|
THE TNK DEFENDANTS
1. OAO Tyumen Oil Company (“TNK”)
TNK is a company organized under the laws of the Russian Federation and does business in the United States. Defendant Simon Kukes (“Kukes”) is a citizen of the United States and is the president of TNK. Defendant Joseph Bakaleynik (“Bakaleynik”) is a citizen of the United States and the First Vice President of TNK. Defendant Blavatnik, a citizen of the United States, is member of the board of directors of TNK. Defendant Vekselberg, a permanent resident of the United States, is Deputy Chairman of the Management Board and Director for Strategic Planning and Corporate Development. Alan Bigman, a citizen of the United States, is the Director of Corporate Finance.
Defendants Access and Renova, both of which are incorporated in the State of New York and which maintain principal places of business in New York City own approximately 50% of TNK and exercise control over TNK.
The Predicate Acts
TNK, through its officers and directors, including Blavatnick, Bakaleynick, Bigman, Kukos, and Vekselberg, and, upon information and belief, other agents, committed specific predicate acts of racketeering in furtherance of the Illegal Scheme. These included:
· - Mail and Wire Fraud: TNK, by and through its officers and directors was managed, directed, and controlled and managed, directed, and controlled other companies, through the use of mail and wires, including telephone calls made from the United States to Russia and other places, to bribe Russian government officials in order to effect the Illegal Scheme;
· - Wire Fraud: TNK, by and through its officers and directors, managed, directed, and controlled the “Slush Fund Companies,” such as Eastmount, LT and Sandwell, which wired funds through banks in the United States in order to bribe Russian government officials as part of the Illegal Scheme;
· - Money Laundering: TNK, by and through its officers and directors, managed, directed, and controlled the sale of petroleum from Chernogorneft, NNG, Kondpetroleum, and Yugraneft in furtherance of specified unlawful activity (i.e. bribery, extortion, mail and wire fraud, illegal transactions in monetary instruments, and Travel Act violations);
· - Illegal Transactions in Monetary Instruments: TNK, by and through its officers and directors, managed, directed, and controlled of the wiring of proceeds constituting “criminally derived property” from the sale of oil of NNG, Kondpetroleum, Chernogorneft, and Yugraneft through banks in the United States;
· - Travel Act Violations: TNK, by and through its officers and directors, traveled from the United States to Cyprus, England, and Russia and back in aid of the racketeering of the Illegal Scheme.
· - Bribery: Upon information and belief TNK, by and through its officers and directors, facilitated, controlled, directed and intentionally aided the bribery of Russian government officials in order to effect the Illegal Scheme in violation of N.Y.C.L.S. Penal §20 and §180.03;
Violation of 1961(a)
TNK, through a pattern of racketeering, received income as a result of the Corrupt NNG Takeover and Bankruptcy, the Corrupt Kondpetroleum Bankruptcy, the Corrupt Chernogorneft Bankruptcy, and the Massive Tax Fraud which was effected through bribery, mail and wire fraud, economic extortion, money laundering, illegal transactions in monetary instruments, and violations of the Travel Act. Such income included the shares of Yugraneft obtained through the Corrupt Chernogorneft Bankruptcy and proceeds from these illegal schemes.
A part of such income or its proceeds, and specifically including the shares of Yugraneft, were used, directly or indirectly, to acquire an interest in Yugraneft and to operate Yugraneft through the Illegal Takeover.
Violation of 1961(b)
TNK, through a pattern of racketeering which included bribery, extortion, mail and wire fraud, money laundering, illegal transactions in monetary instruments, and violations of the Travel Act acquired and maintained, directly or indirectly, an interest and control of Yugraneft.
Violation of 1961(c)
TNK, through its above officers and directors, conducted and participated in the conduct of the Access/Alfa/Astons Enterprise (association in fact) the Crown Enterprise, the NNG Enterprise, the Kondpetroleum Enterprise and the Chernogorneft Enterprise through a pattern of racketeering activity including bribery, mail and wire fraud, money laundering, illegal transactions in monetary instruments, and violations of the Travel Act in regard to the Corrupt 1997 TNK Privatization, the Corrupt 1999 TNK Privatization, the Corrupt NNG Takeover and Bankruptcy, the Corrupt Kondpetroleum Bankruptcy, the Corrupt Chernogorneft Bankruptcy, the Massive Tax Fraud and the Illegal Takeover.
Violation of 1961(d)
TNK, through its above officers and directors, conspired with other defendants to undertake and consummate the Illegal Scheme.
2. Simon Kukes (“Kukes”)
Kukes is a citizen of the United States and is the President and Chief Executive Officer of TNK.
