IMPARȚIALITATE·INTEGRITATE·EFICIENȚĂ
August, 8th, 2013
Press release
By its decision from the 8th of August, 2014, the Court of Appeal Bucharest ruled the following:
The conviction of the defendant VOICULESCU DAN to the punishment of 10 years imprisonment. The court also denied to the defendant VOICULESCU DAN, both during the execution of the punishment and for a period of 5 years after the execution of the main punishment, the following rights: the right to be elected in public authorities or in public elective positions, the right to hold a position involving the exercise of the state authority and the right to hold a position such as: director/ mandatory/ associate/ administrator/ real beneficiary of a company or its appointee, in the country or abroad, and to exercise a profession of the same nature as the one the defendant used in order to commit the following offence: money laundry committed through repeated acts.
The conviction of the defendant POPA CORNELIU to the punishment of 8 years imprisonment. The court denied to the defendant POPA CORNELIU, for a period of 5 years after the execution of the main punishment, the following rights: the right to be elected in public authorities or in public elective positions, the right to hold a position involving the exercise of the state authority and the right to hold a position or to exercise a profession of the same nature as the one the defendant used in order to commit the following simultaneous offences: establishing, with intention, a diminished value with regards to the real commercial value, of the goods belonging to the economic operators having the state or an authority of the local public administration as a shareholder, perpetrated as part of privatization or forced execution process, reorganization or judiciary winding up or during a commercial operation, or of the goods belonging to the public authority or institutions, during its sale or forced execution action, perpetrated by those having management, administration, management, forced execution, reorganization or judiciary winding up duties, all committed through repeated acts.
The conviction of the defendant SANDU JEAN-CĂTĂLIN to the punishment of 6 years imprisonment. The court denied to the defendant, for a period of 5 years after the execution of the main punishment, the following rights: the right to be elected in public authorities or in public elective positions, the right to hold a position involving the exercise of the state authority and the right to hold a position or to exercise a profession of the same nature as the one the defendant used in order to commit the following offences: complicity to establishing, with intention, a diminished value with regards to the real commercial value, of the goods belonging to the economic operators having the state or an authority of the local public administration as a shareholder, perpetrated as part of privatization or forced execution process, re-organization or judiciary winding up or during a commercial operation, or of the goods belonging to the public authority or institutions, during its sale or forced execution action, perpetrated by those having management, administration, management, forced execution, reorganization or judiciary winding up duties, all committed through repeated acts.
The conviction of the defendant MENCINICOPSCHI GHEORGHE, to the punishment of 8 years imprisonment. The court denied to the defendant, for a period of 5 years after the execution of the main punishment, the following rights: the right to be elected in public authorities or in public elective positions, the right to hold a position involving the exercise of the state authority and the right to hold a position or to exercise a profession of the same nature as the one the defendant used in order to commit the following offences: complicity to establishing, with intention, a diminished value with regards to the real commercial value, of the goods belonging to the economic operators having the state or an authority of the local public administration as a shareholder, perpetrated as part of privatization or forced execution process, re-organization or judiciary winding up or during a commercial operation, or of the goods belonging to the public authority or institutions, during its sale or forced execution action, perpetrated by those having management, administration, management, forced execution, reorganization or judiciary winding up duties, all committed through repeated acts.
The conviction of the defendant PANTIȘ SORIN, to the punishment of 7 years imprisonment. The court denied to the defendant, for a period of 5 years after the execution of the main punishment, the following rights: the right to be elected in public authorities or in public elective positions, the right to hold a position involving the exercise of the state authority and the right to hold a position or to exercise a profession of the same nature as the one the defendant used in order to commit the following offences: complicity to establishing, with intention, a diminished value with regards to the real commercial value, of the goods belonging to the economic operators having the state or an authority of the local public administration as a shareholder, perpetrated as part of privatization or forced execution process, reorganization or judiciary winding up or during a commercial operation, or of the goods belonging to the public authority or institutions, during its sale or forced execution action, perpetrated by those having management, administration, management, forced execution, reorganization or judiciary winding up duties, all committed through repeated acts.
