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Ukrainian bank accuses former owners of ‘epic’ fraud at London trial

Jsc commercial bank privatbank has accused businessmen igor kolomoisky and gennadiy bogolyubov of misappropriating more than £1.5 billion., article bookmarked.

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Ukraine’s biggest bank has accused two former owners of “fraud on an epic scale” covered up by “money laundering on a vast scale” at a High Court trial in London .

JSC Commercial Bank Privatbank says former owners Igor Kolomoisky and Gennadiy Bogolyubov misappropriated more than £1.5 billion (nearly two billion US dollars).

A judge began overseeing a trial – due to last several months – on Monday.

Mr Kolomoisky and Mr Bogolyubov are fighting the case.

The trial was due to start a year ago but lawyers representing Mr Kolomoisky and Mr Bogolyubov persuaded Mr Justice Trower that it should be delayed because of the war in Ukraine.

This case concerns fraud on an epic scale

Andrew Hunter KC, who is representing Privatbank, told Mr Justice Trower on Monday that “the fraud” contributed to the failure of the bank in 2016.

“This case concerns fraud on an epic scale, covered up by money laundering on a vast scale perpetrated against the bank in 2013-14 by its former owners, Igor Kolomoisky and Gennadiy Bogolyubov,” he said in a written case outline.

“The fraud contributed to the failure of the bank in 2016 and its nationalisation in December of that year, following which an investigation led the bank – now under new ownership and management – to discover what had happened.

“That fraud – referred to in these proceedings as the ‘misappropriation’ – concerned the extraction of more than 1.9 billion US dollars from the bank, using a complex network of vehicles.”

He said the bank was the largest in Ukraine.

Mr Hunter added: “There is a wealth of evidence to establish the misappropriation, and the defendants’ involvement in it.”

Neither Mr Kolomoisky nor Mr Bogolyubov were at the hearing on Monday.

Mr Hunter told the judge that the “two elephants in the case” were not “in the room”.

He suggested that, had the two men answered questions at the hearing, they would have been “exposed” as “fraudsters, money launderers and liars”.

Mr Hunter said Mr Kolomoisky is 60. He said Mr Bogolyubov is 61 and has lived in London for almost a decade.

Mr Hunter said the bank had been the “jewel” in the businessmen’s “crown”.

He said the bank’s case is that it had “suffered a loss of around 1.9 billion US dollars”.

“(Mr Kolomoisky) eschews conventional means of communication and record-keeping,” Mr Hunter told the judge, in a written case outline.

“He states that he does not use email (believing it to be unsafe and unreliable); restricts the volume of documents he creates, promptly disposing of any hard copy documents; and uses a secure telephone network to communicate with his inner circle known as ‘the Black’, in respect of which he claims to have no record.”

Mr Hunter added: “Like (Mr Kolomoisky) Mr Bogolyubov relied on his trusted agents to administer his affairs, keep records and/or hold his assets for him, usually on the basis of oral agreements.”

The bank presumably hopes that an English court will be more disposed to construe and apply Ukrainian law generously in its favour, filling in any perceived gaps by recourse to analogies with English law principles

Barristers representing Mr Bogolyubov told the judge that the bank’s claims are “misconceived”.

“The bank’s case is that Mr Bogolyubov misappropriated money from the bank through a ‘scheme’ or ‘misappropriation’ comprising the relevant loans, relevant drawdowns and unreturned prepayments,” they said in a written case outline.

“However, the bank fails to recognise the significance of the total absence of any direct evidence against Mr Bogolyubov implicating him in any involvement with the ‘scheme’.”

They added: “The absence of any material of this sort is the evidence that Mr Bogolyubov was not involved.”

Barristers representing Mr Bogolyubov went on, in their written case outline: “The bank’s case is no more than an assumption that Mr Bogolyubov must have been involved when his conduct is viewed through English eyes and the prism of English commercial principles and practices.

“This is not a legitimate way in which to judge this Ukrainian case.”

Lawyers representing Mr Kolomoisky said the dispute is “Ukrainian” – and told the judge that Mr Kolomoisky denies “any unlawful conduct”.

“Had the bank sued Mr Kolomoisky in Ukraine, the claim would undoubtedly have failed,” said barristers representing Mr Kolomoisky in a written case outline.

“Among other fatal problems, a Ukrainian court would find that the bank had failed to identify specific acts, omissions, or decisions on the part of Mr Kolomoisky that were unlawful as a matter of Ukrainian civil law, or which directly caused the bank loss.

“The bank presumably hopes that an English court will be more disposed to construe and apply Ukrainian law generously in its favour, filling in any perceived gaps by recourse to analogies with English law principles. That is not a legitimate approach…”

They added: “Mr Kolomoisky denies any unlawful conduct.”

