IMPARȚIALITATE·INTEGRITATE·EFICIENȚĂ
August, 27th, 2013
No. 751/VIII/3
Press release
The prosecutors of the National Anticorruption Directorate – Oradea territorial Service sent to trial the following defendants:
1. ODOBASIANU NICU SILVIU, Mayor of Beiuș Municipality (2000-2008), who was charged with the offences of abuse of office against the public interests when the public official obtained for another person a patrimonial advantage, fraud with very serious consequences and use of forgery, through repeated acts and activities,
2. BERINDEA CIPRIAN CĂTĂLIN, the administrator of the commercial company SC TOP CONSTRUCT GRUP SRL, who was charged with the offences of complicity to the abuse of office against the public interests when the public official obtained for another person a patrimonial advantage, three offences of fraud with very serious consequences of which two under the form of complicity, two offences of incitement to forgery of private documents, forgery of official documents and money laundering,
3. PANCU NICOLAE VIRGIL, construction supervisor at the commercial company la SC TOP CONSTRUCT GRUP SRL, who was charged with the offences of complicity to abuse of office against the public interests when the public official obtained for another person a patrimonial advantage, two offences of complicity to fraud with very serious consequences, three offences of forgery of private documents of which one committed through repeated acts and activities,
4. HASAN GELU LAURENȚIU, specialty inspector within the Mayor’s Office of Beiuș and technical responsible for the project implementation, who was charged with the offences of complicity to abuse of office against the public interests when the public official obtained for another person a patrimonial advantage, two offences of complicity to fraud with very serious consequences, two offences of intellectual forgery and forgery of private documents,
5. NICOLAE MARIA IOANA, chief of Budget – Finances Service within the Mayor’s Office of Beiuș and authorized person for the certification of expenditure regarding the respective project, who was charged with the offences of complicity to abuse of office against the public interests when the public official obtained for another person a patrimonial advantage, two offences of complicity to fraud with very serious consequences, two offences of false statements, three offences of forgery of private documents of which one committed through repeated acts and activities,
6. OAIE EMIL GHEORGHE, chief of the Planning and Investment Service within the Mayor’s Office of Beiuș, who was charged with the offences of complicity to abuse of office against the public interests when the public official obtained for another person a patrimonial advantage, two offences of complicity to fraud with very serious consequences, three offences of forgery of private documents of which one committed through repeated acts and activities,
7. IUHAS VIOREL, Vice-mayor of Beiuș Municipality (2000-2008), who was charged with the offences of complicity to abuse of office against the public interests when the public official obtained for another person a patrimonial advantage, complicity to fraud with very serious consequences, intellectual forgery and forgery of private documents,
8. MIHAILOVICI GIGEL, member of the work acceptance commission, who was charged with the offences of complicity to abuse of office against the public interests when the public official obtained for another person a patrimonial advantage and intellectual forgery,
9. CLINTOC MARIA RAMONA, member of the work acceptance commission, who was charged with the offences of complicity to abuse of office against the public interests when the public official obtained for another person a patrimonial advantage and intellectual forgery,
10. GABOR DORINA, member of the work acceptance commission, who was charged with the offences of complicity to abuse of office against the public interests when the public official obtained for another person a patrimonial advantage and intellectual forgery,
11. BOLOȘ MIRCEA, member of the work acceptance commission, who was charged with the offences of complicity to abuse of office against the public interests when the public official obtained for another person a patrimonial advantage and intellectual forgery,
12. CODREANU OCTAVIAN MIRCEA FLORIAN, member of the work acceptance commission (who held during 1996-2000 the position of Mayor of Beiuș Municipality), who was charged with the offences of complicity to abuse of office against the public interests when the public official obtained for another person a patrimonial advantage and intellectual forgery,
13. MATEI IOAN, supervisor of the construction site, who was charged with the offences of complicity to abuse of office against the public interests when the public official obtained for another person a patrimonial advantage, two offences of complicity to fraud with very serious consequences and two offences of forgery of private documents,
14. SOTOC NICOLAE, administrator al SC SUBTIL CONSULT SRL (a company which is responsible with the supervision of the construction site), who was charged with the offences of complicity to abuse of office against the public interests when the public official obtained for another person a patrimonial advantage, two offences of complicity to fraud with very serious consequences and two offences of forgery of private documents,
15. DOMOCOȘ ADRIAN NICOLAE, Mayor of Beiuș Municipality (2008-prezent), who was charged with the offences of fraud with very serious consequences and forgery of private documents,
16. COSTIN GHEORGHE, Vice-mayor of Beiuș Municiaplity (2008-2012), currently a Deputy in the Romanian Parliament, who was charged with the offences of fraud with very serious consequences, false statements, intellectual forgery and forgery of private documents,
17. IANCU OLIMPIA MIRELA, director of BRD Oradea-Branch E.Gojdu(the Romanian Development Bank), who was charged with the offences of complicity to fraud with very serious consequences.
