Banker Sergei Pugachev
Alexandra Tolstaya, the civil spouse of the beneficiary of Mezhprombank Sergey Pugachev, appealed to London’s High court with the claim about section of property and payment of child support. Perhaps the couple of Pugacheva is trying to defend at least some of their assets from the Agency on insurance of contributions (ASV)
That a civilian spouse of Sergey Pugachev Alexander Thick has applied to London’s High court with the claim about section of property, RBC told several sources in the banking market. According to them, this happened a few months ago. The amount of the claim not disclosed. The lawsuit was preceded by the visit of Mrs. Tolstoy to one of the court hearings in London regarding the dispute ASV with Sergey Pugachev, which addressed the issue of disclosure of the property of the latter, hidden behind trusts, said one of the sources of RBC.
We will remind, in the summer of 2014, London’s High court arrested the property of Sergey Pugachev worldwide for a total of £1.2 billion and ordered to reveal his sources. Among the sources of the assets of Sergey Pugachev particular interest to the DIA represented the trusts because they had concentrated most of the property, said another interlocutor of RBC. No less than the fate of troubled trusts and Alexander Thick, say sources RBC. According to some information, rights of heirs (and Tolstoy Pugachev, officially married not married, according to the official representative of the latter, two sons, seven and six, and four-year-old daughter) just secured by the property, hidden behind trusts.
Still Sergey Pugachev in London sued only the DIA as a liquidator of Mezhprombank, which represents the interests of its creditors. Now they have a competitor.
On the website of the High court of London free information about the lawsuit of Alexandra Tolstoy to Sergei Pugachev could not be found. Treatment of RBC on Friday in a British law company Devonshire Solicitors (whose representatives accompanied the Fat lady during her visit to the court at the ASV process and Pugachev a few months ago) with an official request regarding such claim remained unanswered. But information about the lawsuit of Alexandra Tolstoy to Sergei Pugachev RBC confirmed in DIA. The Agency’s response also clarifies why information about this process isn’t public: “According to the Agency, the claim is associated with the recovery Tolstoy of the alimony on the maintenance of minor children Pugachev S. V., the process passes in the closed mode, and it is subject to the confidentiality regime”, — stated in ASV.
The representative of Sergey Pugachev said that neither the businessman nor his lawyers was not aware of any claims by Alexandra Tolstoy. However, similar to earlier comments by the representative of the Pugachev was given and a public dispute Pugacheva DIA. “Pugachev and Thick, never been married, and they have no joint property”, — said RBC representative of Pugachev, noting that the specially created trust pays a monthly £10 thousand for the maintenance and education of children and civilian spouses. The name of the trust, the representative of the businessman did not disclose.
Alexander’s Thick, consisting of distantly related with the heirs of Leo Tolstoy (Aleksandra is the daughter of Nikolai Tolstoy-Miloslavsky, untitled represents the senior branch of the Tolstoy family, coming from Ivan Tolstoy, the elder brother of Peter Tolstoy, whose branches in turn happened to Leo Tolstoy), with children living in London. There’s also previously lived and Sergei Pugachev, however after the announcement in the international search (in the framework instituted in Russia by the fact that the collapse of Mezhprombank criminal case), he left the UK. It is believed that the former banker fled to France, having a citizenship of this country. This was confirmed by the fact that his lawyers press conference on some episodes of a dispute with the DIA and the agencies. The DIA noted that “in June 2015 Sergey Pugachev fled to France, leaving England in violation of the orders of the English court, apparently to avoid disclosure of information about their assets.”
Assets of discord
The bankruptcy of Mezhprombank (BCH), who lost his license in 2010, was the largest in modern Russian history. According on the course of bankruptcy proceedings to the BCH on the website of ASV on 1 November of the current year, the volume of the Bank’s debt to creditors amounted to 82.7 billion rubles. For all the time of bankruptcy (BCH was adjudged insolvent in December 2010) creditors managed to recover only 1.9 billion RUB In this situation, the DIA was filed in a Russian court the claim about involvement of Sergey Pugachev (and agrees with him several top managers of Mezhprombank) to vicarious liability 75 billion rubles In support for this claim in the High court of London and was issued a warrant of arrest of Pugachev’s assets around the world. The Russian claim was won and the DIA in February of 2016 recognized in the UK, which is now enforced: already arrested several movable and immovable (houses, yacht) property Pugacheva, and received approval for their implementation. “The Agency has made significant progress on the foreclosure of the assets of Pugachev S. V.,” — said the Agency declined to detail. However, according to RBC information Sergei Pugachev has not disclosed all their assets.
The claim of Alexandra Tolstoy to the civil husband Sergey Pugachev lawyers not surprised. Moreover, they consider it more “friendly” than against Pugachev. Several lawyers did not rule out that this could be planned by joint action of civil spouses. So, the adviser of law firm Herbert Smith Freehills Stanislav Grigoryev said that the claim of the Colon may be initiated in order to at least partially “protect” the Pugachev’s assets from the DIA. “Usually family requirements are put in priority over the claims of other creditors. Logically, if a wife sues for child support for the children, therefore, will be the first creditor who can claim the money Joe. If between Pugachev and Thick, a good relationship — we can not exclude that the claim was agreed between them,” he says.
The same scenario was assumed and the managing partner of advocates ‘ Bureau “Astashkevich & partners” Anastasiya Astashkevich. However, she points out: “This suit Alexandra Tolstoy is not so easy to win: she had to prove to the court that the children really need these tools, and in this case we are not talking about the abuse of the right to seize assets from under arrest”. In addition, he Astashkevich, lot will determine the legal status of the children: “If they are already beneficiaries of the property “coded” in the trusts, it is unlikely that the argument about the necessity of getting more child support work.” However, the logic of the plaintiff can be understood, the lawyer says: “If the trusts will be recognized as bogus, and tries to do the ACB, then the children will not get anything, and in this construction the argument that the alimony may make sense”.
According to lawyers, the calculation in this case that the payment of child support is primary in comparison with payments to other creditors. However, filed a lawsuit on alimony late. “Pugachev’s assets arrested in providing ASV won the Russian claim. Thick can’t get to them until the lawsuit ASV is not complete, and interim measures will be lifted,” — says the lawyer, an expert on British law Vsevolod Miller.
However, at the moment it is difficult to assess how serious the threat to the DIA’s present requirements Alexandra Tolstoy: everything will depend on how you will build the evidence base and logic of the process of its lawyers, sums up Anastasia Astashkevich.