Due to the problems of the Game Insight game studio, the accounts of the founders of Mail.ru Group were arrested
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As part of the bankruptcy case against mobile game developer Game Insight, an arbitration court ruled to seize the bank accounts and real estate of persons who, according to the bankruptcy trustee, controlled the debtor. Among them are the former first vice president of Mail.ru Group Igor Matsanyuk, as well as the founders of the Internet holding Grigory Finger and Mikhail Vinchel. We are talking about 75.9 million rubles. wage arrears of 271 studio employees.
In the filing cabinet of the arbitration court, Kommersant found that on July 18, the 9th Arbitration Court of Appeal partially granted the petition of the bankruptcy trustee of Game Insight LLC (Game Insight, once a major Russian developer of mobile video games, was declared bankrupt) Denis Kachura to take interim measures against citizens whom he considers to be controlling the debtor.
In particular, the court ruled to impose an arrest in the amount of 75.9 million rubles. to the bank accounts of eight individuals. Among them are the former vice-president of Mail.ru Group Igor Matsanyuk, whom Mr. Kachura calls the beneficiary of Game Insight, as well as the co-founders of Mail.ru Group Grigory Finger and Mikhail Vinchel (both left the co-owners of the holding in 2012), the former CEO of Game Insight Alexei Fesenko, the financial director of the company Anastasia Bubinets, the founder of Data-Code LLC Igor Shelopaev (the company began hiring Game Insight employees shortly before bankruptcy, see Kommersant on March 27) and Sergey Avetikov, Igor Matsanyuk’s partner in the Farminers startup accelerator. The court also imposed interim measures on five properties owned by Mr. Finger.
Game Insight was a major international mobile games developer founded by Igor Matsanyuk and Alisa Chumachenko. The portfolio includes Paradise Island, Guns of Boom, Cloud Raiders. The Russian legal entity was engaged in the development of games commissioned by the Lithuanian Game Insight UAB. In August 2022, the company filed for its own bankruptcy, and was declared bankrupt in October. At that time, the register of creditors’ claims was about 125 million rubles. At the end of 2022, revenue amounted to 525.9 million rubles. (in 2021 – 1.5 billion rubles) with a loss of 406 million rubles. (in 2021, net profit is 100 million rubles).
Mr. Kachura explained to Kommersant that 75.9 million rubles are the wage claims of 271 employees of the company included in the register of creditors: “If we talk about the availability of accounts, then Igor Matsanyuk, as we managed to establish, has a bank account in Russia. Finger and Vinchel’s accounts are closed.” He added that now the investigating authorities are investigating the fact of deliberate bankruptcy. The motion to bring the listed persons to subsidiary liability by the court, according to the manager, has not yet been satisfied.
Meanwhile, as part of a separate proceeding, on July 18, the Moscow Arbitration Court satisfied the claim of Game Insight LLC against its parent structure, the Lithuanian Game Insight UAB, for 154 million rubles. We are talking about the funds that the Russian structure did not receive from the Lithuanian one in the framework of contracts for the development of games.
A Kommersant source from among former employees of the company says that Mr. Matsanyuk approached a number of employees with a proposal to buy out wage arrears. Messrs. Vinchel and Matsanyuk “Kommersant” did not answer, Messrs. Finger, Fesenko, Shelopaev, Avetikov and Anastasia Bubinets could not be contacted.
It is difficult to predict whether a particular court will consider the applicant’s arguments sufficient or not, for example, the arbitration courts of the regions take interim measures much more often than the Moscow Arbitration Court, says Alexander Spiridonov, a lawyer at the Delcredere Bar Association: “In this case, the first instance also initially refused to take measures.”
To determine the amount of subsidiary liability, it is necessary to calculate the amount of outstanding claims included in the register and claims that arose after the initiation of bankruptcy proceedings, the lawyer specified: “For now, the debtor’s property has yet to be auctioned. This means that it is not yet clear what part of the claims can be settled through the sale of property, and what part of them may fall on subsidiary defendants.
Subsidiary defendants are jointly and severally liable, explains Alexander Spiridonov: “If someone repays the entire debt, the obligations of other defendants to the debtor will cease. Within their share, they must pay the person who repaid the debt. Therefore, the arrest of the same amount on the accounts of different persons is a normal practice. This should not lead to the fact that the debtor will receive more than is due.
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