September 24, 2012

PRESS RELEASE

The Public Information and Press Relations Bureau within the Prosecutor’s Office attached to the High Court of Cassation and Justice is authorized to bring to public knowledge the following:

Prosecutors from the Criminal Investigation and Criminalistics Section within the Prosecutor’s Office attached to the High Court of Cassation and Justice finished the investigation against Sorin Ovidiu Vântu currently serving a prison sentence in another case and closed the indictment launching the criminal prosecution against him for money laundering (2 acts) and abetting embezzlement.

The inquiries finalized in this case originated in the investigations carried out by the judicial bodies in the criminal cases concerning the despoliation of the National Investment Fund – FNI, the Agricultural Bank – BA, the Investment & Development Bank, BID, and the Romanian Discount Bank, as completed following the quash.

http://www.mpublic.ro/presa/2011/c_04_08_2011_3.htm

After reviewing the criminal investigation acts carried out, some of which were finalized with final rulings, certain converging points were determined, as follows:

• The illicit activities were carried out through trading companies belonging to the “GELSOR” Group (GELSOR SA, SOV INVEST SA, IMOBILIAR NETWORK SA, VÂNTU SORIN OVIDIU COMPANY SRL, CELSOR IT SA, etc.) owned and managed by Sorin Ovidiu Vântu through various agents;
• The main beneficiary of the amounts of money representing damages to the state budget and/or to state companies was Sorin Ovidiu Vântu;
• The sequence of the criminal acts investigated in the criminal files shows significant internal consistency revealed by the congruency of the methods and persons considered and by the dependence of the acts on the context created through various means by Sorin Ovidiu Vântu.

The analysis of these files revealed that the facts had been investigated in separate files which caused the temporal and causality aspects as well as the obvious congruence between the modus operandi and the accused/the defendants  to be ignored.

It was also revealed that the object of the investigation was limited to the administrative level of the “GELSOR” Group, without contextualizing the actions or the lack of actions on the part of those involved, ignoring the chronology of the facts and the final beneficiary of the funds illicitly obtained, by successively fragmenting the files and not revealing the decision-making responsibilities exerted by Sorin Ovidiu Vântu.

The evidence produced in the case showed that, in the period preceding the collapse of the FNI, namely between December 1999  and March 2000, Sorin Ovidiu Vântu deliberately determined the defendant Nicolae Popa who was president-general manager of SC Gelsor SA and executive director of SC Sov Invest SA, to embezzle the amounts of 112,289,316,546 ROL and the balance of 25,114,313,560 ROL resulting from the unreal accruance in time of the fund unit value, which brings together the factors constituting the offence of embezzlement provided by Article 25 referred to Article 215¹ of the Criminal Code.

The defendant Sorin Ovidiu Vântu acted with purposeful direct intent, the embezzled amounts being used in his own interest, his intent resulting from the sequence in time of the facts and from his actions.

Thus, on December 10, 1999, a number of 1,758,461 fund units were subscribed on Nicolae Popa’s investor’s bonds book for the amount of 117,289,348,700 ROL corresponding to 66,700 ROL/fund unit. Afterwards, the amount of 5,000,032,100 ROL was deposited in cash for these subscriptions, the equivalent of 74,963 fund units. The remaining subscriptions representing 1,683,498 fund units and amounting to 112,289,316,546 ROL are not registered as having been cashed.

The amounts of money redeemed on the respective investor’s bond book were entirely used by the defendant Sorin Ovidiu Vântu to purchase buildings, to withdraw cash or for the current activities carried out by the companies controlled by him although he was aware of the fact that he had not subscribed the required redemption amounts on the respective bond book.

The evidence produced showed that, on December 16, 1999, a number of 108,585 fund units amounting to 7,400,067,750 ROL were redeemed, their money equivalent being transferred to Sorin Ovidiu Vântu’s account. On the same day, two payments are made from Sorin Ovidiu Vântu’s account amounting 6,000,000,000 ROL and 1,343, 775,000 ROL, respectively. On December 22, 1999, a number of 146,735 fund units amounting to 9,999,999,250 ROL are redeemed, their money equivalent of 10,000,000,000 ROL being transferred to the account opened with PATER SA on Sorin Ovidiu Vântu’s name. On December 22, 1999, a number of 40,352 fund units amounting to 2,749,988,800 ROL are redeemed, their money equivalent being transferred to the account opened with PATER SA on Sorin Ovidiu Vântu’s name.

