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χωρίς σχόλια hellip

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CHAPTEX HOLDINGS LTD

Director no 1 - ΑΒΒΑ ΠΟΛΤΔΩΡΟΤ (Savvas Polydorou)

Director no 2 - ΦΙΛΙΠΠΟ ΦΙΛΙΠΠΟΤ (Filippos Filippou)

Director no 3 - ΓΙΑΓΚΟ ΧΑΣΖΗΓΙΑΓΚΟΤ (Giagkos Hatzigiagkou)

Address Κωςτάκη Παντελίδη 1

KOLOKASIDES BUILDING

1010 Λευκωςία Κφπροσ

CHAPTEX HOLDINGS

LIMITED

DEMCO EPENDYTIKI KAI EMPORIKI AE [6630 shares)]

(Address 402 Χλμ Αττικής Οδού SEA 1 MESOGION

Παιανία 190 02 Αττική Ελλάδα)

ΔΗΜΗΣΡΗ ΚΟΝΣΟΜΗΝΑ (Dimitris Kontominas)

[1310 shares] (Address 402 Χλμ Αττικής Οδού

SEA 1 MESOGION Παιανία

190 02 Αττική Ελλάδα)

Registration Date 02072001 Registration Number HE 121989

CHAPTEX HOLDINGS LTD

Director no 1 - ΑΒΒΑ ΠΟΛΤΔΩΡΟΤ (Savvas Polydorou)

Director no 2 - ΦΙΛΙΠΠΟ ΦΙΛΙΠΠΟΤ (Filippos Filippou)

Director no 3 - ΓΙΑΓΚΟ ΧΑΣΖΗΓΙΑΓΚΟΤ (Giagkos Hatzigiagkou)

Address Κωςτάκη Παντελίδη 1

KOLOKASIDES BUILDING

1010 Λευκωςία Κφπροσ

CHAPTEX HOLDINGS

LIMITED

DEMCO EPENDYTIKI KAI EMPORIKI AE [6630 shares)]

(Address 402 Χλμ Αττικής Οδού SEA 1 MESOGION

Παιανία 190 02 Αττική Ελλάδα)

ΔΗΜΗΣΡΗ ΚΟΝΣΟΜΗΝΑ (Dimitris Kontominas)

[1310 shares] (Address 402 Χλμ Αττικής Οδού

SEA 1 MESOGION Παιανία

190 02 Αττική Ελλάδα)

Registration Date 02072001 Registration Number HE 121989

DEPARTMENT OF REGI STRAR OF COMPANIES AN D OFFICIAL RICEIV ER Page lof2

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About Us

Press RJom [--c--- Fil e Content Addresses Olrectors amp )tlare apltaJ Cha rges amp Name History Hamoniza tion wi t h th~ ecretaries Mortgages Europe n cquiS----------------- - ---------------

Service Name CHAPTEX HOLDINGS LIMITED

Stat isti s Reg Number HE 121989 I

limited Com pany APP li ca~ io ~ltPe PrrvateInternabo~~Hr~ae Current NameMarks ta~sectMttus

Fees Registration Date 02072001

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Orga NamIE ~~Itf1SlHafe capital EUR 34 20000 divided as Co m ~ ny Fee for 2011

