“The defendant Nevzlin L.B., during the preliminary investigation, in the course of interrogations, in the capacity of a witness, on March 31, 1999, September 9, 1999, March 30, 2000, said that he, from 1998, has been holding the position of the first deputy of the president of the board of the oil company Yukos, is one of the main shareholders of the company. During his work in the company he oversaw directions connected with formation of a climate of the stuff, interactions with the press and public, and security service of the company. Leaders of the company Yukos didn’t agree with the conditions of the agreements concluded by the previous administration of “VNK’ with ‘East Petroleum’, believed them to be economically unprofitable for “VNK’.
In February 1999,
a letter from Rybin was delivered to the oil company Yukos, in which, as it
seemed to him, there was a hidden threat to Khodorkovsky, so, in connection
with that, he personally gave instructions to representatives of the security
service to tackle the issue and to clarify it. He is not acquainted with Rybin
Y.L., neither he personally, nor other representative of the oil company Yukos
have anything to do with the attempted murders on his life. He thinks that the
crimes against Rybin Y.L. are connected with his previous activities or were committed by third persons with the
purpose to discredit the oil company Yukos.
(Volume No 45, pages of the file 70-73; volume No 47, pages of the file
239-240, 241-242)
Accused of organizing these crimes by the Verdict of the Moscow City Court of August 6, 2007, Pichugin A.V., refused to give evidence having used the right provided by Article 51 of the Constitution of the Russian Federation.
In spite of that, the guilt of the defendant Nevzlin L.B. of organizing these crimes is corroborated by the following proofs:
- Testimony of the affected Rybin Y.L. given repeatedly during the preliminary investigation, including in this vert court, from which it follows that he, from 1994, executive officer in the investment company ‘East Petroleum Handelsgaz m.B.H.’. In January 1998, his company entered into business relations with the oil company Yukos which had acquired a packet of shares of “Est Petroleum Investment Company’ (further on ‘BNK’), which included OJSC ‘Tomskneft’, JSC ‘Achinsky Oil Refinery’, ‘Tomsk Oil-Chemical Plant’, network of enterprises dealing with oil sales. As the result of this purchase, the oil company Yukos started to effectuate outside management of the OJSC ‘Tomsknetf’ with which the company “East Petroleum Handelsgaz m.B.H.’ had a continuing contract on mutually compatible activities.
At the end of January, beginning of February 1999, by an illegal decision of the oil company Yukos, on a unilateral basis, by the decision of the leadership of the oil company Yukos all effects of the contracts concluded by the company ‘East Petroleum Handelsgaz m.B.H.’ with the OJSC ‘Tomskneft’ were suspended, and the motive of this decision was that it was necessary to carry out an audit of correctness of the contracts. As the result of these illegal actions from the part of the oil company Yukos oil deliveries were stopped, and all movements of accrued developments were stopped. From the part of the company headed by him, repeated claims were sent demanding the fulfillment of the conditions of the current agreements.
At the end of March, 1998, both sides created working groups for settling these issues. From the part of the oil company Yukos, the group was headed by vice-president Kasakov V.A., and from their side the director of the Moscow Subsidiary Dergunov V.K. In October 1998, consensus papers were prepared. During all this time, the oil company Yukos didn’t fulfil the agreements and disposed of the received benefits. Later on, the leadership of the oil company Yukos, in the person of Mikhail Khodorkovsky, refused to sign the prepared documents. A vast correspondence and repeated negotiations had no results.
In October 1998, their commission initiated legal claims with regard to one-sided suspension of the agreements by the oil company Yukos, one claim was to the amount of 86 million US dollars, and the other to the amount of 24 million US dollars. From the side of the oil company Yukos, brightly expressed actions were undertaken for ‘delaying’ court sessions, that is, needed documents were not presented in time, demands were made to discuss matter of argument in the Arbitration Court in Vienna, but in Moscow, where, at that time, representatives of oil company Yukos decided any question to their benefit. He personally undertook all possible measures prescribed by the law in order to stop actions of ‘total lawlessness’ of the leadership of the oil company Yukos. Specifically, he made several critical, unmasking statements if the press at the address of the oil company Yukos, and in several days after the publications, on 24.11.98, the first attempted murder against him was executed.
During the whole day of 24.11.98, he was at the meeting in the office of the oil company Yukos, that was conducted by Filimonov A.I. After the meeting, Filimonov proposed to come to his place and sent a invitation note to him. He has been acquainted with Filimonov for about 25 years, and earlier he visited him one or two times. About 9.00 a.m., he, on his office car driven by his chauffeur Yury Galkin, came to Filimonov’, home, at the address Udaltsova Street, 30 in Moscow. He stayed at Filimonov until about 10.00 p.m., and they, as a matter of fact, practically, didn’t discussed any business questions.
Having come out of the entrance of Filimonov, house, he came up to his car, in which sat his chauffeur. At this moment, he saw that an unknown man was moving towards him carrying a package in his hand. The man stopped at the distance of 20 meters, unpacked his package, and he saw that the man was holding an assault rifle in his hands. That man made several targeted shots. He immediately hit himself behind the car and then rushed to the entrance of the house. While he was running to the entrance, he looked at the man running in the opposite direction, and remembered him well.
With regard to this fact, a criminal case was launched, and Nikulinskaya Inter-district Prosecutor Office was dealing with it. During the period of the investigation, through his acquaintances in the oil company Yukos, he learned that the vice-president Yegorov, who had previously worked in the Moscow Criminal Investigation Department (MUR), in every possible way, tried to influence offices of law enforcement agencies so that they would ‘run this criminal case into the ground’. Having decided to inspect the status of the investigation, he approached the Nikulinskaya Prosecution Office where he learned that the criminal case had been recharacterized from murder to hooliganism. Police offices, in their turn, exerted influence on him and demanded from him to write a request about non-launching a criminal case, as no bodily hard had been inflicted to him.
Having learned that representatives of the oil company Yukos were interfering in this criminal case, he assured himself about the involvement of representatives of the oil company Yukos in organizing the attempted murder against him. To guarantee his security, he was forced to turn to the Ministry of Interior of the Russian Federation, and after that, in accordance with a concluded agreement, four police officer were provided for his defense.
From November 25, 1998, for reasons of security, didn’t tell anybody about itineraries of his movements, that is, after the work, nobody knew when he would get home and what itinerary he would follow. A constant influence was being put on him and his family, expressed in very different forms. He personally always saw shadowing of him. In the spring of 1999, when he was in his home in the community Nikolo-Khovanskoye, he noticed a red point, a spot of a laser-controlled aimer – having understood that he was stalked, he fell to the floor and drew the curtains.
