Prosecutor’s Office: Despite loans given to Samgori Trade Ltd and Samgori M Ltd were classified as bad loans, TBC Bank continued crediting these companies

Prosecutor’s Office made yet another statement related to TBC Bank case.

During the briefing held at General Prosecutor’s Office, the Prosecutor Salome Chikobava presented circumstances established by the investigation at this stage, regarding to the fact of the legalization of illegal income within the frames of the ongoing investigation into TBC Bank case.

As she noted, the Prosecutor’s Office of Georgia launched the investigation into a criminal case of legalization of illegal income on August 2, 2018, the offense punishable under Article 194§3(c) of the Criminal Code of Georgia. The investigation was launched on the basis of information provided by the Financial Monitoring Service on the 1st of August, 2018.

According to investigator, the following scheme is shaped on the basis of evidence existing in the case at this stage of investigation:

“April-May 2008 – TBC Bank gave to Samgori M Ltd and Samgori Trade Ltd the companies of the businessman close to Mamuka Khazaradze USD 17 million as a loan. On the same day, abovementioned USD 17 million was transferred to Mamuka Khazaradze and Badri Japaridze`s personal accounts. When the aim of this loan was to fill turnover and not to give it to Khazaradze-Japaridze as a loan. This means that USD 17 million that was issued from their own bank had been transferred to Khazaradze-Japaridze`s personal accounts on the same day. October-November 2008 – Terms of loan payment had been increased for one year without any particular reason for the companies of the businessman close to Mamuka Khazaradze. It should be noted that payment of loan had not been started yet.

Though, in approximately one month, on 31 December 2008, before loan liability period TBC Bank: Classified abovementioned loan as bad debts without any particular reason; Before terms established by the bank regulations, wrote-off them that means that they were moved to external balance account. It should be noted that the loan had not been paid; Did not demand from guarantors to refund money; Did not cut the money off from the account or did not confiscated properties mortgaged for loan.

It should be highlighted that despite of the fact that the loans given to Samgori Trade Ltd and Samgori M Ltd were classified as bad loans, TBC Bank continued crediting of the companies of the businessman close to Mamuka Khazaradze and gave them another loans on the basis of other loan agreements.

Moreover, TBC Bank fully exempt abovementioned companies from loan liabilities before the bank in 2012 that happened as follows:

TBC Bank replaced the companies of the businessman close to Mamuka Khazaradze by the company registered offshore zone one month before which did not have any financial active in Georgia without any loan insurance.

An agreement had been signed with company registered in offshore according to which, this company undertook the obligation to pay loan in amount of USD 17 million instead of Samgori M Ltd and Samgori Trade Ltd and obtained the right to demand money from Khazaradze-Japaridze.

At the same time, TBC Bank exempted immovable properties mortgaged for loan insurance periodically.

It should be noted that trustee of offshore company was a citizen of Georgia P. Gh, who was a member of credit committee during giving loans to Samgori M Ltd and Samgori Trade Ltd and who held a high managerial position at TBC Bank when these companies had been replaced by the company registered in offshore.

Delivery and Acceptance Certificate on rendering service with mediator company between the companies of the businessman close to Mamuka Khazaradze and offshore company was made on 28 September 2012.

It should be taken into consideration that the loans of Samgori Trade Ltd and Samgori M Ltd was written-off when they have not paid for loan service and abovementioned loans have not been returned to the bank yet.

Moreover, it is established that Mamuka Khazaradze and Badri Japaridze have not paid debt to Samgori Trade Ltd and Samgori M Ltd” – Prosecutor Salome Chikobava said.

According to the agency, investigative and procedural actions are in progress, the investigation continues questioning the persons associated with the facts, obtaining and studying additional documentation.