93
on this case). Suspicions of bribery included accepting bribes by officials of ‘Latvenergo’ on the Projects
implemented by this company for reconstruction of Pļaviņas HES and ТЕС
-2. The
collected evidence
suggested that the participants of the organised criminal group received bribes to ensure that decisions on
the public procurements and construction works for the company ‘Latvenergo’ should be made in favor of
the companies registered in Spain, Turkey, and Sweden. The evidence proved that bribes were transferred to
the staff of ‘Latvenergo’ through the consulting agreements, which were signed between the intermediary
companies of the persons suspected of bribery and the foreign companies that submitted
tender
documentation. The staff of ‘Latvenergo’ and the owner of the consulting company jointly, with the purpose
of hiding the illegal sources of assets, laundered the proceeds of those crimes through different transactions
and real estate operations and investments in the companies owned by them.
During the pre-trial investigation, the proceeds of crime were arrested and confiscated to the following
amount: on 14.07.2011 – EUR 77 500; on 22.02.2012 – USD 299 965; on 09.03.2012 – USD 427 185 and
USD 15 000 (in the accounts of the foreign companies involved in money laundering), on 17.09.2012 – EUR
545 244.33 and EUR 122 263.95 (in the accounts of the foreign companies involved in money laundering,
but without confiscation in foreign jurisdiction yet). After the case has been referred to the court, the
following criminal assets were arrested and confiscated by the court in this case: on 21.05.2015 – EUR
595.68 and Estonian Kroon 36 359.27 (in the accounts of the foreign company, which was used for money
laundering); on 26.05.2015 – EUR 157 209.13 and USD 123 093.11 (in the account of the Latvian company,
which was used for money laundering); on 04.06.2015 – the apartment costing EUR 328 685 that was
registered in the name of the Latvian company, which was used for money laundering; on 08.06.2015 – EUR
197 752.89 (in the accounts of the Latvian company, which was used for money laundering); on 07.09.2015
– EUR 8 247.29 (in the accounts of the foreign company, which was used for money laundering); on
14.09.2015 – the real estate property in Latvia costing EUR 571 000 that was registered in the name of the
foreign company, used for money laundering. The case on corruption in ‘Latvenergo’ was referred to the
court in June 2017 against 12
defendants; the judgment on this case has not been rendered yet.
The following case may serve as an example of effective special confiscation of corruption assets in
Romania
: the case of the convicted WS; while serving as a Personal Adviser to the Mayor of Bucharest,
during the period from May 2012 to May 2015, the person demanded money in the amount of EUR 230 000
on some occasions and, finally, got the money in few instalments to the amount of EUR 179 000 from the
witness-whistleblower for influencing the officials of municipality and Members of the General Council in
Bucharest, who were expected,
under his control, to initiate and take decisions, which were required for the
construction of three hypermarkets in the district of the Municipality of Bucharest. During the criminal
investigation the Prosecutors arrested all movable and immovable property of the suspected person. During
the court proceedings the court upheld the order of the Prosecutor’s Office for arrest of the followings assets:
1 apartment, one half interests in the property – 2 commercial premises and 1 apartment, and 2 vehicles.
After assessment of the evidence, and based on the paragraph d) of the Article 112
of the Criminal Code,
whereby the special confiscation should be applied to money and assets, provided to induce a person to
commit a particular crime or for the purpose of making payment to the perpetrator, the court decided to
confiscate money in the amount of EUR 154 000, which was received by the accused person when a crime
was committed in the form of trading in influence (the decision of the Bucharest Court of Appeal No.185 of
2016).
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