In the apartment of his parents at the address Leninsky Prospect, house XX in Moscow, glasses were broken by unknown person and a someone else’s diplomat-case with documents was stolen. Lost were documents relating to his battle with the oil company Yukos, and they were taken from a safe in his office. In February 1999, at the moment, when he, together with the worker Tarasov on a tractor, was removing snow near his estate, he saw a SUV Toyota ‘Land Cruiser’ that first stayed and then passed by – the car was black, with registration number 002. There were three men in the car, and he managed to see very clearly one of them, who was sitting next to the driver. He had seen this man earlier, approximately, in December 1998 or January 1999, in the vicinity of his estate, only this time he had been sitting in a car ‘Niva’, of bright color. Later on. He recognized him – it was Tsigelnik (Shertsov).
The lawyer Dobrovinsky A.A. representing the interests of the company ‘East Petroleum Handelsgaz m.B.H.’, twice warned him of attempted murders in preparation against him. First, in the spring of 1999, shortly before the second attempted murder against him, and the second attempt was, approximately, in half a year. The information what was provided by Dobrovinsky, was not of precise character, so, even before that, he had understood that a murder attempt could be stages against him. Dobrovinsky reported that he had received this information from an unknown man, who, clearly had a relation to the criminal world.
On March 5, 1999, about 18.30 o’clock, he, in the car ‘Volga’ driven by his chauffeur Fedotov and accompanied by two bodyguards Ivanov and Filippov, drove out of the office of the company ‘East Petroleum Handelsgaz m.B.H.’. About the fact that he was going not to his house, but to his relatives, new only another chauffeur Galkin, but he didn’t know the exact time, but he was to meet at 04.00 p.m. his wife at the airport and drive her to the relatives. When they came to the house of the wife of the older brother of Rybin L.N. living at the address Vernadsky Prospect, house XX, apartment XX, in Moscow, he proposed to the bodyguards to leave and to wait to his call, so the=at they can accompany him on his way home. Approximately, in 20 minutes, Galkin Yury called his wife at home and said that the car, in which he was to have been in, had been blown and fired at from fire arms. He thinks that both attempted murders against him were organized by representatives of the oil company Yukos, and here are reasons:
- among the firms that his company cooperates with, only the oil company Yukos has large arrears amounting to millions of US dollars;
- in order to collect the debt, his company has initiated a series of claims in Russian and International courts;
- having examined financial activities of the oil company Yukos, he found out that the main part of money was being stolen, and taxes to the budget were not paid. About activities of the oil company Yukos he sent corresponding letters to the State Duma, Moscow Region Duma, Administration of the Moscow Region, Finance Ministry, Federal Security Service (FSB) and Office of the prosecutor General of Russia. Apart from that, at that moment, he prepared a big letter about the activities of the oil company Yukos to the prime minister Primakov. To prevent him from giving detailed explanation to the mentioned agencies, leaders of the oil company Yukos initiated an ‘order’ with the purpose to get rid of him;
- in the press were being published numerous articles disclosing the activity of the oil company Yukos, they were published with signatures of thought out shareholders, yet all people concerned, including the leadership of the oil company Yukos, knew that this information stemmed from his company;
- four times he addressed in written form to the head of the oil company Yukos Khodorkovsky with a quest to receive him, to give him an opportunity to clarify his position, to hear and find a compromise on matters of argument. There was no answer to that, neither oral, no in written form. And only in September 1998, on of Khodorkovsky’s deputies, Kasakov V.A. reported to him that Khodorkovsky would not meet him, as he had to answer something, but he had nothing to respond and to promise. Kasakov advised him not to lose time, bug go to court adding that he had no doubts that his side would win.
His close acquaintance and colleague, general director of the oil company ‘TNV’ Berlyand A.A., killed on 20.10.1998, told him about a constant pressure on him from the part of the oil company Yukos, in particular, he mentioned a man, representative of the security service of the oil company Yukos, who threatened him trying to tilt toward illegal actions to the benefit of the oil company Yukos. This man he later recognized as Pichugin A.V.
Rybin directly
pointed at the leadership of the oil company Yukos, namely at Khodorkovsky M.B.
and Nevzlin L.B. as ordering customers of the attempted murder against him, and
at Reshetnikov Y.V. and Tsigelnik (Shevtsov) Y.A. as at executors.
(Volume No 8, pages of the file 255-258; volume No 43, pages of the file 5,
16-19, 116, 127, 111-112, 154; volume No 44, pages of the file 83-91, 50-57,
110; volume No 44, pages of the file 181-183, 201-203, 215-218, 236-238,
239-244; volume No 42, pages of the file 55-58, 121, 125; volume No 45, pages
of the file 187, 190-209, 215-218; volume No 47, pages of the file 38-70,
87-90, 91-93, 94097, 98-99, 100-102, 103-104, 106; volume No 50, pages of the
file 38, 40-42, 46-50, , 53, 54, 76-81;
volume No 53, pages of the file 1-7, 9-18, 19-23, 24-33,; volume No 54, pages
of the file 1-6, 13-15, 89-91, 107-109, 118-122; volume 55, pages of the file
74-176, 177-178; volume 56, pages of the file 33-35, 160-162; volume No 60,
pages of the file 116-118; volume No 61, pages of the file 16-18, 19-22,
141-142; volume 63, page of the file 1,2, 4-88 volume No 65, pages of the file
1-3, 11-14; volume No 73, pages of the file 21023; volume No 76, pages of the file 4-5, 6-16, 160-162; volume No 78,
pages of the file 96-98)
- Protocol of
presenting a person for recognition of 28.04.2004, according to which Rybin
Y.L. confidently recognized Pichugin A.V. as a man who Berlyand had pointed
at and had said that this had been an employee of the oil company Yukos who had
been threatening him, and said that he was very afraid of him.
(Volume No 57, pages of the file 62-68)
- Protocol of the
face to face confrontation between Rybin Y.L, and Pichugin A.V., according to
which Rybin confirmed his earlier testimony, and Pichugin demonstrably refuse
to take part in the investigative action.
(Volume No 58, [ages of the file 36-39)
- Protocol of
presentation of a person for recognition of 10.03.2005, according to which the
affected Rybin confidently pointed out to Tsigelnik (Shevtsov) G.A. as
the man whom he had seen twice , approximately, in December 1998, in the car
‘Niva’, and, for the second time, ,approximately, in January 1999, in the car
Toyota ‘Land Cruiser’ with the registration number ‘002’
(Volume No 64, pages of the file 105-112)
- Testimony of the witness Galkin U.V. given by him both during the preliminary investigation and in court sessions, according to which he worked as a chauffeur of an office car of Rybin Y.L. On 24.11.98, he, on the direction of Rybin, drove him to the house No 30 on Udaltsova Street in Moscow. After Rybin came into the entrance of the house, he placed the car near the entrance and drowsed. He woke when Rybin opened the back door of the car and put on it his diplomat-case. He immediately started the engine, and Rybin came up to the front door. At this moment, several low sounds of shots from an automatic rifle were heard. Rybin bent his body and then ran behind the car, and he drove a bit forward and stopped. It so happened that he covered with his car Rybin, and after that the latter ran into the house’s entrance.