The conviction of the defendant SĂVULESCU VLAD-NICOLAE to the punishment of 6 years imprisonment. The court denied to the defendant, for a period of 5 years after the execution of the main punishment, the following rights: the right to be elected in public authorities or in public elective positions, the right to hold a position involving the exercise of the state authority and the right to hold a position or to exercise a profession of the same nature as the one the defendant used in order to commit the following offences: complicity to establishing, with intention, a diminished value with regards to the real commercial value, of the goods belonging to the economic operators having the state or an authority of the local public administration as a shareholder, perpetrated as part of privatization or forced execution process, reorganization or judiciary winding up or during a commercial operation, or of the goods belonging to the public authority or institutions, during its sale or forced execution action, perpetrated by those having management, administration, management, forced execution, reorganization or judiciary winding up duties, all committed through repeated acts.
The conviction of the defendant POP FLAVIUS ADRIAN to the punishment of 5 years imprisonment. The court denied to the defendant, for a period of 5 years after the execution of the main punishment, the following rights: the right to be elected in public authorities or in public elective positions, the right to hold a position involving the exercise of the state authority and the right to hold a position or to exercise a profession of the same nature as the one the defendant used in order to commit the following offences: complicity to establishing, with intention, a diminished value with regards to the real commercial value, of the goods belonging to the economic operators having the state or an authority of the local public administration as a shareholder, perpetrated as part of privatization or forced execution process, reorganization or judiciary winding up or during a commercial operation, or of the goods belonging to the public authority or institutions, during its sale or forced execution action, perpetrated by those having management, administration, management, forced execution, reorganization or judiciary winding up duties, all committed through repeated acts.
The conviction of the defendants SIN GHEORGHE and BACIU CONSTANTIN to the punishment of 4 years imprisonment with the suspension of the execution of the punishment under a surveillance term of 6 years, for committing the simultaneous offences of: complicity to establishing, with intention, a diminished value with regards to the real commercial value, of the goods belonging to the economic operators having the state or an authority of the local public administration as a shareholder, perpetrated as part of privatization or forced execution process, reorganization or judiciary winding up or during a commercial operation, or of the goods belonging to the public authority or institutions, during its sale or forced execution action, perpetrated by those having management, administration, management, forced execution, reorganization or judiciary winding up duties, all committed through repeated acts.
The conviction of the defendants PETRE ALEXANDRU, MARINESCU GRIGORE and ENE VICA to the punishment of 3 years imprisonment with the suspension of the execution of the punishment under a surveillance term of 4 years, for committing the simultaneous offences of: complicity to establishing, with intention, a diminished value with regards to the real commercial value, of the goods belonging to the economic operators having the state or an authority of the local public administration as a shareholder, perpetrated as part of privatization or forced execution process, reorganization or judiciary winding up or during a commercial operation, or of the goods belonging to the public authority or institutions, during its sale or forced execution action, perpetrated by those having management, administration, management, forced execution, reorganization or judiciary winding up duties, all committed through repeated acts.
Also, the Court of Appeal Bucharest ruled the seizing of the following movable or immovable goods:
- an urban plot of land with a surface 29,220,03 square meters located in Bucharest, district 1, Gârlei street and of the afferent buildings registered in the same land book, that will become the property of the state free of debts.
- an urban plot of land with a surface of 4457 square meters located in Bucharest, district 1, street Gârlei, that will become the property of the state free of debts.
- an urban plot of land with a surface of 3000 square meters located în Bucharest, district 1, street Gârlei, and of the afferent buildings that will become the property of the state free of debts.
- a building located on Bucharest – Ploiești road, district 1, Bucharest, including a plot of land with a surface of 4184,41 square meters and the building with a total surface of 3140 square meters built on it, with a land surface of 1986,25 square meters, that will become the property of the state free of debts.
- from the called V. C. R. the amount of 2,984,358,3 Ron representing the equivalent value of 9,947,861 shares owned to SC C.C.A.I. SA (formerly SC ICA SA), donated by the defendant Voiculescu Dan to the so-called V. C. R. according to the donation contract.
- from the called V. C. M. the amount of 2.984.358,6 RON, representing the equivalent value of 9,947,862 shares owned to SC Applied Research and Investments Company (formerly SC ICA SA), shares that were donated by the defendant Voiculescu Dan to the so-called V. C. M. according to the donation contract.
- from the defendant Voiculescu Dan, acting as a real beneficiary of the G. SA Bucharest Company a the time the contract was closed between G. SA Company Bucharest, acting as an owner and SC R. SA, acting as a lodger, of the amounts of money classified as rent on the ground of the above mentioned contract afferent to the participation quota to benefits/losses, in a percentage of 76,5% starting with the 30th of June 2003 – the 6th of June 2006, respectively the amount of 3515756,4 USD plus the afferent VAT, calculated for BNR exchange rate valid in the day the invoices were issued, according to art. 1 from the rental contract.
