Bobyliov Sergey Anatolyevich

Bobyliov Sergey Anatolyevich

2010: Articles from prison

• On July 13, 2010 article was published in the Russian version of the Forbes magazine^[1] of the CEO of Sunrise company Sergey Bobyliov^[1]. We give the text of material below.

Year I am imprisoned, in Matrosskaya Tishina. I was one of my many compatriots whom good legislative presidential initiatives — amendments to UK and the Code of Criminal Procedure — did not concern. However still are not accepted by legislature, and the state does not apply laws which would stop abuses of the mechanism of criminal prosecution of law enforcement authorities, and is more right than those people who are called to protect the law from violations, and citizens — from lawlessness.

Studying of mass media as only source of data on life in society and state allows me to tell with confidence that provision in our law-enforcement system did not change so far to the best. The opinions on the custom nature of separate criminal cases said earlier shepotky do not disappear now, speak about it openly and directly not only in media, but also in corridors and offices of the power, law enforcement agencies, in meeting rooms of businessmen. "Custom affairs" became a norm of our life, means of squaring of accounts and elimination of unwanted people in policy, competitors in business, neighbors, members of families, etc. In the country fighting for compliance to the name "constitutional state", adopting the liberal laws approximate to the European legislation by the rights and freedoms of the person and citizen, magnificent color corruption blossoms and the law is easily and shamelessly violated. Officials from the power and justice are confused by neither public opinion, nor severity of punishment in case of their exposure in abuses. The words of the president and the adopted laws are ignored, treated is so free that you wonder to what degree "great and mighty Russian" can be perverted that Russians cease to understand it.

Before the arrest in July, 2009 I worked as the CEO of Sunrise LLC. It is the retail network of the electronic equipment over the country created by me in 1992. After studying of experience of the advanced retail networks in France, Germany, England, America I, hope, created the best. Sunrise if did not compete then peacefully coexisted with such brands as M.Video, Eldorado, Techno Force, etc. For 2007 our annual turnover reached about $800 million; in Moscow in network 1500 employees worked, divisions in St. Petersburg, Kazan, Perm, Novgorod, Samara, Ufa, Chelyabinsk were open …

In 2007 with the owner of Eldorado company I signed the provisional agreement (the document package is developed by the English law firm in London) about sale of 75% of stocks of Sunrise company and conversion of the company with participation and financing of Eldorado. According to the developed plan in 2007 the old companies were closed, created two new — Sunrise Russia LLC and Sanrayz-Riel-Estate LLC between which assets were divided and which could manage only jointly I and Igor Yakovlev (the owner of Eldorado in 2007).

In February, 2008 with participation of new managing employees from Eldorado the development plan Sunrise for 2008 and the diagram of opening of new shops based on old branches of Sunrise company was adopted. At schedule performance of the investments stipulated with Eldorado, process of restructuring of Sunrise network had all necessary conditions for end and the subsequent safe fast development of network and implementation of contractual relations with partners suppliers. However in the summer of 2008 the Eldorado company faced financial difficulties which entailed closing of bank limits and shipments of goods by suppliers. During the same time frame in connection with distribution of opinion on affiliation of Eldorado and Sunrise companies the largest banks and insurance companies began to close the credits not only Eldorado, but also to Sunrise and me personally (so, in June, 2008 Alfa-Bank ahead of schedule withdrew the credit of $10 million issued under my personal guarantee). As a result by the end of summer of 2008 the commodity fullness of shops of the company became lower than 50%.

There were disagreements between me and Igor Yakovlev, and for permission of these reached a deadlock relations I addressed to Alfa-Bank to which heads I announced threat to the future of Sunrise company. As a result information on problems at shareholders of Sunrise extended in all market, and suppliers at the same time reduced limits of shipment, banks began to withdraw the credits or required increase in pledge. The fact that numerous contractual relations of Sunrise with many supplier companies were complicated by improper execution, i.e. payment delays turned out to be consequence.

Threats began to come to my address — first of all threats of criminal proceedings, and a condition of not attraction I to criminal liability was meeting requirements of alienation of the largest company assets. I and the staff of the company began to be caused and interrogated often in the case of cashing in by a certain firm of money which does not have relations to Sunrise company in Absolyut bank. All communication with firm was expressed that she once bought in Sunrise goods for the amount of 102,000 rubles.

