President Putin covers the tracks of Yuganskneftegaz buyers
Author: Yulia Latynina
[What we are seeing in the Yuganskneftegaz case is a typical cover
operation. This was part of any KGB special operation: spreading a
fan of rumors to cover up what really happened. Those behind it
aren't very good at buying companies, but they do know how to
spread rumors and cover tracks.]
Only the president knows who bought the largest subsidiary of YUKOS
President Putin has vindicated Mikhail Khodorkovsky. Putin
said that the Yuganskneftegaz auction was carried out "strictly in
accordance with current Russian law."
As everyone knows, Khodorkovsky is charged with buying Apatit
via shell companies. To all appearances, the buyers of
Yuganskneftegaz studied the Khodorkovsky case carefully - and
plagiarized it.
Of course, the president himself has vouched for Baikal
Finance Group (Baikalfinansgrup): he said that its founders are
private individuals with extensive experience in the oil sector.
Speaking for myself, I was greatly relieved to hear the
president say that. Otherwise we might start worrying about how
Baikal Finance Group managed to raise its $1.7 billion deposit for
the auction; what if the money came from Osama bin Laden?
But President Putin has reassured me. It's not Osama bin
Laden's money. This money came from private individuals with
extensive experience in the oil sector.
And if these private individuals - whose identities are
unknown to the Russian public, but known to the president - do
have $9.3 billion to spare, they must have paid their taxes. After
all, it couldn't possibly be the case that the state is
confiscating Yuganskneftegaz from Khodorkovsky because he failed
to pay his taxes, only to hand over the company to some other
people who haven't paid their taxes either.
Apparently, these are the very same private individuals who
set up the Makoil company, which in turn registered Baikal Finance
Group.
I'm very happy for Makoil. This large oil company is so
authoritative that even its subsidiary has received special
treatment: Sberbank (the Savings Bank) transferred money into
Baikal Finance Group's account on a Sunday. (!) And not just any
money, but money from the Stabilization Fund, according to Viktor
Gerashchenko; in other words, federal budget money. True, I don't
know anything about Makoil myself. I've searched, but the closest
thing I could find was the well-known Makoi Bar on Rebellion
Square, where city prostitutes go to relax between clients.
But what does it matter that the Makoil company is unknown to
the general public? The important thing is that it's known to the
president. There are certain private individuals, after all, whose
jobs are both dangerous and difficult - and invisible, at first
glance. But whenever some oligarch fails to pay his taxes and buys
chunks of Russia via shell companies, those individuals are always
ready to come to the aid of law and order.
Why did they buy it?
There are two really interesting points in this whole story.
First: why was Yuganskneftegaz purchased via Baikal Finance Group?
One state official told me: "In order to evade the ruling of
the Houston court. Now the company that buys Yuganskneftegaz from
Baikal Finance Group will be considered to be buying it in good
faith."
But that's an ill-informed answer. The only way you can buy
stolen property in good faith is if you're not aware of it being
stolen at the time you buy it. In the wake of the Houston court's
decision, no one can buy Yuganskneftegaz in good faith.
A prominent lawyer told me: "Baikal Finance Group will fail
to pay the remainder of the purchase price, thus forfeiting its
deposit. But no repeat auction will be required, and
Yuganskneftegaz, as escheated property, will pass into the hands
of the state."
But that isn't an accurate answer either. In order for
Yuganskneftegaz to become state property, it would have sufficed
to declare the auction invalid. Russian law permits a repeat
auction to be held under such circumstances, but this is not
mandatory. There would have been no need to involve obscure
companies like Baikal Finance Group or Makoil.
I have a theory of my own. It's based on the idea that our
mystery buyers actually did study the economic intricacies of the
evidence presented by the prosecution in the Apatit case. There
they would have read about "a purchase made in good faith" - and
decided that if Gazprom could buy Yuganskneftegaz from Baikal
Finance Group, everything would be in order. But there was no
mention of Houston in the Apatit case materials.
A cover operation
The day after the auction, experts and analysts started
getting calls from their Kremlin sources. They were told of an
uproar within the Kremlin: because no one had expected Baikal
Finance Group to win the auction. Surely this had to be the work
of Roman Abramovich - he must have bribed someone, registered this
company, and struck this blow. "It's Abramovich!" cried the
market; although, strictly speaking, there was no reason to
conclude that Abramovich was involved. But there was every reason
to conclude that the Kremlin wanted people to think Abramovich was
behind this.
Then it was learned that Baikal Finance Group's
representative at the auction had been Igor Minibaev, a
Surgutneftegaz executive. "It's Surgutneftegaz!" cried the market;
although, strictly speaking, the fact that Surgutneftegaz
established the company that won the auction did not mean that
Surgutneftegaz had a share in the purchase. It's like a
businessman dining in the company of gangsters; even if he pays
for the meal, that doesn't mean he's in charge.
