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14 February, 2017

National Bureau of Anti-Corruption continues pre-judicial investigation on the facts of theft of more than 7 billion US dollars made by criminal community headed by Ablyazov M., the former Chairman of the Board of Directors of JSC BTA Bank

As a result of the investigation, it is established that Ablyazov artificially inflated the capital of Bank purchasing its stocks at the expense of stolen money of the Bank through the under control companies.

Increasing the capital of Bank, Ablyazov created imaginary attraction and financial growth.

Foreign investors and citizens of Kazakhstan, trusting stability and success of the Bank, invested their money in it.

So, during the period since 2005 - 2008 due to the maximum attraction of deposits from population and investments from foreign creditors the capital of Bank grew by 8 times.

Ablyazov stole the money received fraudulently by crediting of the numerous companies belonged to him.

Further the criminal money was laundered by means of financial operations through hundreds of the offshore companies and was used to buy expensive assets in Russia, Ukraine, Great Britain, the USA, France and other countries.

The stolen money of such scale entailed loss of the saved money of the population, and foreign creditors lost their granted loans.

In order to avoid negative consequences the state assumed liabilities on repayment of debt of BTA Bank for both: internal investors and foreign investors.

Now the proofs collected by the investigation in commission of such serious crimes allowed to qualify acts of the suspect, Ablyazov, as regards the 4th  part of Article 263 of the Criminal Code of Kazakhstan (creation and the management of criminal community), to points "a’ and "b" of part 3 of Article 176 (assignment and waste of the entrusted someone else's property), part 3 of article 24 - to the points "and", "b" of part 3 of Article 176 (attempt at assignment and waste of the entrusted someone else's property), the points, "v" part 3 of article 193 (legalization of the money and other property acquired in the criminal way), part 1 of article 220 (illegal use of funds of bank) and article 228 (abuse of authority) of the Criminal Code of Kazakhstan of 16.07.1997.

According to part 1 of Article 206 of the Code of Criminal Procedure of the Republic of Kazakhstan (the Code of Criminal Procedure of RK) the resolution on qualification of act of the suspect shall be announced no later than twenty four hours from the moment of pronouncement of the resolution. In case of absence of the suspect or his/her defender the resolution can be announced also after twenty four hours.

Due to that the suspected Ablyazov is outside the Republic of Kazakhstan and his evasion from appearance, the Anti-corruption service, being guided by part 8 of Article 206 of the Code of Criminal Procedure RK, with the consent of the prosecutor publishes the message on background of his acts in mass media.

For participation in the announcement of the resolution and carrying out necessary investigative actions the suspected Ablyazov needs to be till February 15, 2017 to the office building of the National Bureau on anti-corruption located at the following address: Republic of Kazakhstan, city of Astana, Seyfullin Street, 37.

For participation in investigative actions the suspect has the right to invite a defender independently or to request for ensuring a participation of a defender by the body conducting criminal trial (Article 68 of the Code of Criminal Procedure of RK).

If the defender is not invited by the suspect or his lawful representatives, and also other persons on their instructions, participation of the defender will be provided with the body conducting criminal trial (Article 67 of the Code of Criminal Procedure of RK).

In the presence of the reasons interfering an appearance on a call in the appointed time and also at intention to declare the petition for ensuring participation of a defender with the prosecutor or the person who is carrying out pre-judicial procedure, the suspect or persons representing in accordance with the established procedure his interests need to notify criminal prosecution authority in advance.

Let's remind, earlier suspected Ablyazov M. was called by Anti-corruption service for February 10 of this year for conducting interrogation, however, in due time he did not appear and did not notify on the reasons interfering his appearance.