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STATEMENT of a Criminal Offense (under Part 1, Art. 214 of the Criminal Procedure Code of Ukraine)

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STATEMENT of a Criminal Offense (under Part 1, Art. 214 of the Criminal Procedure Code of Ukraine) (translation)

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STATEMENT of a Criminal Offense (under Part 1, Art. 214 of the Criminal Procedure Code of Ukraine)

  1. 1. MEMBER OF THE PARLIAMENT OF UKRAINE No. ___________ Dated April __, 2020 Prosecutor General's Office 01011, Kyiv, 13/15 Riznytska Str. STATEMENT of a Criminal Offense (under Part 1, Art. 214 of the Criminal Procedure Code of Ukraine) According to the information I received, on February 7, 2020, within the framework of the Support of the Criminal Justice Reform in Ukraine Project and on behalf of the Prosecutor General's Office of Ukraine 449 kg of materials related to attestation of prosecutors and investigators of the Prosecutor General's Office of Ukraine has been destroyed. According to investigative journalists, the destruction of the documents was done intentionally, at the time when Prosecutor General Riaboshapka R.G. and his team already knew about 250 votes in the Verkhovna Rada of Ukraine for his resignation. Also, according to publicly available information, namely the response of the Prosecutor General's Office (Annex 1), the organization of prosecutors' recertification activities was carried out by Psymetrics-Ukraine LLC, which was declared as a company that measured the psychological and other characteristics of prosecutors. That is, the then Prosecutor General's Office of Ukraine had a contract for the implementation of international technical assistance programs by the International Development Law Organization (IDLO), headed by its Director-General Levan Duchidze, registered at: Viale Vaticano, 106, Rome, Italy. IDLO, in turn, entered into a contract with the Psymetrics-Ukraine LLC, as the actual executor of recertification. At the same time, it was found that Psymetrics-Ukraine LLC, founded in 2018, has not conducted any activities earlier and has never submitted tax reports. Moreover, during certification in October 2019, the Company changed its owner. For example, instead of psychologists husband and wife who founded this Company, the person whose main activity is non-store retailing became the owner (Annex 2). Based on the above and the risk criteria, investigators believe that there is every reason to consider the Psymetrics-Ukraine LLC a firm, created for a single task, which was used in practice as a tool for withdrawal of US material and technical assistance funds.
  2. 2. In addition, it has been established that Psymetrics-Ukraine LLC has foreign currency accounts with Raiffeisen Bank Aval: UA283808050000000026001677924, UA343808050000000026007611597, UA543808050000000026001611593, UA593808050000000026009677926, UA793808050000000026005654976, UA853808050000000026009611595, which should be necessarily verified in the course of pre-trial investigations into embezzlement of international technical assistance. According to the procurement plan, $7,384,192 has been allocated for the Reforming the Public Prosecutor's Office of Ukraine, $744,000 (Annex 3) of which is the total limit amount of international technical assistance funds that can be used to purchase goods, works and services from the international technical assistance within the framework of the program. Analyzing the procurement plan, we can conclude that hundreds of thousands of US dollars of American taxpayers were fraudulently embezzled by the representative office of IDLO in Ukraine veiled as a purchase of goods, catering, travel, information services, etc., including through firms such as Psymetrics-Ukraine LLC. The issue of fraud and misuse of funds under the Support to the Criminal Justice Reform in Ukraine Program, executed by IDLO arises not for the first time. Thus, the Prosecutor General of Ukraine Viktor Shokin has opened a criminal case concerning the embezzlement of international technical assistance funds allocated under this program. Reference: It is worth noting that IDLO has been involved in international scandals more than once. In 2013, Afghan law enforcement agencies investigated IDLO's misuse of $47.8 million provided by the US Department of State. Also, former Prosecutor General Viktor Shokin, in addition to investigating the resonant criminal proceedings against Burisma Group, with Hunter Biden as one the members of the board, and criminal proceedings regarding the withdrawal and legalization of so-called Yanukovych family funds with the help of American