On the basis of a combination of sufficient evidence obtained during the preliminary investigation of the criminal case under investigation by the RA Special Investigation Service, the 3rd President of the RA Serzh Sargsyan was charged with committing a publicly dangerous act envisaged by Article 38-179 (3-1) of the RA Criminal Code that during he hold the office of President of the Republic of Armenia from 9 April, 2008 to 9 April, 2018, using his official position, in the period of 25 January, 2013 to 7 February, 2013, organized a group of officials through which they stole $ 489,160,310 in a particularly large amount of money from the state.
According to the indictment, by the decision of 24 January, 2013, the Government of the Republic of Armenia approved the State Assistance Program for the purchase of diesel fuel at affordable prices for agricultural workers in the spring of 2013, within the framework of which applications have been submitted on the basis of applications submitted by the RA Marzpetarans and the RA Ministry of Agriculture to sell 17.041.300 liters of diesel fuel to land users. A number of companies, including MaxHur and Flash LLC, have expressed their willingness to provide the supply in the scope of the project.
As a result of discussions with the representative of Maxhur Ltd., which presented the lowest price offer, the officials of the Ministry of Agriculture of the Republic of Armenia decided to submit the data of the listed company as a supplier to the RA Government for approval. Serzh Sargsyan, being aware of the availability of a cheaper diesel fuel supplier within the framework of the program, realized that as a result of signing a diesel fuel subsidy agreement with “Flash” LLC, which offered a higher price compared to them, particularly large sums will be unjustly withdrawn from the state. Ignoring this circumstance, he used his official position for personal gain to make the most out of the transaction for the Flash Company, organized a group of officials under his authority to commit a theft of particularly large amount of money entrusted to the Government of the Republic of Armenia, in a reserve fund. In particular, he instructed the officials who were actually service-dependent, regardless of the low-cost bids received, to choose as supplier the Flash LLC and conclude a supply contract with that company.
As a result, according to the decision of the Government of the Republic of Armenia, dated 7 February, 2013, the Ministry of Agriculture allocated AMD 1,789.336,500 for supply of 17.041.300 liters of diesel fuel from the reserve fund of the Government, which was transferred to the bank account of “Flash” LLC on 21 February 21, 2013 on the basis of the relevant agreement signed between the Ministry of Agriculture of Armenia and “Flash” LLC on 14 February 21, 2013.
Subsequently, the quantity of fuel required by the decision of the Government of the Republic of Armenia has been supplemented to 17,343,530 liters, and the amount provided up to AMD 1,821,070,650, in connection with the contract signed on March 19, 2013 between the Ministry of Agriculture of the Republic of Armenia and “Flash” LLC company a sum of AMD 31,734,150 was transferred to the above mentioned company on 2 April 2, 2013.
As a result, 12,088,334 liters of diesel fuel was sold during the period from 14 February to 28 June, 2013, and the subsidy amount amounted to AMD 1,269,275,070. Whereas in case of supplying the same quantity at the offered price of “Maxhur” LLC with real possibilities of supply, the subsidy amount would make only AMD 846.183.380. In other words, the amount paid in excess of 423.091.690 AMD was actually wasted from the subsidy paid.
The 551.795.580 AMD allocated for the rest of the fuels, 5.255.196 liters, was left to “Flash” LLC by the decision of the Government of the Republic of Armenia on 29 August, 2013, for the implementation of the state support program for Armenian land users to obtain diesel fuel at affordable prices in autumn 2013. On the basis of the aforementioned decision of the Government of the Republic of Armenia, on 12 September, 2013, the Ministry of Agriculture of the Republic of Armenia and “Flash” LLC signed an “Agreement on Providing Subsidies”, according to which the subsidy of 551.795.580 AMD has been reconfigured for 6.131.062 liters of diesel fuel.
As a result, 3,303,431 liters of diesel fuel was sold during the project period from 12 September 12 to 23 November, 2013, and the subsidy amount was AMD 297.308,790. Whereas in case of supplying the same amount at the offered price of “Maxhur” LLC with real possibilities of supply, the subsidy amount would have been only AMD 231,240,170, that is to say, the amount paid in excess of 66,068,620 AMD was actually stolen.
Thus, during the implementation of the above-mentioned program by the former President of the Republic of Armenia Serzh Sargsyan, a total of 489,160,310 AMD was stolen by a group of officials through wasting the state money.
The signature not leave was chosen as a measure of restraint for Serzh Sargsyan.
The preliminary investigation into the criminal case is ongoing.
Note: A person that is suspected or accused of an alleged crime is considered innocent until his/her guilt is proved by a court judgment that has come into legal effect pursuant to the procedure determined by RA Criminal Procedure Code.
