On the basis of a combination of sufficient evidence obtained during the preliminary investigation of the criminal case investigated in the RA Special Investigation Service former RA President Serzh Sargsyan was charged with committing a publicly dangerous act envisaged in Article 38-179 (part 3, point 1) of the RA Criminal Code, particularly, for holding the office of President of the Republic of Armenia from April 9, 2008 to April 9, 2018, he used his official position to organize theft of state money in the especially large amount of 489.160.310 AMD in the form of embezzlement by a group of officials in the period from January 25, 2013 until February 7, 2013.
According to the charge by the decision of January 24, 2013, the Government of the Republic of Armenia approved the State Assistance Program for the purchase of diesel fuel at affordable prices for agricultural works in spring 2013, within the framework of which 17.041.300 liters of diesel fuel was sold to land users on the basis of applications submitted by organizations within the Ministry of Agriculture of the Republic of Armenia and RA marz municipalities. A number of companies, including Maxhur and Flash Limited Liability companies have expressed their willingness to supply within the project.
As a result of discussions with the representative of Maxhur LLC., which presented the lowest price offer, the officials of the Ministry of Agriculture of the Republic of Armenia decided to submit the data of the listed company as a supplier to the RA Government for approval.
Being aware of the availability of a cheaper diesel fuel supplier within the framework of the program Serzh Sargsyan realized that in the terms of availability of beneficial prices offered by other companies compared with the Flash Limited Liability Company, signing a diesel fuel subsidy contract with the latter will result in withdrawal of unreasonably large amounts of money. Ignoring this circumstance, he used his official position for personal profit to be obtained as a result of transaction with Flash Limited Liability Company to organize with the assistance of a group of officials under his authority, theft in the form of embezzlement of especially large amount in the reserve fund entrusted to the Government of the Republic of Armenia in particular, instructed officials to conclude supply contract with Flash Limited Liability Company regardless of the low-cost bids received.
As a result, according to the decision of the Government of the Republic of Armenia dated February 7, 2013, the Ministry of Agriculture was provided AMD 1,789.336,500 for supply of 17.041.300 liters of diesel fuel from the reserve fund of the Government, which was then on February 21, 2013transferred to Flash Limited Liability Company bank account on the basis of the relevant contract signed by and between the Ministry of Agriculture and Flash Limited Liability Company on February 14, 2013.
Later, the amount of fuel required by the decision of the Government of the Republic of Armenia was supplemented to 17.343.530 liters, and the amount provided to AMD 1.821.070.650, in connection with which the Ministry of Agriculture of the Republic of Armenia and Flash Limited Liability Company signed a contract on March 19, 2013, according to which another 31,734,150 AMD was transferred to the above mentioned company.
As a result, 12,088,334 liters of diesel fuel was sold during the period from February 14 to June 28, 2013, in the frames of the implementation of the program, and the subsidy amount was AMD 1,269,275,070. Whereas in case of supplying the same amount of diesel fuel at the price offered by “Maxhur” Limited Liability Company, which had the real opportunities for supply, the subsidy amount would have been AMD 846.183.380 only, that is to say, the amount paid in excess of 423.091.690 AMD was actually embezzled.
551.795.580 AMD allocated for the unused of 5.255.196 liters diesel fuel by the decision of the Government of the Republic of Armenia of August 29, 2013, was left to Flash Limited Liability Company for the implementation of state support program on providing diesel fuel to RA land users at affordable prices for the fall of 2013. On the basis of the abovementioned decision of the Government of the Republic of Armenia, on September 12, 2013, the Ministry of Agriculture of the Republic of Armenia and “Flash” LLC signed a “Subsidy Agreement”, according to which the subsidy of 551.795.580 AMD was reformulated for 6.131.062 liters of diesel fuel.
As a result, during the implementation of the project from September 12 to November 23, 2013, 3,303,431 liters of diesel fuel was sold the subsidy amount for which was AMD 297.308,790. However, in case of supplying the same amount at the price offered by “Maxhur” LLC with real opportunities for supply, the subsidy amount would be only AMD 231,240,170, that is to say, AMD 66,068,620 out of the subsidy was actually embezzled.
Thus, during the implementation of the above-mentioned program a total of 489.160.310 AMD was stolen by means of embezzlement by a group of officials with the organization of the former RA President Serzh Sargsyan.
Recognizance not to leave was selected as a measure of restriction with regard to Serzh Sargsyan.
Preliminary investigation on the criminal case is underway.
Notification: a person that is suspected or accused of an alleged crime, is considered innocent until his/her guilt is proved by a court judgement that has come into legal effect pursuant to the procedure determined by RA Criminal Procedure Code