Having stopped the car, he started to dial the telephone number of Rybin and, at that moment, he saw that two men in jackets and sport hats were running from the house to a wasteland. One of the men had a bag in his hand, According to Rybin’s words, an unknown man made several targeted shots at him from an automatic rifle.
On March 5, 1999, he,
at the behest of Rybin, he drove relative of the latter. At 06.40 p.m. he
contacted through telephone with the second Rybin’s chauffeur Fedotov Nikolay,
who said that he was in the area of Vernadsky Prospect and soon he would reach
the mansion. At 07.30 p.m. of the same day, he was near the mansion of Rybin in
the community Nikolo-Khovanskoye of the Lenin District of the Moscow Area. From
the side of the cemetery, he saw in the sky signal rockets of white color, then
he heard submachine gun rounds and handgun shots. In a short period of time, he
saw a racket of red color and once again heard shots. After approximately 5
minutes, the wounded bodyguard Yevgeny (Filippov) ran up to the mansion and
said that there had been an assault of the car – first, it had been blown, and
then had been shot at from automatic rifles. He provided help to Yevgeny and
called the police.
(Volume No 43, pages of the file 6, 13-15; volume No 44, pages of the file
233-235; volume No 47, pages of the file 107-108)
- Protocol of the
investigative experiment with participation of the witness Galkin U.V.
according to which Galkin, in presence of attesting witnesses, indicated the
scene of the crime committed on 24.11.98. against Rybin Y.L., namely, the
surrounding ground of the house No 30 on Udaltsova Street in Moscow, where he
saw two running away men, in connection with his previous testimony; photoboard
to the protocol of the mentioned investigative action.
(Volume No 44, pages of the file 239-244)
- Testimony of the witness Filimonov L.I., both during the preliminary investigation and in court, according to which he is connected with Rybin Y.L. by long standing friendly and working relations that hat started on the Sakhalin peninsular, where, in 1972, he worked as main engineer of the Tungorsky Department of Drilling works and Rybin worked in it as a master. Then, until 1992, he was minister of oil and gas industry of the Soviet Union. After the liquidation of the ministry, he became general director of the OJSC ‘Tyumensk Oil – VNK’.
At that time, he repeatedly met with Rybin in his capacity of executive officer of the company ‘East Petroleum Handelsgaz b.B.H.’ with the purpose to invest in his field. Between OJSC ‘Tomskneft’ and the company ‘East Petroleum Handelsgaz m.B.H.’, agreements were concluded on mutual activities.
In January 1998, the controlling clock of shares of the company ‘VNK’ was sold to the company Yukos for 1.2 billion US dollars. New ‘masters’ carried out an audit, after which the oil company Yukos canceled the cooperation with the company ‘East Petroleum Handelsgaz m.B.H’. in September 1998, he was appointed to the position of vice-president of the oil company Yukos and headed the commission on negotiations with the company ‘East Petroleum Handelsgaz m.B.H’.
On 24.11.98, a
regular round of negotiations took place in the office of Yukos at the address
Sagorodnoye Highway, house 5, Moscow. In the course of the negotiations he
invited Rybin to visit him at his home. In the evening of the same day, Rybin
was on a visit at his place. He invited Rybin himself by writing him a note
during the negotiations. They talked, mostly, about these negotiations. Then
Rybin said goodbye and went, but suddenly, in a few minutes, he returned and
said that they had tried to kill him on the houses’ yard.
(Volume No 43. Pages of the file 140-141; volume No 44, pages of the file 4;
volume No 45, pages of the file 131-134; volume No 47, pages of the file
235-236; volume No 50, pages of the file 64-70; volume No 55, pages of the file
25-28)
- Testimony of the witness Avalishvili G.D., both during the preliminary investigation and in court, according to which he has known Rybin for a long time. From the beginning of 1994, Rybin, being the executive officer of the Austrian oil company ‘East Petroleum Handelsgaz b.B.H’, started a mutually advantageous cooperation with the OJSC ‘Tomskneft’, having concluded with it an agreement on mutual activities regarding the West-South oil field. At that time, he worked as deputy of general director of the OJSC ‘Tomskneft’ on economic and financial matters. The OJSC ‘Tomskneft’ and Rybin’s company invested equal means in the oil filed. The extracted oil, Rybin, by attorney, sold both on the Russian market and on foreign markets in accordance with corresponding quota. The gained profit was divided according to the concluded agreements. The money, received by the OJSC ‘Tomskneft’ spent for its own purposes, and Rybin invested his part once more into the oil field. Thanks to these mutual activities, the volumes of the extracted oil grew.
Later on, such an agreement was concluded with Rysin with regard to Krapivinskoye oil field.
In December 1997, the oil company Yukos bought 53% of shares of ‘VNK’ part of which was also OJSC ‘Tomskneft’. Right after the selling, from the company ‘East Petroleum Handelsgaz b.B.H’ was illegally withdrawn the attorney to sell oil, as well as ceased mutual activity on both oil fields. The oil company Yukos improperly ceased mutual activity and did it unilaterally. Rybin, for a long period of time, tried to settle relations with the oil company Yukos, but this didn’t deliver the intended results. After that, the company ‘East Petroleum Handeslgaz m.B.H.’ was forced to relocate the solving of the problem in court. The oil company Yukos, unilaterally, ceased mutual activities also with a series of other companies.
He knew Rybin
close and often communicated with him, so he knew that he (Rybin) had not any
other conflicts, safe for with the oil company Yukos. Rybin was the initiator
of the battle against illegal activities of the oil company Yukos. Apart from
that, his acquaintance, the head of the company “TNB’ Berlyand, in
conversation with him, repeatedly expressed fears about his life and health and
said that the danger came from employees of the security service of the oil
company Yukos, who forced him to gather compromising materials on Rybin,
Kalyuzhny, Filimonov and on him (Avalishvili). He was also repeatedly summoned
to the security service of the oil company Yukos, where, in threatening form,
they had proposed to present compromising materials on Rybin, Kalyuzhny,
Filimonov, and, because he didn’t deliver such documents, threats started
coming at his address.
