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The case concerning fraud shortly before PrivatBank nationalization

  • Date of commencement of the case: 07/09/2023
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The case concerning fraud shortly before PrivatBank nationalization The case concerning fraud shortly before PrivatBank nationalization

Case description

Oleksandr Dubilet, former board head of PrivatBank, and other bank's senior managers are accused of embezzling UAH 8.4 bln from the bank shortly before its nationalization in 2016.

The case involves three episodes connected with the funds embezzlement from the bank shortly before its nationalization in December 2016. The defendants include Oleksandr Dubilet, former board head of PrivatBank, his deputies Volodymyr Yatsenko and Liudmyla Shmalchenko, as well as former heads of the bank's departments Nadia Konopkina, Olena Bychykhina and Natalia Onyshchenko.

According to the investigation, in the first episode, the defendants paid more than UAH 136 mln in favor of the insurance company Inhosstrakh IC PJSC on the basis of false documents. The defendants did this as they realized that they would subsequently lose control over the PrivatBank funds, which was to be taken over by the state as an insolvent bank.

In the second episode, the NABU identified the embezzlement of UAH 8.2 bln of the bank's funds. According to detectives, then former board head Dubilet ordered to unreasonably write off money from PrivatBank's correspondent accounts in a European bank, allegedly to pay off debts to two agricultural trading companies. To disguise the embezzlement and legalize the scheme, the former bank officials forged bank documents and provided a fictitious loan to a legal entity affiliated with the bank. In this way, the company allegedly owed the bank the exact amount that had been previously withdrawn from PrivatBank's correspondent accounts. 

The third episode concerns the payment of UAH 85 mln from PrivatBank in favor of a controlled company, Novopharm LLC with foreign investments, which was again carried out based on fictitious documents.

The NABU claims that the investigation into other episodes is still ongoing, so the facts of corruption at PrivatBank that have already been uncovered are not final. The total volume of materials in this case already exceeds 2,500 volumes; it has turned out to be one of the largest in the history of anti-corruption agencies. The three episodes of the case are already pending in court.

Oleksandr Dubilet is charged under Article 191, part 5; Article 366, parts 1, 2 of the CCU. Volodymyr Yatsenko and Olena Bychykhina are charged under Article 191, part 5; Article 209, part 3 of the CCU. Nadia Konopkina is charged under Article 191; part 5 of the CCU.

In February 2021, the NABU put Oleksandr Dubilet on the wanted list. The court arrested him in absentia, Dubilet himself resides in Israel. His former deputy, Volodymyr Yatsenko, fled Ukraine using a group 2 disability status after the term of duties assigned to him expired in March 2022.

In December 2019, former board head of PrivatBank Oleksandr Dubilet filed a lawsuit against the bank, the Ministry of Finance, and the Deposit Guarantee Fund seeking to invalidate the contract for the sale of the bank's shares for UAH 1.

Nevertheless, on February 15, 2023, the Grand Chamber of the Supreme Court rendered a ruling by which it confirmed the legality of the PrivatBank nationalization. The SCU effectively upheld the first instance court's decision to close the case.

PrivatBank attracted the attention of anti-corruption and law enforcement agencies not only in this case. Its ex-owner, Ihor Kolomoiskyi, has been served with at least three suspicion notices of fraud, bank funds embezzlement, money laundering, and even organizing a contract killing since 2023. Read more about other cases involving Kolomoiskyi and PrivatBank in our analytical article.

 

  • Proceeding No.: 52022000000000228
  • Case No.: 991/7868/23 show all cases hide other cases
  • Other court cases No.: 991/3554/22, 991/3537/22, 991/3539/22, 991/3538/22, 991/3608/22, 991/3901/22, 991/4135/22, 991/4074/22, 991/4535/22, 991/4538/22, 991/4413/22, 991/4415/22, 991/4500/22, 991/4650/22, 991/4445/22, 991/4582/22, 991/4605/22, 991/4621/22, 991/5124/22, 991/5105/22, 991/5156/22, 991/5636/22, 991/5655/22, 991/3006/23, 991/6740/23, 991/6738/23, 991/6739/23
  • Incriminated: Article 191, part 5, Article 364-1, part 2, Article 369-2, part 1, Article 209, part 3, Article 366, part 1
Instance Key parties Instance /Key parties:
CCC
13/11/2023

Panel of judges: Antoniuk N.O., Marchuk N.O.

