28 july 2020

Cases of Theft in Particularly Large Amounts of Money by Means of Embezzlement, Official Forgery by Person Holding Leading Office in Judicial Department Detected

Cases of Theft in Particularly Large Amounts of Money by Means of Embezzlement, Official Forgery by Person Holding Leading Office in Judicial Department Detected

As a result of large-scale operative-search complex measures, investigative and other procedural actions conducted in the RA National Security Service, a body of sufficient evidence was obtained that the official being the head of the staff of the RA Court of Bankruptcy created as part of the Department in order to ensure the normal operation of the courts (hereinafter -the Court) on the grounds of Article 163, Part 1 of the Constitution of the Republic of Armenia and Article 2 of the Constitutional Law "Judicial Code of the Republic of Armenia", within the framework of his powers, at the residence of the Court of Bankruptcy, during 2018-2020, with a single intent, proceeding from mercenary motives, abusing his official position, registered a number of citizens on different positions in the staff of the  RA Court of Bankruptcy, being firmly aware of the circumstance of their non-attendance at work and non-performance of labor duties, drew up, approved, signed by his signature “time cards” with fake content that are an official document granting the right, certifying facts of legal significance in which false information was entered about the attendance of work by 5 citizens and the actual hours worked. Then, having introduced false documents into circulation, he submitted them for payment, as a result of which particularly large amount of 9,340,946 AMD was unjustifiably written out from the state budget as salary in return for unworked days, the theft of which he committed by embezzlement using his official position.

In connection with the incident a criminal case was initiated in the Investigation Department of the RA NSS on the grounds of Article 179, Part 3, Clause 1 and Article 314, Part 1 of the RA Criminal Code; preliminary investigation is being conducted.

After preliminary notification of the Supreme Judicial Council in the criminal case, investigative actions were carried out both in the administrative building of the RA Court of Bankruptcy and at the place of actual residence of the head of the Staff of the RA Bankruptcy Court, during which salary payment cards registered in the names of different persons, money in foreign currency, documents containing records of the provision of amounts in foreign currency, as well as other materials of evidentiary value for the criminal case were found and confiscated.

On July, 2020, based on the direct suspicion of committing a crime, the chief of Staff of the RA Court of Bankruptcy was brought in to the Investigation Department who was interrogated in a procedural status of suspect, and made confessions fully compensating the damage caused to the state.

Complex measures are being taken in the direction of detecting all the circumstances of the case, detecting the full circle of persons involved in the apparent crime, giving an adequate criminal-legal assessment to the act and, as a result, effectively implementing the problems envisaged by Article 2 of the RA Criminal Procedure Code.

The NSS informs that the modus operandi of detecting corruption manifestations in various spheres of public administrations, their complete eradication will be continuous and the Service will show an uncompromising approach, especially to cases of theft of public funds, and urges to show law-abiding behavior.

Note: The suspect or accused of an alleged crime is considered innocent as long as his guilt is not proven in a manner prescribed by the Code of Criminal Procedure of RA - by the court decision entered into legal force.