Ord e~middott~~m 20000 EUR 171

Bask

Issued Capital

I ssued capital EUR 13577 4 0 div ided as

LYNH 0E Il 7940 EUR 171

Shareholders

DEMeo EPENDYTIKI KAI EMPORIKI AE

402 XA IJ ATTl K ~~ Olt3ou

SEA 1 MESOG I ON

nOlo vio

190 02 ATTlK~ EAAooa

Class Name

IYNHGEII

No of Shares

6630

Currency

EUR

Un it Va lue

171

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SEA 1 MESOGION

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190 02 AmK~ EAA aoo

Cl ass Na me No of Shares Currency Unit Va lue

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About Us

Press ROOflile Content Addresses

Hamonization with the Europe n cqul s

Service Name

Statisti s Reg Number

APPlica~lio~~pe Int e rna io~~Nygae Mar ks la~tiMtus Fees Registration Date

Organisation Status Search hrough the Registe e~tafus DaterOrgani tions

Share Capital Charges amp Name History Mortgages

CHAPTEX HOLDINGS LIrvlITED

HE 121989

Limited Compan y Private

Current Na me

02072001

Active

Last Annual Return Date

On-line Application for Name proval

Results of NaffI~sent Previous All torr --------------

ll Onlin e ervices Director isation and

Nam Search Study File iLABBAL n OAYllllPOY

Org a isation and Nam 9tambKfI aonualoll 1 Com ny Fee for 2011

Ord e s BaS(getlSlDES BUILDING

Bask i t 1010 pounduKw aia Kunpa

I (J)Iln nm (J)Ilnnoy

KWOTClKll navTpoundAioll 1

I KOLOKAS I DES BUILDING

1 1010 suKwaia Kunpa

I IArKOL XATZHIAKO Y

KWQTIKIl nO VTpoundA ioll 1

KOLOKASIDES BUILDING

1010 EUKwaia Kunpa

Date of Appointment 12102006

Last Date of Ch anges 12102006

Coun t ry of Citizenship Kunpa

Date of Appointment 12 102006

Last Date of Ch a nges 12102 006

Country of Citizenship Kunpa

Date of Appointment 12 102006

Last Date of Changes 12 102006

Country of Citizens hi p Kunpa _ _____ _ ___ ___ _ _ bull _ ___ ______ _________ _ J

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DEPARTMENT OF REGISTRAR OF COM PAN IES AND OFFICIAL RECEIVER Page 2 of2

I ~HMHTPHI KONTOM HNAI

40 2 XAjJ ATTIK~~ 0 60l Country of Cit izenshi p Eo60

SEA 1 MESOGION

nalDvio

190 0 2 ATTl K~ EMo60

Class Name No of Shares Currency Unit Va lue

LYNH0EIL 1310 EUR 171

httpsllefilingdreor meitgov cyDrcorPubl ieRes trietedShareHo Iders aspxl namcid=24863 1252012

Basic characteristicsBasic characteristicsThe case encompass broader range of activities i di id l i d d fi h i i bjindividuals period and finances rather as it is subject to actions of Macedonian prosecution bodiesThree phases may be recognized and differentiated

P ti i i d i iPreparations ndash organizing devisingMediation negotiationExecution ndash agreements and transactions

M d i ti b di t d l i th thi dMacedonian prosecution bodies entered only in the third phase

Organizers intermediaries and part of transactions are not included within the legal procedurenot included within the legal procedureLarge part of actions that are comprised with provisions of the Criminal Code and individuals that are under reasonable doubt as performers of those pactions are not included as part of the procedure

Coverage in time and amountsAuditors Investigation for the period of 2000-2007g

White amp Case performed an investigation for Magyar Telecom activities in the period between 2000 d 2007 i iti ti f it I t l A dit2000 and 2007 on initiative of its Internal Audit CommitteeInvestigation was initiated by PricewaterhouseInvestigation was initiated by Pricewaterhouse Coopers auditors due of doubt in legality of certain executed and paid agreements

MANDATE AND INVESTIGATION

Determination of facts and circumstances are arising from or are related to among else

P i ti ti f M k d ki T l k ik ii ADPrivatization of Makedonski Telekomunikacii ADCertain consulting and lobbying agreements related to the aboveConsecutive activities of Makedonski TelekomunikaciiConsecutive activities of Makedonski Telekomunikacii AD including agreements with Cosmotelko Added Value Services SA Chaptex Holding Limited andor their affiliates andInteractions with government officials related to the activities of Makedonski Telemokunikacii AD

OPSTRUCTIONS OF THE INVESTIGATIONSome employees of the Company erased digital data (documents) from their computers making themtheir computers making them permanently irreversibleErasing took place after an Order forErasing took place after an Order for keeping all related agreements with their original contents was issued in gthe Company

