IMPARȚIALITATE·INTEGRITATE·EFICIENȚĂ
August, 13th, 2014
No. 1194/VIII/3
PRESS RELEASE
The Prosecutors within the National Anticorruption Directorate - the Section for Combating the Offenses Connected to Those of Corruption have ordered the start of the criminal action against:
CRISTEA DUMITRU, a general director and credit officer within the al Energy Complex Turceni (C.E.T), at the date the acts were committed, charged with five offences of abuse of office, thus receiving undue benefits for himself or other, one of them committed through repeated acts;
ȘOVA DAN-COMAN, the legal representative of SCA "Șova and Associates", at the date the acts were committed, charged with three offences of complicity to abuse of office, thus receiving undue benefits for himself or other.
There are reasonable clues and data according to the following facts:
1. Regarding the charges against the suspect Cristea Dumitru,
- while acting as a general director and credit officer within the al Energy Complex Turceni (C.E.T), the suspect Cristea Dumitru closed with SCA "Șova and Associates", on the 23rd of July 2007, a contract of legal assistance, and of the 29th of December 2007, an appendix to that contract, thus breaking the law regarding the public tenders and that regarding the good financial management. Consequently, SCA "Șova and Associates" represented CER in common law litigations and thus caused to CET a prejudice in the total value of 644,075,60 Ron by decreasing the amounts allocated to the investments fund, proportional with the amounts illegally paid thus resulting in undue benefits for SCA "Șova and Associates".
- while acting as a general director and credit officer within the Energy Complex Turceni (C.E.T), the suspect closed on the 1st of November 2007, an appendix (for representing in the legal case CET vs. Electrica), to the legal assistance contract from the 23rd of July 2007, by breaking the law regarding the good financial management with SCA "Șova and Associates", contract resulting in a prejudice of 1,142,400 Ron for CET and undue benefits of the same value for SCA "Șova and Associates".
- while acting as a general director and credit officer within the Energy Complex Turceni (C.E.T), the suspect closed on the 13th of February 2008 another legal assistance contract with SCA "Șova and Associates" (regarding the CET vs. ICM - SC case for Closing – Preserving the Mines SA), by breaking the law regarding the good financial management, contract resulting in a prejudice of 1,242,018 RON for CET and undue benefits of the same value for SCA "Șova and Associates".
- while acting as a general director within the Energy Complex Turceni (C.E.T), the suspect closed on the 18th of February 2008, without being empowered by AGA or the Administration Council and by breaking the duties delegated to the general director through the order of the Ministry of Economy and Trade, closed with ICM a transaction resulting in CET having to pay to ICM total amount of 69,520,556 RON during 5 years, this resulting in a prejudice of 47,505,713,13 RON for CET by decreasing the amounts allocated to the investments fund, proportional with the amounts illegally paid by the liquidator.
- while acting as a general director within the Energy Complex Turceni (C.E.T), on the 27th of November 2007, without being empowered by AGA or the Administration Council, closed with Electrica representatives, this resulting in a prejudice of the total amount of 20,565,468,10 RON caused for CET.
The prejudice caused to the Energy Complex Turceni (CET) as result of the activities described above exceeds the amount of 71 million RON.
2. Regarding the charges against the suspect Șova Dan-Coman,
- During January – the 13th February 2008, within the CET vs. ICM - SC dispute for Closing – Preserving the Mines SA, interceded with Cristea Dumitru to close a separate contract for legal assistance regarding the respective dispute, thus contributing to his decision to illegally close, on the 13th of February 2008, the legal assistance contract between CET and SCA "Șova and Associates"; he also wrote the terms and conditions of the respective contract and signed on behalf of SCA "Șova and Associates", receiving undue benefits of the amount of 1,242,018 RON for the company (including the success fee).
- During the 2nd of October – the 1st of November 2007, within the CET - Electrica dispute, interceded with Cristea Dumitru to close a separate contract for legal assistance regarding the respective dispute, thus contributing to his decision to illegally close an appendix to the legal assistance contract; he also wrote the terms and conditions of the respective contract and signed on behalf of SCA "Șova and Associates", the company receiving undue benefits of the amount of 1,142,400 RON (including the success fee).
- During January – the 14th of February 2008, within the Energy Complex Rovinari (CER) vs. ICM - SC dispute for Closing – Preserving the Mines SA, interceded with the general director of CER, to close a contract for legal assistance regarding the respective dispute, thus contributing to his decision to illegally close the legal assistance contract, on the 14th of February 2008, between the Energy Complex Rovinari (CER) and SCA "Șova and Associates". He also wrote the terms and conditions of the respective contract and signed on behalf of SCA "Șova and Associates", the legal company receiving undue benefits of the amount of 1,071,336,80 RON (including the success fee).
The total value of the damage representing undue benefits in the favor of SCA "Șova and Associates", as result of the contracts of legal assistance closed with the 2 energy Complexes, Turceni and Rovinari, is estimated to 3,455,754 Ron.
The above mentioned suspects were informed about the charges brought against them according to the provisions of art. 307 of the Criminal Code.
The criminal action is in progress against other people involved in this case.
It should be mentioned that the opening of the criminal investigation represents a stage of the criminal proceedings regulated by the Criminal Procedure Code, carried out in order to create procedural framework for administration of evidence, an activity which cannot, under any circumstances, infringe the principle of presumption of innocence.
THE INFORMATION AND PUBLIC RELATIONS OFFICE