IMPARȚIALITATE·INTEGRITATE·EFICIENȚĂ
January, 22nd, 2015
No. 122/VIII/3
In addition to the Press Release no. 118 from January 22nd 2015, the Information and Public Relations Office is authorized to state as follows:
The prosecutors of the National Anticorruption Directorate – the Section for Combating the Offences Connected to Those of Corruption have started the criminal investigation against the following people:
1. GREBLA TONI, who was charged with the following offences:
- traffic of influence, committed through repeated acts,
- two offences of conducting financial operations as trade acts which are incompatible with his/her position, in order to obtain for himself/herself or for someone else money, goods or other undue benefits,
- setting up an organized crime group (setting it up in order to prepare the offence of using falsified customs documents of transport or commercial at the customs authority).
2. BÎRCINĂ ION, administrator of several commercial companies, who was charged with the following offences:
- buying of influence, committed through repeated acts,
- setting up an organized crime group (setting it up in order to prepare the offence of using falsified customs documents of transport or commercial at the customs authority),
- giving bribe.
3. CONSTANTIN BARTOLOMEU SĂVOIU, who was charged with the offence of setting up an organized crime group (setting it up in order to prepare the offence of using falsified customs documents of transport or commercial at the customs authority)
4. DOLGHI VICTOR, citizen from the Republic of Moldova, who was charged with the offence of setting up an organized crime group (acceding to it in order to prepare the offence of using falsified customs documents of transport or commercial at the customs authority)
6. IANCU IULIAN, Deputy with a management position within a party (member of the National Council of the respective party, which is a management body according to the statute of that party), who was charged with the offence of using the influence by a person who has a management position within a party, in order to obtain for himself/herself or for someone else other benefits,
7. ŞOVA LUCIAN, Deputy with a management position within a party (Vice-President of the Bacău organization), who was charged with the offence of using the influence by a person who has a management position within a party, in order to obtain for himself/herself or for someone else other benefits,
8. HĂHĂIANU HORIA, Director within TRANSELECTRICA S.A, who was charged with the following offences:
- complicity to the offence of using the influence by a person who has a management position within a party, in order to obtain for himself/herself or for someone else other benefits,
- taking bribe.
From the prosecutors’ ordinance it has resulted that there are data and clues according to which there is a reasonable suspicion contouring the following state of facts:
During 2010 – 2015, the suspect Toni Grebla, acting as a Senator within the Romanian Parliament (up to the 18th of December 2013, when he started his mandate as a judge within the Constitutional Court) and later a judge within the Constitutional Court, claimed and received from the administrator of several commercial companies, as undue benefits, the following items:
- during 2010 – 2015, the right to use free of charge and the payment of maintenance and insurance costs for a BMW Series 5 car, (registered in different stages for several companies controlled by the businessman), in the equivalent of 56,070 euro;
- during 2010 – 2015, the free use of a phone line, registered on one of the companies controlled by the businessman
- on the 2nd of November 2011, the amount of 1,200 ron (the equivalent of costs of outfits);
- In October 2012, election materials related to the election campaign related to the parliamentarian elections, for posting 20,000 posters
The undue benefits were received in exchange for the promise to intercede and determine different public servants to perform and rush several acts that were part of their job duties, in the favor of the companies controlled by the businessman, with interests in different fields of activity (energy, transport, scrap iron etc).
During 2010 – 2015, the suspect Toni Grebla, acting as a Senator within the Romanian Parliament (up to the 18th of December 2013, when he started his mandate as a judge within the Constitutional Court) and later a judge within the Constitutional Court, practiced activities that were specific to his status as deputy (receiving equities), administrator (representing the company) and CEO (trade activities), disguised by means of middlemen, thus breaking the incompatibility regulations (regarding the incompatibilities of the judge within the Constitutional Court and those of the Senator).
It was concluded that the suspect Toni Grebla performed sustained trade activities, directly or with the help of middlemen, and acted as a partner, respectively administrator / CEO, with regards to an agricultural farm located in Gorj county and with regards to a commercial company, operating in the electricity production field.
Together with other people, the suspect Toni Grebla formed an organized criminal group in order to initiate trade relations (export of agricultural-food products) in between Romania – the Russian Federation, by interposing Turkey, in order to evade Russia’s decision to appoint a one-sided embargo upon the import of agricultural-food products coming from the European Union.
In order to achieve this, the members of the group met several times, both in Romania and abroad, by acting coordinately in order to fulfill the purpose they joined forces for. During 2014 – 2015, they started to organize themselves in order to perpetrate the offence of using, by the custom authority, of custom forged transport and trade custom documents, according to the provisions of art.273 of the Law no.86/2006 – Custom Code.
