for more than 2.2. million UAH.
Militiamen have not been so close, neither to Kolisnyk's sons, nor Kvatyrko, nor the export schemes.
And in the case of Biofuel and Bioenergy, the investigator Bozhko probably had to enter into the suspicion only the surname of the head of the State Forest Agency.
Lutsenko enters the game
The Attorney General intervened personally. That ended the fiesta of Anatoly Kotsura. In early June 18, Lutsenko transferred him to Kherson.
(Lutsenko's and Bondar's comrade - Shvydkyy. Photo - www.volyn24.com)
The first deputy prosecutor of the region, Viktor Shvydkyy, began to act as head. Already next month, investigator Bozhko closes criminal proceedings on forest export business! Whith wording - "does not include the composition of the criminal offense".
Next month - Shvydkyy already becomes a full prosecutor of Volyn.
Soon, the “heir of the Kolisnyk” is removed from the blow in the case of felling in the Tsumanskaya Pushcha Nature Reserve. The procedural supervisor - an employee of the prosecutor's office - closes the proceedings in the part of Oleksandr Kvatyrko's suspicion - in the absence of a crime.
(Cutting in the reserve - photo - “Ecology. Right. Human”)
To whom is the firewood?
The export scheme for the removal of the forest, implemented by the companies of Voronovskiy and Lysiy - Biofuel and Bioenergy, and as it turns out Integra Global Trade LP (which in addition to money laundering, also directly "transported" the forest) - started in 2014.
But it reaches a large scale in the 16th. At that time, for several months, there was a moratorium on the export of untreated timber from Ukraine.
Instead, these offshore pads are beginning to grow at a rapid rate of export of Ukrainian timber. According to the documents - to the woodworking plants Egger and Schweighofer in Romania - the firewood was sent.
Of course, this scheme was not the only one in Ukraine. To say that only these companies were "in topic" is wrong. But in the timber market, they were in the lead, and undoubtedly, Western Ukraine “was theirs”.
I found evidence that, under the guise of firewood, timber was exported to Europe.
Fighting for the Forest: Customs is begining
The SFS of Ukraine has known for many years about the scheme of timber removal. Customs officers within this structure also have every means to prove these crimes.
Since 2016, the DFS has been systematically trying to do this. However, in the same way, the Prosecutor General's Office does not give the customs officers a chance to get into the topic of forest export.
Only in the SFS does the forestry sector intensify - prosecutors initiate criminal proceedings against walnut exports. Which is controlled by customs officers in many areas.
Back in 2015-2016, when customs officers first began to investigate and verify, including the Biofuel, Bioenergy and Integra scheme, the prosecutor's office initiated an investigation into the leadership of the SFS of Vinnytsia region. This structure was then headed by Miroslav Prodan. It was about the customs clearance of nuts, the head was questioned as a witness.
But already in the summer of 2016 Prodan was appointed acting Deputy Chairman of the State Fiscal Service of Ukraine. And criminal proceedings were closed.
The initiation of systematic checks on the export of forest by the SFS bodies inevitably spilled over into new cases of export of walnuts "sheltered" by customs officers.
By the end of the 16th DFS receives the necessary evidence and commences lawsuits, including the Biofuel export scheme in Lviv region.
And in February 2017, the Prosecutor General's Office initiates another proceedings - where mentioned the heads of the SFS of Chernivtsi and Odessa regions. It is also about creating a criminal organization that has committed serious crimes, and about legalizing and laundering the proceeds. Everything naturally revolves around walnuts.
Next month, Miroslav Prodan becomes the acting chairman of the State Fiscal Service of Ukraine.
The parties are preparing for a decisive battle. The personal confrontation between the Attorney General and the head of the SFS begins.
(collage - by the author)
The wood is exported under the guise of firewood
Customs officials began preparing a "nuclear" attack on timber export schemes. They fought in two directions - proving the difference in price. That is, the enormous losses of state enterprises of the forest industry.
The second pain point is the removal of the forest in the guise of firewood.
For example, Business Censor estimates that in the first six months of 2018 alone, Egger has purchased 120,000 tonnes of firewood.
Woodworking giants Egger and Schwighofer are not boiler rooms. Why do they need so much firewood?
The SFS started sending requests to Romanian customs officers. They gathered their information, sent letters - received responses from Egger and Schweighofer. And they turned back.
Ukrainian customs officials compared the price indicated in the contracts at which forestry companies sold timber offshore. And compared it to the data from Egger and Schweighofer, at what price they bought the wood in these gaskets. Probable losses of state-owned enterprises were calculated. They were probably stunned.
Here is what I opened the first court ruling - about companies related to Voronovskiy and Lysiy - Integra Global Trade LP.
For several months, from only one Sokyrian forestry in Bukovina, Integra Global Trade LP shipped 102 wagons of firewood to Romanian Egger. The price difference is 56%. These are unrealisticly grand sums. Most likely - bribes. And accordingly - the loss of state-owned enterprises.
For example, in just a few months, and only from the specified Sokyryan Forestry - 102 wagons - the price difference was over 5.5 million.
In the case of Bioenergy, the price difference is 65%. Between the forestry price and the real cost of selling for Egger, it amounted to almost 315,000 in just six wagons.
The second pain point is also an oil painting. According to documents from Romanian customs officers and Egger Romania S.R.L. - for our pads - heroes Biofuel, Bioenergy, Integra.
The products of Romanians were cleared under the product code 4403 (timber). And it was released by Egger into free circulation also under product code 4403.