By Tuesday, the conclusive blow was struck by President Putin
himself. Of course it wasn't the Chinese who had bought
Yuganskneftegaz, he said; however, since the Chinese do have some
agreements with Gazprom, Putin "does not rule out the possibility
of the Chinese National Petroleum Corporation being involved in
the operations of that asset as well." And rumors swept the market
immediately: "It's the Chinese!" Although, strictly speaking, the
president had said nothing of the kind. All he said was that X had
not bought the house; however, since X is friends with Y, X might
visit the house for a cup of tea. Or maybe not.
It's interesting to note that what we are seeing is a typical
cover operation. This was an essential part of any KGB special
operation: spreading a fan of rumors to cover up what really
happened. "Is it Abramovich? No, it's not Abramovich; it's
Bogdanov." Then: "Is it Bogdanov? No, it's not Bogdanov; it's the
Chinese." And the head of state himself turned out to be involved
in the cover operation.
Why? For God's sake, why? Especially when everything's
perfectly clear anyway.
Because the professional skills of these buyers are of that
nature. They're not very good at buying companies, but they know
all about carrying out special operations.
The cover operation was carried out because the professional
skills of these buyers are of that nature. They're not very good
at buying companies, but they do know how to spread rumors and
cover tracks. They only failed to take into account that the head
of state might look silly covering someone's tracks at a press
conference, in front of television cameras.
Theft instead of justice
A few months ago, Mikhail Saakashvili, the new president of
Georgia, jailed the former president's son-in-law on the grounds
that his Magti mobile communications company had evaded taxes. And
Saakashvili didn't release the man until he handed over a
controlling interest in the company.
Yet the West isn't calling Saakashvili a dictator - for a
number of reasons. Firstly, Magti was notorious, and the former
president's son-in-law was known as the most corrupt tycoon in
Georgia. Secondly, he was released from jail immediately, and he
retained a decent stake in the company. Thirdly, and most
importantly: the controlling interest in Magti was sold at once to
people who had no previous involvement in the affair at all - some
Americans who made the highest offer.
For YUKOS, the situation is quite the opposite. Firstly, the
target of persecution was one of Russia's most transparent
companies. Secondly, the authorities rejected all of
Khodorkovsky's offers to part with YUKOS in exchange for keeping
the company together and respect for shareholders' rights.
Thirdly, the authorities sold Yuganskneftegaz to themselves: to
some private individuals whose identities seem to be a mystery to
everyone other than President Putin. In other words, it has been
conclusively proven that Mikhail Khodorkovsky was jailed not
because he committed crimes, but for the purpose of taking away
his property.
Comments
Alexei Kondaurov, Duma member, former manager of the analysis
department at YUKOS:
Everything about the auction seems obvious, and I have only
one question: why did they do it so clumsily? They could have
chosen to explain (not via the president, perhaps) that having an
unknown company buy Yuganskneftegaz was a necessary measure to
counteract the American court ruling, which posed a risk for
Gazprom. If they had done that, all this wouldn't have looked so
stupid. But they're doing it furtively, like an unofficial
organized group. Meanwhile, everyone understands that this is
being done by the state - which is still incapable of emerging
from the shadows, even though the president said long ago that it
should.
This deal was done entirely under "state protection." A minor
example: how could a bank transfer over a billion dollars to a
newly-created company, without alerting the Federal Financial
Monitoring Service? By law, the FFMS must take note of any
transaction over 600,000 rubles, and suspend it for three days if
it seems suspicious. But in this case, no action was taken - so
did they get a special phone call?
What can the Western business community make of the fact that
the major asset of Russia's most efficient company was sold in an
instant to an unknown buyer? The only conclusion they can draw is
that the situation in Russia is unpredictable for them.
* * *
Comment from the press center of the Federal Financial
Monitoring Service:
Yes, we are indeed notified of any transactions over 600,000
rubles, but we do have methodologies for identifying suspicious
deals. If everything is clean, no questions arise.
Question: Doesn't your methodology consider it suspicious
when a billion dollars is paid into the account of a newly-created
company, as in the case of Baikal Finance Group?
Answer: I might agree with you, but we are not making any
comments on that transaction at present.
* * *
Professor Yevgeny Yasin, research director at the Supreme
School of Economics:
It is already clear that Baikal Finance Group is a shell
company, especially created for the purpose of taking part in the
Yuganskneftegaz auction. It is a cover for the real purchaser: the
state. And now the state is considering which company should take
on the task of completing this maneuver. A solution will be found;
I have no doubt of that. It will be unlawful, that's all.
And maybe no money at all will be paid for Yuganskneftegaz.
It could be taken away at no cost! After all, the money is
supposed to go into the treasury, but it has not been factored
into the federal budget. Thus, there are opportunities for some
manipulation.
I have been informed that right from the start, the debate at
the top concerned this issue: should the property of YUKOS be
alienated lawfully, or simply expropriated? At the initial stage,
the former point of view prevailed. But now there's an opportunity
to take the latter path. In fact, this amounts to state robbery.
Each step the authorities take drags them into a chasm of
lawlessness and arbitrary actions.
Translated by Gregory Malyutin
(
Original : Novaya Gazeta, 12.23.2004)