INVESTIGATION REPORTINVESTIGATION REPORT

At the end of November 2008 White amp Case delivered their Final Report to Magyar TelecomMagyar TelecomMagayr Telecom anticipated the Final Report in its Annual Report for 2008 due p p the brevity of stated claimsThe report was delivered to the relevant t t th iti f H M d istate authorities of Hungary Macedonia

Germany USA and elsewere

FINDINGS IN THE REPORTFINDINGS IN THE REPORT

Between 2000 and 2006 a small group of former high executives of the Company and its Macedonian subsidiaries authorizedMacedonian subsidiaries authorized expenditure of about 24 million euro through over 20 suspicious agreements for consulting p g globbying and other services (including certain contracts between the Company and its subsidiaries and affiliates of Cyprus basedsubsidiaries and affiliates of Cyprus based consulting company on the other hand)

Evidence shows that contrary to the rules fnumerous of this agreements were made to

achieve specific regulatory benefits from the G t f M d iGovernment of Macedonia

Generally the companies achieved the requested and expected benefits and thereafter made payments p p yaccordant to one or more of those suspicious agreementsThere was an evidence that the rest of the contractsThere was an evidence that the rest of the contracts were also illegitimate and formed pile of funds available for purposes different to those stated in the contracts

IN ADDITIONIN ADDITION FOR BELIEVE IT OR NOT motive 2

ON 7 FEBRUARY 2003MAGYAR TELECOM (aka MATAV) ANDCOSMOTELKO VALUE ADDED SERVICES SAMADE AGREEMENT FOR DETERMINING THE INITIAL INVESTMENT THAT SHALL GOINITIAL INVESTMENT THAT SHALL GO THROUGHT MAKEDONSKI TELEKOM AD -SKOPJEFOR COSMOTELKO TO BECOME A STRONG ALTERNATIVE PROVIDER OF FIX TELEPHONY SERVICES IN THE REPUBLIC OF GREECESERVICES IN THE REPUBLIC OF GREECE

ДОКАЗ 467

STATUS OF MAGYAR TELECOM IN USA

MAGYAR TELECOM recognizes accepts and confirms responsibility for the doings p y gof its officers employees agents and those subsidiaries of helliphellip and that accusations stated in the Criminal Information and facts hellip are accurate and real

Elek Straub former President and executive director of Magyar Telecom Plc with Andras Balogh and Tamas Morvai at the

Deutsche Telecom

Magyar Telecom Plc

gbeginning of 2005 devised and initiated implementation of a corruptive schema to obtain illegitimate benefits aimed to achieve higher profit for the subsidiary of Magyar Telecom in the telecommunication business in Republic of Macedonia

Makedonski Telekomunikacii ADPayments according to contracts that does not

Stone Bridge Communications AD Skopje

telecommunication business in Republic of Macedonia

Payments according to contracts that does not approve their aim

SkopjeIn proprietary of Magyar Telecom Plcndashcomplete owner of controlling shares of Makedonski Telekom AD Skopje

Sham agreements with the Greek intermediary 1

Cosmotelko Value Added Services S A

Chaptex Holdings Limited

TeleMakedonija AD ‐ Skopje

Sham agreements with the Greek intermediary 1

Added Services SA Limited

Officials in the Macedonian Government

Tabular description of bodies that took procedural actions according with the statements in the financial reports ofaccording with the statements in the financial reports of Magyar Telecom

USA Republic of MacedoniaSecurities and Exchange Commission

(SEC)Ministry of Interior

US Department of Justice Criminal Division Fraud Section

Public Prosecution of the Republic of Macedonia

and

US Attorneyrsquos Office for E t Di t i t f Vi i iEastern District of Virginia

Ministry of Interior Republic of Macedonia F i di id l t d d i i th tFour individuals were reported under suspicion that they by abusing their office duties concluded in the agreements for consulting services with Chaptex H ldi Li it d i fi d i th i d fHoldings Limited in five rounds in the period of 2005-2006

services for which there was neither intention nor need for aimed to provide acquisition of illegitimate proceeds for the legal entity Chaptex Holdings Limited in aggregate amount of 3975000 euroi d t i t f h h ld f M k d kiin detriment of shareholders of Makedonski Telekomunikacii AD ndash Skopje and shareholders of Stone Bridge Communications AD Skopje in detriment of the Government of Republic ofin detriment of the Government of Republic of Macedonia as an representative of state capital (owner of 47 shares) in Makedonski Telekomunikacii AD ndashSkopje in amount of 1868250 euro