The firms which delivered goods to Sunrise and did not receive payments for it in full began to resort to different means of pressure — both by means of "criminal leaders", and by means of police officers. I met all, explaining a situation and reporting approximate terms of the beginning of a company performance. Met the management of Alfa-Bank and its division of A1 concerning future share capital structure. Previously it was decided that since 2009 Alfa-Bank will own the company and I in a proportion of 60% and 40% before completion of all negotiations (further since May, 2009 proportions changed and made 75% and 25%). All this time the company actually stood idle, incurring huge losses (lease, the salary, percent on the credits and losses because of falling of real estate prices of the company). Such situation (at the actual company management by not too competent staff of Alfa-Bank) remained till May, 2009 when the new director from division of A1 of Alfa-Bank was appointed, mutual understanding of shareholders is reached, meetings of representatives of A1 with suppliers are held and the shop of Sunrise on Skladochnaya St., 1 in Moscow is again started.

At further work the company, undoubtedly, would be calculated with suppliers for what in the financial plan 2% from turnover which were deducted on repayment of old debts were put.

However the persons interested in the return began an anti-advertizing and disorganization of company management (to calls to branches and suppliers with slander, calls to militia with the message about the planted bomb, power outage, punctures of wheels of cars of the company, set fire offices and cars, threats, beating and shooting of the staff of the company). Concerning Sunrise company and me since November, 2008 check by operational divisions of the Ministry of Internal Affairs which led in February, 2009 to excitation against me criminal case was conducted.

The subsequent half a year I was broken off between need to adjust the dying-away business and to save image of the respectable partner at suppliers (continuing to make, despite everything, payments according to delivery agreements) and need to justify oneself before the investigators of GSU of the city of Moscow who were not showing understanding in questions of differentiation of the civil relations and punishable acts.

I constantly was to the investigator, trying to convince of groundlessness of criminal proceedings. Over time I understood that I am not just not understood, but do not wish to understand because in criminal prosecution me there is "a genuine interest the" of people aiming to dispossess me and asset managements of the company.

By simple manipulations with backs of the agenda and indications whether witnesses, whether the victims who announced that I allegedly threatened them by the direction of sms from the unknown phone number investigators took the next step. When I, previously having called, itself was to the investigator, was delayed and arrested by Tverskoy district court of the city of Moscow. Both the judge of Tverskoy Court, and many investigators in crew is exactly the same people who "investigated" Sergei Magnitsky's case and made decisions on his arrest.

With confidence I can tell: if me did not "close" in the pre-trial detention center, then the Sunrise company would endure all these and similar to them "zoom-in" and in the fall of 2009 would begin normally (with income) to work.

Year of my stay in the pre-trial detention center during which I strenuously tried to draw attention of heads of law-enforcement structures to mass violations of the criminal procedure, penal and civil legislation from body of the investigation which plundered the corporate property which became "ownerless" was performed. From more than six hundred addresses, petitions and complaints I received answers hardly to a third from them. And then learned that by the solution of the chief of perepiska investigating body with me it is stopped because I thus prevent investigation, I tighten it, and therefore it is inexpedient "to correspond" with me. Probably, also the prosecutor's office of the city of Moscow solved, without having sent me any answer to one of my 73 complaints to the prosecutor.

In April, 2010 charge of commission of large scale fraud (Article 159, Part 4 of the Criminal Code of the Russian Federation) is brought to me. In the resolution of the investigator as clones, 33 identical episodes in which in insignificant variations the description of circumstances and the name of the injured (supplier companies) is changed are specified. In each episode it is painted that I, being the CEO Sunrise Russia, "signed the delivery agreement", "undertook to pay", "paid some time", thus "veiling intention on taking by someone else's property", but "in the time put by agreements did not fulfill the obligations for payment of the delivered products", "having taken control of these products and having disposed at discretion". Yes, and still allegedly I acted in collusion to the people subordinated to me. However, right there in the resolution on attraction as the defendant it is specified that suppliers according to agreements went to arbitration court and that made decisions on collecting under agreements of payments, having defined, thus, legal relationship between me (firms of my company) and supplier companies as civil.

The paradoxical situation developed on my case. Refused to me interrogation, is more correct in an opportunity to give evidences. The investigator at first incorrectly stated in protocols what I told, and then interrupted statement of my indications at all, referring to the fact that I state "the version", and refused to enter my indications in minutes. Probably, according to the investigator, I had the right only to stipulating myself in crimes which I did not commit? Opportunities to write with own hand also did not give the indications in the record of interrogation to me. Formally conducted interrogations, formally asked questions, and I could not give evidences on the substance of the brought charge.

Now I am acquainted with the criminal case file which exact volume I do not even imagine because contrary to requirements of the criminal procedure legislation and my objections did not show me all volumes of criminal case in "complete volume, in the stitched and numbered type". Probably, it is justified from the point of view of interested firms people and the engaged investigators and their chiefs for whom Sergey Bobyliov with his Sunrise — already gathered and "the written-off material", but for some reason seems to me that it is a little contradicts laws and the Constitution of the Russian Federation.

