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LITIGATION WATCH

 

Rudersdal EOOD, et.al. v. Harris,et.al., Case Nos. 1:18-cv-11072, 19-cv-017620-GHW-RWL- pending before the United State District Court New York, New York (SDNY)

 

Bulgarian Attorney Files a Case in the US after failure of EU Authorities to investigate Bulgaria for breach of international law against money laundering, corruption, financial frauds and sanctions by the international community.

What launched Attorney Tomov on a long journey in search of justice eventually lead to the filing of a case in the United States District Court and State court in New York?

Attorney Tomov was appointed Special Bulgarian Counsel to the U.S. Trustee for the US company Ayr Logistics Limited, Inc. of Texas, USA (Ayr) in United States Bankruptcy Court for the Northern District of Texas, Dallas.In this capacity he unearthed a theft mechanism of Ayrís money held at Corporate Commercial Bank AD (CCB) in Sofia, Bulgaria, in an amount of BGN 102,966,946, approximately $65 million.

The RICO Case

In a nutshell, this is what has been discovered:

Ayrís asset held in CCB was the largest depository account in Bulgaria at the time.On June 20, 2014, CCB fell under the control of Bulgariaís central bank, Bulgarian National Bank (BNB).On or after December 1, 2014, CCB, through the BNB appointed conservators closed the Ayrs deposit banks accounts.

 

The reason for the taking of the funds has a few layers.The mechanism used for the taking was to payoff without authority existing CCB loans for 5 companies. Those five companies are particularly related to both the Bulgarian tobacco monopolyBulgartabac Holding, AD (BTH) and to the national telecommunications company Vivacom, AD. Bulgartabac Holding consolidates 22 companies manufacturing and trading on the BT brand of cigarettes. Vivacom, AD, also known as the Vivacom Group, consolidates Balgarski Poshti, AD (the Bulgarian Posts), NURTS Bulgaria, AD and Technology Center Ė Institute of Microelectronics, all of which operate in the field of telecommunications, radio and television broadcasting, hence they exercise control over civil, commercial, diplomatic, military and special-purpose flights.

 

These businesses coincide with the economic and geopolitical interests of the Russian Foreign Trade Bank Ė a.k.a. VTB, which used its almost 10% interest in CCB to its own advantage to lay a hand on Bulgartabac Holding AD and Vivacom Group by way of a complex lending scheme involving amounts exceeding USD 300 million. In the aftermath of the attack and the subsequent bank run on CCB in May and June, 2014, VTB had to act quickly in order to keep both of its acquisitions out of harmís way and avoid the risk of them being dragged down into the plotted involuntary bankruptcy of CCB. In the meantime VTB had another problem that needed to be solved quickly, because at that time and in response to the Crimea crisis international sanctions were imposed on the Russian company Gazpromís South Stream gas pipeline project. Some of the companies that also had interests in the gas pipeline project were certain Bulgarian companies, which then had outstanding loans owed to CCB. The task to find a solution was assigned to the Bulgarian Member of Parliament Delyan Peeveki of the influential Bulgarian political party Movement for Rights and Freedoms (MRF or DPS).

 

Delyan Peeveki used his influence on the Bulgarian institutions such as BNB, the Bulgarian Prosecutorís Office and Investigation Service, the Bulgarian Court, the government itself (one example of which was Petar Chobanov, the then acting Finance Minister appointed to the Plamen Oresharski Cabinet after being nominated for the post by the MRF).Delyan Peevski capitalized on his influence capabilities and came up with a devious plan, the ultimate result of which was, that Ayrís funds amounting to BGN 102,966,946 were stolen from Ayrís accounts with CCB and were used to discharge the debts owed by certain companies under his control and related to Bulgartabac, Vivacom Group and South Stream. These companies are: Tabac Market, AD (handling the distribution chain for the BT cigarettes); Droslian Bulgaria, EOOD (which together with Peevski controls 67 % of Yurii Gagarin, AD Ė the company manufacturing cigarette filters and tubes for the BT cigarettes); Cibole Services Incorporated Bulgaria, EOOD (owner of the privatized company Technoexportstroy, AD); Vili Vist, EAD (owner of the privatized company Burgas Story, AD); and Promishleno Stroitelstvo Holding, AD (the backbone of the Bulgarian interest in the South Stream Pipeline).

 

The actions taken, seeking to have the money restored, by the US Trustee for Ayr and his Special Counsel for EU, Bulgaria and UAE Attorney Zahari Tomov were met with hostility.When Tomov rejected the conspiratorsí offer to join the conspiracy and hush up the case in return for a certain sum of money, Attorney Tomov received a warning and threat and low and behold before long it came true Ė the Bulgarian tax authorities tried to pressure him by alleging that he was concealing income, despite the fact that he had yet to earn that income however. The authorities tried to charge him with tax evasion but that necessarily eventually failed because the charges we fabricated.

 

These activities of the conspirators are not only in breach of several US laws, such as: the RICO, FCPA, FATCA, but of the sanctions imposed by USA, EU and UN on Syria, Iran, ISIS and Russia, as well. Therefore, it is only fair that the defendants, having been hauled into the Courts of New York by way of the RICO and related claims filed by Ayr Trustee, to stand trial by a jury.

 

The Bulgarian court found no jurisdiction or damages in Bulgaria and refused to take actions against the defendants. Amazingly, the European Commission refused to investigate Bulgaria for breach of international law against money laundering, corruption, financial frauds and of the sanctions imposed by the international community. To put it otherwise, a trial under the RICO and the related claims, where the constitutional requirements for a due process and fair play would be met, is only possible in the USA.

 

As any lawsuit in the USA, the trial will cost much Ė there will be fees to pay for hiring experts and lawyers, there will be travel costs and other expenses Ė way too much for Attorney Tomov to cover on his own. It is for this reason that Attorney Tomov has created the Bulgarian Project platform and relies on your donations in support of the fight in court against the defendants with considerable financial recourses. Each dollar counts for the success in this fight.

 

Your support will be highly appreciated! Thank you!

 

Zahari Tomov, Attorney at Law

 

 

 

 

 

 

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