CHAPTEX HOLDINGS LTD

DEMCO EPENDYTIKI KAI EMPORIKI

Registration Date 02072001

Registration Number HE 121989

CHAPTEX

DEMCO EPENDYTIKI KAI EMPORIKI AE6630 Shares

(Address 402 Χλμ Αττικής ΟδούSEA 1 MESOGIONCHAPTEX

HOLDINGS LIMITED

SEA 1 MESOGIONΠαιανία

190 02 Αττική Ελλάδα)

ΔΗΜΗΤΡΗΣ ΚΟΝΤΟΜΗΝΑΣ

Director no 1 - ΣΑΒΒΑΣ ΠΟΛΥ∆ΩΡΟΥ (Savvas Polydorou)

ΔΗΜΗΤΡΗΣ ΚΟΝΤΟΜΗΝΑΣ(Dimitris Kontominas)

1310 Shares(Address 402 Χλμ Αττικής Οδού

SEA 1 MESOGIONPolydorou)Director no 2 - ΦΙΛΙΠΠΟΣ ΦΙΛΙΠΠΟΥ (Filippos Filippou)Director no 3 - ΓΙΑΓΚΟΣ ΧΑΤΖΗΓΙΑΓΚΟΥ(Giagkos Hatzigiagkou)

Address Κωστάκη Παντελίδη 1

Παιανία190 02 Αττική Ελλάδα)

η ηKOLOKASIDES BUILDING1010 Λευκωσία Κύπρος

USA Republic of Macedonia

SEC Ministry of InteriorSEC Ministry of Interior

Civil litigation against three individuals former high executive officers of Magyar TelecomEl k St b

Criminal charges against four individuals former high officers of MakedonskiTelekom ADAtil S dndash Elek Straub

ndash Andras Baloghndash Tamas Morvai

ORGANIZERES

ndash Atila Sendreyndash Rolf Platndash Mihael Kefaloianisndash Zoltan Kishius

PERPETRATORSORGANIZERES PERPETRATORS

Department of Justice and Attorneyrsquos Office Public Prosecution

Differed Prosecution Agreement in 2 years Indictment for abuse of office duties and and 7 calendar days on three charges for violations of provisions of FCPA in 2005 and 2006against

ndash Magyar Telecom PlcDiffered Prosecution Agreement in 2 years on

responsibilities for ndash Atila Sendreyndash Rolf Platndash Zoltan Kishius

Differed Prosecution Agreement in 2 years on charges for violations of provisions of FCPA in 2005 against

ndash Deutsche Telekom

BENEFICIARES PERPETRATORS

SOME SIMILARITIES AND BIG DIFFERENCES

o Organizers idea makers and devisers of the corruptive schemeo Organizers idea makers and devisers of the corruptive scheme(litigated in USA) were higher ups and superiors to accused perpetrators in Republic of Macedonia

o There is interrelation among this individuals directed to gconclusion of agreements and execution of transactions from bank accounts of Makedonski Telekom AD ndash Skopje toward Cyprus

o This interrelation is evident unbreakable and admitted by Magyar Telecom in the Agreement with the US DJ

o Public Prosecutors office in Macedonia did not initiated d i t i d i f th tiprocedure against superiors and organizers of the corruptive

scheme but prosecute only the perpetrators

o USA institutions burden specifically this individuals neglecting those that j st (if not the than some others o ld) e ec tedthose that just (if not they than some others would) executed given order and formally signed the documents

