Swiss court acquits ex-MP Martynenko on money laundering charges

Mykola Martynenko
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Photo: rfe
The appellate division of the Federal Criminal Court has acquitted former Ukrainian MP Mykola Martynenko on charges of money laundering. This is stated in the court's press release published today, June 28
Espresso writes about that.
The case has been going on for more than 10 years. In 2013, Swiss law enforcers officially launched an investigation: according to the investigation, the former MP allegedly laundered money in a Swiss bank, where Panamanian offshore company Bradcrest Investments SA opened accounts. According to the Swiss data, the ultimate beneficiary of the firm is Mykola Martynenko, while Pavlo Skalenko allegedly managed these accounts. The said case is directly related to the Ukrainian investigation by NABU detectives and SAP prosecutors. According to the version of Ukrainian investigators, Martynenko organized the seizure of 6.4 million euros at the tender of Energoatom, which was won by the Czech company Skoda JS. 

In 2015, Mykola Martynenko voluntarily resigned his parliamentary mandate to prove his innocence through the court. He also drew attention to the bias of the Ukrainian investigation and denied the charges.

In 2020, a Swiss court of first instance found Mykola Martynenko and Pavel Skalenko guilty, holding that the charge was essentially established.

The decision was appealed.

The Appellate Division of the Federal Criminal Court concluded that it had not been legally proven that there was no legal consideration by the Panamanian offshore company of the commission payments made, nor Martynenko's abuse of procurement procedures, nor any damage caused to the Ukrainian state or to the Czech ŠKODA JS. Accordingly, did not recognize the criminal origin of the funds transferred through Swiss banking relationships.

According to the court's release, the Appellate Chamber came to this conclusion after collecting additional evidence, in particular after questioning key persons related to the predicate (former functionaries of the operator of the Ukrainian nuclear power plant NAEK ENERGOATOM and its subordinate department ATOMCOMPLET, as well as an employee of ŠKODA JS who signed the contract). The court also found that there was no evidence of any relevant damage caused to NAEK ENERGOATOM or ŠKODA JS Ltd. As a consequence, the facts of money laundering in Ukraine and the Czech Republic were not legally proven, so the court issued an acquittal verdict for both defendants.

"The parties have the right to appeal against the decision of the Appeals Chamber, which is not yet final, to file a criminal appeal with the Federal Supreme Court after receiving a full written statement of reasons. The presumption of innocence still applies to the accused", the court said in a press release.

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