Lawyers said Mr Kolomoisky’s defence turns on the “factual inadequacies of the bank’s case, the contemporaneous documents and the expert evidence”.

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Oligarch’s £95m separation deal with wife frozen for fraud case

A billionaire oligarch who wanted to give his wife “a minimum of £95 million” in a separation deal ahead of High Court fraud litigation that could “wipe him out” has been thwarted after judges said he must wait to see how much of his fortune he has left after the case.

Gennadiy Bogolyubov , who has £121 million of London property including a family home on Belgrave Square valued at £60 million in 2009 and a £20 million house in Belgravia , tried to gain approval for the agreement with his wife Sofia in a court application.

But the payout — which replaced a less generous pre-nuptial agreement between the pair — has had to be put on hold after the High Court and the Court of Appeal ruled that it should not be made until the outcome of the litigation against the oligarch.

One of the judges said it would be “illogical and wrong” for the money to be handed over until the extent of his “potentially massive liability” from the fraud case had been established.

The ruling followed an earlier admission by his wife’s barrister that the litigation, in which he and another oligarch, Igor Kolomoisky, are being sued by Ukraine’s biggest bank for a sum that now totals more than $4.2 billion, could “wipe out” Mr Bogolyubov’s wealth entirely.

The High Court case against Mr Bogolyubov, below, and Mr Kolomoisky, to be heard this month, involves claims that they siphoned off vast sums through a string of financial transactions.

The alleged scam involved deals in which loans were used to make advance payments for “impossibly large” quantities of commodities — from tankerloads of apple juice to cranes and diggers — that were never delivered.

Three UK companies were among hundreds used in what has been described as a “fraud of byzantine complexity”. Both Mr Bogolyubov, who lived in London before moving to Switzerland in 2017, and Mr Kolomoisky strongly deny the allegations, although a Court of Appeal judgment shows that both have admitted that there is a “good arguable case of fraud on an epic scale”.

Details of the attempted deal between Mr Bogolyubov and his wife emerged in a Court of Appeal judgment last month. It discloses that the pair signed a pre-nuptial agreement — under which Mrs Bogolyubova would receive a £1 million lump sum, plus £2 million for each year of marriage, maintenance of £500,000 a year and £20 million in trust.

The judgment states that the pair separated in 2016, the same year that litigation against Mr Bogolyubov was brought by Russian oil company Tatneft. It risked leaving him with a £300 million bill until it was dismissed on a “limitation point”.

Before this happened, a new separation agreement was reached giving Mrs Bogolyubova “a minimum of £95 million” but not formalised via court approval until an attempt was made in December 2021 to achieve this.

The new Court of Appeal judgment issued by Lady Justice King states, however, that this was after Privatbank had begun its own litigation against Mr Bogolyubov and secured a worldwide freezing order against his assets.

The judge says the High Court refused approval for the deal until the outcome of the Ukrainian bank’s case and that this decision should be upheld.

Lady Justice King said that information provided to the court by the couple put Mr Bogolyubov’s wealth at £3.8 billion, but that this would not be enough to meet his liabilities if he loses the Privatbank case.

She added: “It is accepted on behalf of the wife that in the event that Privatbank succeeds substantially in its action against the husband, the resulting damages order would ‘wipe him out’.”

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Ukraine’s PrivatBank seeks $5.5bn damages from oligarchs

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• Gennadiy Bogolyubov

Director/Board Member at Altergaz SA

Gennadiy Borysovych Bogolyubov is the founder of PrivatBank Commercial Bank PJSC, which was founded in 1992. He held the title of Chairman-Supervisory Board at the time of founding. Mr. Bogolyubov's current job(s) include being a Director at Altergaz SA since 2010 and being the Owner of Consolidated Minerals Pty Ltd. since 2008. Mr. Bogolyubov's former job(s) include being a Director at Evraz Group SA from 2008 to 2010, a Member-Management Board at Ferrexpo Plc, a Member-Supervisory Board at Ukrnafta OJSC, and the President of Consolidated Minerals Ltd. (Jersey).

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Norilsk, Krasnoyarsk Krai, Russia

Norilsk - the city beyond the arctic circle.

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Norilsk city, Russia

The city of Krasnoyarsk krai .

Norilsk - Overview

Norilsk is a city in Russia located in the north of Krasnoyarsk krai, above the Arctic Circle, to the south of the Taimyr Peninsula, about 90 km to the east of the Yenisei River. The distance to Krasnoyarsk, the capital of the region, is 1,500 km, the distance to the North Pole - 2,400 km.

The city has one of the largest in the world complex of both mining and metal-producing enterprises. Since November 2001, Norilsk and Dudinka can be visited by foreigners only on government permission.

The population of Norilsk is about 184,100 (2022), the area - 30 sq. km.

The phone code - +7 3919, the postal codes - 663300-663341.

