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.