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ALL ABOUT THE MEGA ACCUSATION
How the Todorićs spent: They spent tens of Agrokor's millions on luxury shops, trips
The file in the Agrokor case grew to about 80,000 pages, and the indictment itself was written to 459 pages.
Writes: Marin DeskovicPosted: September 15, 2020 6:53 pm
Members of the Todorić family
Members of the Todorić family
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After almost three years of investigation, the Zagreb County State's Attorney's Office on Tuesday filed an indictment in the so-called the Agrokor affair, the “main” case against the former owner of the largest food concern in the region, Ivica Todorić, and 14 other people who are charged with damaging the concern by HRK 1.24 billion from 2006 to 2017. According to the State Attorney's Office, HRK 923.6 million was obtained from Ivica Todorić, and the remaining HRK 320 million was obtained from the Dutch Agrokor Investment BV.
In addition to Ivica Todorić, the indictment covers his former closest associates, including his sons Ante , former president of the Supervisory Board of Agrokor dd, and Ivan , former executive director of Agrokor. Other members of the Management Board are: Tomislav Lučić , Executive Vice President of the Finance and Control Directorate, Ljerka Puljić , former Executive Vice President for Strategic Business Groups, Damir Kuštrak , Executive Vice President for Export Markets, Piruška Canjuga , who was Executive Vice President for Retail. 2009 and Executive Vice President for Business and Business Development, Ivan Crnjac, who was Executive Vice President for Strategy, Mergers and Acquisitions, Mislav Galić , Executive Vice President for Food, Hrvoje Balent , Todorić 's former son-in-law and Executive Vice President for Sales and Services, and since 2014 also Executive Vice President for Procurement and Services, Alojzije Pandžić , Executive Director in the Finance and Accounting Department, Marijan Alagušić , Director of the Group's Internal Audit and then Director of the Controlling Sector, Ivica Sertić , Executive Vice President for Markets, Sales and Logistics, and auditors Olivio Discordia and Sanja Hrustić .
Malversations
Since the police raided Kulmer's mansions and a number of business and private addresses in Croatia at dawn on October 16, 2017 to arrest the suspects, the file in the Agrokor case has grown to about 80,000 pages by the time the indictment is filed. The indictment itself is written on 459 pages. As the State Attorney's Office announced on Tuesday, Todorić and the others are charged with a number of embezzlements, the basic ones of which actually concern the hairdressing of the concern's business results in order to pay dividends, but also create and maintain the illusion of solvency.
“The defendants are charged that, although aware that the individual annual financial statements of Agrokor dd as a large company were prepared and presented contrary to international financial reporting standards and do not truly reflect the financial results and position, they publicly disclosed and used in business, thus misleading the general and the economic public.
False results
Thus, in the incriminated period, in the individual annual financial reports of the company Agrokor dd for 2006-2015, they falsely presented business results and significant accumulated profit from which the dividend was unjustifiably paid. In addition, they are charged with concealing the claims of the company Agrokor dd against the first defendant (Ivica Todorić, op. Cit.), Then the debts of that company to banks and other companies, as well as falsely presenting the amount of cash equivalents, these key indicators of the financial position of the company.
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AS MANY AS 15 DEFENDANTS
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In each of the above elements of financial reporting, the disproportion between the published in the annual financial statements of Agrokor dd for 2006-2015 and the actual situation is measurable in billions of kunas. Specifically, from 2006 onwards, they falsely presented business results and significant accumulated profit from which a dividend was paid without a real basis, "the Zagreb County State's Attorney's Office said in a statement on Tuesday. Also, the prosecutors claim, the defendants covered up Agrokor's liabilities to banks and other companies in various ways in their business balance sheets, as well as the claims that Agrokor had against Ivica Todorić.
From 2011 to 2016, the prosecution claims, immediately before the final balance sheet was published and the financial report for the previous year was published, the costs from the previous year were transferred from the expense account to the transitional property accounts, more precisely to the account of "other receivables from Ivica Todorić". At the same time, Agrokor's liabilities to banks due to loans and debts to suppliers were transferred to the same accounts without any basis. "With this form, the accounting offsetting of assets and liabilities was carried out from year to year without any basis, which unjustifiably increased the results in the income statement," the prosecution claims.
