Bidzina Ivanishvili will be financial guarantee for Kibar Khalvashi and Davit Dvali

Published in Politics
Tuesday, 07 June 2016 14:57

The Former Prime Minister Bidzina Ivanishvili will be financial guarantee for Kibar Khalvashi and Davit Dvali in case of end of Rustavi2 case for they not to touch Nika Gvaramia and the management of the television. This statement was made by Ivanishvili at the meeting with the journalists today.
“My personal attitude is the court not to be completed. The Court of Appeal has not been completed yet. The Supreme Court is after the Appeal Court. I don’t know what is going on but I can see that the case is continuing in the bad way for you. I will take advantage of today's broadcast: I would be the financial guarantee for Dvali, or Khalvashi or for both of them and I would ask them to pay for them. If the court will end earlier and in their favor, I would ask them not to touch Gvaramia and the Management. Ask me anything for it,”-Ivanishvili said.

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  • Public Defender’s Statement on Nika Gvaramia Case

    On May 11, 2022, the final hearing was held in connection with the case of Nika Gvaramia, former Director General of Rustavi 2 Broadcasting TV Company Ltd. We would like to remind the public that on November 4, 2019, the Public Defender filed an amicus curiae brief with Tbilisi City Court relating to one of the episodes of the mentioned case. The document is based on key issues identified as a result of studying the case materials and reviews correlation between corporate-legal and criminal liabilities.

    In the amicus curiae brief, the Public Defender indicates that the decision made by the manager of the enterprise (changing the terms of the contract, determining the amount of income), which was agreed with the owner of the enterprise, is considered a crime in the given case. According to the indictment, the director could have brought more income to the company but he did not do so, which is a crime.

    The amicus curiae brief reviews the practices of the courts of the USA, UK, continental European countries and Georgia, according to which, such an entrepreneurial decision may not lead even to corporate liability, not to mention criminal liability. The decision made by the director might be to make less profit, but it might serve the best interests of the corporation and aim to insure against short-term or long-term risks.

    In this case, corporate-legal liability should be ruled out, as the decision made by the director was not: (1) an action that was not agreed with partners (use of dominant position), (2) aimed at personal enrichment through fraud, and (3) risk analysis reasonably indicates that the move was in the best interests of the corporation. Moreover, criminal liability should also be ruled out, as the director has not committed a criminal action in order to make a profit. Clearly, changing the terms of the contract for the basic needs of the corporation does not constitute a crime.

    Thus, the managerial decision made during the management of the enterprise cannot be evaluated without taking into account the specifics of the legal status of the director. The Public Defender hopes that this document will help the court fairly assess the case circumstances and make the right decision, taking into account the international experience and practice regarding the elements of director's responsibilities.

  • U.S. Embassy Statement on the Ruling in the Cases of Gvaramia, Iashvili, and Damenia

    Today’s ruling, in the cases of Gvaramia, Iashvili, and Damenia, calls into question Georgia’s commitment to rule of law, and further demonstrates the fundamental importance of having an independent, impartial judiciary in Georgia. From its inception, this case has raised questions, including about the timing and the charges. The disturbing pattern of selective investigations and prosecutions targeting those in opposition to the current government undermines the public’s confidence in the police, prosecution, the courts, and the government itself. Particularly at this time, when Georgia has an unprecedented opportunity to advance its Euro-Atlantic integration, even the perception of politicized prosecution is detrimental. It is the United States’ firm position that a healthy democracy depends on ensuring judicial independence and protecting media freedom. That is why we have repeatedly called for the government to undertake comprehensive reforms to advance these fundamental democratic principles.

    By 

     

  • STATEMENT OF THE PROSECUTION SERVICE

    According to the administration of the Prosecution Service of Georgia, Tbilisi City Court found Nika Gvaramia, former Director General of Rustavi 2 Broadcasting Company LTD, guilty of causing the company a damage of GEL 6,763,509. 

