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The case of Kaskiv’s brothers on funds embezzlement of the State Agency for Investments and Management of National Projects of Ukraine

  • Date of commencement of the case: 25/10/2019
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The case of Kaskiv’s brothers on funds embezzlement of the State Agency for Investments and Management of National Projects of Ukraine The case of Kaskiv’s brothers on funds embezzlement of the State Agency for Investments and Management of National Projects of Ukraine

Case description

On July 5, 2024, the HACC found the brothers of Vladyslav Kaskiv, former Head of the State Agency for Investments and Management of National Projects, and a number of other people guilty of embezzling UAH 260 million allocated for the implementation of two national projects in 2012. All the defendants pleaded guilty.  

The case concerns the events of 2012-2014, when the structures of the State Agency for Investments and Management of National Projects, headed by Vladyslav Kaskiv during the Yanukovych era, lent almost UAH 260 million to two private firms. They allegedly had to implement two projects: install drinking water machines in the largest cities of Ukraine (the Quality Water project) and prepare the infrastructure for the potential Winter Olympics in Ukraine (the Olympic Hope 2022 project). However, the money was stolen and the projects were not implemented.

The criminal organization included the following members:

  • Oleksandr Kaskiv, brother of the former Head of the State Agency for Investments and Management of National Projects,

  • Serhii Shut, his deputy,

  • Yurii Lutak, CEO of the State Investment Company,

  • Andrii Lemish, head of the Credit Department of the State Investment Company,

  • Andrii Stelmakh, Director of Borysfen Trading House,

  • Oleksandr Matkovskyi, Kaskiv's cousin

The case also involves Serhii Lidov (Vladyslav Kaskiv's driver), Serhii Moiseyenko (another driver of Vladislav Kaskiv), Ruslan Usov (Serhii Shut's driver), and Vadym Bei (an employee of the State Agency for Investments and Management of National Projects). They are currently serving in the Armed Forces of Ukraine, so the proceedings against them have been suspended.  

In late 2011, the defendants developed a criminal plan to seize the funds. In 2012, Lemish and Shut, having access to information about the requirements for participants to receive state assistance, together with Kaskiv brothers, searched for people who would agree to become formal managers of shell companies for a monetary reward. Andrii Stelmakh, in particular, became one of them.

Subsequently, the acquisition of Borysfen Trading House LLC, a potential fictitious winner of the tender for the implementation of the Quality Water national project and a recipient of funds from the State Investment Company, an enterprise within the structure of the State Agency for Investments and Management of National Projects, was secured.

In addition, a number of other companies were involved in the criminal scheme: Veritas In LLC, Pryazovspetskomplekt LLC, Borzhava Resort LLC, Borzhava Balnierio LLC, Construction Company Combud LLC, and Construction Company Prykarpattia LLC. They were also planned to be used as fictitious participants in the tenders. 

The members of the investment committee who made the decision to allocate funds did not have objective information about the companies' lack of intentions and ability to implement the national projects. Therefore, Borzhava Resort LLC received a UAH 135 million loan, Veritas In LLC received a UAH 65.7 million loan, and Borysfen Trading House LLC also received a UAH 65.7 million loan.

In 2012-2015, Kaskiv's deputy Shut found offshore companies in Cyprus, the Seychelles, and the Republic of Latvia through which the defendants sought to withdraw illegally obtained funds. In total, UAH 259.2 million ended up on the accounts of companies controlled by Kaskiv's brother. Part of the money was spent in Ukraine, in particular, by buying up 700 land plots in the Zakarpattia and Volyn regions with a total area of about 1,000 hectares. 

The rest of the money was spent on the purchase of a Robinson R44 helicopter and a Viper SD 4 aircraft used by the former Director of the State Agency for Investments and Management of National Projects.

All the defendants in the case decided to conclude plea agreements. Oleksandr Kaskiv and Serhii Shut, whose actions were classified under Article 27(3), Article 191(5), Article 27(3), and Article 209(3) of the Criminal Code of Ukraine, were sentenced to UAH 850,000 in fines.  

Kaskiv's cousin Oleksandr Matkovskyi, who was charged under Article 27(3), Article 191(5), Article 27(3), and Article 209(3) of the Criminal Code of Ukraine, was fined UAH 400,000. Director of the shell company, Andrii Stelmakh, whose actions were qualified under Article 27(5), Article 191(5), and Article 209(3) of the Criminal Code of Ukraine, received a year of probation instead of 5 years in prison.

Lemish and Lutak are to pay UAH 200,600 jointly and severally under Article 191(5) of the Criminal Code of Ukraine. 

Under the terms of the plea deal, the defendants also have to reimburse the budget UAH 259.2 million in damages within six months. In addition, 507 land plots and one real estate object were transferred to the ARMA for sale as part of the case. The proceeds will be transferred to support the Armed Forces of Ukraine. Another UAH 13 million will be allocated to the needs of the army at the expense of the bail posted and additional obligations of the two organizers of the crime. Another 202 plots were transferred to the state through the special forfeiture procedure.

Vladyslav Kaskiv himself is not involved in this case. Back in 2017, he was extradited to Ukraine in a case of embezzlement of money while paying for outdoor advertising, the condition for extradition was that Kaskiv would not be prosecuted for his previous actions. Moreover, in 2020, he was elected a member of the Zakarpattia Regional Council from the Opposition Platform—For Life party.

  • Proceeding No.: 22013000000000287
  • Case No.: 760/14676/19
  • Incriminated: Article 191, part 5, Article 209, part 3
Instance Key parties Instance /Key parties:
HACC
25/07/2022

Panel of judges: Bilous I.O., Tkachenko O.V.

