Jury’s verdict surprised many
PETROPAVLOVSK-KAMCHATSKY. December 24. VOSTOK-MEDIA – The verdict of the jury, defendants have justified a loud “crab” of the case, denied the stereotypical view that the Russian village are not like the Muscovites, millionaires and people with difficult names, the newspaper said “the Kamchatka Territory.
But if Embarek, Suslov and Gontmakher innocent, I ask: who the mafia then? Perhaps it is we, the citizens of the country where such judgments are possible, says the correspondent of publication.
Gontmakher freedom!
In September 2007 in Moscow were detained by the president of the American company «Global Fishing Inc» U.S. citizen Arkady Gontmakher and its Russian partners of ZAO Eastern Fish Resources: President Aziz Embarek and Alexander Suslov, the chief accountant.
They were charged with three charges: criminal community leadership, development of natural resources of the continental shelf and exclusive economic zones of Russia without permission, as well as money laundering, proceeds of crime. According to police, the Russian crab illegally harvested by the courts “of the Eastern fisheries, through the Busan under the guise of legal products supplied to the« Global Fishing »for further sales in the U.S..
Corollary went about 2 years. In 2010, the criminal case was referred to the Kamchatka regional court, which granted the defendants’ participation in the process of jurors.
Jurors listened to it for 3 months. During this time, the prosecution presented to them for almost 80 witnesses (mostly members of the crew), records of telephone conversations defendants in the case, the data from the laptop, which was withdrawn from Gontmakher at the time of arrest, etc. All this, in its view, prove the guilt of the defendants.
The final stage of the process before the jury was put 30 questions, which contained the charges. December 16 was announced the verdict, which sounded like a thunderbolt. 24 questions the jury was left without an answer. At 5 responded: “not proven”. And only 1 item found proven, but with substantial reservations (for example, was excluded final digit economic damage). As a result, all the defendants who were detained in September of 2007, were acquitted and released in the courtroom.
Of course, the indictment was not ideal. It was assumed that the jury can remove 1 of 3 charges. But to all 3! Reality has surpassed expectations.
Thus, the jury decided that Gontmakher, Embarek and Suslov were not the ringleaders of the criminal community, not stolen from the Russian 9000 tons of crab, not caused her damage by 5 billion rubles. Now these three citizens the right to punish our country for the warrantless arrest, the detention of ships and destroyed businesses. According to the most approximate estimates, the amount of lawsuits can drag on dozens or even hundreds of millions of dollars.
In addition, the jury ruled mention of the defendants’ connections with the staff of the Coast Guard of the FSB. This means that the ranks of guards was not a “werewolf” that they are not “kryshevali” poaching, not trade secret data on the status of patrol vessels and aircraft of the FSB (apparently a leak of this information is by itself).
The verdict of the jury have to take this for what it is. But it’s worth noting that the jury has its own specifics. It can be compared with the theatrical action. The sympathies of justice, there may be on the side does not matter who is right and the one who speaks more convincingly and emotionally. I admit that lawyers Gontmakher, Embarek and Suslov showed a more interesting spectacle than prosecutors. In their speeches sounded fun, witty suggestions, quotations from movies that could not win the hearts of viewers.
We probably still too quick with the introduction of jury trials for 50 years. But this is only my subjective opinion. Those who are interested in it, is the next part of this publication.
Inventions of the author
I followed the process and attended court hearings, even though the defense tried to keep my presence. As a result, I had a lot of questions. Will focus on the most simple. Next, I will use the data that I heard in court. Perhaps not all of them exactly, but close to the truth.
As mentioned above, the defendants were accused of organizing illegal catch more than 9,000 tons of crab in the period from January 1 to June 30, 2007. Fishery were 17 vessels that were owned firms “holding” “Oriental fish resources” or they were rented (I write holding in quotes, because officially it does not exist).
At trial, Aziz Embarek said that the fleet of “holding” is not physically able to produce such a volume of 0.5 years. Let us count ourselves. Take 6 months. You can take 2 months by storms and other force majeure. Remains 4. Multiply by the average number of days per month – 30. We get 120 days. Multiply 120 by the average daily catch krabolova – 5 tons (note that the last number called himself Embarek). It turns out that a crabber during this period could get about 600 tons. Now multiply this amount by the number of vessels – 17. As a result, we are the same more than 9,000 tons. More precisely, 10.200. Maybe the Navy “holding” was nevertheless afford to catch so many?
Now another zadachka. Embarek told the court that a “holding company” have quotas for 7000 tons of crabs: its own quota – 4.5 thousand tons, plus 2,5 thousand tons of companies that were “holding company” bought. I will not dispute this figure. We take it for truth. Now divide 7000 by 17 ships. It turns out that for every crabber had, on average, 400 tons. Divide the 400 tons of the daily catch – 5 tons. Hence, the vessel could learn the scope for about 80 days or 2.5 months. And what was supposed to take it to the rest of the year? Buying products at sea from vessels of other companies for resale «Global Fishing», as they say the defendants? But why Gontmakher fly through the Eastern fisheries’ products, which it directly could buy cheaper?
