5.7 million AMD unlawfully taken from the Yerevan State University. The prosecutor sent the case to the court
May 11, 2023
In 2019, within the framework of the criminal case (proceeding initiated) regarding particularly large-scale abuses at the "Yerevan State University" Foundation (hereinafter referred to as the Foundation), new factual data was obtained regarding the process of purchasing equipment for the needs of the Foundation.
In particular, the preliminary investigation conducted by the Investigative Committee revealed that by the order of the Rector of the Foundation, dated 2016, an evaluation commission (hereinafter referred to as the Commission) was established to purchase household electric appliances for the needs of the Foundation. A.Gh. was included in the Commission as the President, M.S., K.M., S.H. as members and E.S. as the Secretary.
The texts of the announcement and invitation of the procedure for the procurement of electrical equipment through an open procedure were sent to the E-mail addresses of the persons who signed the framework agreement, and a deadline for accepting applications was set. Only the individual entrepreneur E.M., who is the husband of A.M., a procurement specialist of the Procurement Department of the Foundation, and "Marine-90" LLC submitted an application for participation in the tender.
On May 31, 2016, the members of the Commission requested E.M., who had submitted a minimum price offer, to submit documents justifying the compliance with the qualification criteria.
E.M., the husband of A.M., the procurement specialist of the Foundation's Procurement Department, for the purpose of disrupting the reality, being recognized as the winner of the tender, with negligence of supplying household electrical appliances that does not meet the technical specifications defined in the estimate of the purchase of electrical and radio engineering, as well as household equipment approved by the Rector of the Foundation on May 20, 2016, sent a letter to the Commission assuring that the technical specifications of the products correspond to the planned specifications.
The members of the Commission, based on personal interest, due to the circumstance of not announcing a new tender, contrary to the interests of the Foundation, in favor of E.M., decided not to reject the bid submitted by E.M., which clearly did not comply with the procurement procedures. At a result, E.M. obtained household electric appliances with different technical characteristics for 7 million 155 thousand 967 AMD (19 refrigerators, 17 TVs, 23 air conditioners), for which the Foundation wrote off 12 million 830 thousand AMD.
A transfer-acceptance act was drawn up between the individual entrepreneur of E.M. and the Foundation, in the name of the Rector, regarding the supply of specified products different from the technical specifications of the invitation. Afterwards, the foundation paid to the individual entrepreneur of E.M. 12 million 830 thousand AMD via bank transfer for the goods purchased by E.M. from another supplier operating in RA and directly supplied to the Foundation. As a result, E.M. fraudulently embezzled a particularly large sum of unjustified extra money: 5 million 674 thousand 33 AMD.
On April 28, 2023, during the preliminary investigation, a decision to stop the criminal prosecution was applied to the accused S.H. in the framework of RA Law «On Declaring Amnesty within Criminal Cases Related to the 2800th Anniversary of Foundation of Erebuni-Yerevan and the 100th Anniversary of Independence Declaration of the First Republic of Armenia» which came into force on November 6, 2018.
On April 20, 2023, the prosecutor initiated criminal prosecution against A. Gh., M.S. and K.M., under article 308, part 2 (abuse of official authority, which caused grave consequences) of the Criminal Code adopted on 18.04.2003 and against E.M., under article 255, part 3, point 3 of the same Criminal Code (particularly large-scale fraud).
On May 10, 2023, the bill of indictment was confirmed by the supervising prosecutor and transferred to the Anti-Corruption Court together with the materials of the proceedings.
Notice: A person charged with any crime shall be presumed innocent until proved guilty in the manner prescribed by the RA Criminal Procedure Code—by the judgment came into legal force.