Rao Russian Authors' Society Fedotov. Fedotov Sergey. The actual withdrawal of assets
The court sentenced the former head of the Russian Authors' Society, Sergei Fedotov, to one and a half years in prison. The manager was found guilty of fraud: he illegally transferred part of RAO RAO's real estate to controlled companies
Sergey Fedotov (Photo: Dmitry Serebryakov / TASS)
The Moscow Meshchansky Court sentenced the former general director of the Russian Authors' Society (RAO) Sergei Fedotov to one and a half years in a general regime colony in a fraud case. This decision was made by judge Elena Gudoshnikova on Monday, June 19, an RBC correspondent reports from the courtroom.
Fedotov told reporters after the court hearing that he was “not entirely satisfied with the verdict,” but was not yet sure whether he would appeal it. According to him, he has already begun to pay RAO the amount of damage, which ultimately amounted to about 300 million rubles. The convict repaid “about half” of the debt. “To pay the rest, you need to work. But I don’t have this opportunity because I’m in prison,” Fedotov said.
The sentence is relatively lenient, including due to the fact that Fedotov pays damages, explained his lawyer Alexander Ilduganov. However, the position of RAO prevents it from being completely extinguished, the defense attorney said. “We tried to offer RAO real estate as payment for the debt - his apartment, a castle in Scotland. We didn’t receive an answer,” Ilduganov said.
Fedotov was found guilty of fraud on an especially large scale (Part 4 of Article 159 of the Criminal Code) with the property of RAO. He admitted guilt, so the court considered his case in a special manner. At the beginning of the hearing, one of the defendant’s lawyers, Mikhail Okhrimenko, asked for the trial to be held behind closed doors, explaining this by the presence of confidential bank documents in the case; Judge Elena Gudoshnikova granted his request.
In 2015, the Ministry of Internal Affairs began checking the activities of the entire top management of the organization after the department received an anonymous message about the possible theft of RAO RAO real estate (at that time we were talking about objects worth 500 million rubles). As stated in the article, which was then received by the editorial office of RBC, in 2007-2011, RAO acquired four real estate properties with a total area of more than 2 thousand square meters. m, which were then contributed to the authorized capital of the Service and Operational Company (ZAO SEK), which was founded by RAO. CJSC SEC, in turn, created three companies, contributing one object to the authorized capital of each. But in the end, these premises went to third parties, some of whom were subsequently liquidated.
A year after the start of the inspection, operatives of the Ministry of Internal Affairs; After operational activities and interrogation, Fedotov was detained and arrested. The consequence is that CJSC SEC was initially created for fraudulent purposes and that Fedotov misled the author’s council of RAO, the governing body, about its appointment, which included composers and artists Yuri Antonov, Igor Matvienko, Dmitry Malikov and Valery Syutkin.
Fedotov’s lawyer Denis Baluev then said that the investigation considered the “absolutely legal action” of establishing a subsidiary to manage the company’s real estate and sell it to be fraud. And the funds raised after the sale of RAO facilities were spent in accordance with the law and the RAO charter - on the creation of an electronic system that would ensure transparency in the distribution of royalties between authors.
RAO is a non-profit organization that collects royalties from TV channels, radio stations, cafes and any public institutions where musical works are played in favor of authors (composers and songwriters). For its services, the organization charges from 10 to 35% of the amount of royalties, depending on where the work was performed or replicated. In 2008, the company received the appropriate state accreditation.
Sergei Fedotov is a long-time business partner of director Nikita Mikhalkov; Before his arrest, he headed another similar author’s organization (the Russian Union of Copyright Holders), the co-founders of which were Mikhalkov and the Union of Cinematographers of Russia, which he headed. Mikhalkov is the godfather of Fedotov’s son, named after the director.
Mikhalkov Fedotov. “I am absolutely sure that, first of all, Sergei Sergeevich Fedotov himself is interested in ensuring that all the i’s are dotted and the truth triumphs,” commented the director. He also noted that during their joint work on creating a copyright protection system, he was able to see in Fedotov “a brilliant professional, a deep analyst and a specialist in industry issues.” At the same time, he did not rule out that “in the depths of such a large company as RAO, certain violations of varying degrees of severity could have been committed, wittingly or unwittingly.”
