STATEMENT OF THE PROSECUTION SERVICE

Published in Justice
Tuesday, 17 May 2022 10:49

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. 

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    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.

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  • 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.

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  • "Decision is shocking and unbelievable" - Nika Gvaramia responds to the decision of the European Court of Human Rights

    Nika Gvaramia responded to the decision of the European Court of Human Rights. The European Court has recently announced the decision on the case of Rustavi 2. The general director of the broadcasting company noted that the decision is legally scandalous. 
    "We are in Rustavi 2 and we are going to stay here. This decision is shocking and unbelievable. I have the right to criticize. Unfortunately there left  only one option in the decision to appeal and of course we will use this. I can not claim that the court was biased, but it must be incorrect interpretation. This case is very important and we are going to appeal the decision of Judge Urtmelidze and Todua,"- Nika Gvaramia said.
    According to the general director of the "Rustavi 2" the cancellation of the temporary measure does not mean that the decision has come into force.
    "The cancellation of the temporary measure does not mean that this decision has come into force. The temporary measure was canceled because it was based on the request of "Rustavi 2." I would say that it is legally scandalous, because the second chamber of the same court has admitted the violation of the freedom of expression and the response was utterly revolutionary when the first chamber used the temporary measure. The Second chamber said that this Chamber has not enough qualification. I would say that the decision is scandalous in terms of the communication between the chambers of the same court. It is not my competence, I can only assess this issue. "- said Gvaramia.

    www.rustavi2.ge

  • The President of Georgia: by Expressing Our Views, We Help the Ones Who Work on the Content of the Constitution
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