firm Franklin Templeton and internal/external government loan fraud (Annex 4), pre-trial criminal proceedings were conducted regarding the embezzlement of international technical assistance funds with participation of the so-called anti- corruption activists who were in personal relations with the Law Enforcement Section at US Embassy in Ukraine and under personal oversight of the US Chargé D'affaires Ad Interim to Ukraine George Kent. This is evidenced, in particular, by an official letter from George Kent, which in fact impeded the law enforcement agency's legitimate efforts to investigate the embezzlement of US taxpayers' money (Annex 5). This letter dated April 04, 2016, reads: "This US assistance package, which the Prosecutor General's Office has publicly stated it is "investigating" is implemented through the International Development Law Organization, an intergovernmental organization, and through the US Department of Justice's Office of Overseas Prosecutorial Assistance and Training. Management and oversight of this funding is done by the US Embassy in Kyiv through the International Narcotics and Law Enforcement Section. We are completely satisfied that the assistance in question has only been used for those purposes and, as stated above, do not see any grounds from our perspective as the donor who provided the assistance for an investigation into their use. Given the above, we reject allegations that Mr
  3. 3. Sakvarelidze or anyone within the Prosecutor General's Office with whom we worked, could have misused these funds since they were never under their control. The investigations into the actions of the Anti-Corruption Action Center, based on the assistance they have received from us, is similarly misplaced." With this letter, George Kent, in fact, covers the scheme of embezzlement of US taxpayers' money and illegally interferes with the activities of the law enforcement agency of Ukraine. And given that George Kent is now an officer of the US Department of State, and IDLO still performs the function of using the US funds, there is a reason to believe that George Kent is actively contributing to the continued illegal misuse and money laundering through IDLO and Psymetrics-Ukraine LLC". The abovementioned letter sent to the Prosecutor General's Office of Ukraine was signed by George Kent precisely the day after the resignation of the Prosecutor General of Ukraine Viktor Shokin. According to investigative journalists, George Kent synchronized his actions with US Vice President Joseph Biden related to the pressure on Shokin and his further resignation. According to Ukrainian investigators of the Prosecutor General's Office who investigated criminal cases against Burisma, Joseph Biden's actions were aimed at the suspension of criminal cases initiated by law enforcement officers against the Burisma Company, where his son Hunter Biden held a senior position. Another motivation for Joseph Biden with the help of George Kent was to establish total control over one of the most profitable industries in the country – oil and gas production. Thus, the majority in the Supervisory Board of the largest national Company of Ukraine, the leading enterprise of the fuel and energy industry, the largest taxpayer – Naftogaz Group, is held by foreign nationals. But one of them deserves special attention, namely Amos Hochstein, who is one of the main architects of Naftogaz reforms and, in fact, the co-author, along with Andriy Kobolyev and Andriy Favorov, of a scheme of enrichment using the reverse of Russian gas, which was presented as European supply, the corruption component of which, according to experts, amounted to at least $1.5 billion (Annex 6). Amos Hochstein is United States Special Envoy and Coordinator for International Energy Affairs from the Democratic Party. As US's Chief Energy Diplomat, Hochstein worked closely with Vice President Joe Biden and collaborated with him on international trips to promote energy resources as an essential tool in US policy. The investigation by the Prosecutor General's Office of Ukraine regarding Burisma, as well as the management of Naftogaz of Ukraine, managed in fact by Amos Hochstein, made it impossible to implement further plans of the Biden family in the energy sector of Ukraine. In particular, Joe Biden pressed the Ukrainian authorities to dismiss Shokin from his position. Regarding George Kent's motives, investigative journalists have every reason to believe that the main one is that George Kent – while holding the position of US Chargé D'affaires Ad Interim to Ukraine – personally promoted the initiatives and actions of Joe Biden and so-called representatives of Democorruption, as well as the
