Vasil Kisil & Partners has successfully defended Valery Tomilenko in a public fund embezzlement case before the High Anti-Corruption Court in Ukraine.
According to VKP, “Valery Tomilenko, within the period from December 16, 2014, to April 29, 2015, was holding the position of the chairman of the board of the Public Joint-Stock Company State Food and Grain Corporation of Ukraine. In 2016 Mr. Tomilenko was arrested and further accused of embezzlement of public funds.” According to the firm, “the National Anti-Corruption Bureau and the Specialized Anti-corruption Prosecutor's Office alleged that Mr. Tomilenko had colluded with two heads of private enterprises and entered into two fictitious contracts for the supply of corn. Since the PJSC SFGCU made the advance payment, and the contracts were not performed on time, this, according to the law enforcement agencies, caused damage of almost UAH 90 million.”
On September 29, 2021, the High Anti-Corruption Court issued the acquittal of Mr. Tomilenko and the other two accused. According to VKP, “the HACC concluded that SAPO did not provide any evidence of collusion between the accused. As a result of the conclusion of these agreements, the PJSC SFGCU made a profit. The court also noted that economic activity is always associated with the risk of failure to fulfill its obligations and may cause damage to one or both parties to the agreement, but this does not make the parties of such an agreement criminals.”
The Vasil Kisil & Partners team included Partner Nazar Kulchytskyy, Senior Associate Andriana Kulchytska, and Associate Marko Holovach.