Within 10 months I in many courts tried to prove and proved that I was delayed and arrested on the far-fetched bases, but Tverskoy district court does not differ in impartiality and justice, and therefore time from time prolonged terms of my detention. I do not intend to pay money for solutions in own favor as they and so are hardly enough that on ruins of my business the family somehow made ends meet. But even if would be enough, then I do not want to fill up granaries of the people, at the interstate level called "corrupt officials".

In April, 2010 the law regulating new opportunities of application of such measure of restraint as pledge was issued. The president said for the whole world that "it is not necessary to put entrepreneurs". However the rationality of these words and the law is completely disavowed by law enforcement officials who in own way interpret a concept of business activity, so, apply this law only depending on them clear and necessary expediency.

On April 30, 2010 my defenders and relatives according to new edition of Article 106 of the Code of Criminal Procedure of the Russian Federation took Tverskoy Court with the petition for application of a measure of restraint to me in the form of pledge of the real estate. But, even without having appointed court session for consideration of this petition, the acting chairman of Tverskoy district court of the city of Moscow Filippov G. M. returned these petitions to the defender, having explained that the petition for pledge "cannot be considered along with the corresponding petition of the investigator in view of like that absence". So without the consent of the investigator?! It is at least strange as similar petitions of other prisoners and their defenders are considered and satisfied even regardless of the petition of the investigator which came to court.

On May 13, 2010 once again the judge of Tverskoy district court of the city of Moscow Neverova T. V. prolonged the term of my detention. Consideration of a question about five hours during which I and my protection tried to convince court that my charge Let it pass that it unreasonable, but is anyway connected with business activity lasted. Well, apparently, I am engaged more than 18 years in business activity, heading Sunrise company which normally functioned, "without veiling" any crime respectable activity, and, at last, because of the crisis phenomena in the company and the country, abuses of partners I could not provide proper execution of delivery agreements. If it is not business activity in connection with which there were events qualified by "clever men from GSU" as fraud, then I do not know what it in general is: can, taking of bribes and investigation of "custom affairs"?

In a word, the investigator instead of the legislator interpreted the law in own way, and the judge wrote in the solution that convincing proofs that charge is connected with commission of crimes in the field of business activity, it is not provided.

Would like to note that from the date of foundation of the company I invested almost all earned money back that allowed it to raise and develop quickly in large retail chain stores for short term. Only for 2007 — the last year of a normal company performance — dividends and salary which I received into the personal account in Alfa-Bank (about $3 million) I invested in the company during the difficult period of restructuring — as a contribution to the authorized capital, and my personal expenses were less than 3% of the earned amount. For the last 5 years I did not make any major purchases, and my children study at normal schools. As a result during my stay in the pre-trial detention center I lost the company, but purchased criminal liability.

• On October 15, 2010 Sergey Bobyliov, shortly before it released on bail, published one more article "As I Was Put in Prison" in the Forbes magazine^[2]. Its text is given below.

The Russian reality is rich with nonsenses and lawlessness. And our fellow citizens ceased to be surprised to activity of the Russian "law-enforcement" system for a long time. Unfortunately, sooner or later most of citizens (bodies) are forced to face them, and after that they already should assert the right to be above nonsenses and self-interest of the people invested by the power to punish and pardon.

Excitation by budding

In the summer of 2008 in one of shops of the Sunrise company (which is division of Sunrise Russia LLC) a purchase for 102,000 rubles by the firm which is connected to the criminal case investigated by the investigator Dmitriyeva of N.I. Razumeetsya was made, such "criminal action" was the basis for conducting complete check of Sunrise Russia LLC, namely: a call on interrogations of employees, a request of all agreements with suppliers, banks, the largest buyers and also dredging of bank statements of the company for 2008. "Deep studying" of all materials suggested the investigator an idea that one more crime — concerning a certain supplier of Sunrise Russia LLC company was committed. To the selected criminal case there was assigned number 304,226, and it served as a starting point for capture of all property of Sunrise Russia LLC.

Official reports on the ground

To give the width and scale to criminal actions of the CEO of the company, consequence is official reports that I, the villain, decided to rob respectable suppliers of the computer equipment 19 years ago (even those which will be created in the future). According to the investigators, 17 years (since 1992) I only pretended to be decent, but here in 2008 my evil genius at last broke outside, and I suddenly took control in the fraudulent way of property and money of these suppliers — partners of my Sunrise company. And invested the stolen money (further in each official report the name of specific "victim" is specified) in acquisition of the land plots in the Moscow region. Yes, quite so it is also written in nine militia official reports which formed "the basis for initiation of legal proceedings". All again initiated at. merged with at. No. 304,226.