The Predicate Acts
Kukes committed specific predicate acts of racketeering in furtherance of the Illegal Scheme. These included:
· - Mail and Wire Fraud: Kukes managed, directed, and controlled various other companies, through the use of mail and wires, including telephone calls made from the United States to Russia and other places, to bribe Russian government officials in order to effect the Illegal Scheme;
· - Wire Fraud: Kukes managed, directed, and controlled the “Slush Fund Companies,” such as Eastmount, LT and Sandwell, which wired funds through banks in the United States in order to bribe Russian government officials as part of the Illegal Scheme;
· - Money Laundering: Kukes managed, directed, and controlled the sale of petroleum from Chernogorneft, NNG, Kondpetroleum, and Yugraneft in furtherance of specified unlawful activity (i.e. bribery, extortion, mail and wire fraud, illegal transactions in monetary instruments, and Travel Act violations);
· - Illegal Transactions in Monetary Instruments: Kukes managed, directed, and controlled of the wiring of proceeds constituting “criminally derived property” from the sale of oil of NNG, Kondpetroleum, Chernogorneft, and Yugraneft through banks in the United States;
· - Travel Act Violations: Kukes traveled from the United States to England and Russia and back in aid of the racketeering of the Illegal Scheme.
· - Bribery: Upon information and belief, Kukes facilitated, controlled, directed and intentionally aided the bribery of Russian government officials in order to effect the Illegal Scheme in violation of N.Y.C.L.S. Penal §20 and §180.03;
Violation of 1961(b)
Kukes, through a pattern of racketeering which included bribery, extortion, mail and wire fraud, money laundering, illegal transactions in monetary instruments, and violations of the Travel Act acquired and maintained, directly or indirectly, an interest and control of Yugraneft.
Violation of 1961(c)
Kukes, conducted and participated in the conduct of the Access/Alfa/Astons Enterprise (association in fact), the TNK Enterprise, the NNG, the Kondepetroleum Enterprise, the Chernogorneft Enterprise and the Yugraneft Enterprise through a pattern of racketeering activity including bribery, mail and wire fraud, money laundering, illegal transactions in monetary instruments, and violations of the Travel Act in regard to the Corrupt 1999 TNK Privatization, the Corrupt NNG Takeover and Bankruptcy, the Corrupt Kondpetroleum Bankruptcy, the Corrupt Chernogorneft Bankruptcy, the Massive Tax Fraud and the Illegal Takeover of Yugraneft.
Violation of 1961(d)
Kukes conspired with other defendants to undertake and consummate the Illegal Scheme.
3. Joseph Bakaleynik (“Bakaleynik”)
Bakaleynik is a citizen of the United States and is the First Vice President and Chief Financial Officer of TNK.
The Predicate Acts
Bakaleynik committed specific predicate acts of racketeering in furtherance of the Illegal Scheme. These included:
· - Mail and Wire Fraud: Bakaleynik managed, directed, and controlled various other companies, through the use of mail and wires, including telephone calls made from the United States to Russia and other places, in order to bribe Russian government officials to effect the Illegal Scheme;
· - Wire Fraud: Bakaleynik managed, directed, and controlled the “Slush Fund Companies,” such as Eastmount, LT and Sandwell, which wired funds through banks in the United States in order to bribe Russian government officials as part of the Illegal Scheme;
· - Money Laundering: Bakaleynik managed, directed, and controlled the sale of petroleum from Chernogorneft, NNG, Kondpetroleum, and Yugraneft in furtherance of specified unlawful activity (i.e. bribery, extortion, mail and wire fraud, illegal transactions in monetary instruments, and Travel Act violations);
· - Illegal Transactions in Monetary Instruments: Bakaleynik managed, directed, and controlled of the wiring of proceeds constituting “criminally derived property” from the sale of oil of NNG, Kondpetroleum, Chernogorneft, and Yugraneft through banks in the United States;
· - Travel Act Violations: Bakaleynik traveled from the United States to England and Russia and back in aid of the racketeering of the Illegal Scheme.
· - Bribery: Upon information and belief, Bakaleynik facilitated, controlled, directed and intentionally aided the bribery of Russian government officials in order to effect the Illegal Scheme in violation of N.Y.C.L.S. Penal §20 and §180.03;
Violation of 1961(b)
Bakaleynik, through a pattern of racketeering which included bribery, extortion, mail and wire fraud, money laundering, illegal transactions in monetary instruments, and violations of the Travel Act acquired and maintained, directly or indirectly, an interest and control of Yugraneft.
Violation of 1961(c)
Bakaleynik, conducted and participated in the conduct of the Access/Alfa/Astons Enterprise (association in fact), the TNK Enterprise, the NNG Enterprise, the Kondpetroleum Enterprise, Chernogorneft Enterprise and Yugraneft Enterprise through a pattern of racketeering activity including bribery, mail and wire fraud, money laundering, illegal transactions in monetary instruments, and violations of the Travel Act in regard to the Corrupt 1997 TNK Privatization, the Corrupt 1999 TNK Privatization, the Corrupt NNG Takeover and Bankruptcy, the Corrupt Kondpetroleum Bankruptcy, the Corrupt Chernogorneft Bankruptcy, the Massive Tax Fraud and the Illegal Takeover of Yugraneft.
Violation of 1961(d)
Bakaleynik conspired with other defendants, and with others, to undertake and consummate the Illegal Scheme.
|