SOME SIMILARITIES AND BIG DIFFERENCESBIG DIFFERENCES

o It is about numerous agreements that by their (represented) goal are not in reference with what was delivered in exchangegoal are not in reference with what was delivered in exchange for the money that in spite of this the commissioner paid

o The number of agreements and transactions that are under gtreatment by USA institutions is broader that the number and transactions that are under treatment by the prosecuting institutions in Republic of Macedonia

o There is a disparity in the amounts

o The Public Prosecutor in Macedonia did not raised charges gagainst the legal entities although provisions for criminal culpability of legal entities is existing from 2004

The culpability for the actings of its subsidiaries in Macedoniao The culpability for the acting s of its subsidiaries in Macedonia meaning Makedonski Telekom AD ndash Skopje is irrefutably declared by Magyar Telecom in their Agreement with US DJ

Approach to the matter in USAIn the United States it is considered that there isIn the United States it is considered that there is a necessity for ideological makers and planners of the corrupt scheme to face the consequences i t din a court procedureMagyar Telekom as an legal entity that acquired benefits and made violations of theacquired benefits and made violations of the Law on Foreign Corrupt Procedures (FCPA) is facing criminal prosecutionOrganizers are under burden of civil litigation that claims for return of illegitimately obtained benefits and putting a barrier for doing so in futureand putting a barrier for doing so in future

Approach to the matter in Republic of Macedonia

Prosecution of perpetratorsTh i i ti tiThe ongoing investigation

Th i d i tThere is no procedure againstOrganizers of the criminal groupL l titiLegal entitiesIntermediaries and final beneficiaries

Modus Operandindash avoiding mandatory internal control

o Consulting and marketing agreements in 2005 and 2006 were also structured to circumvent i t l t l f M T l d t idinternal controls of Magyar Telecom and to avoid detection

o Payments were always placed under the census of internal control that would require approval by the Managing Board

o Straub Balogh and Morvai provided false statements or made omissions to the Magyar T l dit di th ti fTelecom auditors regarding the preparations of Annual Reports for the Company for 2005

Diferencesi th b f t tin the number of contracts on the number of transactions andin the total sum of money

USA Department of Justice and Attorneyrsquos Office

Public Prosecution in Republic of Macedonia

Seven agreementsTotal sum of 4 875 000

Four agreements + 1 AnnexTotal sum of 3 975 000Total sum of 4875000 Total sum of 3975000

Date Amount From To

12072005 340000 euro MakTel Cyprus shell company

13 07 2005 640 000 euro MakTel Cyprus shell company13072005 640000 euro MakTel Cyprus shell company

06092005 990000 euro Stone Cyprus shell companyBridge

09092005 980000 euro StoneBridge

Cyprus shell companyg

11042006 450000 euro MakTel Cyprus shell company

11042006 575000 euro MakTel Cyprus shell company

30052006 900000 euro MakTel Affiliate of Cyprus shell ypcompany

Date Amount From To

12072005 340000 euro MakTel Cyprus shell company

13 07 2005 640 000 euro MakTel Cyprus shell company13072005 640000 euro MakTel Cyprus shell company

06092005 990000 euro Stone Cyprus shell companyBridge

09092005 980000 euro StoneBridge

Cyprus shell companyg

11042006 450000 euro MakTel Cyprus shell company

11042006 575000 euro MakTel Cyprus shell company

30052006 900000 euro MakTel Affiliate of Cyprus shell ypcompany

PARTICIPANTS IN THE EVENTS

USA Republic of Macedonia

Securities and Exchange Ministry for Interior of Commission (SEC) Republic of Macedonia

Three named individuals Four named individualsThree named individuals

ndash Elek Straub ndash Andras Balogh

Four named individuals

ndash Atila Sendreyndash Rolf Platg

ndash Tamas Morvai ndash Mihael Kefaloianisndash Zoltan Kishius

USA DJ Public Prosecutor

l fMagyar Telecom former MatavExecutive 1 Elek StraubExecutive 2 Andras Balogh Executive 3 Tamas MorvaiD h T lDeustche TelecomMakedonski Telekomunikacii AD SkopjeExecutive 1 Atila Sendrey Executive 2 Zoltan Kishius G k I di 2