The indictment drawn up by the prosecutors states the following facts:
During October 2007, the Mayor’s Office of Beiuș Municipality granted a public procurement contract through which the commercial company SC Top Construct Grup SRL Oradea undertook to perform "Priority works for the expansion and rehabilitation of water supply and sewage networks in Beiuș Municipality", for the price of 4,173,345.88 lei, to which VAT of 792,935.72 lei is added.
The works were to be performed within a program with 85% financing from the budget of the Ministry of Environment and Sustainable Development and 15% financing from the budget of the Mayor’s Office of Beiuș.
The state of facts shows that during November 30th, 2007 – November 28th, 2008, the representatives of the Mayor’s Office of Beiuș (the two Mayors who held their positions during this period of time, the two Vice-mayors, and the public officials within the Mayor’s Office) acted in the favor of the company SC TOP CONSTRUCT GRUP SRL Oradea by making possible for this company to obtain the sum of 1,248,120 lei (approximately 321,672 euro related to the average exchange rate of that time) for some works provided in the contract, which, in fact, were not carried out. The representatives of the Mayor’s Office acted in the favor of the company under the circumstances in which they had the real representation of the stage of the works.
In order to perform the works amounting to approximately 1 million euro (at the exchange rate of that time) SC Top Construct Grup SRL sent to the construction site opened at Beiuș between 4 and 6 employees.
Out of the above mentioned sum of money, which was unduly obtained from the public money by SC Top Construct Grup SRL Oradea, 1,248,120 lei (approximately 321,672 euro) represents the unrecovered prejudice caused to the state budget and the local budget of Beiuș Municipality. For the invoices issued by SC Top Construct Grup SRL amounting to 2,407,544 lei, invoices accepted by the defendants for payment, works amounting to 1.159.424 lei were carried out, with the unrecovered prejudice of over 50% of the amount of the works which were declared as having been carried out.
During the said period of time, the defendants Berindea Ciprian Cătălin and Pancu Nicolae Virgil submitted, on the account of SC Top Construct Grup SRL Oradea, documents showing false data (stages of works, invoices), in order for the Mayor’s Office of Beiuș to pay for some works which had not been carried out. The representatives of the Mayor’s Office of Beiuș, as the beneficiary of the works, confirmed the performance and acceptance of the works, accepting the fictitious state of facts.
By making use of documents showing false data and false statements, the mayors Odobasianu Nicu Silviu, respectively Domocoș Adrian Nicolae misled the Ministry of Environment and Sustainable Development requesting and obtaining sums of money for works which were not carried out by SC Top Construct Grup SRL.
The forged documents were confirmed by the signature of the Vice-mayor Iuhas Viorel and Vice-mayor Costin Gheorghe during the periods of time related to their mandates. The documents represented works acceptance reports, summary of work situations, statement on own responsibility by the beneficiary in order to certify the eligibility of the expenses, work progress report and activity report.
Regarding the other defendants, officials of the Mayor’s Office of Beiuș and local councilors, the prosecutors stipulated in the indictment that the defendants, as the members of the work acceptance commission, respectively people with responsibilities to supervise the good performance of the works, contributed to the above mentioned prejudice, by drawing up/certifying some documents showing unreal situations related to the performance of the works.
In other words, the representatives of the Mayor’s Office of Beiuș financed the commercial company SC Top Construct Grup SRL, which performed works paid from the public money, although the contract and the agreement signed with the Ministry of Environment and Sustainable Development clearly provided that the payment is to be made after the performance of the works.
These reimbursements and advance payments formed real loans, without interest, awarded to SC Top Construct Grup SRL, which transferred upon the state the risk related to the performance of the contract, thus causing a prejudice to the state budget and local budget of Beiuș Municipality amounting to 1,248,120 lei.
During January 9th -14th, 2009, by using a forged document, the defendant Berindea Ciprian Cătălin requested and obtained, from BRD Oradea - E.Gojdu Branch, the transfer of the sum of 758,025.88 lei, from the account of good performance guarantee of the company SC Top Construct Grup SRL, to the current account of the same company, of which withdrew subsequently in cash the sum of 635,500 lei, and used it for his personal interest. The defendant was helped by the defendant Iancu Olimpia Mirela, director of BRD Oradea- E.Gojdu Branch, who operated the transfer of the sum of 758,025.88 lei between the two accounts, on the basis of a forged letter received from the defendant, which was not signed by the main credit release authority, respectively the Mayor of Beiuș Municipality.
In order to recover the damage, the prosecutors ordered seizure measures over the assets belonging to all the defendants, except for the defendants Nicolae Maria Ioana, Clintoc Maria Ramona and Gabor Dorina (who were not identified as having movable and immovable assets).
The case was sent to the High Court of Cassation and Justice, taking into account that the defendant Costin Gheorghe has the capacity of the Deputy.
It should be mentioned that this stage of the criminal proceedings represents, according to the Criminal Procedure Code, the completion of the criminal investigation and the referral of the indictment to the court, for trial, a situation which cannot, under any circumstances, infringe the principle of presumption of innocence.
THE INFORMATION AND PUBLIC RELATIONS OFFICE
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