In April of this year, the new management of RAO, held after the initiation of the case. The audit showed that in 2014-2015, 63% of the organization’s payments totaling 211 million rubles. were doubtful. All this time, payments to the authors were reduced, and the costs of maintaining radioactive waste were growing, the organization’s management reported.
Russian. Graduated from the Faculty of Economics of the Russian State University for the Humanities. Fluent in English. Married.
He began his career at JSCB "Russian Credit".
He has been working in the field of intellectual rights protection since 1997. From 1999 to 2003, he held the position of General Director of the music publishing house of the Russian Authors' Society (RAS), from November 2003 - First Deputy Chairman of the Board of RAO, and from November 2004 - Chairman of the Board of RAO. Currently he holds the post of Chairman of the Board of Directors - General Director of RAO, and is also the Executive Secretary of the Authors' Council of RAO.
Sergey Fedotov is also the General Director, member of the Council and Management Board of the Russian Union of Rights Holders (RSP). RSP was created in November 2009 as a result of cooperation between RAO and the Union of Cinematographers of Russia; the President of the RSP Council is the famous Russian film director, Oscar winner Nikita Mikhalkov.
Sergey Fedotov is a member of the Council and Board of the All-Russian Intellectual Property Organization (WIPO).
Sergei Fedotov effectively led the reform of RAO, initiated and took an active part in the creation of WIPO and RSP.
Today, headed by Sergei Fedotov, RAO and RSP are recognized by the international community as basic organizations promoting the implementation of world standards for the protection of intellectual rights in the territory of the former USSR, the preservation of a common humanitarian space and the prevention of offenses in the field of copyright and related rights.
At the end of 2012, the Russian system of collective rights management reached record levels in terms of fee collections - the total fees of RAO, RSP and WIPO exceeded 5 billion rubles, which put the domestic rights management system on a par with leading foreign analogues.
Sergey Fedotov is an internationally recognized expert in the field of intellectual property protection; his achievements, in particular, were awarded the gold medal of the World Intellectual Property Organization “For outstanding achievements in the field of intellectual property.”
In 2011, Sergei Fedotov, together with Nikita Mikhalkov and the Federal State Unitary Enterprise VGTRK, initiated the publication of the Russian version of the Hollywood Reporter magazine. The Russian Hollywood Reporter is the first licensed publication of the famous magazine outside America and has become the most authoritative film magazine in Russia.
In January 2012, with the direct participation of Sergei Fedotov and Nikita Mikhalkov, one of the oldest printed publications in Russia, the Kultura newspaper, resumed its activities. Thanks to the efforts of investors, the newspaper not only resumed its activities, but also appeared before its readers in a more interesting and modern format.
Sergey Fedotov took an active part in the reform and improvement of the FSUE Firm Melodiya.
Sergey Fedotov made a great personal contribution to the protection of intellectual property in the Russian Federation, and actively participates in the work of the relevant Government and other specialized commissions.
Sergey Fedotov represents the Russian Federation in the Honorary Committee of the Cannes International Music Festival MIDEM.
Member of the Intellectual Property Committee of the Chamber of Commerce and Industry of the Russian Federation.
Honorary member of the Philharmonic Society of St. Petersburg.
