THE SUPREME COURT CONFIRMED THE SUBSIDY OF THE EX-HEADS OF THE LEGION BANK

On February 3, the Supreme Court of the Russian Federation considered the complaint of two ex-managers of the bankrupt Legion Bank, who demanded that they be relieved of subsidiary liability imposed by verdicts of lower courts. The RF Armed Forces considered the application, but rejected the complaint.

Legion Bank was declared bankrupt in the fall of 2017 (case no. A40-129253/17). The organization turned out to owe more than 13.5 billion rubles. The bank's shareholders were over 20 people.

In 2019, the court sentenced the former adviser to the head of the bank Andrey Batishchev and the founder of the company "Tools in Time" Dmitry Khaykov to criminal punishment. The reason was the theft of funds from the bank by fraud with loans.

The main accused, whom investigators consider to be the organizer of the criminal group, was Igor Sokerkin. He served as Chairman of the bank's Management board. According to the investigation, the damage from his activities exceeded 13 billion rubles. At the same time, the ex-head managed to hide outside the Russian Federation, the decision to arrest him was in absentia.

In 2020, the bankruptcy trustee (DIA State Corporation) petitioned the arbitration court to attract five persons to the subsidiary, who were considered to have controlled the bank's activities before its bankruptcy. However, of the five persons mentioned in the application, the court held in March 2022 left only Sokerkin.

After that, the DIA appealed to the court of appeal. Having considered the case, the Ninth AAC added Alexander Nekrasov and Viktor Brusentsev to the list of persons of the bank's board of directors. Subsequently, this decision was supported by the cassation.

The last attempt to get rid of subsidiary liability was the complaint that Nekrasov and Brusentsev filed with the Supreme Court. However, Themis did not accept the complaint. Now all three of them will have to answer for the debts of the credit institution. The exact amount of obligations will be determined after the final settlement with the creditors of the organization. The amount of subsidiary liability is 8.84 billion rubles.

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