IMPARȚIALITATE·INTEGRITATE·EFICIENȚĂ
December, 4th, 2008
No. 327/VIII/3
Press release
The prosecutors within the National Anticorruption Directorate sent to trial a number of 13 defendants, in connection with the fraudulent privatisation of the Institute for Food Research (S.C. I.C.A. S.A.) from Bucharest, to the advantage of Dan Voiculescu, the president of the Conservative Party (former Romanian Humanist Party). The privatisation was carried out by under-evaluating the assets of the Institute with the sum of 7,796,198 Euro.
Thus, the following defendants were sent to trial:
VOICULESCU DAN, the founding president of the Conservative Party (former Romanian Humanist Party), major shareholder of SC ”the Industrial Group Voiculescu and Company” (GRIVCO) SA Bucharest, member of the Shareholders’ General Assembly (A.G.A.) and of the Board of Directors (C.A.) of the former Food Chemistry Institute, actual Institute for Food Research (I.C.A.), member of A.G.A and executive manager of SC ”Bioprod” SA Bucharest, who was charged with the offences of exerting the influence and authority, by a person who has a leading position in a party, in order to obtain for himself or for another person, money, goods, or other undue advantages and of money laundering, both committed through repeated facts and activities;
POPA CORNELIU, general director and president of the Board of Directors of the State Domain Agency (A.D.S.), who was charged with the offences of intentionally establishing a diminished value in comparison with the real market value of the assets belonging to the economic agents at which the state is a shareholder, committed within the privatisation action, in order to obtain for himself or for another person money, goods or other undue advantages, through repeated facts and activities;
SANDU JEAN-CATALIN, administrator at SC”Benefica”SA Bucharest (company within GRIVCO group) during 01.01.2002 – 28.01.2005, director of the Judicial direction within A.D.S. during October 2001- May 2005, member of A.G.A. of S.C. I.C.A. SA Bucharest during November 2003, executive secretary of the Conservative Party (former Romanian Humanist Party P.U.R) and vice-president of the Authority for State Assets Recovery (A.V.A.S.), who was charged with the offences of complicity to the offence of intentionally establishing a diminished value against the real market value of the assets belonging to the economic agents at which the state is a shareholder, committed within the privatisation action, in order to obtain for himself or for another person money, goods or other undue advantages;
MENCINICOPSCHI GHEORGHE, member of P.U.R., general director and member of A.G.A. and, afterwards, of the Board of Directors (C.A.) of I.C.A. S.A. Bucharest, who was charged with the offences of:
complicity to the offence of intentionally establishing a diminished value against the real market value of the assets belonging to the economic agents at which the state is a shareholder, committed within the privatisation action, in order to obtain for himself or for another person money, goods or other undue advantages;
abuse of office against the public interests;
forgery of documents under private signature;
PANTIS SORIN, member of P.U.R. and executive manager of GRIVCO S.A. Bucharest, who was charged with the offences of complicity to the offences of:
intentionally establishing a diminished value against the real market value of the assets belonging to the economic agents at which the state is a shareholder, committed within the privatisation action, in order to obtain for himself or for another person money, goods or other undue advantages;
forgery of documents under private signature;
SAVULESCU VLAD-NICOLAE - director of the Direction for Privatisation and Transferring of Rights of A.D.S. who was charged with the offences of:
complicity to the offence of intentionally establishing a diminished value against the real market value of the assets belonging to the economic agents at which the state is a shareholder, committed within the privatisation action, in order to obtain for himself or for another person money, goods or other undue advantages;
instigation to committing the offence of intellectual false
use of false;
DOMNISORU GHEORGHE MARIAN - expert within the service for Privatisation of A.D.S who was charged with the offences of:
complicity to the offence of intentionally establishing a diminished value against the real market value of the assets belonging to the economic agents at which the state is a shareholder, committed within the privatisation action, in order to obtain for himself or for another person money, goods or other undue advantages;
intellectual false;
use of false;
SIN GHEORGHE, member of A.G.A. of S.C. ”the Institute for Food Research ”S.A. Bucharest who was charged with the offences of:
- complicity to the offence of intentionally establishing a diminished value against the real market value of the assets belonging to the economic agents at which the state is a shareholder, committed within the privatisation action, in order to obtain for himself or for another person money, goods or other undue advantages;
- abuse of service against the public interests;
BACIU CONSTANTIN representative of the Ministry of Agriculture in the Shareholders’ General Assembly of I.C.A., who was charged with the offences of:
complicity to the offence of intentionally establishing a diminished value against the real market value of the assets belonging to the economic agents at which the state is a shareholder, committed within the privatisation action, in order to obtain for himself or for another person money, goods or other undue advantages;
abuse of service against the public interests;
PETRE ALEXANDRU, MARINESCU GRIGORE AND ENE VICA - auditors of S.C. ”the Institute for Food Research” S.A. Bucharest and POP FLAVIUS-ADRIAN - member of the Board of Directors of I.C.A. Bucharest, who were charged with the offence of complicity to the offence of intentionally establishing a diminished value against the real market value of the assets belonging to the economic agents at which the state is a shareholder, committed within the privatisation action, in order to obtain for himself or for another person money, goods or other undue advantages.
