Criminal case on the name of Ivan Tomaili, director of construction company who since 2008 had to build housing for employees of Security and Intelligence Service (SIS), is delayed to be prosecuted, on the grounds that, the expertise on construction has not been done yet. “We are expecting the results, then we will decide what we will do”, said the prosecutor . At the same time, construction company representatives say they have reached an agreement with SIS employees, that Tomaili, with another construction company, will resume the works on March 1^st, this year.

In September 2008, through a government decision, SIS became the owner of a hectare of land located on the street Grenoble, 159. A month later, the institution has signed a collaboration contract with JSC “Tomaili – Argo”. Under the contract, on the land belonging to SIS, JSC “Tomailî – Argo” would build 5 residential blocks until October 2011, and apart from SIS employees have invested money more individuals who were part of the project “Your Home” and also the company “Mebax – Double” Ltd.

In 2012, SIS employees appeared in front of the cameras, accusing the former director of SIS, Artur Resetnicov, that has contracted with a company that had no experience in construction. Contacted by ZdG, Resetnicov did not answer the phone. Also in 2012, SIS issued a press release that the applicant JSC Tomaili – Argo shall terminate the contract.

SIS appoints another company, affiliated to Tomaili

“In the context of the failure of the JSC “Tomailî – Argo” of bonds established in the collaboration agreement, after the expiration of three years from the date of commencement of construction being built only 3 floors high of 18 expected, as well as the changes in the construction projects without prior agreement of SIS and its investors, on 8^th of May 2012  SIS submitted for review, to the address of JSC “Tomaili – Argo”, additional Agreement no. 3 on termination of cooperation amicably”.

At the same time, Tomaili was announced that construction company designated to take over and complete the work at the housing complex is Ltd “Alstconstruct”, founded by Alexei Buzenco, a company affiliated to JSC Tomaili – Argo. In this regard, the Service requested, within 5 days, transmission of materials related to the value of executed work, investment paid by Service employees, individuals within the project “Your House” and the legal entity Ltd “Mebax – Double”.

According to SIS, after informing JSC “Tomaili- Argo” about the unilateral termination of the collaboration agreement by the Service, on the address of SIS staff and investors of the project “Your House” have arrived letters with the signature of Ivan Tomaili, as JSC “TomailI – Argo” will pass Ltd “Alstconstruct” requested documents, and for credibility, on the back of the letter  inserted SIS letter. In reality, however, this has not happened, because the construction company did not respond to the request, SIS sent the materials on the address of General Prosecutor’s Office.

Tomaili, owner of the constructions on the SIS’s land

At the end of 2012, the anticorruption prosecutors opened a criminal case on behalf of Ivan Tomaili, because he appropriated property of owner, acting as organizer, has prepared a plan of crime, through abuse of trust, under the pretext of investing in building of several housing blocks, acquired illicit funds from several investors in large proportions, their sum exceeding 14 million lei.

According to prosecutors, to conceal criminal intentions, policy makers of  JSC “Tomaili – Argo” signed a fictional contract of collaboration with Ltd “Mebax – Double”, which previously invested in the construction from 159 Grenoble Street approximately 2 million euros. So, the last has obtained the right of property on the 100 apartments at a price of only € 300 m², lower than contracted by SIS officers, to whom belongs the land under constructions and had facilities at contracting of housing building.

According to the data from CADASTRE, on Grenoble Street 159, the owner of 1 ha land is SIS, and those 5 constructions with completion level of 5% are registered in the name of JSC “Tomaili – Argo”. We tried to see what link is between the company of Ivan Tomaili and Ltd “Mebax – Double”, with which he signed a fictional contract, by which the last is to enter into the property of 100 apartments.

100 apartments for offshore from Cyprus ‘s

Data from the State Registration Chamber (SRC) indicate that single founder at “Mebax – Double” is “Leiria -Tur” Ltd., a company specialized in tourism and retail trade of potatoes. And the majority shareholder, holding 81.6% share in the company “Leiria – Tour” is an offshore from Cyprus, Hesperus Investments Limited. According to data obtained from the Register of companies in Cyprus, previously, its Director was Irina Yudina, who reside in Russia, and currently, director at Hesperus Investments Limited was named Maria Damianoy, residing in Cyprus.

Interestingly, one of the minority shareholders from ‘Leiria -Tur” Ltd. is a person close to the family Tomaili, Vyacheslav Baicev, which holds 2.3% of share participation. Collaboration between Tomaili and Baicev began in 2011, when the contractor was to release of housing for employees of SIS, but because the works were stopped and after the scandal with SIS, Tomaili registered his house worth millions from the street Ghidighici 5/11 in the name of Vyacheslav Baicev.

Tomaili, involved in another housing scheme

Also in 2008, Tomaili’s company cheated the investors of the housing complex on St. Ion Dumeniuc 4 and 4/1. In this case, over 100 families have signed investment contracts with JSC “Tomaili – Argo” to build two residential blocks. Construction company was to complete construction by July 2011, but the entrepreneur did not release the apartment buildings to this day.

“In September 2012 we found on the website of the Bank of Economy SA that apartment buildings on Str. Prof. Ion Dumeniuc 4 and 4/1, built from our financial resources, is listed in auctioned buildings by the bank. We ‘ve searched and saw in the documents that on March 21, 2011 JSC “Tomaili- Argo” has signed a contract with SC Romanta Plus Ltd, through which has alienated the apartment buildings. We were not informed about it. The next day, on 22^nd of March 2011, SC Romanta Plus Ltd has signed a mortgage contract with the Bank of Economy, whereby pledging apartment buildings in favor of the Bank. It is very doubtful that the notary has authenticated the mortgage as long as the right of SC Romanta Plus Ltd on apartment buildings had not been registered in the Land Register. Now we are judging with Tomaili, Romanta Plus Ltd and Bank of Economy. File is at the Court of Appeals”,  told us lawyers Andrei Briceac and Ion Ciumac, that are also among the duped investors.

“The investigation is carried …”

In 2013, the criminal case on Tomaili Ivan’s name was sent to the Prosecutor sect. Center. “The investigation is conducted. In August 2013 we have sent the construction expertise to be done with the accounting … and it is still not completed. We are waiting for the results, then we’ll decide what to do next”, said the prosecutor sect. Center, Nicolae Geru.

At the same time, the office manager from JSC “Tomaili – Argo” states that he reached an agreement with SIS employees, that Tomaili with another construction company to resume works in March. ZdG sent an official letter to the SIS, which requested more details about the companies to resume construction, but also to specify whether SIS has signed contracts with Ltd “Mebax – Dublu” and “Alstconstruct”, but did not receive any reply. 

Iurie SANDUTA