I llusionists are our schemers. And magicians. In Ukraine in the wagons were firewood - 4401. And when wagons crossed the border - in Romania - firewood turn into timber - 4403. Prohibited from export from the country.
In just a few months of 2016, and only in Chernivtsi and Lviv oblasts, there are two hundred such episodes.
(photo http://vikna.if.ua)
But this information was not enough for the customs officers. Decisions were needed by the courts to confirm the removal of the forest under the guise of firewood. Any: about taking even administrative responsibility. And anyone - a forestry worker or a customs broker. But - such court decisions would automatically confirm the scheme with firewood.
Customs officers - on the ground - began to draw up reports on violation of customs rules. And to sue.
Lutsenko is back in the game
56-65% price difference. In such "crazy" forest money - strangers do not like. Like those who try to break the scheme.
The Prosecutor General's Office opens the most dangerous criminal proceedings for the export of walnuts. Investigating about Prodan's people. There are the deputies of the head of the State Fiscal Service of Vinnytsia. And the leader - Ruslan Osmolovskiy.
(R. Osmolovsky, from the team Prodan - photo SFS)
January 2018 is another criminal case. As Lutsenko explains later, they started working personally about Prodan.
In the summer of the 18th - searches at the State Tax Service of Vinnytsia, announce suspicion of Osmolovsky. This is a budget loss of over UAH 300 million.
(Video - from the briefing of Y. Lutsenko)
- We believe that since 2014 a stable hierarchical association has been established in Vinnytsia, comprising active representatives of the State Fiscal Service, who have serious links with the employees of central government institutions in the capital. In 2015-2016, this criminal organization secured the appointment to the important posts in the State Fiscal Service of people connected with illegal activity at the Vinnitsa customs, - Lutsenko said.
- Well, I have claims to Sold. I have been making complaints about the many contraband cases that his subordinates have committed. But now I'm working on a case in which I have claims against him personal. At that moment, when I get enough evidence, I will make a procedural decision, - Lutsenko“ finished off” the opponent next month.
The very next day - Prodan holds its briefing. He reports that law enforcement officers blackmail him, his family and his surroundings.
(Video - from M. Prodan briefing)
He is counterattacking
- Recently, pressure has been put on me and the SFS staff by law enforcement agencies. I imagine it will be amplified when the first results of the forest industry check appear. I am convinced that the hysteria of some will be much greater than it is now. I appeal to the leadership of the Prosecutor General's Office of Ukraine. You've been blackmailing me and my family for two months that you have information about me. If so, show it. If you can, please delay for another month - I will complete all testing activities related to the forest industry. And I am sure - at such a briefing we will see and hear a lot of interesting things ”- finished the briefing Prodan.
One of the courts, which the customs officials hoped for, is the Court of Appeal of Chernivtsi Oblast. A big case was pending here, featuring Bioenergy and Integra.
Prodan alluded to the Attorney General's involvement in forest schemes. It is no accident, because several cases were heard about companies Biofuel, Bioenergy, Integra.
There were others. But Prodan did not have time to get the necessary court decisions. In early September 2018, he resigned. Prodan did not respond to my request for comment, which I sent to his lawyer.
Ukrainian judges
In October, customs officers lost their appeal. The judges found three things on which their decisions were based:
1. Documents provided by the Romanian party, including customs declarations, are not proper evidence. Because they were received by Ukrainian customs officers after the forest had crossed the border;
2. documents, replies, copies of invoices provided by the Romanian party cannot also be evidence in the case - because they were provided in an unofficial translation;
3.and, most importantly, the courts did not take into account any of Egger's information - that they received timber under code 4403 - which was banned from export.
Why?
Here and all the beauty of the game - there were no contractual relations of the state forestry with Egger!
This is exactly why the forest managers need offshore pads. In the case of any investigations, the directors of forestry will say with a smile: the firewood was exported from Ukraine? Did Romanian Egger buy timber? What are we here for - we didn't sell them anything.
(photo - http://firtka.if.ua)
And the owners of big, powerful European giants will also show contracts to journalists, human rights activists, environmentalists and even local law enforcement. And they will explain - that about the illegal Ukrainian forest is first heard. Because they bought it not from Ukrainian state forestry companies, but from English, Scottish, Estonian or Latvian companies.
Honest and righteous
"There is a serious attack on the forest industry," Vladimir Bondar interviewed a year ago.
The head of the State Forestry Agency so defended himself from the investigation of Earthsight, an expert organization from the United Kingdom. What could Bondar have opposed as evidence of illegal export of timber abroad?
- All forestry enterprises operated in the legal plane, and if an export operation took place, it was in accordance with all laws of Ukraine. -
Of course, of course, of course. The Chief Forester of the country know better. Like his friend, the Attorney General.
... In the final part - the fifth part - about what powerful "thieves" clans decided to take the export of the forest. But where did the criminals learn about the cash flow in the scheme.
Soon - Mafia's Accountants.
* All court documents that were used in the preparation of the material were taken from the Unified State Register of Judgments of Ukraine.
** Letters requesting comments were sent to persons involved. At the time of publication, no response was provided. If, however, the questions are answered, they will be published in the following sections.
Taras Zozulinskyy, 30.08.2019
This material was supported by the "OPEN Media Hub", and funded by the European Union
The investigation used a "YouControl" analytical system
The first part of the investigation - "Offshore Estonia and criminal Albion"
The second part of the investigation - "Criminal Authority"
The third part of the investigation - "Advocate"