Makedonski Telekomunikacii AD SkopjendashAtila SendreyndashRolf PlatMih l K f l i iGreek Intermediary 2

member of Managing BoardTeleMakedonija AD SkopjeStone Bridge Communications AD Skopje

h h ld il l 2004

ndashMihael KefaloianisndashZoltan Kishius

Stone Bridge Communications AD Skopjeshare holder until late 2004

Greek Intermediary 1 Greek Intermediary 3Macedonian political party AM d i ffi i l 1Macedonian official 1Macedonian political party BMacedonian official 1Greek Intermediary 1 G k I t di 2 C Sh ll CGreek Intermediary 2 Greek Intermediary 3

Cyprus Shell Company

In this case there is over reasonable doubt that conditions are met for the following provisionsconditions are met for the following provisions of the Criminal Code of Republic of Macedonia

A ti l 394 (C i i l i ti (2004)) i d ithArticle 394 (Criminal association (2004)) in accordance with a criminal penalty of 5 years may be imposed to the offendersArticle 282 (Violation of the equality when performing business activity (2004)) in accordance with a criminal penalty of 5 years may be imposed to the offender and the crime shall not meet obsolescence until 2014Article 287 (Violation of the equality when performing business activity (2004)) in accordance with a criminal penalty of 5 years may be imposed to the offender and the crime shall not meet obsolescence until 2014член 287 став 3 (Abuse of powers in economy (2004)) in accordance with a criminal penalty of 10 years may be imposed to the offender and the crime shall not meet obsolescence until 2024

The question for coverage of activities under Macedonian law shows circumstances related with the reform of the criminal l i l ti th t t b f d ith hi h ti th tlegislation that must be performed with higher scrutiny than at present

o Incriminations once described and sanctioned in accordance with certain article of the Criminal Code later amended passed development and ware transformed in to other article of the Code where the original text no longer exists thus by theCode where the original text no longer exists thus by the principles of criminal law can no longer be successfully used in procedures against an offence previously committed

o Just for an example the offence provided in the Article 283 ldquoCreation monopoly position and causing market provided for in Article 283 Creation monopoly position and causing disorder marketrdquo after 14092009 was transformed in to Prevention restriction or distortion of competition (Official Gazette of the Republic of Macedonia No1142009)

SOLUTION OF THE AFFAIR -CHALANGE FOR THE MACEDONIAN AND

O C G C CINTERNATIONAL CRIMINAL LEGAL PRACTICE

TI-Macedonia engaged in analysis of the available documents from American i tit ti d th l t d ti d f i i i A di B finstitutions and other relevant domestic and foreign sources given in Appendix B of this text) to to reach conclusions about

Are the activities of Magyar Telecom Plc through and by its subsidiary in Republic of Macedonia (Makedonski Telekom AD ndash Skopje) incriminated in accordance with the domestic lawCould the allegations statements and exhibits arising from the Reports and writs of the cases in USA be used in domestic legal system and if so in what extend in purpose to achieve the criminal prosecution in the framework of the state of law in Republic of MacedoniaCan the criminal culpability proscribed for legal entities in 2004 be related to some ofCan the criminal culpability proscribed for legal entities in 2004 be related to some of the mentioned agreements andis there any culpability of certain legal entities (Makedonski Telekom AD - Skopje Stone Bridge Communications AD Skopje and others) for the contents of the financial reports 2005 and 2006 as submitted to Macedonian Stock Exchange Commission

d th t t i tit ti i d t th l i l ti l t d t iand other competent institutions in accordance to the legislation related to companies with shares and income tax

Additionally Does the current legislation in Republic of Macedonia allow successful interception of such or similar corruptive schema of economic operators if it would happen nowadayssuch or similar corruptive schema of economic operators if it would happen nowadays in Republic of Macedonia or else ware abroad

Is it possible to lead procedures in other affected states

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