(Volume No 43, pages of the file 111-112; volume No 45. Pages of the file
83-86; volume No 47, pages of the file 212-213; volume no 58, pages of the file
43-45)
- Announced and examined in court, in accordance with Article 281 of the Criminal Procedure Code of the Russian Federation, testimony of the witness Bazhanov F.V., general director of the OJSC ‘Association ‘Master’, during the preliminary investigation, according to which he got acquainted with Rybin Y.L. in 1996-1997, and entered in finance relations with him in 1998, when his enterprise had unsettled financial relations with the CJSC ‘Yevroliga’. This enterprise owed to the association ‘Master’ about 6 million US dollars. So ‘Yevroliga’ approached the association ‘Master’ with a proposition about assignment of debt claims from the enterprise directed by Rybin. This sum of the debt of Rybin to ‘Yevroliga’ amounted to about 6 million US dollars. I knew Rybin as a solid entrepreneur, I reckoned that the proposal of ‘Yevroliga’ was acceptable for settling financial problems and agreed with this proposal. He met with Rybin several times and discussed with him the question of repayment of the debt. The first meeting was before the first attempted murder against Rybin that tool place in November 1998.
Rybin explained
to him that he was trying to regulate the controversy with the oil company
Yukos that had to bring back the sum of money which was much higher than
Rybin’s debt to the association ‘Master’. After the attempted murder of Rybin,
they didn’t meet for a long time, and then he went to Rybin’s dacha , and the
latter expressed his intention to continue the controversy with the oil company
Yukos by judicial process. Rybin had the sole version of who had organized the
attempted murder against hi, - this had been Yukos.
(Volume No 44, pages of the file 92-93; volume No 47, pages of the file
216-217, 218-220; volume no 62, pages of
the file 97-99; volume No 63, pages of the file 11-18, 26-28)
- Statement of Dobrovinsky A.A. of 16,09.2004 and of 07.06.2005, according to which , being a witness in the case of crimes committed in the interests of the several managing employees of the oil company Yukos, to his address , as well to the address of his close relatives, came threats from Nevzlin L.B., that he, by force of existing circumstances, perceives as real.
- Testimony of the witness Dobrovinsky A.A., both during the preliminary investigation and in court, according to which, for a long period of time, he took part in court sessions initiated by the company ‘Birkenholz’ and ‘East Petroleum Handelshaz m.B.H.’ in connection with illegal activities of the oil company Yukos. All cases were won by the company ‘Birkenholz’ and the company ‘East Petroleum Handelsgaz m.B.H.’, whose interests he represented.
He happened to talk by phone and meet personally with the leadership of the oil company Yukos, in particular with Khodorkovsky and Nevzlin, Moreover, he learned that the oil company Yukos would not agree with a voluntary settlement of the debt. He received a warning from an unknown man by the name Sergey that he should not communicate with Rybin Y.L. as he had got in the way of very influential people.
One of the
leaders of the oil company Yukos Nevzlin, personally called him, expressed
offences and threats in coarse language to the address of Rybin and to him
personally. He also promised to make a reality his threats, if
they didn’t stop their activities against the oil company Yukos. Earlier, while
representing interests of different companies in courts against the oil company
Yukos, her also received numerous threats to his address. According to him, the
organizer and the bordering customer of the attempted murder against Rybin were
leaders of the oil company Yukos, in particular, Nevzlin.
(Volume No 53, pages of the file 50-54; volume No 61, pages of the file
27-32, 33-36, 37-41; volume No 68, pages of the file 98-101; volume No 72,
pages of the file 191-196; volume No 73, pages of the file 1-5; volume 76,
pages of the file 163-166; volume No 78. pages of the file 104-112)
- Testimony of the witness Kasakov V.A. in court, saying that he, for a long time, worked in the management of the oil company Yukos, and he knew it for certain that the control over the activities of the department of security was exercised by Nevzlin, who, by the responsibility statement, was charged to work with the security service. The conflict between the company ‘East Petroleum’ and the company Yukos was repeatedly discussed among the highest management of the oil company Yukos.
- Testimony of the witness Golubovich A.D. both during the preliminary investigation and in court, who, from May 1998 to April 2001, was held the position of director on strategic planning and corporative finances of the oil company Yukos. Approximately, in November 1997, Yukos reassigned to itself the controlling stock of the OJSC ‘East Oil Company’ (later on ‘VNK’). One or two months after that it became known that the elected before the privatization board of directors approved the agreement of back baying from an offshore company controlled by Rybin Y.L. a large bloc k of shares of the Achinsk Oil Refinery at the price of 20 million US dollars. The mentioned agreement, according to Khodorkovsky M.B., was illegal. Moreover, the company ‘VNK’ was not capable to pay such amount of money, and the news owner embodied by the leaders of the oil company Yukos, didn’t want to settle debts. This circumstance was the first reason of the conflict between the leadership of the oil company Yukos and Rybin Y.L.
At the behest of Khodorkovsky M.B., the agreement of buyout of the shares of the Achinsk Oil Refinery was challenged in the court. Rybin Y.L., in his turn, advanced a claim against the oil company Yukos to the amount of 100 million US dollars which he earlier had invested in the development of “VNK”. According to his opinion, Rybin concluded deals without any breaches of legislation, that is why arbitration court delivered judgements in his favor.
In spite of this, the oil company Yukos refused to pay to Rybin the amount of money due to him, so, in connection with this the lawyer of Rybin Y.L. initiated the seizure if the property of ‘VNK’. Then, at the direction of the leadership of the oil company Yukos, they started, using different methods, including illegal ones, to move out assets from the balance of the company ‘VNK’.
During the period from 1998 to 1999, the financial position of the oil company Yukos, in connection with the low oil prices, was very unstable, and that forced the members of its leadership to involve a big number of foreign credits. There was no possibility to repay the debt to Rybin in full scale, and the leadership of the oil company Yukos didn’t want to restructure the debt. Meanwhile, for Rybin, the sum of the debt of ‘VNK’ to his was the question of ‘life and death’, and the question was about the ruin of his company, that is why he continued his struggle, approaching various state law enforcement agencies.
In 1998-1999, the problem of repayment of the debt to Rybin Y.L., as well as the withdrawal of assets of ‘VNK’ were regularly discussed at operative meetings conducted either by Khodorkovsky M.B., or Nevzlin L.B. At meetings, the presence of lawyers and representative of the security service was obligatory, usually, Shesopalov M.I. was present.
At the beginning of 1999, the problem of the repayment of the debt to Rybin Y.L. started to disturb Khodorkovsky M.B. very seriously, and this was connected with the leak of the lowering of oil prices. At one meeting, which was held, approximately, on January 29, 1999, Nevzlin L.B., in his presence, said that he needed a couple of months, and after that this problem would be forgotten.
First, he suggested that, behind the words of Nevzlin L.B., was hiding a resolution of the problem by, more or less, civilized methods, but then, when from mass media he learned about the attempted murder against, he understood that Nevzlin L.B. was involved in that.
