Montenegrin businessman Vladimir Popovic filed a criminal complaint against the Spanish company "Audax Energias Renovables SA" (formerly Ferse) to the prosecutor's office in Spain due to, as he stated, suspicion of fraud, embezzlement, concealment and deception "for his own benefit and that of public officials" in the business of building a wind farm ( VE) "Možura" in Montenegro.
In the criminal report submitted to "Vijesti", Popović states that all the transactions that the then "Fersa" carried out since arriving in Montenegro in 2007 were part of a "fraud plan" and serious enough to cause damage to the shareholders of "Fersa", state institutions and budget, while "individuals and legal entities involved in these events made illegal profits".
"Fictitious invoices were paid based on fictitious commission contracts," Popović wrote.
He told "Vijesti" that he turned to the Spanish prosecutor's office, "when there is no progress in Montenegro." He also sent the application to the Spanish Securities Market Regulatory Authority (CNMV).
Popović and his business partner Španac Karles Kolj Palou filed a lawsuit in October 2012 against "Fersa" and the consulting firm BWP Montenegro, whose representative was Milena Popovic, the daughter of a long-time union leader Danil Popović because they are asking for a commission for the fact that the Spanish company got the job.
They lost their case in the first-instance proceedings before the Basic Court in Podgorica, and then they appealed to the Higher Court in Podgorica. When the High Court rejected their appeals, they sought a review from the Supreme Court.
"Regarding the questions you sent us, which refer to the request for revision in the 'Možura' case, submitted to the Supreme Court by Vladimir Popović and Carles Coli Paola, we inform you that this case arrived at the Supreme Court on May 24, 2023 and that it is filed under the number: Rev. 439\23. The case is being worked on and has not yet been completed," the Supreme Court replied.
SDT is still scouting
The Special State Prosecutor's Office (SDT) has been investigating "Možura" for years.
In 2021, the SDT said that in the case of "Možura" three cases were formed and evidence and notifications in that case were collected, and expert examinations are underway.
"When the expert examinations are completed, and we have no need to rush, we will make a decision", said the special state prosecutor at the press conference on January 28, 2021. Milivoje Katnic who was arrested in April of this year on suspicion of creating a criminal organization and abuse of office.
The SDT did not answer the questions of "Vijesti" about the stage of the cases in the "Možura" case, whether the expert examinations were completed and what they showed.
The "Možura" project was launched in 2010, when "Fersa" and the company "Čelebić" from Podgorica signed an agreement with the Government on the lease of land and the construction of a wind farm.
"Fersa" and "Čelebić" (one percent share) sold the company "Možura Wind Park", which manages the wind farm, in February 2015 to the offshore company "Cifidex". "Cifidex" then sold the company to the Maltese company "Enemalta" at the end of 2015 without the consent of the Government of Montenegro. In Montenegro, the purchase price of 3,5 million was shown, and the investigation in Malta determined that the real price was 11,3 million euros.
Maltese investigators, as reported by the Maltese media, consider the difference between the displayed and the actual purchase price of 7,8 million to be the sum for the corruption of officials in Malta and Montenegro, which led to the fall of the Maltese government in 2020.
The murder of a journalist
The "Možura" project was investigated by a journalist Daphne Karuana Galicia, who died in a car bomb explosion in October 2017. Her son Metju Caruana Galicia he said in June 2020 that his mother also investigated those who were involved in that business in Montenegro.
Previously, Reuters reported that Dafne Caruana Galicia was investigating the offshore company "17 Black Limited" and their connection to the leaders of Malta. They stated that its owner is one of the richest entrepreneurs in Malta Jorgen Fenech, who was arrested at the end of November 2019 for his involvement in the murder of a journalist, and was later officially charged.
Reuters identified him as the founder of "Cifidex". Turaba Musajeva, one of the directors of the oil company of Azerbaijan SOCAR. And the Dafna Caruana Galicia Foundation discovered emails that connect Musajeva with "Cifidex" and "Možura".
In the application, Popović claims that the company "Cifidex" is actually the company "Black 17".
He reminds that in 2015 he informed the EU Delegation in Podgorica about the case and that if he had not done so "nobody would have known about the case of 'Možura'". After his letter, an investigation was launched by Europol.
He also states that on November 9, 2007, "Fersa" and the company "BWP Consulting SL" signed a contract for a commission of ten thousand euros in connection with the 100 MW wind farm.
"On November 18, 2020, in a proceeding initiated through the Legal Aid Commission of the court in Podgorica, in connection with the contract on commission, it was determined that the company 'BWP Consulting SL' and other companies that are part of that contract do not exist and have never existed ", he stated.
Despite that, as he added, "Fersa" paid the money on the basis of fictitious contracts.
Payment scheme
Popović and Palou previously told the media that they have a payment scheme which, they claim, shows that a commission of 10.000.000 euros was paid to various persons in Montenegro and which is "key proof of million-dollar corruption".
"In the scheme of the contract, the people who should collect the commission are clearly shown, as well as the lack of legal regulation for the contract of 10 million euros, which can clearly be understood as a gross form of corruption. From the scheme, you can see the name of Milena Popović, the daughter of long-time union leader Danilo Popović, as well as the president of the now renamed 'Fersa Audax', who needs to collect two million euros from his company, so to speak," Palou told "Vijesta" earlier.
Both he and Popović, as they said, are surprised why the court did not ask for statements from Danilo Popović and his daughter regarding the contract and payment scheme during the proceedings.
"Firstly because his name appeared on the payment scheme - a commission in the amount of 4.000.000, and secondly because his daughter was the general director of 'Ferse Montenegro', and at the same time the director of 'BWP Montenegro', which is also indicated in the contract that she was receiving a commission payment," said Palou.
The "Možura" wind farm near Ulcinj, worth around 90 million euros, started operating in mid-November 2019. It consists of 23 windmills, and annually produces about 120 GWH of energy, the Government announced at the time. The investment was realized by the Maltese state company "Enemalta" and the company "Malta Montenegro Wind Park", and the main contractor was the Chinese company "Shangai Electric Power Engineering".
"All transactions were part of a fraud plan"
Popović states in the criminal complaint that it is clear from everything that all the transactions carried out by "Audax Renovables" (Fersa) since arriving in Montenegro in 2007 were part of a fraud plan serious enough to cause damage to "Fersa" shareholders, state institutions, state treasury and others, while individuals and legal entities involved in these events made illegal profits.
"Fictitious invoices were paid based on fictitious commission contracts. "A property owned by the state of Montenegro under the name 'Mozura Wind Park' was sold illegally and without a permit," claimed Popović.
That asset, owned by the state of Montenegro, was sold to an offshore company called "Cifidex", whose legality, he adds, is questionable, considering that its establishment could have been aimed at several criminal acts, such as money laundering, fraud , financing of terrorism, corruption and bribery, manipulation of markets, falsification of financial information, as well as violation of local regulations.
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