Has the following awards, encouragements and honorary titles:
2003 – Medal of the Russian Orthodox Church of the Holy Blessed Prince Daniel of Moscow;
2004 – Order of the Russian Orthodox Church of St. Sergius of Radonezh;
2004 – Order “Glory of Russia”;
2005 – Certificate of gratitude from His Holiness the Patriarch of Moscow and All Rus';
2005 – Honorary diploma and UNESCO medal “For great personal contribution to cooperation between the Russian Federation and the United Nations Educational, Scientific and Cultural Organization”;
2006 – Order of the Russian Orthodox Church of the Holy Blessed Prince Dmitry Donskoy;
2006 – Certificate of gratitude from the Head of the Commandant Service of the Moscow Kremlin of the Federal Security Service of Russia;
2006 – Certificate of gratitude from His Holiness the Patriarch of Moscow and All Rus';
2007 – Honorary diploma of the Ministry of Culture and Mass Communications of the Russian Federation;
2007 – Order of St. Prince Alexander Nevsky “For merits and great personal contribution to the development and strengthening of the Russian state”;
2008 – Diploma of Honorary Member of the Philharmonic Society of St. Petersburg;
2008 – Gratitude “For active participation in the organization and conduct of the elections of the President of the Russian Federation”;
2008 – Diploma “For fruitful activity in training specialists in the field of intellectual property and invaluable contribution to the development of the law faculty of the Russian State Institute of Intellectual Property (RGIIS)”;
2009 – Diploma of the UNESCO Department of the State University “Higher School of Economics” “For personal contribution to the development of the theory and practice of collective management of copyright and related rights”;
2009 – Honorary diploma of the Chamber of Commerce and Industry of the Russian Federation;
2010 – Gratitude from the Minister of Culture of the Russian Federation “For active assistance in the development and protection of intellectual property”;
2010 – Awarded the degree of Honorary Professor of the Russian State Institute of Intellectual Property (RGIIS);
2010 – Awarded the title “Honorary Lawyer of Russia”;
2010 – Medal “65 Years of Victory in the Great Patriotic War of 1941–1945” for active work with veterans, participation in the patriotic education of citizens and great contribution to the preparation and holding of the Victory anniversary;
2012 – Gold medal and diploma of the World Intellectual Property Organization (WIPO) “For outstanding achievements in the field of intellectual property”;
2012 – Honorary badge of the Prosecutor General's Office of Russia;
2012 – Gratitude from the President of the Russian Olympic Committee A.D. Zhukov;
2012 – Medal of the Russian Ministry of Defense “For Special Personal Merit”;
2012 – Letter of gratitude from the Chamber of Commerce and Industry of the Russian Federation “For great contribution to the development and establishment of the institution of collective management of copyrights in the Russian Federation.”
The other day, Sergei Fedotov, the former General Director of the Russian Authors' Society, was released from prison, convicted of theft of real estate belonging to RAO - fraud on an especially large scale (Part 4 of Article 159 of the Criminal Code of the Russian Federation).
After interrogation and searches, Sergei Fedotov was taken into custody. Then he entered into a pre-trial agreement to cooperate with the investigation, after which the case was transferred from the police to the investigative committee. In June 2017, he was sentenced to a year and a half in prison, and in December he was released on parole - just in time for the consideration of RAO's civil claim against him for damages.
FABULA OF THE CASE BRIEFLY TO THE ESSENCE
These premises were first transferred to the subsidiary JSC Service and Operational Company (SEC) as a contribution to the authorized capital. SEC then transferred these premises and another 13 cars to its subsidiaries ZAO Management Company Media-M, ZAO Media Management and ZAO Management Company Musical Olympus, after which it transferred the rights to shares in these companies to the Cypriot Moslita Holdings Limited. Then the property was sold, the technical subsidiaries were liquidated, and the proceeds were divided.
As a result of these transactions, RAO lost ownership of real estate and cars, and in return received something unknown.
FABULA OF THE CASE WITH DETAILS
Establishment of SEC
In October 2012, by decision of the Council of RAO, the joint-stock company “Service and Operation Company” was established (TIN 7703777273). The authorized capital was paid for with 4 premises and 13 cars. The creation of the SEC was approved by the Council of RAO, as the Council itself stated in a press release shortly after Sergei Fedotov was taken into custody:
"The decision to create ZAO SEK was made by the Author's Council of RAO in accordance with established procedures. This decision did not cause material damage to RAO. Through the efforts of S.S. Fedotov, buyers were found for the specified blocks of shares from ZAO SEK at a price comparable with the value of the property previously transferred to SEK CJSC. Partially the funds for the shares were transferred to the SEK CJSC settlement account; the full amount of money will be received by SEK CJSC after the completion of the formal procedures."
However, during the investigation, Sergei Fedotov admitted that he had deceived the Council:
“I informed the members of the author’s council that it [SEK] was needed for the operation of vehicles and operations with property. I did not intend to initiate them into the true goals and motives for creating a subsidiary company.”
The actual withdrawal of assets
After this, SEC sold controlling stakes in the subsidiaries of CJSC Management Company Media-M, CJSC Media Management and CJSC Management Company Musical Olympus to the Cypriot Moslita Holdings Limited (former majority owner of Soyuz Music and the National Music Publishing House). At the same time, SEC bought from Moslita Holdings Limited 90.7% of the InterMedia Information Agency and shares of Felsin CJSC.
