Is the net closing on the fugitive #oligarchs resident in Europe?

Europe, for whatever reason, appears to have became a haven in recent years for the thieves and bandits that divested many of the former Soviet states of public assets. The cases of Khazak fugitive Mukhtar Ablyazov and his associates, Viktor and Ilyas aKhropunov and Botagoz Jardemalie are good examples, writes Brussels-based freelance investigative reporter Phillipe Jeune.

Ablyazov, convicted in Kazakhstan of the embezzlement of some $7.6 billion of assets from the country’s BTA bank fled the country to the UK, where he claimed political asylum. Subjected by the English High Court to an asset freeze, which he ignored, stripped of his status as an asylum seeker he took to his heels again, thus escaping from a 22 month jail sentence for contempt of court. He is currently residing in France, where he has also served a jail sentence.

Sentenced to jail for 20 years in absentia in Kazakhstan in June 2017, Ablyazov is currently under investigation for the 2004 murder of his predecessor as head of BTA Bank, Yerzhan Tatishev. The killer, Muratkhan Tokmadi, has described how over several meetings the pair discussed “the elimination of Yerzhan” and how Ablyazov persuaded him to carry out the hit and make it “look like an accidental killing”.

When asked in court by judge Azamat Tlepov "Do you admit your fault?” Tokmadi responded "Yes."

"Completely?" asked the judge. "Yes," replied Tokmadi.

There are outstanding extradition warrants in his name from Kazakhstan, Russia, and Ukraine. France has no intention of honouring those warrants.

Viktor Khrapunov, former mayor of Almaty, also fled Kazakhstan having made a considerable fortune from corrupt property deals. He originally found a haven in Lithuania, which showed no desire to execute extradition warrants or an Interpol arrest notice. At the time of writing he remains on Interpol’s Red list, and faces charges of ‘The Creation and Guidance of an Organized Criminal Group or Criminal Association (Criminal Organization), and Participation in a Criminal Association; Expropriation or Embezzlement of Trusted Property; Fraud; Legalization of Monetary Funds or Other Property Obtained Illegally; Abuse of Official Powers; Receipt of a Bribe’.

Khrapunov was named in the High Court of England and Wales as an accomplice to Ablyazov in the latter’s illegal transfer of assets in breach of a court order. He currently resides in Switzerland.

Khrapunov’s son, Ilyas, is also known to the police, and is also subject to an Interpol Red notice. He faces charges of ‘The creation and guidance of an organized criminal group or criminal association (criminal organization), and participation in a criminal association; Legalization of monetary funds or other property obtained illegally’. The Ukrainian authorities would also rather like to get their hands on him. Like his father he currently resides in Switzerland, and, like his father, appears to be safe from extradition. Khrapunov Jr. is, incidentally, Mukhtar Ablyazov’s son-in-law.

Botagoz Jardemalie is the former member of BTA Bank’s Management Board, and has been described as the “right-hand” of Mukhtar Ablyazov. Sources even suggest that she was Ablyazov’s mistress. In 2009 she fled Kazakhstan.

She relocated to Belgium where she was able to establish various business interests. Her business address in Brussels is also that of law firm Ruchat Lexial, founded by Emmanuel Ruchat, a highly connected expert in immigration, criminal, and political law.

Belgian authorities until recently seemed somewhat oblivious to the presence and activities of Jardemalie in their country.

Why is it that national authorities have allowed people who are subject to international arrest warrants and, in some cases, multiple extradition requests to remain at large in their countries? People who, as in the case of Ablyazov, have even committed offences and received jail sentences in EU member states?

Could this have anything to do with the billions they bring with them, or could it be the high level contacts they enjoy? Rumours about connections with prominent European businessmen and even royalty abound.

New unexplained wealth orders (UWOs) are to be used to seize the UK assets of oligarchs and others suspected of having profited from the proceeds of crime. The orders were introduced in the Criminal Finance Act last year but are only now coming into effect now. The United States is also focusing on the activities of oligarchs.

The EU, and particularly the European Parliament, is stepping up its pressure on tax havens, although there is strong opposition from certain members states, such as Luxembourg, which have an interest in maintaining the status quo.

These initiatives will be of great concern to those such as our four case studies, and also to their high level patrons in the member states and beyond.

Will the guilty be brought to justice, or will money continue to talk as it clearly does now?

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