'If we had not left Moldova five years ago, we would be in jail and probably not alive today'

Moldova is one of the poorest countries in Europe, unemployment is high, and the country is heavily dependent upon remittances from thousands of Moldovans working abroad. A large part of the Moldovan population is Romanian-speaking, although there are also Russian and Ukrainian minorities. The communists were the ruling party in the former Soviet state from 1998 until 2009. Since 2009 Moldova became more pro-western. Moldova currently aspires to join the European Union, and has implemented the first three-year Action Plan within the framework of the European Neighbourhood Policy (ENP), and has signed a far-reaching Association Agreement with the EU in 2014.

The parliamentary elections in 2014 lasted nearly two months and resulted in the formation of a minority coalition composed of two groupings: the Liberal-Democratic Party (PLDM) and the Democratic Party (PDM). Contrary to their initial announcements, PDLM and PDM did not admit the Liberal Party led by Mihai Ghimpu to power. Moreover, they blocked the nomination for prime minister of the incumbent, Iurie Leancă. This ensured that the political model present in Moldova since 2009 has been preserved, in which the state’s institutions have been subordinated to two main oligarch politicians: Vlad Filat (the leader of PLDM) and Vlad Plahotniuc (a billionaire who de facto controls the PDM).

EU Reporter decided to investigate the present Moldova situation and the country's chances for EU accession – in doing so, we turned to Viorel Topa and Victor Topa (no relation), two Moldovan businessmen. In speaking exclusively to EU Reporter, Viorel said that being in Moldova has become untenable and further claims that the pair were the victims of 'corporate raider attacks' instigated by Plahotniuc, which resulted in the expropriation of their assets.

The Topas allege that they were charged with criminal offences and convicted, prosecutions and convictions that Viorel Topa, speaking exclusively to EU Reporter says "were clearly politically driven as evidenced by the manner in which they were obtained; a manner that would not be upheld or recognized by any system which follows the principles of natural justice".

In speaking out against the raider attacks, the Topas alleged that they involved "significant abuses of the Moldovan court system". The Topas's assets have not been returned and nor have their criminal convictions been overturned – according to Viorel, the persecution of Victor and Viorel and their associates, Vladimir Morari and Razvan Paveliu, has continued.

Speaking to EU Reporter, Viorel was by turns calm and placatory, impassioned and angry.

"We are basically refugees," he said first. "If we had not left Moldova five years ago, we would be in jail and probably not alive today.

"And there are many more people like us. It is a fact that the state agencies, including the public prosecutor's office and judiciary, identify assets then attack you via stealth and initiating false court proceedings. We just woke up one day to find that our assets had been transferred to unknown people – this was followed by us being told that if we kept our mouths shut, then it's OK, probably, if not, you would face penalties. If you then continued, you would be put in prison, and that is the story.

"It is difficult to explain a raider attack to western society – it requires all the state and law enforcement institutions to act in complicity with the perpetrator and the final beneficiary of everything that is taken. For this, you need political influence, dominant political influence, because you have to appoint judges and the Prosecutor General. And this is how Plahotniuc has  become the richest man in Moldova in just a few years, without investing a cent."

Plahotniuc's rise to the top of Moldovan business was certainly impressive – during 1991-1993 he held the position of specialist at the 'Minor' Center for prevention and rehabilitation of juvenile offenders, affiliated with the Chişinău City Hall. He then held the position of economist at Euro EstHundel Ltd Moldova, then he worked at Voyage Ltd Moldova. In 1995-1998 he founded Angels Moldovan-American Financial Group, which he managed until 2001. From 2001 to 2010 he held the position of commercial manager and afterwards he was the general manager of Petrom Moldova JSC, dealing with oil import and distribution. In 2005, he was appointed as the vice chairman of the Board at Victoriabank commercial bank, one of the leading banks of Moldova and in 2006 he became its chairman, a position held until January 2011. Since then, he has seemingly single-handedly run the political world of Moldova.

So, how notorious do you believe Plahotniuc is from a worldwide perspective? How much is known about the extent of his alleged corruption?

“Corruption is just a general word – it is not just corruption that we are talking about here. When you hijack the state institutions, it is not just corruption. When you capture the state, it is not just corruption. When we say corruption, we usually have in mind bribes for certain facilities, something like this. We are talking about hijacking the state. How well is this known? It is well known to the EU, to the EU Delegation to Moldova.”

So, concerning the political life of Moldova, is the country on the brink of collapse?