On February 1, 2000, a number of 260,545 fund units amounting to 20,004,645,100 ROL are redeemed, their money equivalent being transferred to the account number 2511.R.ROL.224 opened with BRS-SMB for SC GELSOR SA (the majority shareholder at that time being Sorin Ovidiu Vântu – 93%). On the same day, a transfer of a similar amount is made to Sorin Ovidiu Vântu’s account opened with the same bank.

On 02.02.2000 a number of 260.425 fund units worth 19.995.431.500 ROL were redeemed, their equivalent being wired in an account opened at BRS-SMB on GELSOR SA (at that time, majority share holder of the company was VÎNTU S.OVIDIU – 93%).On 24.02.2000 a number of 795.205 fund units worth 65.000.056.700 ROL were redeemed, their equivalent being wired in an account opened at BRS-SMB on the name of Vîntu Sorin Ovidiu. On 01.03.2000, a number of 603.545 fund units worth 50.377.901.150 ROL were redeemed, their equivalent being wired in an account opened at BRS-SMB on the name of the company GELSOR SA (at that time, majority share holder of the company was VÎNTU S.OVIDIU – 93%).

On 03.03.2000 a number of 599.943 fund units worth 50.077.242.210 ROL were redeemed, their equivalent being wired in an account opened at BRS-SMB on GELSOR SA (at that time, majority share holder of the company was VÎNTU S.OVIDIU – 93%).

On 16.03.2000, Popa Nicolae has redeemed with the book no.40.102.000486 F.N.I. fund units in value of 10.019.019.750 ROL, out of which 10.000.086.622 ROL were wired by SOV INVEST-F.N.I. in Vîntu Sorin Ovidiu’s account opened at B.R.S. On 28.03.2000 a number of 110.559 fund units worth 10.022.173.350 ROL were redeemed, their equivalent being wired in an account opened at BRS-SMB on the name of Vîntu Sorin Ovidiu. On 29.03.2000 a number of 22.101 fund units worth 2.003.455.650 ROL were redeemed, their equivalent being wired in an account opened at BCR 5^th District on the name of Vîntu Sorin Ovidiu.

            On the other hand, for a period of time, by his actions perpetrated after the collapse of the National Investment Fund – F.N.I., respectively by April 2003, the defendant Vîntu Sorin Ovidiu concealed the money embezzled by the convicted person Popa Nicolae , and then he aided him, although he knew that the latter was sentenced to prison.

            The corroborated analysis of the evidence proves that the defendant Vîntu Sorin Ovidiu has been continuously aware of the perpetration of embezzlement deeds by the convicted person Popa Nicolae and has acted with direct intent so he could actually benefit from the amount of money derived from the perpetration of this offence, so he can subsequently hide the money thereby obtained using multiple economic and legal operations.

            The evidence administered in the case also revealed that after April 2003 and up to the present day, Vîntu Sorin Ovidiu aware that at the time of the National Investment Fund – F.N.I. collapse, the amount of 23.572.104 ROL, the equivalent of 6.765.234. USD, derived from the perpetration of the offences of embezzlement committed to fraud the National Investment Fund – F.N.I. investors, has acquired, held and disposed of fixed assets, a deed that meets the constitutive elements of the money laundering offence provided by article 23 paragraph (1) letter c) of the Law No. 656/2002, with the subsequent amendments and modifications.

            The corroborated analysis of the evidence shows that Vîntu Sorin Ovidiu has been continuously aware of the perpetration of embezzlement deeds committed to fraud the F.N.I. investors and has acted with direct intent so he could actually benefit from the amount of money derived from the perpetration of these offences, so he can subsequently hide the money thereby obtained using multiple economic and legal operations.

            It lies within the obvious the fact that the defendant Vîntu Sorin Ovidiu was aware of the essential circumstances of the case and accepted the fact that his actions will concur to the criminal concealment of the amounts of money rifled from the National Investment Fund – F.N.I., for the purpose of his unjust enrichment.

            It is obvious because the assessment of the subjective attitude of the defendant Vîntu Sorin Ovidiu utterly results from the progress of the facts and from the identification of the major and real beneficiary of the embezzled amounts from the National Investment Fund – F.N.I.

            According to article 25 of the Law No. 656/2002, with the subsequent amendments and modifications, the amount of 7.289.406 USD at the time of the National Investment Fund – F.N.I. collapse subjected to the process of money laundering is to be confiscated from Vîntu Sorin Ovidiu.

            The case was forwarded for the competent settlement to the Bucharest Tribunal.