In connection with the attempted murder against Rybin Y.L. numerous managing employees of the oil company Yukos were summoned to law enforcement agencies, and with each of them Nevzlin L.B. conducted a conversation and gave them instruction how to behave themselves. To him personally Nevzlin L.B. said that there was no need to be anxious with regard to the attempted murders against Rybin Y.L. as law enforcement bodies were fully under his control.
The words of Nevzlin L.B. were fully confirmed later. In several months after the second attempted murder against Rybin Y.L., Khodorkovsky gave an assignment to him and the head of the law department Aleksanyan V.G. to conduct negotiations with Rybin Y.L. on the buyout from him the shares of ‘VNK’. Moreover, Khodorkovsky M.B. explained that ‘Rybin Y.L. is to much threatened by Nevzlin and he will speak only with people who earlier didn’t exert influence on him’.
Later on, comparing statements of Nevzlin L.B. with regard to solving problems of Rybin Y.L. in two months, as well as statements of Khodorkovsky M.B. that Rybin is threatened by Nevzlin L.B., as well as other events, he came to the conclusion that the attempted murder of Rybin Y.L. had been organized specifically by Nevzlin L.B. The motive of the mentioned crimes is the initiated ny Rybin Y.L. arbitration cases on recovering the debt from the oil company Yukos to the headed by his company ‘East Petroleum Handelsgaz m.B.H’.
He knows that Nevzlin L.B. totally controlled and directed the security service of the company, even when he didn’t work in the system Menatep-Rosprom-Yukos. The head of the security service Shespopalov M.I. was to obey only to Nevzlin L.B. although he had to obey to Shalhnovsky V.A. He knows for a fact that the oil company Yukos provided considerable monetary means for working with law enforcement bodies, mass media, for ‘bribes’ to journalists, so that that didn’t let go publications that compromise the oil company Yukos and its leadership.
He refutes
evidence of Nevzlin L.B. provided by him during the preliminary investigation
on July 4, 2003, that he didn’t communicate with Puchugin A.V. and didn’t give
him any assignment. In spite of the office hierarchy in the oil company Yukos,
when, without a permission of the head of the security service Shestopalov
M.I., nobody from employees could come up to the leadership. Nevzlin L.B.,
Pichugin A.V. communicated on an informal basis, both in office and beyond it.
After launching a serious of criminal cases against officials of the oil
company Yukos, from Nevzlin L.B. to his address, started to come threats with
demands not to disseminate information about illegal activities of the
leadership of the oil company Yukos.
(Volume No 47, pages of the file 249; volume No 76, pages of the file
122-131, 132-142)
Protocol of the viewing a videocassette pf 11.09.2006 and seen in court a videorecording with an interview of the former director on strategic planning and corporative finances of the oil company Yukos Golubovich A.D., according to which he reports about involvement of Nevzlin L.B. and Pichugin A.V. in the crimes committed against Petukhov V.A., Rybin Y.L. and other persons. He gives a sense of illegal actions of the security service of the company and criminal activities of the leadership of the oil company Yukos in the economic field. (volume No 76, pages of the file 30-51)
- Testimony of the witness Mirimskaya O.M. both during the preliminary investigation and in court, according to which she is the spouse of one of the leaders and shareholders of the oil company Yukos Golubovich A.D. For several years, she unofficially worked as assistant of Khodorkovsky M.B. and was responsible for interaction with foreign structures. She knows well one of the leaders of the oil company Yukos Nevzlin L.B. whom she characterizes as imperious, unbalanced man who places himself higher than others and inclines to solve problems with criminal means. She knows that Nevzlin L.B. held totally under his control the activities of the security service of the Oil company Yukos, that was headed by Shestopalov M.I. The latter was admitted to the position on recommendation of Nevzlin L.B., and that is why Shastopalov himself was very devoted to him and was ready to commit any criminal action for him or cover him.
She knows that Nevzlin l.B. held totally under his control the activities of the security service of the Oil company Yukos, that was headed by Shestopalov M.I. The latter was admitted to the position on recommendation of Nevzlin L.B., and that is why Shastopalov himself was very devoted to him and was ready to commit any criminal action.
After her
relations and relations of her husband with Nevzlin L.B. worsened, once, when
she was going in a car, an explosive device was set off, and later, in
interiors of the cars used by her, they found traces of poisonous substance –
quicksilver. She thinks, that behind all this stay employees of
the security service of the Oil Company Yukos who acted on direction of
Shestopalov M.I. and Nevzlin L.B.
(Volume No 79, pages of the file 150-156, 157-160)
- Announced and examined in court testimony during the preliminary investigation of the witness Shitov A.I., according to which he worked in the JSC ‘Tomskneft’ from 1978 to May 1998 on different positions, and his last one was deputy director on production.
He knows that the Austrian company ‘East Petroleum Habdelsgaz m.B.H’, headed by Rybin Y.L. invested money in the development of the production. After the oil company Yukos bought out the JSC ‘Tomskneft’ in February 1998, already in May 1998 he quitted the job, as the new leadership of the company made a very negative impression on him.
In his plain view, the leadership of the company under direction of Khodorkovsky M.B., for the purpose of personal enrichment, literally, ruined the production that had been created for decades. The new leadership at once unilaterally stopped functioning of all agreements on oil delivery, and that inflicted a large damage to its partners, including ‘East Petroleum Handelsgaz m.B.H’. In particular, the damage, inflicted to the company ‘East Petroleum Handelshaz m.B.H’ amounted to about 60-70 million US dollars. And one should bear in mind that the company ‘East Petroleum Handelsgaz m.B.H’ worked considerably more effective as other credit organizations with which the JSC ‘Tomskneft’ cooperated.
Rybin Y.L.
started to struggle against illegal actions of the new leadership of the oil
company Yukos and lodged several complaints with law enforcement bodies and
with agencies of the state authority. He knows about two attempted murders
committed against Rybin Y.L. what he connects specifically with the activities
of Rybin Y.L. directed against illegal actions of the new leadership of the oil
company Yukos. He reckons that the leaders of the oil company Yukos are
implicated in the crimes committed against Rybin Y.L.
(Volume No 79, pages of the file 46-49)
- Testimony in court of the witness Skorospelov V.A., according to which, he knows that the conflict of the oil company Yukos with the company ‘East Petroleum’ headed by Rybin Y.L., were discussed among the leaders of the oil company Yukos. He, in particular, kept a watch on statement of Rybin Y.L. in mass media that inflicted considerable damage to activities of the oil company Yukos and transmitted it to the leaders of the company, including Nevzlin L.B. and Pichugin A.V.
Nevzlin L.B. had under his total control the security department of the oil company Yukos.