HACC
07/09/2023

Panel of judges: Fedorov O.V., Koliush O.L., Fedorak L.M., Moisak S.M., Oliinyk O.V.

Infographics

The case of PrivatBank nationalization

The former PrivatBank management allegedly withdrew UAH 8.4 bln from the bank shortly before its nationalization in 2016. According to the investigation, Oleksandr Dubilet and other senior managers of the bank engaged various schemes with fake loans and forged documents.

Oleksandr Dubilet: Article 191, part 5; Article 366, parts 1, 2 of the CCU.

Volodymyr Yatsenko and Olena Bychykhina: Article 191, part 5; Article 209, part 3 of the CCU.

Nadia Konopkina: Article 191; part 5 of the CCU.

  • December 2016
    The defendants allegedly embezzled UAH 8.4 bln from the bank through unjustified payments and fictitious lending
  • pic
    March 26, 2021
    The NABU put Oleksandr Dubilet on the wanted list
  • February 22, 2021
    The NABU detained Volodymyr Yatsenko at Boryspil Airport
  • pic
    February 22, 2021
    The NABU served suspicion notices to Oleksandr Dubilet, Volodymyr Yatsenko, and Olena Bychykhina
  • February 22-23, 2021
    Yatsenko registered tens of millions of hryvnias to his wife and daughter, which he owned through corporate rights in a number of companies
  • pic
    February 25, 2021
    The HACC took Volodymyr Yatsenko into custody with an alternative of UAH 52 mln bail
  • March 12, 2021
    The HACC AC left the interim measure against Yatsenko unchanged
  • pic
    March 15, 2021
    Oleksandr Dubilet, Liudmyla Shmalchenko and Nadia Konopkina were served with new suspicion notices
  • March 25, 2021
    The HACC set bail for Nadia Konopkina at UAH 2.7 mln
  • March 26, 2021
    The HACC set bail for Liudmyla Shmalchenko at UAH 50 mln
  • March 30, 2021
    The HACC reported that the full bail amount was paid for Konopkina
  • March 31, 2021
    The HACC reported that the full bail amount was paid for Shmalchenko
  • June 2, 2021
    The HACC arrested Oleksandr Dubilet in absentia
  • pic
    June 24, 2021
    The SAPO requested Interpol to put Dubilet on the international wanted list
  • July 22, 2021
    The HACC AC overturned Dubilet's arrest in absentia
  • October 28, 2021
    The HACC allowed to conduct an investigation in absentia against Dubilet
  • December 22, 2021
    The HACC again arrested Dubilet in absentia
  • March 2022
    Yatsenko left Ukraine and did not return home until August 2022
  • July 15, 2022
    The HACC upheld Dubilet's arrest in absentia
  • October 6, 2022
    The NABU-SAPO completed investigation into the three episodes of the case
  • September 6, 2023
    The SAPO referred the case to the HACC
  • June 4, 2024
    The HACC AC declined to transfer the case from the HACC to another court
  • November 11, 2024
    HACC Recovers UAH 5 mln in Bail from Shmalchenko