    In this part, Tbilisi City Court upheld the evidence submitted by the Prosecution but did not agree with the latter’s assessment of the legal classification of the crime. As a result, the act committed by the defendant was classified as abuse of power in a commercial organization – Article 220 instead of Article 182 of the Criminal Code of Georgia. Nika Gvaramia was sentenced to a fine of GEL 50,000 in this episode. 
    Moreover, Nika Gvaramia was found guilty of abuse of power in a commercial organization under Article 220 of the Criminal Code of Georgia and he was subsequently sentenced to imprisonment for a term of three years and six months. The Court acquitted Nika Gvaramia of all the other charges brought.
    In the same manner, Kakhaber Damenia, former Financial Director of Rustavi 2 Broadcasting Company LTD was found guilty of causing the company a damage of GEL 6,763,509. In this case as well, Tbilisi City Court fully upheld the evidence submitted by the Prosecution but did not agree with the latter’s assessment of the legal classification of the crime. As a result, the act committed by the defendant was classified as abuse of power in a commercial organization – Article 220 instead of Article 182 of the Criminal Code of Georgia. Kakhaber Damenia was sentenced to a fine of GEL 50,000.
    As regards to Zurab Iashvili, Tbilisi City Court fully acquitted him of the charges brought on him. 
    We would like to remind the public that Nika Gvaramia had been charged with embezzlement of the property right of Rustavi 2 Broadcasting Company LTD in large amount, commercial bribery, making and using a forged official document, money laundering and abuse of power in a commercial organization. 
    Kakhaber Damenia had been charged with embezzlement of the property right of Rustavi 2 Broadcasting Company LTD in large amount.
    Zurab Iashvili had been charged with commercial bribery and making and using a forged official document. 
    According to the charge brought, on January 16, 2015, Nika Gvaramia concluded an agreement with Inter Media Plus LTD on behalf of Rustavi 2 Broadcasting Company LTD. Pursuant to the agreement, Rustavi 2 Broadcasting Company LTD conceded its right to display commercial advertisements on its channels to Inter Media Plus LTD. 
    From January through August 2015, Nika Gvaramia claimed 90-95% of the total income received as a result of selling advertising time of the company from Inter Media Plus LTD, whereas he left the remaining funds with the latter in return for the provision of service. 
    After Kibar Khalvashi started a court dispute on August 5, 2015 to return the shares of Rustavi 2 Broadcasting Company LTD, Nika Gvaramia and Kakhaber Damenia, acting against Rustavi 2 Broadcasting Company LTD and clearly neglecting its interests, started claiming only the funds necessary for the existence of the TV company every month from Inter Media Plus LTD.
    The total revenue to be received by Inter Media Plus LTD in 2015 from selling the advertising time of Rustavi 2 Broadcasting Company LTD added up to GEL 48,014,847, out of which the company only paid GEL 36,467 000 to Rustavi 2 Broadcasting Company LTD. This was less by GEL 6,763,509 compared to the funds received for the same service in 2014. As a consequence, in the second half of 2015, N. Gvaramia and K. Damenia embezzled the right to claim GEL 6,763,509 from Inter Media Plus LTD. 
    Nika Gvaramia, with the help of Zurab Iashvili, Director of Inter Media Plus LTD, received benefits in the form of real estate from the company in return for the embezzlement of an especially large amount of property right – worth GEL 6,763,509 – for the benefit of Inter Media Plus LTD, which belonged to Rustavi 2 Broadcasting Company LTD. In particular, Gvaramia received two apartments located on Mukhadze Street, Tbilisi with the total area of 238.74 square meters. 
    After Nika Gvaramia illegally received real estate from Inter Media Plus LTD, he intended to render the criminally-obtained property legal. As a result, several months after the real estate was registered under his name, he sold both apartments to different people in July and September 2017. In this way, he received income of especially large amount – GEL 602,521.8. 
    Apart from the above-mentioned, in February 2019, N. Gvaramia made an offer to the management of Tegeta Premium Vehicles (Porsche Center) against the lawful interest of Rustavi 2 Broadcasting Company LTD – he would buy an expensive vehicle from them in return for displaying commercial advertisements about their company on Rustavi 2, which he would do through the advertising agency associated with him – Proesco Media LTD. 
    As agreed, on February 27, 2019, a purchase agreement on Porsche Macan S worth EUR 76,700 was concluded between Tegeta Premium Vehicles LTD and Proesco Media LTD. Based on the agreement, the vehicle was transferred under the factual ownership of Nika Gvaramia and his family, while Proesco Media LTD became the formal owner of the car.
    Although Tegeta Premium Vehicles met the requirements of the agreement in good faith and fully paid the advertising price set by the agreement to Proesco Media LTD, under Nika Gvaaramia’s instruction, the latter significantly reduced the amounts to be paid to Rustavi 2, which caused the TV company considerable damage. 
    Between April and July 2019, the TV company suffered a financial loss of large amount, while Nika Gvaramia and his family gained factual ownership of Porsche Macan S, which cost GEL 232,201. 
    The Prosecution will appeal today’s court decision before the appellate court within the term established by the law. 