- Testimony in court of the witness Ivanenko V.V., according to which he knows about facts of illegal breaking of delivery agreements from the part of the oil company Yukos with regard to the Austrian company ‘East Petroleum Handelsgaz m.B.H.’ headed by Rybin Y.L. and about the conflict arisen in connection with that between Rybin Y,L, and the leadership of the oil company Yukos. Made by Rybin Y,L, disclosures of the illegal activities of the oil company Yukos and filed by him complaints in court, as well as his approach to authorities inflicted damage to the image of the oil company Yukos and caused unrest among member of the leadership of the oil company Yukos.
- Testimony in court of the witness Yevdokimov A.P., according to which, Nevzlin L.L. had under his total control the security service of the bank ‘Menatep’ and oil company Yukos, dealt with tackling issues connected with the security of the company, with any damage (moral or material) inflicted to the company, dealt also with configuring the image of the company. The leadership of the oil company Yukos, thanks to finances at its disposal, had an unlimited influence on law enforcement agencies and structures of authority.
- Announced and examined in court, in accordance with Article 281 of the Criminal Procedure Code of the Russian Federation, testimony of the witness Zolotaryov B.N., according to which he characterizes Nevzlin L.B. as an ambitious man, who considered himself higher than others, who thought through his actions far ahead. It is known to him that Nevzlin L.B. controlled activities of the security service of the oil company Yukos.
Apart from that,
Nevzlin L.B. dealt with foreign policy of the oil company Yukos, that is, with
creating and modeling of the image of the company, dealing with mass media,
interrelations with representatives of state agencies and the government of the
country.
(Volume No 7, pages of the file 14-15; volume No 8, pages of the file 2-10;
volume No 78, pages of the file 20-23)
- Testimony in court of the witness Shevelev S.G., according to which he, from 1983, has been working as director of the Caucasus state nature biosphere reserve what is located on the territories of the three subjects of the Russian Federation, specifically, Krasnodor Region, Republic of Adygeya, Republic Karachay-Cherkessia.
In July 2002, at the request of representatives of the oil company Yukos, he took part in organizing of the territory of the reserve, holidays of the senior leaders of the company. There were about 12 leaders of the oil company Yukos that came to the reserve, and they stayed in a hotel on the territory of the Republic of Adygeya. Some people of the maintenance stuff also came with them, wherein, on excursions to the reserve went only members of the leadership. And the personnel waited for them at the yard of the hotel.
He personally headed touristic itineraries and excursions with the leaders of the oil company Yukos. Together with other leaders of the oil company Yukos, Puchugin A.V. also participated in the excursions, who, as he later on learned from mass media, was convicted of a criminal offence for committing a series of extremely grievous crimes. In his presence, Pichigin A.V. communicated with other leaders of the oil company Yukos on equal footing, including with Khodorkovsky M.B. and Nevzlin L.B.
- Statements of
Shapiro V.V. of March 25 and 30, 2005; Reshetnokov E.V. of April
27 and May 6 and 19, 2205, according to which they report facts known to them
of involvement of some persons, from among managing employees of the oil
company Yukos, in committing extremely grievous crimes, and in connection with
that, really fearing for their lives and health, as well as of levies and
health of their close relatives, they ask to implement measures guarantying
their safely.
(Volume No 65, pages of the file 23, 26, 46; volume No 66, pages of the file
133, 166; volume No 67, pages of the file 83, 93)
- Voluntary
surrender of Reshetnikov E.V. of April 28 and May 6, 2005,
according to which Reshetnikov volumetry reported about the crimes committed by
him together with Tsigelnik (Shevtsov) G.A. in the interests of representatives of the oil company Yukos,
specifically, of Nevzlin and Pichugin, including crimes against Kolesov V.L.
and Rybin Y.L., he also told about the circumstances of committing this crime.
(Volume No 67, pages of the file 84-85, 87-90)
- Testimony of the witness Reshetnikov E.V., both during the preliminary investigation and in court, according to which, at the end of September – beginning of October 1998, he and his acquaintance Shevtsov (Tsigelnik) Gennady, received an order to murder the entrepreneur from Moscow Rybin Y.L. The proposal to commit the mentioned crime was made by their mutual acquaintance Goritovsky, inhabitant of the town Volgograd. The latter, as far as he knows, had received this ‘order’ for killing Rybin from representatives of the oil company Yukos, specifically, of Pichugin and Nevzlin, who had financed and provided general overall management of committing the crimes. The motive to kill Rybin was his unsettled debt obligations to the oil company Yukos.
Having received the assignment and preliminary information with regard to Rysin, he and Shevtsov (Tseigelnik), being in Moscow, were overseeing the situation at the office of Rybin and his house, they gathered information about itineraries and time of his movements. Being informed that in house No 28, on Leninsky Prospect, lived the parents of Rybin, he and Shevtsov (Tsigelnik) broke the glasses of their apartment. They reckoned that Rybin would come after that and they would use this circumstance for killing him.
At the end of 1998, at the moment when the and Shevtsov (Tsigelnik0 were in the town Volgograd, Goritovsky conveyed to them the instruction of Pichugin to commit murder of Rybin in the shortest term. On November 24, 1998, at about 4-5 p.m., he, together with Shevtsov (Tsigelnik), in the car ‘Niva’ driven by the latter, went from the town Volgograd to Moscow. They had with them: automatic handgun ‘Borz”, produced by them in their garage in the town Volgorgrad, as well as two magazines of rounds, 24 pieces in each, and a handgun PSM with a silencer – all of that they hid in a specially arranged hiding place in the car ‘Niva’.
The automatic handgun ‘Borz’ was equipped with a silencer and cartridge collector (with a packet attached to it) for shooting from closed spaces. At about 06.00 p.m. of the same day, they were in Moscow, near the office of Rybin, located on Lestev Street. Having notices that there was an office car, a black ‘Volga’, that was in use of Rybin, they started to observe the situation near the office. At about 08-09 p.m., Rybin, in his car, left the territory of the office, and he and Shevtsov (Tsigelnik) followed him. Driving after him, they reached Ydaltsov Street, and there, near one of the entrances, Rybin left his car with a chauffeur in it, and went into the house.
He continued to observe the car of Rybin, and Shevtsov (Tsigelnik), having moved their car “Niva” to a safe distance, took the weapons from the hiding place and returned to the place where he was. Shevtsov (Tsigelnik) went to observe how Rybin would be going out of entrance, and he stayed put in the hideout near a transformer box. Having seen that Rybin came up to his car, open the front door and was ready to get into it, he, with quick steps, went in the direction of Rybin, and a distance of 5-6 meters, that is, being near the trunk of the car, he fired a round from the machine-handgun ‘Borz’. After five or six shots the gun stopped functioning. It was found out later that there was a skewness in the cartridge due to construction fault.