Starting with August 2014, the judge Grebla Toni took steps to mediate an export commercial link among the businessman Bîrcină Ion (a relative of his), a Turkish citizen, a Moldovan citizen called Victor Dolghi and Constantin Bartolomeu Săvoiu.
The five above mentioned people set up an organized crime group for the purpose of conducting commercial activities (export of food and agricultural products) between Romania and the Russian Federation, through Turkey, in order to evade the unilateral embargo established by Russia regarding the import of food and agricultural products coming from the European Union.
In fact, Russia's unilateral embargo is a response to the fact that the European Union established an autonomous regime of sanctions against Russia.
For achieving this goal, the members of the group met repeatedly both in Romania and abroad, acting in a coordinated manner.
During 2014 – 2015, they conducted the preliminary acts with a view to commit the offence of using falsified customs documents of transport or commercial at the customs authority, an offence provided by article 273 of the Law no. 86/2006 – the Customs Code.
The suspect Ion Bîrcină together with people from his entourage took steps to purchase products from different commercial companies specialized in processing and preserving food (slaughterhouses), in order to sell them in the former Soviet countries.
Moreover, Ion Bîrcină, together with a Turkish citizen and with the support of Bartolomeu Constantin Săvoiu (who had important connections in the Turkish businessmen community), organized several discussions for conducting commercial operations (export of cereals, construction materials and /or mining products) in the Russian Federation and the Republic of Moldova.
On the other hand, during October – November 2012, the suspects Iancu Iulian and Şova Lucian, using their management positions in a party, interceded with Hăhăianu Horia – Director within TRANSELECTRICA S.A. so that the latter would use his influence on the management of S.C. ENERGOMONTAJ IEA – SUCURSALA BUCUREŞTI S.A. (economic agent conducting commercial activities with CNTEE TRANSELECTRICA S.A.), to support the transport fees of S.C. TRANSMOLDOVA S.R.L. Oneşti for the Bacău organization of a political party, on the occasion of an electoral trip to Bucharest which took place on October 17th 2012 (Bacău – Bucharest and back), the transport fees requested by the transport company being of 80 lei / person.
The result was that the transporter S.C. TRANSMOLDOVA S.R.L. Oneşti invoiced transport services amounting to 10,000 lei with VAT.
Similarly, the suspect Iancu Iulian requested Hăhăianu Horia to support him in financing a monument in the County of Bacău, Lipova Commune, activity which was assumed by the Deputy Iancu Iulian. This approach aimed at politically promoting both Iancu Iulian, and the Bacău organization of the political party in which he was a member.
In exchange for the undue benefit thus obtained for himself and also for someone else, as a result of the interceding performed by the two members of the political party, Iancu Iulian promised his support in the future to Hăhăianu Horia, for obtaining some positions in case that in December 2012, according to the proposals, he would have become the Minister of Energy.
Furthermore, Bîrcină Ion “lent” an important sum of money to the Director of CN TRANSELECTRICA SA, Hăhăianu Horia, and the latter could not return the loan.
On the other hand, Hăhăianu Horia justifies the impossibility to return the loan because someone else (a loan shark) put pressure on him to return another loan.
Under these circumstances, Bîrcină Ion committed to mediate with the other creditor the postponement of paying the loan by Hăhăianu Horia by invoking the fact that his own “loan” hadn’t been paid.
The wealth statement of the General Director Hăhăianu Horia stipulates that, even though he had considerable debts to the banks (over 100,000 euro) he did not declare his debts to natural persons (therefore, neither the one to BÎRCINĂ ION, nor to the other creditor), the only debts to natural persons being to one of his relatives and amounting to 85,000 euro.
In exchange for these undue benefits, Hăhăianu Horia, in his capacity as General Director of SC TRANSELECTRICA SA, supported a company controlled by Bîrcină Ion, for the latter to obtain in association, a procurement contract. Hăhăianu Horia influenced the criteria for awarding the contract through the note no. 3575/01.02.2012.
Moreover, based on the same relation with Hăhăianu Horia, Bîrcină Ion obtained for another company of his a contract with SC TRANSELECTRICA SA, having as object the selective collection of waste - disposal and recycling of waste from operating centers and from the headquarters of CNTEE TRANSELECTRICA.
The above mentioned people were informed about their legal status and charges, according to the provisions of article 307 of the Criminal Procedure Code.
In the investigation of this case, the prosecutors benefited from the support of the Department for Intelligence and Internal Protection of the Specialized Brigade for Interventions of the Gendarmerie.
It should be mentioned that the carrying out of the criminal investigation represents a stage of the criminal proceedings regulated by the Criminal Procedure Code, an activity which cannot, under any circumstances, infringe the principle of presumption of innocence.
THE INFORMATION AND PUBLIC RELATIONS OFFICE