Former Putin ally being sued in ‘corporate raiding’ case in Dublin

Dmitry Mazepin, a former member of Russian president Vladimir Putin's ruling party, is among several parties being sued in Ireland over an alleged conspiracy to defraud the world's largest producer of ammonia of a $2 billion shareholding.

A number of pre-trial matters in the long-running, complex case are listed for mention before the Commercial Court on Monday.

Initiated in 2016 and yet to go to a full hearing, it involves the largest claim, in terms of value, to come before the Irish Commercial Court. The alleged “corporate raiding” case is being heard in Ireland because one of the defendants, Eurotoaz Ltd, has registered offices in Dublin.

Judgments remain pending on some pre-trial matters. Mr Justice David Barniville previously said he was dismissing a challenge to the Irish court’s jurisdiction to hear the case and his written judgment on the jurisdiction issue is among the judgments being awaited by the parties.

Corrupt actions

Earlier this month, orders were sought concerning the involvement of two companies in certain upcoming share auctions. As a result of those auctions proceeding, the plaintiffs’ case may proceed as one for damages.

Four firms, registered in the Caribbean, are suing Eurotoaz Ltd, with registered offices at the Earlsfort Centre, Earlsfort Terrace, Dublin.

They claim they were defrauded, through illegal and corrupt actions, of their 70 per cent interest in a Russian firm TogliattiAzot (ToAZ), a $3 billion company which is the world’s largest producer of trade ammonia used in fertiliser.

Eurotoaz denies conspiracy or that there was a political motivation behind efforts to prosecute and sue ToAZ in Russia.

The plaintiffs – Trafalgar Developments, Instantania Holdings, Kamara and Bairiki Inc – have also sued other companies and individuals, claiming they conspired together in the alleged fraud scheme.

It is claimed the four were subjected to part of an internationally recognised phenomenon known as “raider attacks”, involving a so-called raider acquiring a minority shareholding in a target company before a series of improper civil and criminal lawsuits is repeatedly brought to devalue a company’s stocks.

Along with improper pressure on judicial authorities to bring regulatory and tax prosecutions against the company’s principals, the raider procures freezing of shares and cash and the business collapses with effective control wrested from its owners.

Vexatious litigation

It is claimed Eurotoaz was central to an alleged scheme of conducting vexatious litigation based on false and sham evidence against ToAZ.

Belarusian billionaire Mazepin is a former member of the Kirov regional duma in Russia representing the United Russia Party led by Russian president Vladimir Putin.

It is claimed Mr Mazepin led, and was the main beneficiary of, the alleged scheme to defraud the four companies of their interest in ToAZ. Mr Mazepin owns a minority interest in ToAZ and controls one of the defendant firms, United Chemical Company Uralchem (UCCU), the plaintiffs allege.

It is claimed the alleged conspiracy scheme involved putting undue and unlawful pressure on judges, criminal investigators, court-appointed experts and judicial officers in Russia to make improper and adverse orders against ToAZ, its officers and shareholders.

Defendants

The claims have been denied.

The other defendants are: Uralchem Holding plc, Yulia Bolotnikova (a lawyer in UCCU); Belport Investments (a Cyprus-based company); Milko Emilov Minkovski (a Bulgarian resident and beneficial owner of Belport); Androula Charilaou (another Belport director); Dmitry Konyaev (chief executive of UCCU); and Yevgeniy Yakovlevich Sedykin (a Russian who, it is claimed, acted with power of attorney on behalf of Eurotoaz in the litigation in Russia).

The High Court previously ruled the plaintiffs were entitled to judgment in default of appearance against Mr Sedykin, from Togliatti city in the Samara Region of Russia, and against Belport Ltd. The exact sum of damages will be determined later but in the meantime Mr Sedykin and Belport, neither of whom had entered an appearance, were ordered not to reduce their assets below $78 million. It was claimed Mr Sedykin acted for Eurotoaz in alleged vexatious litigation in Russia to unlawfully gain control of ToAZ.