In the drawn up indictment, the prosecutors stated the following facts:
During 1991-2003, the above mentioned defendants carried out a series of fraudulent financial and commercial operations in order to make easier for S.C. GRIVCO S.A. Bucharest to obtain through auction the share package owned by A.D.S at I.C.A., at a considerable smaller price compared to the real market value, under discriminating and non-transparent circumstances and by under-evaluating the assets and the investments. The Institute for Food Research became attractive due to its valuable fixed assets, respectively the land with an area of 36,676.79 square meters and constructions with an unfolded surface of 9,983 square metres, located in the residential area of Baneasa Lake and close to all utilities.
With the above mentioned purpose, during May 31st, 2002 – November 24th, 2003, the defendant Voiculescu Dan exerted his influence as the president of P.U.R. over the defendants Mencinicopschi Gheorghe (member of P.U.R., general director and member of A.G.A. and, afterwards, of C.A. of I.C.A. S.A. Bucharest,) Pantis Sorin (member of P.U.R. and executive manager of S.C. Grivco S.A. Bucharest) and Sandu Jean Catalin (executive secretary of the Conservative Party, former P.U.R., administrator of S.C. BENEFICA S.A Bucharest, company within GRIVCO group, director of the judicial direction within A.D.S., during 2001-2005, member of A.G.A. of I.C.A. S.A. Bucharest in 2003).
On 16.07.2003, the defendant Popa Corneliu, as president of the Board of Directors of the State Domain Agency, approved the start, without a mandate from the Romanian state, of the privatisation process of S.C.”the Institute for Food Research” S.A. Bucharest, establishing the value of the stock of 94.5 times smaller than its real market value, with the complicity of the defendant Sandu Jean-Catalin.
On 07.11.2003, the defendant Popa Corneliu approved the continuation of the illegal privatisation procedure started in order to make possible for S.C.”Grivco”S.A. Bucharest to obtain the share package through auction, under discriminating circumstances. At the false auction organised by A.D.S. participated S.C. Grivco S.A. (represented by the defendant Pantis Sorin) and the defendant Mencinicopschi Gheorghe.
The defendants Sandu Jean-Cãtãlin, Mencinicopschi Gheorghe, Pantiş Sorin, Savulescu Vlad-Nicolae, Sin Gheorghe, Baciu Constantin, Petre Alexandru, Marinescu Grigore, Ene Vica, Pop Flavius Adrian and Domnisoru Gheorghe Marian made possible, through different ways, for S.C.”Grivco”S.A. Bucharest to obtain through auction the I.C.A. share package owned by A.D.S , at a considerable smaller price (of 75.5 times) compared to the real market value under discriminating and non-transparent circumstances and by intentionally under-evaluating the lands, constructions and the investments. The acquisition of this share package was made with the sum of 104,730 Euro, while its real market value was of 7,900,929 Euro.
During the privatisation process, the defendant Domnisoru Gheorghe Marian, as expert of the Privatisation Service of A.D.S., forged the documentation at the instigation of the defendant Savulescu Vlad-Nicolae, director within A.D.S., falsely ascertaining the fact that the publicity condition of the privatisation intention was met.
On March 30th, 2004, the defendants Mencinicopschi Gheorghe, as general director of S.C. ”the Institute for Food Research” S.A. Bucharest and Pantis Sorin – as executive manager of S.C. ”Industrial Group Voiculescu and Company (GRIVCO)” S.A. Bucharest, forged a reception official report in which they falsely ascertained the fact that the company GRIVCO SA Bucharest gave to I.C.A. SA Bucharest two equipments considered necessary for the institute’s activity and made use of this document at the Trade Register Office while registering the increasing of the social capital of S.C. I.C.A. S.A.
Subsequently, during May 24th, 2004 – February 14th, 2005, the defendant Voiculescu Dan received, on his name, the majority share package of S.C. I.C.A. S.A.(through concluding a contract for share transfers between the defendant and S.C. GRIVCO. S.A. Bucharest and through two successive operations of increasing the registered capital), knowing the illegal way in which these shares were transferred to S.C. GRIVCO S.A. Bucharest. Subsequently, the defendant donated these shares to his two daughters.
The Ministry of Agriculture and Rural Development constituted itself as a civil party within the criminal trial to recover the sum of 222,222,264 RON (the equivalent of 60,482,615 Euro), representing the effective prejudice caused in amount of 7,796,198 Euro and the use the civil party was deprived in amount of 52,686,417 Euro, value triggered by the evolution of the real estate market during 2003-2006.
In order to ensure the recover of this prejudice, the prosecutors ordered the seizure over the assets of the defendants: Voiculescu Dan (bank accounts and a real estate from Bucharest Bucureşti), Pantis Sorin (piece of land and two apartments in Bucharest), Sandu Jean-Catalin (apartment in Bucharest), Mencinicopschi Gheorghe (house in Otopeni), Savulescu Vlad-Nicolae (piece of land, house and apartment in Bucharest), Sin Gheorghe (apartment in Bucureşti), Ene Vica (apartment in Bucharest).
The case was sent to Bucharest Tribunal.
It is worth mentioning that this stage of the criminal proceedings represents, in accordance with the Criminal Procedure Code, the finalisation of the criminal investigation in order for the case to be sent to court, a situation which cannot, under any circumstances, infringe the principle of presumption of innocence.
THE INFORMATION AND PUBLIC RELATIONS OFFICE
Alte legături de la această informațiecomunicate-hotărâri de condamnare din
08 august 2014