  • Judge sentenced Nika Gvaramia to 3 years and 6 months in prison

    The judge has sentenced Nika Gvaramia to 3 years and 6 months of imprisonment and ordered him to be held in custody in the courtroom.

    Judge of Tbilisi City Court Lasha Chkhikvadze announced the decision a few minutes ago.

    The prosecution accuses Niki Gvaramia of "abuse of power against the legitimate interests of the TV company and misuse of a large amount of its assets." Along with him are two more accused - Kakha Damenia and Zurab Iashvili.

    Source: https://mtavari.tv/en/news/85421-judge-sentenced-nika-gvaramia-3-years-and-6

  • DETAILS RELEASED OF GEORGIAN GOVERNMENT’S CAMPAIGN TO STRANGLE ANAKLIA PORT PROJECT

    Ruling Georgian Dream Party Reversed its Support for Vital Project,

    Wiping Out Economic Benefits for Georgia

    TBILISI, GEORGIA, 9 September, 2020 – The Anaklia Development Consortium (ADC), the company originally selected by the Government of Georgia to develop the strategic Anaklia Port Project, today shared additional details of the Government’s campaign, directed by the ruling Georgian Dream party, to undermine the project by dissuading potential project investors, lenders, contractors and suppliers from joining the project in order to kill it.

    The following statement is issued on behalf of the ADC Supervisory Board:

    All infrastructure projects of such scale require government support; namely the encouragement of lenders and investors, the assistance in permitting, regulatory approvals and a favorable tax regime, and providing any ancillary support; in this instance, the provision of land and the construction of road and rail infrastructure.  For a government to actually oppose an infrastructure project that it had itself approved is highly unusual in the global economy. 

    “The Georgian Government’s campaign to strangle ADC’s ability to develop the Anaklia Port Project represents a self-inflicted wound for itself and considerable injury to Georgia’s economy and its role in the region.

    “Taken together, the Georgian Government's specific actions are part of a deliberate and well-orchestrated campaign to destroy a project which the Government itself originally sponsored and endorsed, but subsequently chose to destroy as a result of what appear to be the political and economic self-interests of the Georgian Dream Party and its principals.

    “The Government manufactured all sorts of excuses for not wanting to see various investors, lenders and partners involved in the project, but the Government really only had one purpose:  to choke the project to death by scaring away everybody who might have an interest in supporting it.

    “Also, is it beyond coincidence that government ministers – including two Prime Ministers -- who voiced support for the project or otherwise expressed concern about the growing controversy with the project were tendering their resignations shortly after such comments were made?  

    “The damage to Georgia caused by the Government goes well beyond the potential loss of the Anaklia Port and the associated Special Economic Zone.  The conduct of the Government is scaring away investors at a time when Georgia cannot afford to lose any more foreign investment.  According to the National Statistics Office of Georgia, the amount of foreign direct investment in Georgia has fallen from nearly US$  2 billion in 2017 to just over US$ 1.3 billion in 2019, and in the first quarter of 2020, stood at only US$ 171.8 million[1] - a catastrophic decrease even before the Covid crisis began to take effect.  As Retired U.S. Lt. Gen. Ben Hodges of the Center for European Policy Analysis said, ‘the government only has itself to blame.’[2]

    Some examples of the Government’s efforts to strangle ADC and the Anaklia Port Project include:

    November, 2017

    • Georgian Dream party leader Bidzina Ivanishvili requested to meet with ADC to discuss the Anaklia Port Project and asserted that the expansion of Poti Port could achieve the same objectives of the Anaklia Port at a far lower cost. 

    June 2018

    • During a June 12 meeting of the Georgian Dream party, attended by more than 100 party officials, Party Leader Bidzina Ivanishvili personally blamed Prime Minister Giorgi Kvirikashvili for his actions in support of the Anaklia project and for having close ties to ADC investor Mamuka Khazaradze.  Mr. Kvirikashvili resigned the day after that meeting.

    October 2018

    • In February 2019 ADC learned that during an October 2018 meeting with senior U.S. State Department officials in Tbilisi, Mr. Giorgi Gakharia  (then Minister of Interior) advised the U.S. officials that the Anaklia Port project was not in Georgia’s interests.