Notice, dear readers, the investigator, having written in official reports that I stole goods (computer equipment) at this or that supplier, did not specify either a method of plunder, or any set circumstances, but unambiguously said that on money from a stolen property I personally purchased the land plots.

What was the cause for so self-confident statement of law enforcement authorities because of which I got to prison?

From the moment of criminal proceedings the investigation team under the leadership of the senior special investigator Dmitriyeva N.I. for creation of visibility of investigation withdrew accounting documents on Sunrise Russia LLC and brought the volume of the criminal case file to 120 volumes. I was many times convinced that investigators with this multivolume case behave as a swan, cancer and a pike, without knowing either case papers, or what needed to find out they that if and not to set the truth on case then distinctly to accuse me of crimes and to prove charge by proofs. They were not even capable to replace failure of evidence with decent properties. As for a lifebuoy investigators grasped at the message of Cadastral chamber of the Moscow region about presence at a certain Bobyliov Sergey Anatolyevich (passport data in chamber were not) the land plot with cadastral number 50:05:0090312:21 near the village of Salkovo Torgashinsky of the rural district of the Sergiyevo-Posadsky district of the Moscow region.

First I tried to convince investigators that I have to the earth in Torgashino no relation and that at all had lands anywhere and never, and especially got on criminal money. It is useless. And in correspondence with investigators, and in courts on different procedural questions I saw all the time and heard same: it is proved that the earth is that it is purchased on stolen money, etc. The investigation easily convinced Tverskoy Court of Moscow to seize these lands as on my property …

As a result protection had to go to the ill-fated area and to establish that, really, a certain Bobyliov Sergey Anatolyevich has the land plot, and what is specified in the message of Cadastral chamber. But … in the household book of the Selkovsky settlement for 2007-2011 (p. 220-221) specific passport and address data of this owner were detected. Bobylyov Sergey Anatolyevich was him, the most this passport of the name and a surname registered and living in this area and having with only one difference — the letter "yo" in the termination of a surname is 10 years more senior than me.

Sergey Anatolyevich very much was surprised to a visit of the lawyer and information that his "family estate" where he is engaged in farming, is under arrest and will be any minute taken away. Having shown to the defender the documents of title — a sample even 1992 — on the specified land plot, Sergey Anatolyevich asked not to give in offense not only it almost the namesake, but also him — hope of agriculture.

By the way, more than in a year that pretrial investigation lasted, I was not interrogated about the ill-fated farmer earth. Though I filed many petitions to the investigator with requests for it. But whether I am mute, whether the investigator is deaf — we did not find mutual understanding.

I tend to see in it malicious intent. When my defender found out questions of accessory of the mentioned earth in administration of the rural settlement, learned that they were already visited by the district police officer with similar questions and to it so distinctly and intelligibly explained: "Not that is Bobyliov! Not that is from!" Well, apparently, were mistaken. Well, recognize an error, apologize. On the contrary, investigators became hardened and with maniacal tendency began "drive" case into court. And here we here, in court. We wait for objectivity and the careful, thoughtful relation of the judge to case papers.

Arrest by means of SMS

At the predeterminated moment when all assets were counted, and experts in the conclusions gave answers that there is enough corporate property for payment with all creditors, before the investigation there was a hyper task — to put. It does not matter that half a year even did not take recognizance not to leave, and I came to investigative actions without agenda, itself calling up to the investigator and running into an appearance to explain to him that white is white. So, I am arrested at the next visit of the Main Investigation Department because the investigator Dmitriyeva claims that to her and two more witnesses I threatened by means of Sms. Tverskoy Court on behalf of the judge Podoprigorov (widely known in the matter of Sergei Magnitsky), certainly, readily trusts in all this. At the same time the federal judge is not confused at all by the fact that the investigator at first writes order in which specifies that it is necessary to identify the person using directory number from which to number of the witness the SMS of the menacing character came. And only several days later after the direction of such order to the investigator the witness who writes the application "About threat by means of the SMS" which as he assumes, proceeded from Bobyliov Sergei is. Well, you will think, dates mixed! The main thing is made: Bobyliov is arrested, the way is opened for raiders to a corporate property.

And is it important that during the whole year investigators pretended that they checked and set accessory of directory number from which the menacing SMS, and Bobyliov's participation in them came... Did not set. And your obedient servant spent more than a year to the pre-trial detention center and last month was released absolutely for other motives, than non-participation in those threats. But it costs a separate conversation.

Notes