  4. 4. laundering and misappropriation of US taxpayers' money received by Ukraine in the form of material and technical assistance. Also, according to files of journalistic investigations and publicly available information, George Kent publicly participated in the harassment of Roman Nasirov, the only official from Ukraine to attend the inauguration of the President of the United States. George Kent personally managed puppet "activists" under the court walls when the measure of restraint was elected for Roman Nasirov. Also, George Kent was personally involved in the establishment and operation of NABU, which in essence interfered with the 2016 US presidential election, by publishing unconfirmed information about the Donald Trump's campaign manager Paul Manafort and synchronizing his actions with journalists and Ukrainian MPs in the illegal disclosure of pre-trial investigation data. The result was the resignation of Paul Manafort from the position of Donald Trump's campaign manager in August 2016 (Annex 7). As it is known from documents posted on the NABU-LEAKS website, NABU was engaged in the illegal collection of personal data on Prosecutor General Shokin and his family, as well as the subsequent transfer of this data to the US Embassy, where George Kent held the position of US Chargé D'affaires Ad Interim to Ukraine. Thus, the actions of IDLO representatives in Ukraine and Psymetrics- Ukraine LLC are a criminal offense – a crime under Part 5, Art. 191 of the Criminal Code of Ukraine, i.e. misappropriation of international technical assistance to Ukraine, and Part 3, Art. 212 of the Criminal Code of Ukraine, i.e. tax evasion in particularly large amounts. Given that the funds embezzled through the criminal scheme are US taxpayers' money, I ask within the framework of international cooperation, to apply to the US Department of Justice with a request to review the actions of George Kent and the unidentified officials of the Law Enforcement Section at US Embassy in Ukraine responsible for the implementation of the Support to the Criminal Justice Reform in Ukraine Program and use of material and technical assistance funds. Following the requirements of Part 1, Part 4 of Art. 214 of the Criminal Procedure Code of Ukraine (hereinafter – the CPC of Ukraine) the investigator, prosecutor is obliged to register the relevant information with the Unified Register of Pre-trial Investigations and initiate investigations immediately, but not later than 24 hours after filing a statement or a notification of a criminal offense. It is not allowed to refuse to accept and register a statement or notice of a criminal offense. In addition, according to paragraph 1, Part 1, Art. 303 of the Criminal Procedure Code of Ukraine the inaction of the investigator or the prosecutor, in the form of failure to register the information about the criminal offense with the Unified Register of Pre-Trial Investigations after receiving the statement or notice of a criminal offense may be appealed to the investigating judge. Given the above, guided by Art. 214, 216 of the Criminal Procedure Code of Ukraine, I HEREBY REQUEST: 1. Not later than 24 hours after filing this statement of a criminal offence, register the relevant information with the Unified Register of Pre-trial
  5. 5. Investigations and initiate a pre-trial investigation in order to establish the actual circumstances of the case and prosecute the perpetrators. 2. Notify me of the results of consideration of the statement of criminal offense within the statutory time limits. 3. Take personal control over the course of the pre-trial investigation. Annexes: 1. Copy of the Prosecutor General's Office reply on 1 page. 2. Information about Psymetrics-Ukraine LLC on 1 page. 3. Copy of the Procurement Plan for goods, works and services purchased using the international technical assistance funds on 3 pages. 4. Materials of the press conference of the Members of the Parliament of Ukraine Derkach AL and Dubinsky O.A., dated November 20, 2019. (https://nabu-leaks.com/video-press-conference-new-facts-of- international-corruption-3-part-with-subtitles/) 5. Copy of George Kent's letter to the Prosecutor General's Office of Ukraine with translation on 2 pages. 6. Materials of the press conference by the Member of the Parliament of Ukraine Derkach A.L., dated December 17, 2019. (https://nabu- leaks.com/video-of-the-press-conference-new-facts-of-international- corruption-oligarch-officials-stolen-billions-and-us-presidential- candidate-translation/) 7. Copy of the letter to the President of Ukraine on the inefficiency of NABU's operations on __ pages. Derkach A.L.

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