“I believe that the state collapsed three or four years ago; when we finally realise that an event has taken place, it means that it happened some time in the past.

“In Moldova, there are not many oligarchs – there is only one person in charge.”

So, exactly who is Vlad Plahotniuc, and what is his role in all of this?

“He came from a former Communist regime, and he used to be a pimp, who entered into the inner family of the Moldovan former president, of the former Communist regime, and slowly he acquired more influence – many people referred to him as the 'grey Cardinal' of the communist regime.”

And how exactly did the corporate raids affect you both?

“We had shareholdings in two banks, the Victoriabank and Banca de Economii, and two insurance companies. On 19 May 2010, our representative came to a shareholders' meeting of the Victoriabank, and saw there a group of young unknown people, who presented themselves as the new owners. This was a great shock, and it was the first wave of the raider attack against us.

“On the same evening, Victor had a telephone conversation, if you can call it that – Plahotniuc spoke to him directly and said 'I have done this, and if you go public with this, you will get reprisals, because I have everything prepared'.

“Two months later, we held a press conference at which we revealed all these details about this robbery, because that is all that it was, just a robbery. Well, after this press conference, two weeks later, Victor received his first summons from the prosecutor, and a week later, I received my first summons. And the charges against us both were completely fabricated and, based on this charge against myself, I was sentenced, in absentia, to ten years imprisonment.

“Thankfully, we succeeded in fleeing Moldova – it was just luck that we managed it. Then, since we have been in Germany, we have suffered a second raider attack in Moldova against our shareholdings, based on completely forged legal documents, signed by people who don't exist, claims for billions, trillions and gazillions, absolutely fake. All the trials were held in secret, with us having absolutely no knowledge of them, we were simply informed that we were no longer the owners of our shareholdings.

“Of course, for a raider attack, secrecy is absolutely crucial.

“For the people in Moldova, for them to speak the truth, means to take a big risk. For officials in the EU, it does not, so why have they not spoken the truth about Moldova for five years? This is the pivotal question of our discussion, how the so-called civilized world has reacted to the situation in Moldova. Has this been tolerance or complicity?”

If, as you say, the EU officials knew about the situation in Moldova, what about the US Embassy in Chișinău? It seemed very reticent recently in referring to Plahotniuc concerning corruption?

“It is not just a question of the US Embassy – most of the embassies in Moldova feel comfortable, and to mention the problem in bureaucratic terms, without mentioning the real problem, and this is precisely what Plahotniuc needs from them.”

What can you tell me about the work of the DA platform?

“The initials stand for Dignity and Truth in Romanian – I know a lot of people who work for the platform, it is a civic platform, and they all rally to effect change in Moldova. They are all very different people – different cultural levels, different social levels. All they have in common is a common problem. They would like to survive as a nation, themselves and their children. There are 25 leaders on this platform – one of them is our former lawyer. I support the DA as a citizen, and as a person, but I am not one of the originators of the platform.”

A former associate of Plahotniuc, Vladimir Filat, has recently been arrested. What do you make of this?

“My personal opinion – I knew Filat for a long time, I thought that he was a good person. In 2013, however, he betrayed everything. But then, apparently, he and Plahotniuc struck an agreement – he handed every key state institution over to Plahotniuc. This I treated as being unpardonable – we haven't communicated since then. Now, he is in jail, what can I say? No one knows precisely what he has been indicted for, what he has been charged with.”. ”

Has anyone ever been able to indict Plahotniuc, bring charges against him?

“If you are just someone in Moldova, even a foreigner, and you represent something, it means that there will be a criminal case against you in somebody's safe. And there is only one person who doesn't have any case against him, and that is Plahotniuc.”

So, given what you know, in your opinion, is Moldova fit to be a member of the family of states of the European Union at present?

“Fit? That I do not know. How can we explain that, although Moldova is purportedly a democratic country, it is so riven with corruption? Some €4 billion of EU funds has been looted by Plahotniuc's governance – he has achieved this via his control of the judiciary, law enforcement, prosecutors and, perhaps most tellingly, the media, of which he controls around 80%. The 'bureaucratic machine' in Moldova does precisely what Plahotniuc wants, and I believe it will be a long time, tragically, before we can be a part of the EU, as long as Plahotniuc is allowed sway. I also want to add that when we set on a pro-European course in Moldova some years ago popular support of this idea was around 80%, unfortunately now it has declined to 30%.”

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