Norilsk city flag

Norilsk city coat of arms.

Norilsk city map, Russia

Norilsk city latest news and posts from our blog:.

13 April, 2022 / Norilsk - the view from above .

13 October, 2019 / Putorana Plateau - the Mountains with Flat Tops .

12 February, 2015 / Life in Norilsk - the most polluted city in Russia .

4 August, 2014 / June in Norilsk - one of the largest cities within the Polar Circle .

8 June, 2013 / "Norilsk Nickel" - the largest mining and smelting company .

More posts..

History of Norilsk

People knew about deposits of natural resources around present city of Norilsk since the Bronze Age: primitive tools for fusion and casting as well as raw materials were found close to Lake Pyasino.

In the 16th-17th centuries, copper from Norilsk deposits was used by inhabitants of Mangazeya - a town located above the Arctic Circle on the Taz River. This settlement on the extreme north became a town in 1603. Mangazeya was a trade and handicraft center.

Its decline in the second half of the 17th century was due to the fact that the Russian Tsar Alexey Mikhailovich adopted an order prohibiting a sea route to Mangazeya. It was done to protect the Siberian boundaries of Russia, as the Northern Sea Route attracted Western European countries (England, Holland) as one of the possible ways to trade with India. The sea route to Mangazeya was closed.

More Historical Facts…

Further exploration of Norilsk area was made by expeditions headed by N.N.Urvantsev in 1919-1926. They found rich deposits of coal and metal ores. In 1921, the first wooden house was built which is considered to be the first house in Norilsk (this house has been preserved and is a museum “The First House of Norilsk” now).

In 1935, the Gulag prisoners began the construction of the Norilsk plant. The Gulag was an agency administering the Soviet forced labor camp systems during the Stalin era. In 1942, the first nickel was produced. Till 1951, the settlement of Norilsk and the industrial base of Norilsk plant were located at the northern foot of Shmitikha Mountain, where Urvantsev built the first house. Today, it is called the “old” town, there are no residential houses there.

In 1951, the construction of a “new” settlement on the eastern bank of Lake Dolgy began. It was done by the Gulag prisoners too (Norillag). In 1953, it became a city. In total, more than 500 thousand prisoners were sent to Norillag. Thousands of them died during the construction. In 1953, the population of Norilsk was 77 thousand people (68 thousand of them were the prisoners of Norillag).

Present Norilsk has a number of memorials dedicated to this “prison” page of the history of the city.

In 1996, the northernmost Orthodox Church “Joy of All Who Sorrow” was built. In 1998, the world’s northernmost mosque was opened in Norilsk.

Norilsk views

Norilsk city view

Author: Alexander Ananiyev

Norilsk view

Author: Lemesheff

Norilsk architecture

Author: Ozerov Vadim

Norilsk - Features

The city was named after the place of its location: the Norilskaya (Norilka) River flows nearby. Also the city is located at the foot of Norilsk mountains (from the name of a pole “norilo” used by fishermen-northerners).

Norilsk is the most northern city in the world with a permanent population of more than 150,000 people. This is one of the coldest cities in the world, much colder than Murmansk, located almost on the same latitude. It is also among the five most windy populated areas of the planet.

The climate of the area is of sub-arctic type with long and cold winters. Summers are short (from late June to late August), cool (+10,7 degrees Celsius), and cloudy. The average temperature within a year is minus 9.8 degrees Celsius, the average temperature in January - minus 26.9 degrees Celsius, in July - plus 14,3 degrees Celsius. The snow cover lasts from 7.5 to 9 months of the year. In normal winter, Norilsk is covered by about two million tons of snow.

As there are no land routes (highways, trains) to other Russian cities (except the city of Dudinka), locals often call the rest of Russia the “continent”. You can hear a phrase like “to move to the continent” when it comes to moving to a different region of the country. However, there are groups of enthusiasts who go in cars by winter technological roads (Gazprom) through Dudinka or by winter roads through Snezhnogorsk.

Transportation by air is carried out through “Alykel” airport located 52 km west of Norilsk (flights to Moscow, St. Petersburg, Krasnoyarsk, Novosibirsk, Ufa).

Like other Russian cities that came into being because of the metals industry, people living in Norilsk widely celebrate the Day of Metallurgist (third Sunday of July). Indigenous peoples (Nenets, Dolgans) celebrate the holiday of Kheyro - return of the Sun after the long polar night.

Zapolyarny branch of the metallurgical company “Norilsk Nickel” is the main plant in the city. It is a large center of non-ferrous metallurgy (copper, nickel, cobalt, palladium, platinum, gold, silver, iridium, rhodium, and ruthenium). Along with these metals such products as technical sulphur, metallic selenium and tellurium, sulphuric acid are produced.

