IMPARȚIALITATE·INTEGRITATE·EFICIENȚĂ
April, 1st, 2008
No. 63/VIII/3
Press release
The Information and Public Relations Office drew up a summary of the cases finalised by the anticorruption prosecutors in March, other than those already made public through press releases:
1. The prosecutors within the National Anticorruption Directorate – the Oradea Territorial Service sent to trial the defendants BOCEANU MIHAI MIŞU, former administrator of SC Topragino Agroprest SRL, Bihor County, who was charged with the offences of tax evasion and complicity to embezzlement, and SEICA CONSTANTIN, former accountant – chief of the Remeţi Forest Local Administration, Bihor County, for embezzlement with very serious consequences.
In the drawn up indictment, the prosecutors stated the following facts:
The defendant Boceanu Mihai Mişu, as administrator of SC TOPRAGINO AGROPREST SRL, failed to entirely register in the accounting documents or in other legal documents the commercial operations with oil products carried out by the company during 2002 – 2005, in order to evade complying with the fiscal duties, causing a damage to the state budget amounting to 5,894,513.73 lei (approximately 1,500,000 euro).
Moreover the defendant Boceanu Mihai Mişu, helped the former chief accountant of the Remeţi Forest Local Administration, the defendant Seica Constantin, to make, during March 2003 – December 2004, unjustified payments to SC TOPRAGINO AGROPREST SRL from the account of Remeţi Forest Local Administration, amounting to 165,357.62 RON, money that was taken by the two defendants.
During March 2003 – December 2004, the defendant Seica Constantin as the chief accountant of Remeţi Forest Local Administration within the Oradea Forest Direction, also made unjustified payments to several commercial companies amounting to 430,655.6356 lei, of which 165,357.62 lei to SC Topragino Agroprest SRL, amount representing the damage that was caused to the Oradea Forest Direction.
The case was sent to First Instance Court Oradea.
2. The prosecutors within the National Anticorruption Directorate – the Territorial Service Ploieşti sent to trial the defendants:
JUGARU NECULAI – Mayor of Râmnicelu Village, Buzău County, who was charged with the offences of the use and presentation of inexact and false documents having as result the unlawful obtaining of funds from the budget of the European Communities, forgery of writings under private signature and abuse of office against the public interests;
BARDAŞ DUMITRU – administrator of S.C. CONSTRUCTORUL 95 S.R.L. Râmnicu Sărat, who was charged with complicity to the offence of the use and presentation of inexact and false documents which has as its result the unlawful obtaining of funds from the budget of the European Communities and complicity to the offence of forgery of writings under private signature.
In the drawn up indictment, the prosecutors stated the following facts:
During 2004 – 2006, the defendant Jugaru Neculai, as manager of the project, with PHARE financing, entitled "The enhancement of the Romany minority’s conditions by creating jobs and the professional training of the members of the Romany minority from Râmnicelu Village, Buzău County", with the complicity of the defendant Bardaş Dumitru, drew up false documents which, together with other inexact documents, were submitted to the Contracting Authority (Central Finance and Contracts Unit), unlawfully obtaining the total amount of 33,958.15 euro.
The purpose of the Project was the rehabilitation of a warehouse belonging to Râmnicelu Village Hall. In its premises a section of agricultural products packaging was to be put into operation where18 persons of the Romany ethnic group were to carry out their activity.
The defendant Jugaru Neculai, as the coordinator of the above mentioned project, during the implementation of the project, awarded public procurements contracts to some companies which didn’t comply with the eligibility criteria and with the legal dispositions related to the tender selection procedure. In this manner, the budget of the Râmnicelu Village Hall was caused a damage amounting to 1,206.62 euro, representing the personal contribution of the village hall within the project.
The investigations carried out in this case showed that all the expenses made within the project didn’t comply with the strict criteria applicable for the community projects, and the contracts concluded with the suppliers of goods and services were awarded directly, without organizing some public procurement procedures.
