IMPARȚIALITATE·INTEGRITATE·EFICIENȚĂ
October, 13th, 2009
No. 251/VIII/3
Press release
The prosecutors within the National Anticorruption Directorate sent to trial the following defendants:
DAN MIHAI TOADER, former President of the Board of Directors and General Manager of the Romanian Post National Company SA (C.N.P.R), who was charged with the offence of abuse of office against the public interests, if the functionary obtained a patrimonial advantage for himself or for another, an offence committed through repeated acts and activities and with serious consequences,
LEPĂDATU EMANOIL, former executive economic director of C.N.P.R. SA, who was charged with the offence of abuse of office against the public interests, if the functionary obtained a patrimonial advantage for himself or for another, an offence committed through repeated acts and activities and with serious consequences,
MARINESCU ANDREI, former executive director of the Direction for Strategic Development within C.N.P.R. SA, who was charged with the offence of abuse of office against the public interests, an offence committed through repeated acts and activities and with serious consequences,
PINTILIE NECULAI, administrator at S.C. CONTINENTAL ASIG S.A., who was charged with the offences of:
- complicity to abuse of office against the public interests, if the functionary obtained a patrimonial advantage for himself or for another, an offence committed through repeated acts and activities and with serious consequences,
- money laundering,
- tax evasion,
MOISĂ DANIELA, administrator at S.C. PRONOVA S.R.L., who was charged with the offences of:
- complicity to abuse of office against the public interests, if the functionary obtained a patrimonial advantage for himself or for another, an offence committed through repeated acts and activities and with serious consequences,
- money laundering,
- tax evasion,
PĂCURARU MARICEL who was charged with the offences of:
- complicity to abuse of office against the public interests, if the functionary obtained a patrimonial advantage for himself or for another, an offence committed through repeated acts and activities and with serious consequences,
- money laundering,
DITCOV IULIAN, administrator at S.C. GENIUS NETWORK S.R.L., who was charged with the offence of money laundering,
BEŞCHEA LUCIAN, who was charged with the offence of complicity to abuse of office against the public interests, if the functionary obtained a patrimonial advantage for himself or for another, an offence committed through repeated acts and activities and with serious consequences.
The indictment drawn up by the prosecutors stated the following facts:
During 2006, the defendants Toader Dan Mihai, Lepădatu Emanoil and Marinescu Andrei, in their capacity as President of the Board of Directors and General Manager, Executive Economic Director, respectively Executive Director of the Direction for Strategic Development within C.N.P.R. S.A., they initiated and approved the signing of six insurance policies for the employees of the Romanian Post for risks such as: accidents, occupational diseases, health risks, etc. The policies were signed between the Romanian Post National Company SA and S.C. ALLIANZ ŢIRIAC ASIGURĂRI S.A., S.C. ASTRA ASIGURĂRI S.A. and S.C. OMNIASIG VIENNA INSURANCE GROUP by infringing the regulations of C.N.P.R. S.A. and the general and specific conditions regarding life insurances.
Thus, they caused a prejudice to the Romanian Post at the value of 14,387,819.59 lei (the equivalent of approximately 4,087,448.74 euro).
The defendants Pintilie Neculai, Moisă Daniela (in their capacity as administrators of S.C. CONTINENTAL ASIG S.A. and S.C. PRONOVA S.R.L.) and Beşchea Lucian, participated fictively, as intermediaries, in the signing of these policies, thus illegally benefiting from the total amount of 6,944,765 lei, representing the intermediation commission. The defendant Păcuraru Maricel received the total amount of 6,781,465 lei. Moreover, Păcuraru Maricel received the sum of 1,741,500 lei, which he used for his personal interest and he transferred it to other natural or legal persons even though he was aware of the fact that this money was a result of criminal offences.
On their turns, knowing that the origin of the money was the illegal signing of insurance policies, the defendants Pintilie Neculai, Moisă Daniela and Ditcov Iulian registered in accounting books of the companies administrated by them (and controlled by Păcuraru Maricel) the total sum of 12,892,273.86 lei, which they subsequently transferred, by using different methods, to other natural or legal persons, in order to cover its illicit origin.
The defendants Pintilie Neculai and Moisă Daniela registered fictive expenditure in the company’s accounting books, evading the payment of taxes on their profit to the state budget at the total value of 2,313,439 lei.
C.N.P.R. S.A. constituted itself a civil party in the criminal case with the amount of 9,048,370 lei and the National Agency of Fiscal Administration constituted itself a civil party with the amount of 8,983,353.56 lei.
In order to recover this prejudice, the prosecutors ordered the enforcement of ensuring measures regarding the goods owned by the defendants Toader Dan Mihai, Marinescu Andrei, Lepădatu Emanoil, Păcuraru Maricel, Beşchea Lucian, Moisă Daniela, Pintilie Neculai, as well as the individual ownership interest of a building in Bucharest owned by S.C. PRONOVA S.R.L.
The file was sent to the Bucharest Tribunal.
It is worth mentioning that according to the Criminal Procedure Code, this is the final stage of the criminal investigation when the indictment is sent to the court for the trial and this situation cannot, in any way, infringe the principle of presumption of innocence.