Come back to Embarek said that one day crabber, on average, 5 tons of catches. It is perfectly true. But here the court itself Embarek rarely showed such a catch. Krabolovy “holding” may in the long term to show the daily catch is less than a ton (0.112 m, 0.124 m, 0.138 m, and so on). What capitalist would keep the sea mob fleet with such miserable performance? However, the fleet of “holding company” remained in the fishery. Moreover, work is clearly at a loss, having a duty to «Global Fishing» $ 50 million, “holding company” continued to buy the company and the navy (and even took the court for rent)! Find the logic in these actions is possible only if we assume that, in fact krabolovy extracted much more, but concealed part of the catch. If this were so, how fleet owners might not know about it? If they relied only on official data on catches, then why such low numbers going to pay the salaries crews pay for other expenses (about profits here and there is no speech)?
But look for the answer to these questions after the jury’s verdict did not make sense. I just wonder why they themselves jurors such questions do not arise.
“The animals” in uniform
At trial, defense lawyers say many good things about their clients. According to them, the defendants were honest businessmen who developed a business in Russia, created jobs, paid taxes. But they forgot to mention one more unquestionable advantage defendants. “Eastern Fish Resources (” CDF “), as well as their American partner, not only had nothing to poaching, but also themselves struggling with him, not sparing their own funds. Now we can openly say that the company “PFP” played a prominent role in the development of marine protection in the Far East in the face of the North-Eastern border control (SVPU).
The most active cooperation between them began to develop when the frontier was headed by Valery Putov. One of the first interview Kamchatka Valery was published under the suggestive title: “Everything in this life you have to pay.” Considerable attention was given to the problem of corruption. Here is what V. Putov said of officials who collect bribes from business: “You have corrupted them in Kamchatka for yourself. If it was an honest fisherman – why pay him? And when he was a poacher – a different matter. ” But to further the narrative these words are nothing, of course, do not have.
So, about 2003 UAB “PFP” was actually an official sponsor of the frontier. For example, the company financed the publication of a book edited by Putov North-Eastern regional border management FSB: Past and Present “, which was of great educational value for young guards (incidentally, co-sponsor of this publication acted ZAO Malkinskiye, whose founder was “Iyanin Koutya” read – Ivan Mikhnov, also a very decent man).
In addition, according to my data, ZAO “PFP” presented a border management Jeep made in Japan. Gift was accompanied by the following words: “Historically, (!) SVRPU between the FSB and ZAO Eastern fisheries resources” have developed business (!) And warm relations. Realizing all the inherent difficulties in providing logistical support and funds Border Service of Russia, to enhance mobility for the protection of state borders enable us to address the group ZAO Eastern fisheries, as mentoring to bring a gift SVRPU FSB car “Toyota Land Cruiser.
Of course, “luxury” SUV was greatly increase the “mobility to protect the state border.”
3 years ago I asked for border management to confirm or deny the fact of such mentoring. Then I got no answer. But today the frontier there is no reason to hide such a fact if it was because of ZAO Eastern fisheries “exonerated.
But that’s not all. After the arrest of Arkady Gontmakher Internet statement was issued employee of his company Gene Ehasz, which has these words: “Arkady and« Global Fishing »spent millions of dollars to improve the status of border guards and tried to put an end to illegal fishing.”
Word for word in the English phrase sounds so: «The fact of the matter is that Arkady and Global Fishing have spent millions of dollars to help upgrade the border guards and try to do away with the illegal fishing». And the context of the letter casts doubt on the fact that we are talking about the U.S. border.
But who will turn the language to call all this corruption? Indeed, in our country since ancient times has become a tradition to thank the sovereign’s modest offerings of people for their heroic work. This is done is always absolutely selflessly, with a pure heart.
However, sometimes the police somehow painfully react to such facts. For example, last year was brought before a court officer of the Kamchatka regional hospital for the fact that under the guise of sponsorship from the citizens took 9.300 rubles. Although he has spent money on himself, and to improve the financial position of one of the departments of the hospital, the man was found guilty of abuse of office and punished. Apparently, the aggravating circumstance of his guilt was that he was not a general.
I regret to say that in the short term ZAO Eastern fisheries would not be able to provide sponsorship Border Service and other government agencies. But I am sure that as soon as the company’s fleet once again working at full force, again she would take over their patronage.
And one more interesting detail. At the trial was made that the negotiations within the fishing expedition “holding” patrol vessels designated a code word “animals”. And this is symbolic. After all, animal, we usually call harmless and friendly members of the animal world, which can be easily tamed.
Who is to blame?
If Gontmakher, Embarek and Suslov innocent, the question arises: who is to blame then who is the same – the mafia? The number of suspects is unusually wide.
Too many people who work in areas such as fishing business, the protection of living aquatic resources, industrial science and so on and so forth, well knew what the “holding” “Oriental fish resources.” Yes, we knew, but said nothing, turned a blind eye, permit, warrant, which amounts to complicity. Let’s lift the stone with soul and admit that we are the mafia.
Cyril Marenin.
P.S. Arkady Gontmakher happy release for long. Shortly after the announcement of the acquittal tried to detain him again. According to our source, it happened in another criminal case in which an AA Gontmakher. It is about the same scheme as described in the indictment for “Eastern fisheries, but here are named other firms producing for the crab« Global fishing »(presumably, Inc.” Sea Raven “and” Sea Eagle “).
However, on December 17 Petropavlovsk city court dismissed the petition of the senior investigator for especially important for the investigation of the Directorate-General for Internal Affairs of Russia Far Eastern Federal District on measures of restraint in the form of detention.
According to city court spokesman Alexander Zhuravlev, author of the application has not provided evidence that this citizen will disappear from the bodies of preliminary investigation, or may conduct criminal activity.
In addition, from the submitted to the court documents show that the suspect will be provided in Petropavlovsk place of residence and registration.