The post monitoring reports of the authority for the implementation of the project showed that the project didn’t reach its objectives, meaning that the 18 individuals from the Romany ethnic group were not employed within the project and the section for agricultural products packaging, although created, was not operational.
The case was sent to the First Instance Court Râmnicu Sărat, Buzău County.
3. The prosecutors within theTerritorial Service Constanţa sent to trial the defendant RĂDUCANU ŞINCULEŢ ION, who was charged with attempted fraud and attempted forgery under private signature.
In the drawn up indictment, the prosecutors stated the following facts:
During September – October 2003, the defendant Răducanu Şinculeţ Ion drew up, in the name of GRUP SICOMIGA SINGLE MAN LTD and GSM LTD, several documents in which unreal data were entered (contracts of association, loan contracts), by misleading the representatives of three commercial companies from Constanţa and gave for use false payment instruments, trying to obtain for himself and for other persons the amount of 10,080,000 euro from the accounts of the Ministry of Public Finance.
The activity of the defendant was not brought to a result since the respective ministry drew up complaints which received a favorable solution, others still pending trial.
The defendant Răducanu Şinculeţ Ion, assuming the capacity as the representative of a financial group trying to make investments, signed association contracts in which fictive data were entered, with the three commercial companies and, following the use of the false writings, issued or requested that several less frequently used means of payment in the financial transactions to be vested with an executory clause, such as the bills of exchange, by misleading the representatives both of the economic agents, and of the notaries, magistrates or of some legal executors. According to the respective contracts, the defendant would obtain for himself 51% of the total amount of 10,080,000 euro which would derive from the force execution of the ministry of Economy and Public Finances, under the payment documents – bills of exchange drawn up in false.
The defendant was also sentenced for similar acts, which are concurrent with those for which he is under investigation in the current criminal case, to 7 years imprisonment.
The case was sent to the Constanţa Tribunal.
4. The prosecutors within the National Anticorruption Directorate - the Territorial Service Oradea sent to trial the defendants:
MIC VASILE, former customs worker within the Petea Customs Bureau, currently employed at the Maramureş Customs Bureau for Collecting the Excises, who was charged with the offences of instigation to bribe giving, respectively of bribe giving;
CEUCA GAVRILĂ, border police agent within the Petea Border Point, Satu Mare County, currently officer, who was charged with the offence of bribe taking.
In the drawn up indictment, the prosecutors stated the following facts:
During the night of 05/06 of September 2003, the defendant Ceuca Gavrilă received from a denouncer the amount of 120 euro, in order to comply in a defective manner the attributes related to his office. The denouncer was instigated by the defendant Mic Vasile to give bribe. In exchange, the defendant Ceuca Gavril allowed the denouncer to enter into the country with a Skoda Felicia auto vehicle, registered in France, without paying the customs guarantees provided by the law, an auto vehicle that afterwards was identified in the traffic and confiscated by the customs authorities.
In order to make difficult the performance of the criminal investigations started following these acts, the defendant Mic Vasile asked the witnesses in the auto vehicle to change their initial statements and to make false statements about the respective event, promising that, in exchange for this "service", he would pay the equivalent amount of the confiscated auto vehicle. The witnesses refused his proposal and informed the competent judicial bodies.
During December 2006 – January 2007, the defendant Mic Vasile acted on several times with the purpose of giving a bribe to the prosecutor conducting the respective case, in order for the magistrate not to send him to trial. Thus, on January 10th, 2007, at the premises of Satu Mare Territorial Bureau within D.N.A., the defendant Mic Vasile directly promised to the respective prosecutor the amount of 15,000 euro in order for the latter to render a solution of not sending to trial in the case in which the defendant was under investigation. Since the prosecutor rejected the bribe, the respective amount was not handed in.
The case was sent to the Satu Mare Tribunal.
