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The AFM has uncovered a scheme for the unlawful seizure of apartments in Astana worth 4.4 billion tenge

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АФМ раскрыло схему незаконного завладения квартирами в Астане на 4,4 млрд тенге

The Financial Monitoring Agency (FMA) has completed its investigation into a case involving an attempt to illegally register 170 properties in Astana using fictitious share contribution agreements. According to the investigation, the scheme's participants used dummy shareholders and claims of alleged fraud to obtain court decisions to register the flats.

HOW THE SCHEME WAS ORGANISED

The investigation was conducted under the coordination of the Prosecutor General's Office. The investigation considers the organiser of the scheme to be A. Baizhumanov, who previously headed the housing construction cooperative "Tölendi".

In 2016, Baizhumanov was sentenced to eight years' imprisonment in a embezzlement case linked to the cooperative. At that time, the case concerned 10 billion tenge and 1,500 shareholders.

After the completion of the residential buildings' construction with the participation of the Astana akimat, some of the flats were intended for large families, orphaned children, people with disabilities and other socially vulnerable categories of citizens. According to the investigation, after his release Baizhumanov, together with accomplices, devised a scheme to take possession of this property.

HOW THEY PLANNED TO OBTAIN THE FLATS

The participants backdated fictitious share contribution agreements to people who in reality were not shareholders and did not purchase flats. These citizens were used as so-called "pseudo-shareholders".

On their behalf, claims of alleged fraud were submitted. Criminal cases were opened on the basis of the claims, and the claimants were recognised as victims. The court decisions obtained were planned to be used to register the flats, which were then to be sold to third parties, with the proceeds distributed among the scheme's participants.

The roles were assigned in advance: some participants selected people and drew up fictitious agreements, while others handled their implementation and the support of the criminal cases.

WHAT DAMAGE HAS BEEN ESTABLISHED

More than 80 "pseudo-shareholders" were drawn into the scheme. The plan was to register 170 properties worth over 4.4 billion tenge to them. According to the FMA, the attempt to illegally take possession of these properties was prevented.

Separately, it was established that fictitious share contribution agreements were sold to citizens. The amount of damage caused to them exceeded 400 million tenge.

WHAT IS KNOWN ABOUT THE SUSPECTS

The investigation also established the involvement of police officers. Investigations were registered on the facts of abuse of official powers and falsification of evidence.

In total, 19 people have been recognised as suspects. A custodial measure of restraint was imposed on nine of them. Property worth over 250 million tenge was seized.

AT WHAT STAGE IS THE CASE

The pre-trial investigation has been completed, and the parties have begun reviewing the materials of the criminal case.

Other information on the case may not be disclosed in accordance with Article 201 of the Criminal Procedure Code of the Republic of Kazakhstan.

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