OREANDA-NEWS. The Commercial Court of London delivered its judgment today confirming that Otkritie was the subject of “a cunning and well-orchestrated fraud” by a group of former employees and their associates, awarding damages to Otkritie in excess of USD 150 million and paving the way for the recovery of millions in frozen assets.

The judgment by Mr Justice Bernard Eder of the High Court confirms that George Urumov, Ruslan Pinaev, Sergey Kondratyuk and Eugene Jemai (all former Otkritie employees) and Vladimir Gersamia (a former fund manager at Threadneedle Asset Management), conspired to defraud Otkritie through a complex trade involving Argentinian GDP securities and the related misappropriation of employee sign-on payments. They used friends at various financial institutions, including BGC Partners in London, to accumulate the securities. The judge found that the defendants defrauded Otkritie of USD 173 million and then used their friends and families to launder the proceeds.

Other defendants found liable for money laundering and dishonest assistance to the fraudsters include Mr Urumov's wife (Yulia Balk), Mr Pinaev's wife (Marija Kovarska), Mr Jemai's sister Irina Jemai (currently employed by HSBC Private Bank in Geneva), the Jemai family company Jecot Trading of Geneva, and Mr Gersamia's father Teimuraz Gersamia, a former deputy Minister in the Georgian Government.

According to Mr Justice Eder's judgment, the fraud proceeds were laundered through dozens of transfers to offshore companies and bank accounts in opaque jurisdictions controlled by the fraudsters, and then spent by them on lavish villas, luxury sports cars and diamonds. He concluded it was “beyond any reasonable doubt whatsoever that (together with Mr Kondratyuk) Mr Urumov and Mr Pinaev were at the heart of the fraud inflicted on Otkritie and received a huge share of the fraud proceeds."

Mr Gersamia was described by the Judge as the "insider" at Threadneedle who was essential to the scam and was "an active participant in the fraud by providing dishonest assistance … including the provision of information with regard to Threadneedle". Mr Jemai, the young trader who actually executed the fraudulent trades, was described as "driven by greed desperate to be one of the big boys" and someone who had given "dishonest evidence".

Otkritie uncovered the frauds in August 2011 and moved swiftly to take legal action and recover the stolen funds. To date Otkritie has actually recovered more than USD 52 million through judgments and settlements. The ruling will allow Otkritie to recover quickly many millions more that it has traced and frozen around the world, including in the United Kingdom, Switzerland, Spain, Luxembourg and Gibraltar. The London court awarded Otkritie around USD 150 million in damages from the various defendants.

The Judge found that defendants told “blatant”, “brazen” and “numerous” lies in the course of their testimony, “undertook deliberate money laundering” exercises, produced “fake or sham” documents, were “utterly disingenuous” and were “driven by greed”. He found all Otkritie's witnesses “to be honest and that they gave their evidence honestly and to the best of their ability."

Alexey Karakhan, a deputy CEO and member of Otkritie's board, said: “Today's ruling is a complete vindication of Otkritie's claim that it was the subject of a well-organised and complex attack by these individuals. We moved decisively to bring these people to account, to recover our funds and to ensure none of our clients were affected. While this trial is coming to a close, for those responsible for these acts, we believe this judgment is only the beginning as justice continues its course. We will leave no stone unturned to recover the stolen assets from the fraudsters, their accomplices and third parties who gave or are still giving them assistance.”

Otkritie has been working in close cooperation with UK and Swiss authorities. Mr Kondratyuk was arrested in Switzerland in 2011, convicted for these frauds and money laundering and spent 18 months in prison. The Geneva Public Prosecutor is continuing his criminal investigation and has brought fraud and money laundering charges against Mr Pinaev (a fugitive in Israel), Swiss resident Mr Jemai, his mother Olessia Jemai and others. The City of London Police has arrested Mr Urumov, his wife Yulia Balk, Mr Gersamia and others and taken their passports while releasing them on bail. Today's Commercial Court judgment opens the way for the Crown Prosecution Service to take a decision on criminal charges, expected soon, following a two-year investigation by the City of London Police.

In Luxembourg,there is an ongoing criminal investigation into money laundering by Quantum Leap SIF-SICAV, the fund set up by Mr Pinaev and Mr Urumov, which received USD 11 million of fraud proceeds. Approximately USD 9.5 million held at RBC Dexia is subject to a criminal freeze and the fund is in judicial liquidation.

Throughout these proceedings Otkritie has been most ably advised by solicitors Hogan Lovells International LLP and by counsel Steven Berry QC, Nathan Pillow and Anton Dudnikov of Essex Court Chambers.