5. The prosecutors of the National Anticorruption Directorate sent to trial the defendant NECULA FIVI, sole associate and administrator of S.C. BAZALTUL S.R.L. Slatina, who was charged with the offence of instigation to the use or presentation of false, inexact or incomplete statements, which has as its effect the unlawful obtaining of funds from general budget of the European Communities or budgets administrated by or on behalf of the European Communities, under the form of indirect participation.
In the drawn up indictment, the prosecutors stated the following facts:
During 2003, as the administrator of S.C. BAZALTUL S.R.L. Slatina, the defendant presented false documents to the representatives of the Milcov, Urzica and Izbiceni Local Councils, Olt County, and made false statements regarding the financial assessments of the companies (the turnover, profit, etc.) and the technical evaluation (professional training and the experts’ experience, their availability).
These documents were submitted by the defendant together with the tenders within the tender procedures organized by the Milcov, Urzica and Izbiceni Local Councils for the selection of the services suppliers that were to ensure the performance of the design works for "The modernization of the village road DC89 in the administrative area of Milcov Village", "The modernization of the village road DC135 Urzica - Obârşia Mare" and "The modernization of the village road Izbiceni", works financed from SAPARD non-reimbursable funds.
The above mentioned documents were used without culpability by the representatives of the Milcov, Urzica and Izbiceni Local Councils, being submitted afterwards to the Contracting Authority, the SAPARD Agency, a fact which had as its effect the unlawful obtaining by the respective local Councils of non-reimbursable European funds for the design works in amount of 321,978 RON (respectively 114,640 RON by the Milcov Local Council, 87,258 RON by the Urzica Local Council and 120,080 RON by the Izbiceni Local Council).
In order to retrieve the damage, the prosecutors ordered the seizure of the properties belonging t the person that bears the civil responsibility, namely S.C. BAZALTUL S.R.L.
The case was sent to the Bucharest First instance Court of Sector 1.
6. The prosecutors within the Alba Territorial Service of the DNA sent to trial the defendant VASILCA VASILE, administrator and major shareholder at SC Băile Sărate Ocna Mureş SA who was charged with the offence of the use or presentation of inexact or incomplete statements or documents having as result the unlawful obtaining of funds from the general budget of the European Communities or the budgets managed by, or on behalf of the European Communities, with very serious consequences, the offence of illegally changing the destination of the funds from general budget of the European Communities or the budgets managed by, or on their behalf, with very serious consequences and the offence of forgery of writings under private signature.
In the drawn up indictment, the prosecutors stated the following facts:
The defendant Vasilca Vasile, as the administrator of SC Băile Sărate Ocna Mureş SA became responsible for the Project (financed from PHARE funds) entitled "Europe Hotel***, increasing the quality of the tourism services in order to benefit from the remarkable touristic potential in the Centre Region, the industrial extracting area of Apuseni Mountains", in order to offer touristic services of high quality in the respective area, with a very important but insufficiently exploited touristic potential.
On the occasion of receiving the down payment and also on the occasion of receiving the installments and the final payment, the defendant submitted false, inexact and incomplete documents (technical and financial reports, false CVs belonging to the persons involved in the project, etc.) which had as its effect the unlawful retention of the amount of 84,961.5 euro.
The defendant misappropriated a part of this amount, respectively she used the amount of 10,530 euro for purposes other than provided in the project. Moreover, the defendant Vasilca Vasile falsely submitted the amount of 59,401.56 euro as a personal contribution to the implementation of the project.
The Ministry of European Integration constituted itself as a civil party in the criminal case with the amount of 68,00.56 euro. In order to retrieve the damage, the prosecutors imposed the seizure of a property belonging to the SC Băile Sărate Ocna Mureş SA.
The case was sent to Aiud First instance Court.
Regarding the six criminal cases above mentioned, it is worth mentioning that this stage of the criminal proceedings represents, according to the Criminal Procedure Code, the finalisation of the criminal investigation in order for the indictment to be sent to court for trial, a situation which cannot under any circumstances infringe the principle of presumption of innocence.
THE INFORMATION AND PUBLIC RELATIONS OFFICE
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