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Criminal case initiated on deliberate and fictitious bankruptcy
A1Plus.am
01 0ct 2010
The State Interests Protection Department of the RA General
Prosecutor's Office has initiated a criminal case on deliberate and
fictitious bankruptcy committed by the head of the "Haykartat" Ltd.
By examining the materials prepared by the Investigation Department of
the RA State Revenue Committee it has turned out that the tax
obligation of the "Haykartat" Ltd. to the State Budget was 244 951 300
drams included the fines and penalties based on the decision of the RA
Administrative Court made on December 25, 2008 which the head and
founder of the company A. Ajamoghlyan didn't pay and applied to the
Court to declare the company bankrupt.
On February 2, 2009 the RA Southern Civil Court declared the company
bankrupt. On July 30, 2009 the process of bankruptcy was completed and
the company liquidated.
During the investigation the head of the company has stated that he
didn't fulfill about 250 million tax obligations in 2007 which brought
the company to liquidation.
Based on the explanation given by A. Ajamoghlyan on July 15, 2010 the
investigation body made a decision on refusing the launch of the
criminal case for there was a lack of formal elements of crime.
However the decision was made ignoring a number of documents and in
particular the Court didn't consider the fact that in 2006-2009 the
"Haykartat" Ltd. implemented building works of about 380 million drams
for the RA Ministry of Defense. A. Ajamoghlyan cashed a considerable
sum of the money and didn't fulfill his tax obligations.
Besides by coming to a prior agreement with his uncle M. Grigoryan who
was the founder of "Haykmikh" Ltd., in 2007-2008 A. Ajamoghlyan used
false documents and registered his own personal lot, private house and
bread and woodwork shops in his uncle's name in order to avoid
property obligation. Then on January 22, 2009 he applied to the Court
with the claim to declare his company bankrupt though there was a lack
of bankruptcy elements.
However not completing the bankruptcy process of the "Haykartat" Ltd
A. Ajamoghlyan registered the shares of the "Haykmikh" Ltd. in his
name and continued the building works of the RA Ministry of Defense.
The bankruptcy manager Kh. Nazaryan didn't mention the reasons of
bankruptcy and the elements of deliberate bankruptcy in the analyses
of the debtor's financial condition in the process of bankruptcy as a
result of which a damage of 244 951 300 drams was caused to the State.
Taking into consideration the fact that the materials were prepared
incompletely it has been decided to abolish the decision on initiating
a criminal case made on July 15, 2010 and to initiate a criminal case
according to the RA Criminal Code Articles 193, 38-193, 194, 214 part
2 and 325 part 2. The criminal case has been sent to the General
Investigation Department of the RA Police to carry out the preliminary
investigation of the case.
From: A. Papazian
A1Plus.am
01 0ct 2010
The State Interests Protection Department of the RA General
Prosecutor's Office has initiated a criminal case on deliberate and
fictitious bankruptcy committed by the head of the "Haykartat" Ltd.
By examining the materials prepared by the Investigation Department of
the RA State Revenue Committee it has turned out that the tax
obligation of the "Haykartat" Ltd. to the State Budget was 244 951 300
drams included the fines and penalties based on the decision of the RA
Administrative Court made on December 25, 2008 which the head and
founder of the company A. Ajamoghlyan didn't pay and applied to the
Court to declare the company bankrupt.
On February 2, 2009 the RA Southern Civil Court declared the company
bankrupt. On July 30, 2009 the process of bankruptcy was completed and
the company liquidated.
During the investigation the head of the company has stated that he
didn't fulfill about 250 million tax obligations in 2007 which brought
the company to liquidation.
Based on the explanation given by A. Ajamoghlyan on July 15, 2010 the
investigation body made a decision on refusing the launch of the
criminal case for there was a lack of formal elements of crime.
However the decision was made ignoring a number of documents and in
particular the Court didn't consider the fact that in 2006-2009 the
"Haykartat" Ltd. implemented building works of about 380 million drams
for the RA Ministry of Defense. A. Ajamoghlyan cashed a considerable
sum of the money and didn't fulfill his tax obligations.
Besides by coming to a prior agreement with his uncle M. Grigoryan who
was the founder of "Haykmikh" Ltd., in 2007-2008 A. Ajamoghlyan used
false documents and registered his own personal lot, private house and
bread and woodwork shops in his uncle's name in order to avoid
property obligation. Then on January 22, 2009 he applied to the Court
with the claim to declare his company bankrupt though there was a lack
of bankruptcy elements.
However not completing the bankruptcy process of the "Haykartat" Ltd
A. Ajamoghlyan registered the shares of the "Haykmikh" Ltd. in his
name and continued the building works of the RA Ministry of Defense.
The bankruptcy manager Kh. Nazaryan didn't mention the reasons of
bankruptcy and the elements of deliberate bankruptcy in the analyses
of the debtor's financial condition in the process of bankruptcy as a
result of which a damage of 244 951 300 drams was caused to the State.
Taking into consideration the fact that the materials were prepared
incompletely it has been decided to abolish the decision on initiating
a criminal case made on July 15, 2010 and to initiate a criminal case
according to the RA Criminal Code Articles 193, 38-193, 194, 214 part
2 and 325 part 2. The criminal case has been sent to the General
Investigation Department of the RA Police to carry out the preliminary
investigation of the case.
From: A. Papazian