Rybin hid himself behind the hood of the car, and then ran into the house’s entrance. Rybin’s car with a chauffeur in it, stayed there for several seconds and then moved. He waited until Rybin reached the entrance of the house, and then, at a fast pace, went to the place where Shevtsov (Tsigelnik) was waiting. The latter was controlling the surrounding situation and his backing, and at the moment of the crime, was armed with the handgun Makarov with a silencer. Shevtsov (Tsigelnik) could not shoot at Rybin, because he, Reshetnikov, was with Rybin on the same firing line. Later on, Rybin was moved too far, so there was no sense to shoot at him from the handgun.
At the moment of the crime, he had a mask on, glasses and dark clothes, and Shevtsov (Tsigelnik) also was dressed in dark sport clothes. At the time, when he and Shevysov (Tsigelnik) ran away from the scene of the event, they could be seen by Rybin’s chauffeur.
All actions, taken on 24.11.98, by him and Shevtsov (Tsigelnik) were directed at killing of Rybin. They promised to pay him and Shevtsov (Tsigelnik) 20 000 US dollars each for killing Rybin.
On November 25, 1998, on arrival in the town Volgograd, Shevtsov (Tsigelnik) reported about the event to Goritovsky, and the latter, on the next day, was summoned to Moscow. In Moscow, Goritovsky was sharply scolded by Pichugin, and because of that, he had a heart attack. Pichugin said that they had spoiled the shole thing, and a big sum of money had gone... According to the words of Goritovsky, Mr. Nevzlin was very unsatisfied and in sharp form had said about that to Pichugin, and the latter expressed this unsatisfaction to him. Goritovsky said that they ought to correct the current situation, that ism to murder Rybin. Naturally, they demanded his masters from Moscow, those who had ordered Rybin – specifically, Pichugin and Nevzlin, who gave them a chance to rehabilitate themselves in their eyes.
As the oil company Yukos is a very serious organization, they had nothing else to do as start to plan the murder of Rybin, otherwise, their lives and lives of their close relatives would be in danger. He and Shevstov (Tsigelnik) rushed to commit murder against Rybin, as, during the time of observation of his house and his movements in the community Nikolo-Khovankoye in the Moscow Region, the car ‘Niva’, in which they had been sitting, was checked by police offices. Shevtsov (Tsigelnik) presented a certificate of an office of the Federal Security Service (FSB) of Russian, and because of that, the police officers didn’t check the car.
At the end of 1998 – beginning of 1999, they several times went to Moscow and continued to collect information about Rybin. Thanks to observation, they found out that Rybin had changed the itinerary of his movements from his house in the village Nikolo-Khovanskoyre. Earlier, he went across a little bridge, passed by a military post, and reached Leninsky Prospekt. Later, he started to use an encircling route through the Khovanskoye cemetery to the same Prospect or to Profsoyuznaya Street.
The observation was made for a prolonged period of time, and the reason was that Rybins guard worked properly, it was impossible to come up to him and to shoot, and, which is the main thing, to go after it. In fact, it was very difficult to leave the place of crime, especially in the city, where Rybin’s office was located, on Lestyeva Street in Moscow. That is why they were picking a place where it would be more convenient to commit a murder. They planned to kill Rybin using a precision rifle. To do this, he, together with Shevtsov (Tsigelnik) got into a dacha house located near Rybin’s home. There was a little padlock on the door that they carefully took off and then hanged back. They prepared the attic, by making a sawing in the wall, in order to pull off two wooden plates in order to have a comfortable effective field of fire. The sector they checked The sector of fire they examined with the help of pocket laser light. Because of a skewed angle and high fence, they decided not to shoot.
On March 1, 1999, they observed the movements of Rybin. According to the results of the observation, they came to the conclusion that Rybin was driven only in a ‘Volga’ car of black color. Only one such car moved along this itinerary, and it was impossible to confuse it with another vehicles. Rybin was always followed by two bodyguards.
In the morning, on March 5, 1999, Rybin, as usual, drove out of his house, located in the village Nikolo-Khovanskoye to the place of his work. This circumstance he controlled personally by way of observing from the top of the old dump near the road. He, together with Shevtsov (Tsigelnik) went to Rybin’s office, and, having seen Rybin’s car on the territory of the office, they made sure that he was in his office.
In advance, on the earth-road, on the itinerary of the movement of Rybin’s car, they put an explosive device. They dug up two holes, put a metallic object at the bottom to made it more robust, put explosives in a plastic bag in powder form and put it in these little holes, approximately one kilogram in each. In one of the holes, because of the lack of triton, they put a grenade F-1 without fuse. The surface and the holes they whelmed with ground and beat down. They put outside wires of the electro-detonator, which were connected with the TNT blocks. The central wire, a usual electric cable, they dragged in the pit on the roadside. Current supply was made by several bounded square batteries. On put of them, they put a connect – a usual door bell.
In the evening of the same day, while waiting for the arrival of Rybin, Shevtsov (Tsigelnik) took a position in a pit of the roadside, and he took a position of an observer a bit further, as the car would be coming from the side of Moscow, so he was to give a signal to Shevtsov (Tsigelnik) . They were armed with two assault-rifles AK-74, caliber 5.45 mm, they had also two magazines each, both with tracer ammunition rounds and usual ones. They also had frag grenades F-1, two pieces each, and portable radio sets for communication among them. They were dressed in white hunter camouflage clocks.
At about 09.00 p.m. or 09.30 p.m., the car ‘Volga’ emerged that was moving with middle speed, as usual. Having seen that the car was passing by and having ascertained that there were two persons on the back seat, he (Reshetnikov), via radio, gave a command to Shevtsov (Tsigelnik): ‘The client is on place, sits in the car!’ When the car arrived at the place where the explosive device was places, it had to pass another car that was moving in the opposite direction. Rybin’s car applied the brakes, and at that moment the explosion went off. When the car was making a turn, the speed was minimal, that is why two explosive devices went off under the car’s body, and after that the car gave a lurch and landed on the side. It was Shevtsov (Tsigelnik) who pressed the button, and after that he was to soot from a grenade launcher RPG-17 ‘Mukha’ (Fly), but the launcher failed to fire. Shevtsov pressed the button two times, but nothing happened. He thought that Shevtsov (Tsigelnik) was leaving the scene of the crime, as it had been agreed upon earlier, and he himself made several steps in order to leave the scene of the crime.
At this moment, he heard shots, first from a handgun, and then two submachine rounds. He understood, that a fight was going on. He came on the road and started to get closer to the exploded car. When the distance was about 50-60 meters, he saw that a bodyguard was shooting in the direction of Shevtsov (Tsigelnik). To cover Shevtsov (Tsigelnik), he himself opened fire at the bodyguard. He used all his magazine of 40 rounds, he exchanged it with a second one with 30 rounds. From the side of the bodyguard there were no more shots.
