Case description
The HACC found former Chief Engineer of the Oleksandr Dovzhenko National Film Studio, Tymofii Parkhomenko, and former director of a private company, Maksym Minchuk, guilty of embezzling over UAH 4.4 million.
According to the investigation, the Dovzhenko Film Studio held an open tender for the procurement of TV and audiovisual equipment. The winner was a pre-selected company that bore no liability for delivery delays. Although the equipment was actually delivered only in April 2019, the chief engineer ensured that the full payment of over UAH 4.4 million was made.
In 2018, the Dovzhenko Film Studio received over UAH 24 million in state funding to upgrade its technical base, particularly for purchasing TV and audiovisual equipment. A tender was held with two companies participating, and the winner, as expected, was M.I.K. LLC. At the end of December, a contract was signed between the studio and the company for the delivery of equipment, including ARRI ALEXA cameras with additional gear.
According to the contract, the equipment was to be delivered by the end of 2018. However, in collusion with representatives of the state enterprise, the winning company failed to deliver part of the equipment. Despite this, the studio’s responsible officials signed delivery notes and other documents falsely confirming full performance, after which nearly UAH 25 million was transferred to the private company’s account.
As a result, the studio received only part of the equipment, with shortages valued at over UAH 4.4 million. To conceal this, fictitious handover acts were prepared, allegedly for temporary use for setup and warranty repairs.
The director of M.I.K. LLC partially laundered the received funds by transferring them to his own and affiliated accounts under the guise of dividend payments. A significant portion was withdrawn in cash via PrivatBank, while the rest was used in the company’s business operations.
The defendants pleaded not guilty. They claimed the debt arose from commercial relations and was confirmed by a ruling of the Economic Court. They argued that the case had been initiated by competitors dissatisfied with their company’s tender victory and aimed at blocking its operations through the NABU. The dividend payments, they said, were justified by the company’s financial condition and the need to pay for the director’s father’s post-stroke treatment, denying the money laundering accusations.
The HACC found both defendants guilty. Parkhomenko was convicted under Article 191(5) of the Criminal Code of Ukraine and sentenced to 7 years and 6 months in prison, with confiscation of half of his property and a three-year ban on holding managerial positions. The charge under Article 366(1) was previously dropped due to the statute of limitations.
Minchuk was convicted under Articles 209(1) and 191(5) of the Criminal Code of Ukraine. He was sentenced to 8.5 years of imprisonment, with confiscation of property and a three-year ban on holding managerial positions.