The transaction amounts were the same, so the payment obligations were terminated by offset, that is, without the actual transfer of funds.
As a result, these technical companies - and with them real estate - left the control of RAO. All that remained was to sell the real estate, transfer the “technical equipment” to denominations and liquidate them.
Management company "Media-M"
In August 2013, SEC together with Sergei Smolny (former participant and general director of Kinoalliance XXI Century LLC), who received a symbolic share of one hundredth of a percent, established CJSC Management Company Media-M (TIN 7707811091). The authorized capital was paid for with premises valued at 132 million rubles in the Baker Plaza business center (Butyrsky Val, 68/70, building 1) with an area of 343.2 square meters. m.
On January 13, 2014, the premises in Baker Plaza were sold to Sibir-Leasing LLC; in March, the general director was replaced by Nikolai Demin, who is listed as a director of 58 organizations.
In August 2014, the company was finally liquidated.
Media Management
Premises with an area of 421.7 sq. m at 2nd Samotechny lane, 4, SEC contributed to the authorized capital of CJSC Media Management (TIN 7707815804). 0.01% Mikhail Chereshnev became a co-owner with a minimum share of 0.01% and the first general director.
In October, the premises were sold to a certain Evelina Nikolaevna Oskina.
Almost immediately, a new general director was appointed - Ratmir Mukhametdinov, who was soon replaced by Alexander Kirillin (TIN 242600682800) - the head of 52 organizations, who liquidated the company by July 2015.
Management company "Musical Olympus"
The third such company was CJSC “Management Company “Musical Olympus” (TIN 7707815794), the authorized capital of which was transferred to premises in the Baker Plaza business center (Butyrsky Val, 68/70, building 4, 5) with an area of 183 ,9 sq.m.
The co-founder (0.01%) and first general manager was Alena Matyushkina. In January 2014, Alexey Kozlov became director, who sold the property to Natalya Potylitsina, who then resold it to Rosavtotrans LLC.
After the resale, first Sergei Besedin became the new director, and then Vladimir Nagibin, who heads 33 companies (TIN 220601672260).
The company was liquidated in May 2015.
results
The proceeds were used to pay off incurred costs, close debts to banks, and the remainder was distributed among the participants:
“In general, the funds were spent as follows: part of the funds went to remunerate some individuals for services rendered, part - to Krichevsky and his people. Money was also transferred to the maintenance of companies for whose activities Sukhotin was responsible. Part of it was used to pay off the cash gap. Exact I cannot name the amount, since Krichevsky was in charge of all financial issues. The funds were transferred to accounts controlled by Sukhotin and distributed to pay off previously incurred debts and current needs according to my orders, which I gave to Krichevsky and, apparently, on his direct orders. As a result, I received personal benefits in the amount of approximately 50 million rubles, through which I paid off debts to banks."
VERSION OF THE INVESTIGATION
According to investigators, as a result of all these manipulations, RAO was left without real estate and without money; their goal was the theft of real estate, which Sergei Fedotov carried out by deceiving the RAO Board and abusing its trust.
PROTECTION VERSION
First, Fedotov’s lawyer, Denis Baluev, claims that SEC spent the funds received from the sale of premises to acquire the music news agency Intermedia LLC and the software company Felsin CJSC. The defense also intended to demand confrontations with colleagues from RAO who were in conflict with Fedotov (names were not named, there is no information about face-to-face bets).
However, Sergei Fedotov subsequently admitted guilt.
PROGRESS OF THE INVESTIGATION
Pre-investigation check
In the summer of 2015, the police began an investigation into the complaint and interviewed the management of RAO, including members of the Society’s Council. However, then no signs of a crime were found and the initiation of a criminal case was refused.
Initiation of a criminal case and investigative actions
On June 27, operatives from the GUEBiPK and the Investigation Department of the Ministry of Internal Affairs conducted searches in the RAO office, as well as in the apartment and dacha of Sergei Fedotov. On the night of June 28, he was interrogated and then detained.
