In accordance with the resolution of the Shevchenko District Court of Kyiv dd. 22.08.2019, the Security Service of Ukraine carries out pre-trial investigation in criminal proceedings No. 1201715003000000186 dd. 14.01.2017 under Article 190 of the Criminal Code (fraud).
According to the court materials, based on the investigation data, “unidentified persons by means of deception with the use of Ahronovokom LLC and the Cypriot company Rabiturna Limited by opening irrevocable documentary uncovered letter of credit in favor of the companies Cargill Siternational SA and Cargill Incorporated Petroleum Trading (the companies of Cargill group - the shareholder of Delta Bank JSC) under the credit agreement No. 151311K25 dd. 29.12.2011, during 2013, they have acquired funds of PJSC State Export-Import Bank of Ukraine of particularly large sums of money in the amount of UAH 1 321 380 201.53” (quotation).
As noted, on 29.12.2011 Ukreximbank and Ahronovokom LLC signed an agreement № 151311K25 on lending by opening an irrevocable documentary uncovered letter of credit. In accordance with the terms of the loan agreement, the state bank provided a loan to Ahronovokom LLC by opening:
- irrevocable documentary uncovered letter of credit in the amount of USD 5.5 million with the payment term of 360 calendar days from the date of acceptance of documents to secure the borrower`s obligations to Cargill Siternational SA;
- an irrevocable documentary uncovered letter of credit in the amount of USD 24.99 million maturing in 360 calendar days from the date of acceptance of the documents to secure the borrower`s obligations to Cargill Incorporated Petroleum Trading.
A number of real estate objects were mortgaged by property guarantors of Ukreximbank JSC to ensure the fulfillment of obligations of Ahronovokom LLC under the loan agreement.
According to court materials, Ahronovokom LLC has failed to fulfill its debt obligations under the loan agreement, and as of 28.01.2015 the debt amounted to USD 38.3 million and UAH 19.45 million. On October 5, 2015, Ahronovokom LLC changed its name to Marilkomfrukt LLC, as well as its location from Kyiv city, 26 Lesia Ukrainka Boulevard, office 810 for Mykolaiv, 2-A Robocha street.
On May 24, 2016, the Commercial Court of the Mykolaiv Region in case No. 915/471/16 declared Marilkomfrukt LLC bankrupt and opened a liquidation procedure. The only creditor of the company is Ukreximbank, the recognized requirements of which are UAH 1.32 billion.
Context
On 19.03.2019 Pechersk District Court of Kyiv partially satisfied the claim of Ukreximbank against Mykola Lahun (in the case No. 757/3996/15-ц) and decided to recover from the defendant in favor of the plaintiff the debt under the loan agreement No. 151311K25 dd. 29.12.2011 in the amount of USD 38.3 million and UAH 19.3 million.
At the same time, the court rejected the counterclaim of M. Lahun to Ukreximbank on the recognition of the surety agreement as invalid. Marilkomfrukt LLC appears as the third party in this dispute.
On 15.08.2019, the Supreme Court upheld the decision of the lower courts in the case No. 910/21950/15, which satisfied the claim of Ukreximbank for foreclosure on the real estate of Krem-1 LLC to repay the debt of Ahronovokom LLC (Marilkomfrukt LLC) to Ukreximbank for the same loan agreement No. 151311K25 dd. 29.12.2011 in the amount of USD 44.3 million and UAH 27 million.
The subject of the mortgage is land plots on 28.45 hectares in the Kyiv region (Kyiv-Sviatoshyn district, Bilohorodka village), with the purpose of construction.
Antonina Lahun (the sister of the former majority shareholder of the bankrupt Delta Bank, Mykola Lahun) and Cypriot Eleni Laou are listed in the State Register as the ultimate beneficiary of Kream-1 LLC.
On 30.05.2018, the Kyiv Court of Appeal satisfied the appeal of Ukreximbank and changed the way of execution of default judgment of the Obolonsk District Court of Kyiv dd. 26.05.2016 (in case No. 756/3931/15), which partially satisfied the claim of the state bank and to repay the debt of Marilkomfrukt LLC in the amount of USD 38.3 million and UAH 19.5 million was recovered from Antonina Lahun UAH 1.24 million by way of foreclosure on three of her apartments (the area of which is 86.9 square meters, 15.3 square meters and 30.1 square meters). These apartments were pledged to Ukreximbank under the loan agreement No. 151311K25 dated 29.12.2011.