With this unfounded set-off, it is concealed in the business books that around HRK 55.6 million of Ivica Todorić's private expenses were covered with Agrokor's money from 2011 to 2014. A large part of these private costs originates from the account of Agrokor's Swiss subsidiary Agrokor AG from Zug, and in the business books these costs are recorded as costs of preparation for the Initial public offering (IPO), ie the initial offer of Agrokor's shares on the stock exchange. According to financial experts, the preparation for Agrokor's listing also included leasing costs for the 24-meter yacht Riva 85 Opera, payment of a concession for the Villa Castello beach in Medveja, travel, summer and winter expenses for members of the Todorić family in St. Petersburg. Moritz, New York, Paris, Dubai and the Maldives, payment for Nina Badrić's performance in Kulmer's mansions, food in Takenok, clothes of renowned brands and everything else.
Arbitration
Almost all the defendants, including Ivica Todorić and his sons, in their defense, denied the criminal offenses charged by the prosecution, and as it was written at the time, Todorić did not want to answer the prosecutor's questions during the interrogation. After being extradited from the United Kingdom, where he temporarily moved shortly before the arrests began in October 2017, and after he was soon released from pre-trial detention, Todoric opened his website, where he regularly comments on Agrokor-related events and claims that the state had robbed him of his company. He also initiated arbitration against the Republic of Croatia in Washington, which should begin soon and in which he seeks the return of the company. A measure prohibiting them from leaving Kulmer's court, ie Zagreb, is in force over them,
At the same time as the indictment was filed, the State Attorney's Office proposed to the Zagreb County Court that these measures be extended. Also, the Zagreb County Court announced that it would refrain from giving statements and interviews and responding to possible comments from defendants and defense counsel, given that the indictment had not been confirmed. The indictment will, in accordance with the Law, be assigned to the so-called to the indictment panel, which will then refer it to all defendants and their lawyers so that they can give their answer to it, ie try to challenge it. After gathering all the answers, the indictment panel will decide on its merits.
HOW THE TODORICS SPENT AGROKOR'S MONEY
Tens of millions of kunas spent on luxury stores, travel ...
According to the prosecution, which is also based on the findings of a financial and accounting expert, Ivica Todorić and members of his family used the funds of Agrokor dd and its subsidiary in Switzerland, Agrokor AG Zug, as their own. Borrowings were taken, private bills were paid, huge credit card business expenses were incurred, and only a small portion of them were settled.
Todoric is charged with extracting more than 60m kunas from Agrokor for private purposes that were not returned. And there are tens of millions of kunas of private costs borne by Agrokor dd, which, which is especially interesting, have been recorded for years as costs of preparing the IPO project, ie Agrokor's listing on the stock exchange.
Here are just some of the costs borne by the Agrokor concern:
- part of Ante Todorić's wintering costs, in the amount of HRK 123,231, in St. Moritz in February 2011.
- less than 70,000 kuna for a trip to New York by Todorić's bride and granddaughter
- almost HRK 100,000 paid to HRG Croatia for a trip to Paris in May 2011 for five members of the Todorić family
- about 170,000 kuna of "additional accommodation costs" made in January 2014 at the One & Only Hotel in the Maldives by Todorić's daughter Iva Balent and members of her family
- approximately HRK 75,000 for the Balent family's trip to Dubai in 2013
- payment of HRK 63,714 in 2011 to singer Nina Badrić for a performance at Kulmer's Palace
- a large number of invoices for the procurement of food and household necessities, from flour, milk, bananas, cheeses, Parisians and coffee to cleaning and washing products, in Konzum
- The costs of arranging the interior of Kulmer's mansions in 2009 and 2010 were covered from the account of Agrokor Zug to Stephen Ryan Design, who was paid a total of 606,000 euros.