As a preventive measure, he was chosen to be detained in the "Matrosskaya Tishina" pre-trial detention center, despite the personal guarantee of Nikita Mikhalkov, the intercession of the Council of RAO and the fact that he has a dependent seriously ill young child, at the place of work and residence is characterized positively, previously subject to criminal liability was not involved, is not registered in the narcological and psychoneurological dispensaries and is ready to cooperate with the investigation
“S.S. Fedotov has a permanent residence in the city of Moscow, is not hiding from the preliminary investigation authorities and is ready to provide any necessary assistance to the investigation in establishing the truth in the case. The preliminary investigation authorities have taken exhaustive measures to prevent S.S. Fedotov from evading participation in the investigation investigative actions with him (his foreign passport was confiscated). S.S. Fedotov does not put pressure on the witnesses and does not otherwise interfere with the conduct of the preliminary investigation. In connection with the above, we ask you to consider changing the preventive measure for S.S. not associated with deprivation of liberty."
On June 30, Sergei Fedotov was charged. During interrogation as an accused, Fedotov confirmed his earlier testimony.
Plea deal
At the end of September 2016, information appeared in the press that Sergei Fedotov had entered into a pre-trial agreement to cooperate with the investigation, which, according to some, resulted in the transfer of the case from the police Investigation Department of the Central Administrative District to the Main Investigation Department of the Investigative Committee. In January 2017, this information was confirmed by the defense.
From a legal point of view, the cooperation agreement means that Sergei Fedotov waived witness immunity (the right not to testify against himself), undertook to tell everything he knows about the case, expose his accomplices and help find the stolen property.
According to media reports, he named his deputy Alexander Sukhotin (who was the head of the control and audit commission of the SEC) and Andrei Krichevsky, who is a member of the highest management bodies of RAO, WIPO and RSP, as accomplices. He said the purpose of the theft was not the desire to enrich himself through the sale of stolen real estate, but the intention to repay fictitious bank loans:
"Since 2010, Krichevsky suggested that I implement the following credit and deposit scheme. RAO, VOIS and RSP placed free funds in the accounts of Mostransbank, Transportny Bank and the Regional Development Bank. These banks, according to Krichevsky, were controlled by him. Subsequently, these funds funds were issued in the form of loans to legal entities that were controlled by Krichevsky. The organization of the work of firms that received so-called interest-free loans was handled by Sukhotin, and general management was carried out by Krichevsky.
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At the beginning of 2012, Krichevsky presented me with a table from which it followed that the above scheme led to a significant cash gap that needed to be compensated. Krichevsky and I saw the sale of RAO real estate as the only possible source of repayment. For this purpose, it was decided to transfer non-residential premises and RAO vehicles to the balance sheet of SEC. Krichevsky proposed to repay loans through a chain of companies controlled by him, including offshore companies, through the sale of real estate assets on the balance sheet of SEC. According to our calculations, the proceeds from the sale should have been enough to both pay off the debt and for personal needs."
However, investigator Vladimir Menshov did not interrogate either Sukhotin or Krichevsky, even as witnesses.
At the end of May 2017, the preliminary investigation was completed; only one defendant appeared in the case - Sergei Fedotov.
Audit of RAO
In August 2016, RAO (still the old management) announced that real estate transactions, which the investigation classifies as fraudulent, were verified by independent auditors - the Audit-Consulting Center Consuelo (Vladimir). The auditors did not identify any violations and consider all these transactions to be legal.
The editors of the site will refrain from assessing the correctness of this audit report, since, unfortunately, they do not have its text at their disposal.
The audit report ordered by the new management of RAO and carried out by the audit company FBK Grant Thornton, on the contrary, revealed fictitious payments and facts of inefficient use of funds
TRIAL AND SENTENCE
At the request of Sergei Fedotov, the case was considered in a closed court hearing in a special manner.
On June 19, 2017, the Meshchansky District Court issued a guilty verdict, which was not published on the court’s website. The prescribed punishment was one and a half years in prison (the prosecutor asked for two years). Sergei Fedotov, who initially stated that he was “not entirely satisfied” with the verdict and did not rule out appealing it, subsequently abandoned this intention.
COMPENSATION FOR DAMAGES (CLAIMS BY RAO IN PRESNENSKY COURT)
In June 2017, RAO stated that Fedotov transferred one million rubles (out of the stolen 557 million) as compensation for damages. Fedotov's lawyer, Alexander Ilduganov, confirmed the fact of compensation, pointing out that the amount reimbursed is much greater. RAO denied this information and demanded that a new criminal case be opened based on the results of violations identified during the audit, including against Vera Fedotova.