    January 2019

    • SSA Marine, which was selected as the Anaklia Port operator and was a potential investor, alerted ADC of its concerns about what seemed to be the Government’s support of an expansion of the Poti Port.  (Following detailed studies sponsored by the Government back in 2013-14, it had been determined that Poti Port could never meet Georgia’s needs for a Deepwater Port, which is why the government itself selected Anaklia for development at that time.  The Government’s subsequent expressions of support for expansion at Poti was a clear signal to the lending and investment community that the Government was no longer supportive of Anaklia.)

    February 2019

    • A sovereign European development bank advised ADC that it had decided against supporting the project because of the negative actions of the Georgian Government, and the possible shift of support to the Poti Port.

    February 2019

    • Another sovereign European development bank advised ADC that it was withdrawing its support because one of its counterparts had just done so (above) due to the state’s apparent shift of support from Anaklia to Poti.

    March 2019

    • It has been reported that Infrastructure Minister Maya Tskitishvili, in ministerial hearings before Parliament, undermined SSA Marine as a potential investor and as the port operator, claiming the company lacked experience and financial capacity.  These assertions were not true. In the process of her speech, the minister also breached legal obligations of confidentiality that were associated with the investment agreement.

    April 2019

    • SSA Marine advised ADC that it was suspending its activities related to the Anaklia Port project.

    April 2019

    • Mr. Giorgi Kobulia, Minister of Economy and Sustainable Development, told “Forbes Week” that the negative public discussions and media reports of the Anaklia project were having a negative impact on the business climate within Georgia.  He subsequently resigned within days of the interview.

    May 2019

    • A major U.S. private equity firm which was in advanced negotiations with ADC to join the project revealed to ADC that Government officials warned the firm to stay away from the project.

    June 2019

    • Prime Minister Mamuka Bakhtadze, in a trade visit to the U.S., met separately with SSA Marine, the leadership of the U.S. private equity firm that were interested in investing in the project, and with U.S. Secretary of State Mike Pompeo in Washington, D.C.  Secretary Pompeo expressed support for the Anaklia project with the prime minister standing next to him, saying it would “strengthen Georgia’s ties with free economies and not allow Georgia to be under the economic influence of Russia or China.”  Upon his return to Georgia, Mr. Bakhtadze resigned, and this again put the project in unchartered waters.

    September 2019

    • At a meeting in Tbilisi, a large Hong Kong-based private equity group with significant Central Asian transportation synergies that was considering joining the project was told bluntly by Infrastructure Minister Tskitishvili that the Government did not desire their participation in the project.  At this same meeting Ms. Tskitishvili reaffirmed the Government’s seeming opposition to SSA Marine’s involvement in the project.

    September 2019

    • Giorgi Volski, Vice Speaker of Parliament, falsely claimed that the Hong Kong private equity group mentioned above is a “Russian” company,  with the intention either of disparaging it or sowing further confusion about the government's position in respect of the project.

    September 2019

    • In a meeting between Prime Minister Gakharia and an Anaklia Supervisory Board member, Mr. Gakharia stated that “things had to get quiet” before he could reassure the major potential U.S. investor of the state’s support for the Anaklia Project, which the board member understood to be a condition that ADC and Mr. Khazaradze stop criticizing the government publicly on its opposition to the Anaklia Project, and the government would stop criticizing ADC.  
    • Also, the Supervisory Board was promised a letter of support to a U.S. investor from the highest levels of the Government, but this never materialized, even though ADC did comply with the Government’s request.

    September 2019

    • A delegation from the U.S. (in Tbilisi to participate in the 5th annual Tbilisi International Conference sponsored by the McCain Institute) met with new Prime Minister Giorgi Gakharia, and subsequently with Mamuka Khazaradze.  Representatives of the delegation told Mr. Khazaradze that Prime Minister Gakharia told them the Anaklia project was not commercially viable when this was patently not the case.

    October 2019:

    • Fadi Asly, chairman of the International Chamber of Commerce in Georgia, is quoted in the media saying, “No one will invest in Anaklia project as long as Bidzina Ivanishvili wants to destroy it.”

    Taken together, these are only a selection of the instances where the Government of Georgia actively undermined the project in an effort to prevent ADC from developing the project.  ADC intends to present evidence during the upcoming arbitration proceedings to demonstrate the degree to which the Government took such steps.

    Further details of the Anaklia Port project and ADC can be found at http://anakliadevelopment.com

     

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