Telekom affair stale in drawers: SDT rejects MANS' complaint against Milo Đukanović, his sister Ana and others

After more than six years in the Special State Prosecutor's Office, the "Telekom" affair has reached an epilogue - special prosecutor Ana Perovic-Vojinovic dismissed the criminal complaint filed by the Network for the Affirmation of the Non-Governmental Sector (MANS) against the former head of state Milo Đukanović, his sisters Ana Đukanović and several other individuals, whom the NGO suspected of abuse of official position, accepting bribes and creating a criminal organization.

This decision, "Vijesti" learned, was made at the end of July.

According to the editorial office, Perović-Vojinović stated in her explanation, among other things, that the statute of limitations for some of the criminal offenses for which MANS charged Đukanović and others had expired 15 years ago, while some had expired a little over four years ago.

The previous acting prosecutor in that case was Sasa Cadjenovic, who is being charged by his fellow special prosecutors with committing the criminal offense of creating a criminal organization and multiple criminal offenses of abuse of official position.

Criminal charges were also dropped against a former Telekom representative. Oleg Obradović, “Eurofonda” Veselin Barović, the company “Monte Adria” Damjan Hosta and "Hungarian Telecom" Tomas Morvai.

The state-owned company Crnogorski Telekom was sold to "Mađar Telekom" in 2005 for 114 million, of which XNUMX million were allocated for a subsidy for the purchase of shares of minority shareholders.

In March 2014, the United States Embassy officially confirmed that its Securities and Exchange Commission (SEC) had found evidence of bribery in Montenegro in the privatization of Telekom. In April 2015, the prosecution received documentation from the United States. From that year, until early 2015, special prosecutors explained that they were waiting for the translation of that documentation...

Former Chief Special Prosecutor Milivoje Katnic, now charged with the crimes of creating a criminal organization and abuse of official position, claimed in early 2019 that Milo and Ana Đukanović were not involved in the fraud surrounding the sale of Crnogorski Telekom...

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In the criminal complaint filed by MANS in March 2019, the Đukanovićs and others are charged with "organizing a criminal group, using the economic and business structures of Montenegro, and influencing the executive branch to ensure that the Government of Montenegro enabled 'Mađar Telekom' to purchase shares of minority shareholders on more favorable terms and thus acquire two-thirds of Telekom CG's shares, which was a condition for purchasing the state's share package in the company."

"They then created false - simulated contracts through which the reported Milo Đukanović and other currently unidentified persons were paid a bribe in the amount of 7,4 million euros, which they acquired, held and used with the knowledge at the time of receipt that the money originated from a criminal offense, while simultaneously falsely presenting the facts about the nature of the money paid as a bribe and falsely presenting that it was money paid for services performed," the report states.

MANS also stated at the time that the condition for the purchase of Crnogorski Telekom by "Mađar Telekom" was that they be allowed to purchase two-thirds of the shares, which was contrary to the conditions prescribed by the tender.

The NGO then announced that the tender commission had noted in its report that "Mađar Telekom" had included an additional offer in its bid, in which it "intends to offer minority shareholders 51 million euros or 2,2 euros per share for the purchase of their shares."

"Because of all the above, the Tender Commission commented in its report that these are material changes of such a nature that, apart from the sellers and the subject of the sale, they represent a completely new contractual relationship, in which the position of the sellers, due to their increased liability on the one hand and the buyer's authority to seek compensation on the other, is extremely unfavorable," the application states.

SECRET MEETINGS AND SIMULATED AGREEMENTS

It also states that "in order to implement the conditions set by 'Mađar Telekom', a secret meeting was held in Podgorica on January 12, 2005, attended by Oleg Obradović, Veselin Barović as a representative of Eurofond, the reported Damjan Hosta as a representative of Monte Adria, Tamaš Morvai as a representative of Mađar Telekom, and Johannes Solih and Silvije Radišić as consultants to Mađar Telekom in the process of purchasing Telekom CG."

"After the meeting, Obradović agreed with Đukanović and other unidentified government figures that the government would pay minority shareholders of Montenegrin Telecom 0,3 euros per share."

MANS also claimed in the report that on the same day, "January 12, 2005, Obradović held another meeting, this time with the director of a consulting firm that advised Hungarian Telekom on the privatization of Montenegrin Telekom, where it was confirmed that the Government should pay 0,3 euros per share to minority shareholders."

"All of the above stems from evidence presented at the hearing of the directors of Magyar Telekom in the USA, as part of the legal proceedings against the three directors before the Federal Court in Manhattan," the complaint states.

It is added that after that, "in order to pay bribes to those who ensured that 'Mađar Telekom' acquired two-thirds of Telekom CG's shares on favorable terms, Mađar Telekom concluded two simulated contracts with the companies Fiesta and Aktiva, while Telekom CG and related companies concluded two simulated contracts with the companies Sigma and Roli. The subject of all four contracts was the performance of alleged consulting services."

"Part of the bribe in the amount of 580.000 euros was paid through the reported Ana Đukanović (then Kolarević)."

Magyar Telekom has acknowledged and accepted responsibility before US authorities for the actions of its officials, including responsibility for signing the contract with Sigma.

"This contract was signed on behalf of Mađar Telekom by the applicant Tomaš Morvia and backdated it, i.e. did not state the true date when it was drawn up, in order to enable the payment of the amount of 580 thousand euros to the applicant Ana Đukanović for services that she did not provide and which were provided, at significantly lower prices, by Mađar Telekom's internal and regular external advisors," the MANS application states.