To compensate for losses, Sergei Fedotov offered RAO to take away his Moscow apartment and a haunted Scottish castle, but was refused. After this, the castle was put up for sale.
In August 2017, RAO filed a claim for the recovery of 294.1 million rubles in the Presnensky District Court, which has not yet been considered. However, the court has already granted RAO's application to seize Fedotov's property for the amount of the claim.
What kind of property will be seized must be determined by bailiff O.A. Steel. from the Interdistrict Department for Special Enforcement Proceedings of the Federal Bailiff Service of Russia in Moscow.
The original article is posted at
Some, as a Russian classic wrote, “... spend thousands on a style, haggling fifty dollars from their secretaries.”
Sergey Fedotov, general director of the Russian Authors' Society, is bargaining; the authors have fifty dollars or a ruble - it's hard to say. But with the “style” of the businessman from art, everything is more than in order. Like all modern young people, Mr. Fedotov maintains a blog on social networks, where he unobtrusively shares the joys of shopping. For example, he recently published a touching photo of a child’s fingers—apparently his son’s—squeezing a wristwatch.
This is a real work of design art, a Swiss watch UR-202. With an unusual dial and hands; This thing costs more than five million rubles. Fedotov’s children are accustomed to stylish, luxurious things from an early age.
There are several photos of a black Mercedes jeep on Facebook. The comfortable, luxurious SUV was apparently purchased in England, and its cost there ranges from 100 thousand British pounds and more, depending on the configuration.
This didn't start yesterday. So, for example, in August 2013, immediately after the re-issuance of state accreditation to RAO for 10 years (!), Fedotov flew from Vnukovo 3 (VIP terminal) - on a Bombardier CL60 CL-600-2B16 Challenger 605 aircraft.
The cost of a flight on such a small and cozy plane at market prices is approximately 37,000 euros. So why not spend a few hours of your flight in comfort?
Fedotov returns to Moscow on a Learjet 60XR - the cost of such a flight is about 28,000 euros. And then Fedotov flew again on a Bombardier CL-600-2B16 Challenger 604. The cost of this kind of flight is about 29,000 euros.
These are just a few points that indirectly confirm the excessive, and perhaps misappropriation of RAO funds. Payments to authors - even according to the official statistics of the Society - are much less than fees. Thus, in 2014, fees amounted to 4.6 billion rubles, payments to authors - 3.4 billion rubles. It turns out that 1.2 billion rubles is the Company’s net profit?
After which Fedotov clearly became nervous and, it seems, decided to change the management structure at RAO. Why is RAO going to urgently merge with the All-Russian Intellectual Property Organization (WIPO) and the Russian Union of Rights Holders (RSP). WIPO and RSP are also “his” organizations (in RSP Fedotov is officially the general director, in WIPO the general director is Andrey Krichevsky - he is also Fedotov’s deputy in the RSP).
And the unification of essentially “court” organizations, sometimes opaque, will completely confuse the situation.
For fraud in the sale of four non-residential premises worth 300 million rubles, he received only a year and a half in prison - a very short sentence that could be envied by starving teenagers who stole a loaf of bread at the market and ended up in prison for three years. Although this deadline will also be challenged by the lawyers of the famous “copymaster”. The lenient sentence can be explained by the fact that Fedotov fully admitted his guilt and also entered into a cooperation agreement with the prosecutor’s office. This, in turn, is almost guaranteed to herald new trials.
The criminal case of the former head of RAO Sergei Fedotov, taking into account his repentance, admission of guilt and pre-trial agreement, was considered by the Meshchansky District Court of Moscow in one meeting. However, it took place behind closed doors. Officially, the secrecy of the process was due to the announcement at the meeting of information related to some banking secrets.
In the announced operative part, judge Elena Gudoshnikova found Sergei Fedotov guilty of fraud and sentenced him to one year and six months in a general regime colony. Earlier, during the debate between the parties, the state prosecutor asked for a two-year sentence for the former head of RAO, and the defense asked for a non-custodial sentence.