- from the called V. C. M. of the amounts collected in her quality as a shareholder of G. SA Bucharest Company starting with the 6th of June 2006, according to the donation contract certified during the implementation of the rental contract between G. SA Bucharest Company, acting as a owner and SC R. SA, acting as a lodger, classified as rental fee according to the above mentioned contract, afferent to the participation quota to benefits/losses, in a percentage of 37,375% starting with the 30th of June 2003, an amount calculated by the organs that will execute the present criminal decision according to the criteria mentioned within art. 1 of the rental contract.
- from the called V. C. R. of the amounts collected in her quality as a shareholder of G. SA Bucharest Company starting with the 6th of June 2006, according to the donation contract during the implementation of the rental contract between G. SA Bucharest Company, acting as a owner and SC R. SA, acting as a lodger, classified as rental fee according to the above mentioned contract, afferent to the participation quota to benefits/losses, in a percentage of 39,175% starting with the 30th of June 2003, an amount calculated by the organs that will execute the present criminal decision according to the criteria mentioned within art. 1 of the rental contract.
Rules the freezing of the seizing measure in order to confiscate the equivalent in RON, starting with the date of the execution of the freezing decision, upon the amount of 3,515,756,4 USD plus the afferent VAT, calculated for BNR exchange rate valid in the day the invoices were issued, according to art. 1 from the rental contract, upon the movable and immovable goods of the defendant Dan Voiculescu, including upon the accounts of the companies where he acts as an empowered person, real beneficiary, associate or administrator, located in Romania or abroad, that will be identified during the execution of the present freezing decision.
Designees as the authority empowered to commission the execution of the freezing decision upon the movable and immovable goods belonging to the defendant Dan Voiculescu, including upon the accounts of the companies where he acts as an empowered person, real beneficiary, associate or administrator, located in Romania or abroad, in order to execute the special seizing of the amount of 3,515,756,4 USD plus the afferent VAT, calculated for BNR exchange rate valid in the day the invoices were issued, according to art. 1 from the rental contract, the criminal investigation organs designated by the chief-prosecutor of the Romanian Anti-corruption Directorate and the Public Finances Administration of District 1 Bucharest.
Rules the referring of the Office for prevention of crime and of cooperation with the offices of debt recovery from the member states of the European Union within the Ministry of Justice, acting as the national office for debt recovery in the field of tracking and identification of products generated from the perpetration of offences, or other goods related to offences, to perform checks in order to identify the movable and immovable goods belonging to the individuals Voiculescu Dan, V. C. R. and V. C. M., including upon the accounts of the companies where he acts as an empowered person, real beneficiary, associate or administrator, located in Romania or abroad, mentioning that the request that is going to be made by means of Camden Assets Recovery Interagency Network (CARIN) will specify that is also necessary to identify the accounts open in the name of individuals/legal entities where the above mentioned individuals act as empowered persons, real beneficiaries, associates, directors or administrators, as well as the identification of the turnover of the accounts mentioned in the appendix in order to establish the real beneficiaries.
Rules the seizing of the building located on Bucharest – Ploiești road, district 1, Bucharest, composed of a plot of land with a surface of 4184,41 square meters and the building with a total surface of 3140 square meters build on it, with a land surface of 1986,25 square meters.
Designees as the authority empowered to execute the freezing decision upon the seizing of the building located on Bucharest – Ploiești road, district 1, Bucharest, composed of a plot of land with a surface of 4184,41 square meters and the building with a total surface of 3140 square meters built on it, with a land surface of 1986,25 square meters, the criminal investigation organs designated by the chief-prosecutor of the National Anticorruption Directorate and the Public Finances Administration of Ilfov.
Maintains the insurance measures ruled during the criminal investigation of the Persecutor’s Office within the High Court of Cassation and Justice–DNA, through the ordinance dated on the 3rd of October 2008, ruling the taking of insurance measures upon the goods and amounts of money belonging to the defendants in order to recover the damages produced through the offence, as following:
A - the amounts of money available in the bank accounts owned by the defendant Voiculescu Dan in a bank, up to the amount of 15,000,000 RON- sold at the date of application of the measure of 309.604 EUR, 1.130.085 USD, 93.061 RON, 236,09 CHF and, respectively 433,00 GBP- n.n. up to the amount of 5.000.000 RON - sold at the date of application of the measure of 12,886,39 USD, frozen as result of the seizing application decision dated on the 3rd of November 2008;
B – the building located in Bucharest, Dimitrievici Pavel Kiseleff street, district 1, owned by the defendant Voiculescu Dan, with an estimated value of 250,000 EUR, subject to a seizing order.
