SPB Exchange will deal with fraud – Kommersant FM
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Details of the forgery regarding the bankruptcy of the St. Petersburg Exchange have become known. The fake statement stated debts of 500 million rubles. The document, due to which the site lost a third of its capitalization, was in the possession of RBC. Sources confirm: it was this application that was sent to the Moscow Arbitration Court at the end of November. St. Petersburg Exchange calls it a forgery: the signature and seal were forged, and she never took out bank loans.
More details about bankruptcy, which never happened, in the Kommersant FM certificate:
The bankruptcy petition of the St. Petersburg Exchange was registered by the Moscow Arbitration Court on November 24, but it became widely known three days later, when journalists drew attention to the document card in the online system. The site itself stated that it did not file an application and has no signs of bankruptcy. The exchange promised to contact law enforcement agencies. Its shares plunged 35% that day. The Central Bank called the situation “close to a crime.”
The court returned the bankruptcy petition of St. Petersburg Exchange. Moreover, from the definition it followed that the document was received on behalf of the site itself. The statement said that as of mid-2023, the exchange had overdue debts to Sberbank and VTB in the amount of 245 million rubles. and 190 million rubles, respectively, writes RBC. After falling under American sanctions, this load allegedly became critical.
The statement contained a seal imprint, reminiscent of the old-style seal of the St. Petersburg Exchange, and allegedly the signature of the general director of the site, Evgeny Serdyukov. The company itself claims that the signature and seal were falsified.
The Exchange never contacted the law enforcement agencies of St. Petersburg – they stated that they were only preparing documents for submission. The platform may also recover financial damages it suffered due to the fall in quotes, noted Anton Gusev, partner at the law firm Timofeev, Gusev and Partners:
“In addition to Article 327 itself – forgery of documents – there may be other offenses. For example, you need to understand that as a result of such actions the company could have suffered damage. The value of the shares immediately dropped, and the company was forced to incur other costs. Such actions may form elements of a crime under Article 165 of the Criminal Code of the Russian Federation, namely causing damage by deception or abuse of trust. The exchange can count on compensation for this damage. For example, as part of the criminal process, the St. Petersburg Exchange will have the right to file a civil claim.”
As lawyers note, anyone could file for bankruptcy of the St. Petersburg Exchange. And it will not be easy to establish who exactly did this, says Elena Gladysheva, managing partner of the RI-Consulting law firm:
“If we are talking about electronic filing of documents using the kad.arbitr system, I believe that in this case IT specialists will certainly be able to establish the source where this document came from. If it was sent from the post office, the only thing that is possible is to establish the address of the corresponding post office, if some video recording is saved there, then, most likely, these persons will be identified. It’s difficult, to be honest, but we’ll see.”
The story of the bankruptcy of the St. Petersburg Exchange resembles market manipulation, Kommersant FM’s interlocutors agree. The industry did not rule out that the platform itself could submit an application and thus raise rates so that the Central Bank would help resolve its financial problems.
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