HACC AC
17/06/2020

Panel of judges: Pavlyshyn O.F., Nykyforov A.S., Chorna V.V.

Lawyer: Honchariuk T.V., Drozdovskoho L.P., Terzemana D.V., Mozhaieva M.O.

Prosecutor: Kozachyna S.S., Makar O.I.

HACC
12/11/2019

Panel of judges: Bilous I.O., Sikora K.O., Tkachenko O.V.

Lawyer: Mozhaieva M.O., Drozdovskoho L.P., Honchariuk T.V., Fedosina A.V., Svyrydenka S.V., Herasymenka M.V., Trekke A.S., Horbatenka Yu.V., Romasova A.V., Tolkachova Ya.S., Terzemana D.V.

Prosecutor: Makar O.I., Makar O.I.

CCC
25/10/2019

Panel of judges: Storozhenko S.O., Borodii V.M., Yeremeichuk S.V.

Lawyer: Honchariuk T.V.

Infographics

THE CASE OF KASKIV’S BROTHERS

A criminal group consisting of the brothers of former director of the State Agency for Investments and Management of National Projects Kaskiv illegally withdrew almost UAH 260 million from the budget in 2011-2014, which was intended for the implementation of two national projects.

  • 2012-2013
    The defendants ensured the that fictitious companies be awarded contracts in tenders for the allocation of budget funds
  • 2013-2015
    Cypriot companies controlled by criminals bought more than 700 land plots in the west of Ukraine for laundered funds
  • pic
    August 2, 2017
    Stelmakh was served with a suspicion notice
  • pic
    December 12, 2017
    Shut and Lutak were served with suspicion notices
  • pic
    December 14, 2017
    Lemish was served with a suspicion notice
  • pic
    June 21, 2018
    Oleksandr Kaskiv was served with a suspicion notice
  • pic
    July 24, 2018
    Matkovskyi was served with a suspicion notice
  • pic
    September 14, 2018
    Lemish was served with an updated suspicion notice
  • pic
    September 2018
    the NABU put Oleksandr Kaskiv on the international wanted list
  • May 20, 2019
    the SAPO referred the case on charges of 9 persons to the HACC
  • July 2020
    The HACC seized land plots purchased by Cypriot companies
  • pic
    May 26, 2021
    Oleksandr Kaskiv's suspicion notice was updated
  • April 11, 2023
    the SAPO referred the case against Oleksandr Kaskiv to court
  • December 4, 2023
    The HACC received an amended indictment
  • May 9, 2024
    The prosecutor concluded plea agreements with Shut, Matkovskyi, Lemish, Lutak, Stelmakh
  • May 21, 2024
    The prosecutor concluded a plea agreement with Oleksandr Kaskiv
  • pic
    July 5, 2024
    The HACC delivered guilty verdicts and sentenced six defendants based on previously concluded deals

Decisions from the Register

Case No. Court Decision date Decision type
760/14676/19 CCC 25/10/2019
760/14676/19 HACC 12/11/2019 On the appointment of a preparatory court hearing
760/14676/19 HACC AC 19/02/2020
760/14676/19 HACC AC 19/02/2020
760/14676/19 HACC AC 19/02/2020
760/14676/19 HACC 27/05/2020 Decision on closing the criminal proceedings
760/14676/19 HACC 27/05/2020 Decision on closing the criminal proceedings
760/14676/19 HACC AC 16/06/2020
760/14676/19 HACC AC 16/06/2020
760/14676/19 HACC AC 17/06/2020
760/14676/19 HACC AC 17/06/2020 Opening of appeal proceedings
760/14676/19 HACC AC 17/06/2020
760/14676/19 HACC AC 18/06/2020 Opening of appeal proceedings
760/14676/19 HACC AC 25/06/2020 Completion of the preparation and appointment of the appeal hearing
760/14676/19 HACC AC 02/07/2020
760/14676/19 HACC AC 02/07/2020
760/14676/19 CCC 31/08/2020 On the refusal to open cassation proceedings
760/14676/19 HACC 17/12/2020
760/14676/19 HACC 17/12/2020
760/14676/19 HACC 26/01/2021
760/14676/19 HACC 26/01/2021
760/14676/19 HACC 26/01/2021
760/14676/19 HACC 26/01/2021
760/14676/19 HACC 15/06/2021
760/14676/19 HACC 19/11/2021
760/14676/19 HACC 19/11/2021
760/14676/19 HACC 17/01/2022
760/14676/19 HACC 17/01/2022
760/14676/19 HACC 17/06/2022
760/14676/19 HACC 20/06/2022
760/14676/19 HACC 20/06/2022
760/14676/19 HACC 25/07/2022 On the appointment of a trial
760/14676/19 HACC 25/07/2022
760/14676/19 HACC 25/07/2022
760/14676/19 HACC 25/07/2022 On the appointment of a trial
760/14676/19 HACC 19/10/2022
760/14676/19 HACC 24/11/2022
760/14676/19 HACC 20/12/2022
760/14676/19 HACC 26/07/2023
760/14676/19 HACC 26/07/2023
760/14676/19 HACC 17/04/2024
760/14676/19 HACC 17/04/2024
760/14676/19 HACC 08/05/2024 Separate opinion of the HACC judge
760/14676/19 HACC 05/07/2024 Verdicts
760/14676/19 HACC 05/07/2024 Separate opinion of the HACC judge