C – the building located în Bucharest, district 2, Elev Ștefănescu Ștefan street, owned by the defendant Sin Gheorghe with an estimated value of 110,000 EUR – subject to a seizing order;
D - building located in Bucharest, district 4, Drumul Găzarului street, owned by the defendant Ene Vica with an estimated value of 88,000 EUR – subject to a seizing order;
E - Building located în Otopeni, 23 August street, Ilfov county, owned by the defendant Mencinicopschi Gheorghe and M. D. with an estimated value of 456.000 EUR – subject to a seizing order;
F – plot of land with a total surface of 504,6 square metters (measured surface of 487,21 square meters) located in Bucharest, Austrului street, District 2; plot of land of 122,01 square meters representing the undivided share afferent to the apartment, located in Bucharest, district 2, Tuzla street; plot of land with a total surface of 2,88 square meters representing the undivided share afferent to the storage room no. 217, located in Bucharest, district 2, Tuzla street; plot of land with a total surface of 3,93 square meters representing the undivided share afferent to the parking lot with no. 116 located in Bucharest, district 2, Tuzla street; a number of 10 social shares belonging to Pantiș Sorin representing o participation of 100% to the social capital of SC F. C. SRL; a number of 49 social shares belonging to Pantiș Sorin representing a participation of 49% of the social capital of SC T. E. SRL.; apartment located in Bucharest, Austrului street; apartment located in Bucharest, Austrului street.
G - building located in Bucharest, district 3, Decebal street, belonging to the defendant Sandu Jean –Catalin with an estimated value of 210,000 EUR;
H - building (plot of land + building) located in Bucharest, Bucharest-Ploiești street, district 1 with an estimated value of 1,000,000 EUR and building located in Bucharest, district 2 , Avrig street, with an estimated value of 95,000 EUR, goods owned by the defendant Săvulescu Vlad-Nicolae, subject to a seizing order.
Maintains the insurance measures ruled by the closing of the session from the 1st of July 2014 of the Appeal Court Bucharest, The Second Criminal Section, in the file no. 25497/3/2012**, as following:
- building located on a urban plot of land with a surface of 29,220.03 square meters (according to the property paper and with a surface 29,220.05 square meters according to the measurements), located in Bucharest, district 1, Gârlei street and the afferent constructions, that will become the property of the state free of debts.
- building located on a urban plot of land with a surface of 4,457 square meters located în Bucharest, district 1, Gârlei street, that will become the property of the state free of debts.
- building located on a urban plot of land with a surface of 3,000 square meters located în Bucharest, district 1, Gârlei street and of the afferent constructions, that will become the property of the state free of debts.
- a number of 5634 shares to G. I. V. and G. S.A company, in the total value of 2,535,300 RON, respectively 39.125% of the social capital of this company, donated by the defendant Voiculescu Dan to the called V. C. R..
- a number of 9.974.861 shares to C. C. A. I. S.A., in the total value of 2,984,358,3 RON, respectively 46.204775% of the social capital of this company, donated by the defendant Voiculescu Dan to the called V. C. R..
- a number of 5382 shares to G. I. V. and company G. S.A., in the total value of 2,421,900 RON, respectively 37.375% of the social capital of this company, donated by the defendant Voiculescu Dan to the called V. C. M..
- a number of 9,947,862 shares to C. C.A. I. S.A., in the total value of 2.984.358,6 lei, respectively 46.204775% of the social capital of this company, donated by the defendant Voiculescu Dan to the called V. C. M..
The court orders the appealers D. M. and D. C to pay 5,000 RON each as legal expenses to the state and each of the appealers of I. V. Group and Company G. SA Bucharest and Company C.C.A.I. SA to pay 1,000 RON each as legal expenses to the state.
FINAL
The defendants were sent to trial by the prosecutors of the National Anticorruption Directorate on December 3rd, 2008 (press release no. 327/VIII/3 from December 4th, 2008).
THE INFORMATION AND PUBLIC RELATIONS OFFICE
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