Decisions from the Register

Case No. Court Decision date Decision type
991/3554/22 HACC 08/09/2022
991/3537/22 HACC 12/09/2022 Decision on temporary access
991/3539/22 HACC 12/09/2022 Decision on temporary access
991/3538/22 HACC 12/09/2022 Decision on temporary access
991/3538/22 HACC 12/09/2022 Decision on temporary access
991/3537/22 HACC 12/09/2022 Decision on temporary access
991/3539/22 HACC 12/09/2022 Decision on temporary access
991/3608/22 HACC 15/09/2022 Decision on temporary access
991/3608/22 HACC 15/09/2022 Decision on temporary access
991/3901/22 HACC AC 27/09/2022 On the appointment of a new trial in the court of the first instance
991/4135/22 HACC 29/09/2022
991/4074/22 HACC 29/09/2022 Decision on temporary access
991/4074/22 HACC 29/09/2022 Decision on temporary access
991/3901/22 HACC AC 04/10/2022
991/4535/22 HACC 12/10/2022
991/4538/22 HACC 12/10/2022
991/4413/22 HACC 13/10/2022
991/4415/22 HACC 13/10/2022
991/4415/22 HACC 13/10/2022
991/4413/22 HACC 13/10/2022
991/4500/22 HACC 13/10/2022 Decision on temporary access
991/4500/22 HACC 13/10/2022 Decision on temporary access
991/3901/22 HACC AC 17/10/2022
991/3901/22 HACC 18/10/2022
991/3901/22 HACC AC 18/10/2022
991/4650/22 HACC 19/10/2022
991/4445/22 HACC 19/10/2022
991/4445/22 HACC 19/10/2022
991/4535/22 HACC 21/10/2022
991/4538/22 HACC 21/10/2022
991/4582/22 HACC 25/10/2022
991/4605/22 HACC 25/10/2022
991/4621/22 HACC 25/10/2022
991/5124/22 HACC 03/11/2022
991/5124/22 HACC 03/11/2022
991/5105/22 HACC 04/11/2022
991/5156/22 HACC 04/11/2022 Decision on temporary access
991/5105/22 HACC 04/11/2022
991/5156/22 HACC 04/11/2022 Decision on temporary access
991/5636/22 HACC 21/11/2022 Decision on temporary access
991/5636/22 HACC 21/11/2022 Decision on temporary access
991/5655/22 HACC 24/11/2022 Decision on temporary access
991/5655/22 HACC 24/11/2022 Decision on temporary access
991/3006/23 HACC 14/04/2023
991/3006/23 HACC 14/04/2023
991/6740/23 HACC 02/08/2023 Decision on temporary access
991/6738/23 HACC 02/08/2023 Decision on temporary access
991/6739/23 HACC 02/08/2023 Decision on temporary access
991/6740/23 HACC 02/08/2023 Decision on temporary access
991/6738/23 HACC 02/08/2023 Decision on temporary access
991/6739/23 HACC 08/08/2023 Decision on temporary access
991/7868/23 HACC 07/09/2023 On the appointment of a preparatory court hearing
991/7868/23 HACC AC 17/10/2023
991/7868/23 HACC AC 17/10/2023
991/7868/23 HACC 23/10/2023
991/7868/23 HACC 23/10/2023
991/7868/23 HACC 23/10/2023
991/7868/23 HACC 02/11/2023
991/7868/23 HACC 02/11/2023
991/7868/23 CCC 13/11/2023 On the refusal to open cassation proceedings
991/7868/23 HACC 17/11/2023 Decision on the consideration of a recusal
991/7868/23 HACC 17/11/2023 Decision on the consideration of a recusal
991/7868/23 HACC 01/12/2023 Decision on the consideration of a recusal
991/7868/23 HACC 01/12/2023 Decision on the consideration of a recusal
991/7868/23 HACC 18/01/2024
991/7868/23 HACC 25/01/2024
991/7868/23 HACC 25/01/2024
991/7868/23 HACC 22/04/2024
991/7868/23 HACC 22/04/2024
991/7868/23 HACC AC 30/05/2024 Decision on the consideration of a recusal
991/7868/23 HACC AC 30/05/2024 Decision on the consideration of a recusal
991/7868/23 HACC AC 04/06/2024
991/7868/23 HACC AC 04/06/2024
991/7868/23 HACC AC 04/06/2024
991/7868/23 HACC AC 04/06/2024
991/7868/23 HACC AC 04/06/2024
991/7868/23 HACC AC 04/06/2024
991/7868/23 HACC 24/06/2024
991/7868/23 HACC 24/06/2024
991/7868/23 CCC 06/08/2024 On the refusal to open cassation proceedings
991/7868/23 HACC AC 14/08/2024
991/7868/23 CCC 10/09/2024 On the refusal to open cassation proceedings
991/7868/23 HACC 26/09/2024 Separate opinion of the HACC judge
991/7868/23 HACC 27/09/2024
991/7868/23 HACC 27/09/2024
991/7868/23 HACC 27/09/2024
991/7868/23 HACC 27/09/2024
991/7868/23 CCC 10/10/2024 On the refusal to open cassation proceedings
991/7868/23 HACC 11/11/2024
991/7868/23 HACC 11/11/2024
991/7868/23 HACC 11/11/2024
991/7868/23 HACC 11/11/2024
991/7868/23 HACC 11/11/2024
991/7868/23 HACC 11/11/2024
991/7868/23 CCC 18/11/2024
991/7868/23 CCC 19/11/2024
991/7868/23 CCC 25/11/2024
991/7868/23 CCC 26/11/2024
991/7868/23 HACC AC 12/12/2024