Kazakhstan initiated in the USA the claim against the Moldavian businessman

05 October, 2017, 13:26 337
Kazakhstan initiated in the USA the claim against the Moldavian businessman

Today the Republic of Kazakhstan has given to District court of Washington, the District Columbia, the claim against the Moldavian businessman Anatoly Stati, his son Gabriel Stati and also their two companies - Ascom Group S.A. and Terra Raf Trans Traiding Ltd (Stati). The claim is directed to indemnification and recovery of damages, following from the difficult and large-scale criminal scheme of fraud made by Stati through a group of persons and corporate structures, BNews.kz reported.

Trial is initiated in connection with the decision of the international arbitration tribunal against the Republic of Kazakhstan for the sum about 500 million US dollars. Also the Republic petitions for application of the judicial ban against Stati, the press service of Ministry of Justice of Kazakhstan reports.

Stati is accused of overestimate of cost of gas processing plant ("GPP") in Kazakhstan through a series of transactions with the unsolved related parties and submission of false financial statements. Stati was used by these forged expenses and financial statements for obtaining the offer from the Kazakhstan oil and gas company on this GPP. Later, during arbitration trial of Stati used the offer received in the roguish way and also the forged expenses and the forged financial statements as the proof confirming the cost of GPP. The considered roguish scheme has affected conclusions of arbitration tribunal when determining jurisdiction, responsibility and the indemnified loss.

Then Stati there have begun attempts to provide the arbitral award received in the criminal way in the USA and England.

During contest of actions of Stati for execution of the arbitral award and also reclamation of cancellation of the arbitral award in Sweden, the Republic of Kazakhstan has achieved compulsory disclosure of documents which have helped to expose the criminal scheme. After Kazakhstan has produced the new evidence in the continuing English trial, the High Court of England has passed the decision on June 6, 2017 that Kazakhstan managed to provide "rather convincing proofs" of the fact that the arbitral award has been received by fraud, and has ordered to carry out judicial hearings on the merits of the case. After the specified Stati's decision have addressed to judicial authorities of the State of New York, Sweden, the Netherlands and Luxembourg behind compulsory execution of the arbitral award, at the same time, without having reported about the decision of the English court.

The Republic of Kazakhstan initiated trial in the USA for indemnification caused to it as a result of Stati's violation legislations of the USA on organized criminal activity and also pronouncement of the injunction concerning Stati forbidding compulsory execution of the arbitral award received in the roguish way.

The interests of the Republic of Kazakhstan are represented by Matthew H. Kirtland from the international law firm Norton Rose Fulbright US LLP

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