Hundreds of thousands of euros have been spent in luxury designer clothing stores:
- Smart SRL from Milan was paid as much as 577,800 euros from 2009 to 2015
- Avi Rossini was paid 393,000 euros
- a total of 215,500 euros was spent on the purchase of suits
- Less than 100,000 euros were paid to LunaJets for charter flights
- almost 70,000 euros were spent in the Fanzoj Jagdwaffen & Ribohunt store in Austria, probably on exclusive rifles and other hunting weapons
- 30,000 euros paid for a holiday in Ibiza
- € 28,500 was spent in one day, May 13, 2009, at the Liquor Store in New York City. On official cards alone, members of the Todorić family have spent as much as 6.8 million Swiss francs in seven years.
They also paid the following private expenses:
- Iva Balent used the card for payments in stores of well-known designer brands Louis Vuitton UK, Chanel and Prada, then for cosmetics and spa treatments, and for buying clothes and shoes in luxury stores in Munich;
- Ivan Todorić withdrew cash from ATMs in Las Vegas in 2012 and paid for various goods and services, for example, in Dolce stores, Sony Store, Ermenegildo Zegna, Christian Louboutin;
- Ante Todorić also used the Agrokor AG card, especially in clothing stores, for example during his stay in Paris in 2011.
- Vesna Todorić paid 16,724 francs with a credit card for accommodation in a hotel in the Maldives, and in 2015 she spent a larger amount on shopping in Munich at the Valentino Shop. ( Zeljko Petrusic )
CHRONOLOGY
From collapse to arrest and indictment
January 2, 2017 The
first indications of serious problems in Agrokor appeared, when Moody's lowered Agrokor's rating from B2 to B3, and the probability of bankruptcy from B1-PD to B3-PD.
On March 31, 2017, the
Government sent to the Parliament a proposal for the Act on the Procedure of Extraordinary Administration in Companies of Systemic Importance, the so-called lex Agrokor.
April 4, 2017
Antonio Alvarez III, General Manager for Restructuring, arrives at Agrokor.
On April 7, 2017, the
Management Board of Agrokor submitted a request for activation of the lex Agrokor. It was signed by Ivica Todorić.
On April 10, 2017, the
Government made a decision to nominate Ante Ramljak as the Extraordinary Commissioner in Agrokor.
On 9 October 2017,
the audited financial statements were published, according to which the consolidated loss of the Agrokor Group for 2016 amounted to HRK 11.04 billion, and the loss above the value of capital amounted to HRK 14.5 billion.
On October 16, 2017, the
police entered Kulmer's mansions owned by Ivica Todorić early in the morning. Neither he nor his sons Ante and Ivan were in Croatia. An investigation has been opened against them and 12 other people.
October 21, 2017
After Ivica Todorić was sentenced to pre-trial detention, Croatia is issuing an arrest warrant for him.
On November 7, 2017,
Ivica Todorić was arrested in London on a Croatian European arrest warrant. The judge released him on £ 100,000 bail and his passport was revoked until a final court decision.
On November 20, 2017, the
investigation against Ivica Todorić and his co-defendants became final.
On February 27, 2018, the
Government proposed Fabris Perušek as the new Extraordinary Commissioner in Agrokor, and for his deputy Irena Weber, the former Advisor to the Extraordinary Management for the Property Portfolio in Agrokor.
On May 14, 2018,
Deputy Prime Minister and Minister of Economy Martina Dalić resigned in the Hotmail affair.
On June 19, 2018,
Agrokor's creditors voted for a settlement that ends the extraordinary state administration, and the concern is taken over by Russian, American and domestic banks, bondholders and suppliers.
On November 7, 2018,
Ivica Todorić was extradited to Croatia. On November 20, 2018, with a bail of HRK 7.5 million, Ivica Todorić was released from Remetinec to defend himself.
On 19 June 2019, the
bookkeeping financial expertise prepared for the criminal proceedings by the Polish branch of the reputable auditing company KPMG, ie their team led by expert witness Ismet Kamal, was completed and submitted to the Zagreb County State's Attorney's Office.
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