Initially, a criminal case under Part 4 of Art. 159 of the Criminal Code of the Russian Federation (fraud on an especially large scale) against Sergei Fedotov was opened by the investigative department of the Internal Affairs Directorate for the Central District of Moscow on June 17, 2016, based on the results of an audit conducted by the FSB and the GUEBiPK Ministry of Internal Affairs. On June 28, he was detained on suspicion of fraud, and on the same day, the Tagansky Court of Moscow, at the request of the investigation, arrested the top manager of RAO.
The basis for the criminal prosecution of the former head of RAO was a statement by the former director of CJSC Service and Operational Company (manages the property of RAO) Maxim Budanov. In an appeal to law enforcement agencies, Mr. Budanov said that in 2007-2011, RAO acquired an office building on Shelepikhinskaya embankment, two premises in the Baker Plaza building on Butyrsky Val and another premises on Sadovo-Samotechnaya Street with a total area of 2 thousand square meters. m.
Due to its status, society could not use them for commercial purposes, and therefore they were not exploited. However, in 2012, RAO needed funds to create an electronic system for receiving royalties, and then the author’s council of RAO approved the creation of a subsidiary of SEC, to the balance of which all four premises were transferred as authorized capital. In turn, SEC established the companies “Media Management”, “Musical Olympus” and the management company “Media Management” and transferred non-residential premises to their authorized capital. At first, it was planned to rent out the property, but the management of RAO found it more profitable to sell the properties. As a result, according to the applicant, Sergei Fedotov sold the premises to third parties, and the money from the transaction never entered the treasury of RAO.
It should be noted that Mr. Fedotov, throughout the investigation (and the case was transferred from the police to the Investigative Committee for further investigation), constantly changed his position - from a full admission of guilt to a categorical denial. As a result, the investigation came to the conclusion that he misled members of the RAO board, who decided to transfer one building and three non-residential premises to the balance of SEC, which were subsequently sold to third parties. Initially, the investigation calculated the damage caused by RAO at 500 million rubles, but at the final stage it decreased to 300 million rubles.
Earlier, RAO stated that there was a complete lack of corpus delicti in the actions of Sergei Fedotov, and the head of the Union of Cinematographers, President of the Russian Union of Copyright Holders Nikita Mikhalkov was ready to petition the investigation for a more lenient measure of restraint for the accused, believing that he should not sit in a pre-trial detention center. The court was not convinced by these arguments.
According to Sergei Fedotov's lawyer Alexander Ilduganov, his client was dissatisfied with the verdict. “Perhaps we will appeal it, but the decision has not been made yet,” the lawyer said after the court hearing, adding that the defendant has already paid off the damage in the amount of 170 million rubles and intends to compensate it in full. According to Mr. Ilduganov, for this “we proposed to the management of RAO to do this at the expense of real estate in Moscow and Scotland, but there has been no response yet.” Failure to pay damages may prevent Mr. Fedotov from exercising his right to parole. In any case, he will soon turn from an accused into a witness for the prosecution, since a criminal case should be initiated based on the testimony given as part of the deal. Now, however, it is not yet clear who may be involved in it.
As the Ruspres agency previously reported, searches at RAO could have been the reason for the probable flight of his patron Nikita Mikhalkov from the country, who did not even appear at the opening of the Moscow International Film Festival. Mikhalkov himself, as is commonly believed, influences the activities of RAO and has common business interests with Fedotov, although formally he is in no way connected with the Russian Society of Rights Holders.
An absolutely amazing story of how Sergei Fedotov, general director of the Russian Authors Society, lives. Remember the Russian Society of Authors, well, the one that stood up to defend the rights of offended artists? It’s causing a nightmare to cinemas for playing music in films, imposing rent on cafes and begging for a percentage from equipment importers. He, of course, has a director. Sergey Fedotov. But Sergei Fedotov himself has...
Yacht "Mon Plaisir" by Sergei Fedotov
Sergei Fedotov is probably doing very well at RAO, since he can afford such a yacht.
From the RAO report, you can find out that 3.4 billion rubles were collected from equipment importers alone in 2013, of which RAO kept 1.2 billion for “conducting activities.” According to its charter, RAO has the right to allocate up to 35% of its revenue to cover its expenses. Over five years, RAO allocated 15 billion rubles for its own needs.
Draw your own conclusions.