Norilsk group of enterprises produces about 35% of all palladium in the world, 25% of platinum, 20% of nickel, 20% of rhodium, 10% of cobalt. In Russia, it produces 96% of nickel, 95% of cobalt, 55% of copper. But there is a downside - Norilsk is one of the most environmentally polluted cities in the world.

Norilsk - Interesting facts and places

Mountain tourism as well as trips to rivers and to the tundra are popular among locals. Due to numerous mountains and long winters, skiing, mountain skiing, and snowboarding are popular too (“Ol-Gul” ski lodge and “Gora “Otdelnaya” ski resort).

In addition, Norilsk has two world’s northernmost parachute clubs, the history of which began more than 20 years ago - “Polyus” (Kayerkan District) and “Emperors of the sky” (Central District).

A lot of buildings in Norilsk remind the ones located in St. Petersburg (a number of architects were exiled from St. Petersburg to Norilsk). The experience acquired by the architects in Norilsk (construction on permafrost) still remains unique. Today, this knowledge is used during construction in the areas of Siberia and the Far North.

Few indigenous peoples (Nenets, Ents, Nganasans, Dolgans) live in the city. At present, almost all of the city’s population consists of people who came to Norilsk in the second half of the 20th century and their ancestors. Also some people are the ancestors of prisoners who were granted amnesty in 1953, but remained in the city.

At least six underground nuclear explosions were carried out for peaceful purposes in the Krasnoyarsk region (deep seismic sounding of the Earth’s crust to find the presence of natural resources).

Norilsk has one university (the Norilsk Industrial Institute) as well as several branches of universities of other cities of the Russian Federation, pedagogical and medical schools.

The main cultural institutions in Norilsk:

• Norilsk Polar Drama Theater named after Vladimir Mayakovsky (Lenina Avenue, 34),
• Youth theater (Lenina Avenue, 34),
• Art Gallery (Talnakhskaya Street, 78),
• Museum of the History of Exploration and Development of Norilsk Industrial Region (Lenina Avenue, 14).

Norilsk city of Russia photos

Streets of norilsk.

Norilsk city street

Norilsk street

Author: Viktor Biryuk

Norilsk street scenery

Pictures of Norilsk

Norilsk city architecture

Norilsk industry

Mount Schmidt in Norilsk

Norilsk places

Airport in Norilsk

Drama Theater in Norilsk

Mosque in Norilsk

Author: Vladimir Maltsev

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Krasnoyarsk Krai

• By Elena Chernyshova

Name: Elena Chernyshyova

Profession: Photographer

Cities: Norilsk, Kodinsk (both in Krasnoyarsk Krai)

How long have you lived there?: 9 months and 4 days, respectively

A short description of your city?:

Norilsk is Siberia, 400 km beyond the Arctic Circle, permafrost, nine months of winter, 45 days of Polar Night, a city that can only be reached by plane... It has the world's largest metallurgical plant for the mining and production of nickel, cobalt, lead, palladium and platinum.

Kodinsk is located in Siberia, in Krasnoyarsk region. The city was created for the builders of the Boguchansky Hydroelectric Station, which is along the Angara River. Due to the collapse of the USSR and temporary stoppage of work on the station's construction, it took 30 years to complete and was only opened in 2014.

Tell us something about your city that only locals would know:

Norilsk :   Whenever there is a serious blizzard or the temperature drops really low, and kids should not go to school, an aktirovka is declared. The kids stay home and their homework assignments are sent out as text messages.

Saguday – a disk made from fresh, northern fish.

A taxi ride through the city only costs 100R ($1.50).

Kodinsk : Several regions of Kodinsk have unofficial names, like India and Lukomorye. The "sea" – Boguchanskoye Reservoir – was still in the planning stages when the more poetic name Lukomorye took hold. India is simply a monument to certain Kodinsk residents: a region of individual homes that was built through group effort – a method popular in the 1980s with the Komsomol-youth projects – on nights and weekends.

Which places or sites are a must for someone to see if they visit your city?

Norilsk : Shmidt Hill (Gora Shmidta), with its old tunnels, the remains of a narrow gauge railway, and an excellent view of the city. Also, the abandoned villages of Medvezhy and Zapadny.

Kodinsk : Boguchanskaya Hydroelectric Station. Children's playgrounds with their metal sculptures. The horseback riding club Mustang, in Syromolotovo.

Tell us a bit about your photography, how long you have been doing it and what you are interested in:  17 years. I shot on film and now shoot digital. I find the entire process interesting. I love to shoot the daily lives of people.

The Old Town of Norilsk. Norilsk is one of the biggest metallurgy centers in the world and it is also among the eight most polluted cities in the world.

Photo credit: Elena Chernyshova

In the city house numbers are written in three- or six-meter figures for better orientation especially in snowstorms when visibility is low. 

Tags: Norilsk Kodinsk Siberia mining

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