When the fire was stopped, he came up to the car and looked around. Inside the car, everything was black from soot, the glasses were broken, there was a hole in the bonnet, and in the middle of the car’s body there was another hole of 40-50 cm, there were still about 10-15 rounds in the magazine. Having examined the car, he shot a round at the interior. One of the bodyguards, who managed to get out of the car, was alive. He was running off along the road and they didn’t follow him.
While leaving the scene of the crime, he and Shevtrsov (Tsigelnik) threw away their automatic assault rifles, radio stations, magazines, camouflage robes and gloves. The events near the car lasted for only five minutes, so they had time for withdrawal. On the next day, they learned that they didn’t achieve anything. as Rybin was not in the car. The information came from a TV program. The explosion of the car and the shootings were made in order to kill Rybin, and, moreover, they understood, that other people could also suffer, specifically, two bodyguards and a driver. For committing these crimes, they received 10 000 US dollars each. To him the money was given by Shevtsov, and he had received it from Goritovsky. Goritovsky was a middle man between them and the leadership of the oil company Yukos. First, information about Rybin was received from employees of the oil company Yukos. Later on, Pichugin called Goritovsly and made corrections, provided additional information, and Goritovsky passed it to Shevtsov (Tsigelnik). The crime was being committed in the interests of the oil company Yukos, its leadership, specifically, Nevzlin and Pichugin, from whom came financing for preparing and carrying out of the murder of Rybin.
During the
current court session, Reshetnikov said that, at the beginning of March, 1999,
at 02-04 p.m., near the hotel ‘Salyut, he and Tsigelnik were in the car ‘Niva’,
and there came also a SUV with Shapiro and Goritovsky, and then arrived a
‘Volga’ in which were Gorin, Pichugin and Nervzlin, they spoke with Goritovsky
and Shapiro, they said that, in case we don’t get rid of Rybin, our heads will
be severed.
(Volume No 66, pages of the file 142-161; volume No 68, pages of the file
8-24; volume No 70, pages of the file 79-88; volume No 80, pages of the file
3-32, 33-41)
- Protocol of
examination of evidence on the scene with participation of Reshetnikov Y.V., in
presence of attesting witnesses, showed the location of places domicile and
work of Rybin Y.L., place of domicile of his parents, scene of the committed
crime against Rybin Y.L. on 05.03.1999, place of the assault and withdrawal
from the scene of the committed crime in accordance with his previous evidence;
a photoboard to the protocol of the mentioned scene of the investigative
action.
(Volume No 80, pages of the file 3-32)
- Statement of
Tsigelnik (Shevtsov) G.A. of May 5 and 11, 1999, with supplement, according to
which he sincerely admits his participation in the crimes against Petukhov
V.A., Rybin Y.L., Kolesov V.L., committed on the order and in interests of the
oil company Yukos, and tells about the financing of this crimes by Nevzlin.
(Volume No 66, pages of the file 169-180. 183-190)
- Announced and examined in court, in accordance with Article 281 of the Criminal Procedure Code of the Russian Federation, testimony during the preliminary investigation of the witness Tsigelnik G.A., according to which, in August 1998, Goritovsky called him and invided him to his place. When he came to Goritovsky, Shapiro was already there. According to the words of Shapiro, they had been in Moscow recently where they had with representatives of the oil company Yukos, and among them had been Pichugin and Nevzlin. The purpose of this meeting was organizing the murder of Rybin. Shapiro and Goritovsky proposed him to commit the murder of Rybin calling the latter a businessman from Moscow, who was not ready for any concessions and didn’t want to return to the oil company Yukos 100 million US dollars.
Shapiro and Goritovsky warned him that he and Reshetnikov knew too much, and in connection with that, they themselves could be killed and that representatives of the oil company Yukos would bot let them go like that. Apart from that, they promised to him and Reshetnikov 20 000 US dollars each for fulfilling the order. They had no other way out, so he and Reshetnikov agreed. Having received for expenses 10 000 US dollars, they gave 3000 each to their families and the rest took with them to Moscow.
In September 1998, he and Reshetnikov came to Moscow, having received earlier from Shapiro information about the location of Rybin’s office and the description of appearance of the latter. According to information at their disposal, the company headed by Rybin, changed its location, and, as they later learned, moved to another location at the address Lestev Street in Moscow. Having received instructions through Gorin and Goritovsky from Pichugin about the necessity to stalk Rysin, during the perion from the end of September to November 1998, he and Reshetnikov observed Rybin, collected information about his itineraries and time of his movements. They knew that in the house No 26 on Leninsky Prospect lived Rybin’s parents, he and Reshetnikov broke glasses of their apartment, reckoning that Rybin would come and they would use this fact for his murder in the future.
On November 24, about 7.00 p.m., Rybin in his office car ‘Volga’ driven by a chauffeur, left the territory of the office, and he and Reshetnikov followed him. Escorting the car with Rybin in it, they came to Udaltsova Street, and there, near an entrance of one of the houses, Rybin left the car with the chauffeur and came into the house. Having dropped Reshetnikov, he drove away and left the car not far from the mentioned house. From the car, he took the handgun with a silencer, and for Reshetnikov he took the machine gun ‘Borz’. Also equipped with a silencer. Reshetnikov took a position and was waiting for Rybin, and he walked away a bit in the direction of a building in construction, where he hid himself on a stairwell landing leading to the basement.
When Rybin came out from the entrance of the house and walked to the car that was waiting for him, Reshetnikov came closer to him. At the moment, when Rybin started to open the door of the car, Reshetnikov lifted his package, with the assault rifle in it, and shot at Rybin.
Suddenly, Reshentikov turned around and walked back, and Rybin, having seen that he was going away, recollected himself and ran into the entrance of the house. Rybin’s car, in which was his chauffeur, drove away at once after that. He caught up with Reshetnikov and with him he walked to their car. Already in the car, Reshetnikov explained his failure saying that his assault rifle was blocked, and he could not hit Rybin with the first round.
On the next day, in Volgograd, they reported to Goritovsky about everything. The latter bawled him out reckoning that they had chosen a wrong place for killing Rybin, as in the house, near which the crime had been committed, there was an office of some man (Filimonov), and he was the only person could have known about Rybin’s coming. All actions of him and Reshetnikov were directed at killing of Rybin. He knows that representatives of the oil company Yukos, members of its leadership Pichugin and Nevzlin, were interested in Rybins murder.
After the first failed attempted murder against Rybin, that took place November 24, 1998, he and Reshetnikov came to the town Volgograd and wanted to refuse of further actions directed at committing of this crime. After a while, Goritovsky and Shapiro came to them and started to