Agrokor indictment: 6 suspected of incurring 179 million euros in damages to the company!

Eight years after the beginning of the investigation, the Zagreb District Court has filed a new indictment against 6 defendants for committing criminal offenses against the economy and criminal offenses of forgery in the 'Agrokor' case. The company was damaged by more than €179 million. Due to a lack of evidence, the investigation was suspended in relation to nine people.

In addition to Todorić, a board member and two directors of Agrokor and auditors are accused

In addition to former owner and CEO Ivica Todorić, the new indictment in the case, known as the Big Agrokor case, also includes former board member of the former concern Tomislav Lučić, directors Alojz Pandžić and Marijan Alagušić, and two auditors Olivio Discordia and Sanja Hrstić. In two previous indictments, which were dropped, for damage exceeding 1.2 billion kuna, 14 other people were accused in addition to Ivica Todorić. The new indictment does not include Todorić's sons, Piruška Canjuga and several other individuals.

Without specifying their identities, the state attorney's office announced on Friday that Todorić and Lučić are charged as key actors in the abuse of trust in business transactions and the forgery of business documents, while Pandžić, Alagušić, Discordia and Hrstić are charged with aiding and abetting these crimes.

According to the prosecution, between 2006 and mid-2016, the two first defendants agreed to misrepresent Agrokor's financial situation, thereby paying themselves and related companies undeserved dividends and favoring their own interests.

Between 2013 and 2017, Todorić was allegedly paid over 100 million euros from Agrokor's account in order to buy back the company's shares from the European Bank for Reconstruction and Development (EBRD). All of this was carried out without decisions from supervisory bodies, contrary to the law and without any real intention to return the money, and the illegal transfers were attempted to be concealed with false documentation.

Todorić used Agrokor money for private expenses

Todorić, according to the indictment, also ordered numerous cash withdrawals from the bank account of a Swiss company owned by Agrokor, using some of the money for the private needs of his family members and personal expenses. Alagušić and Pandžić, in short, ensured "clean" financial reports, knowingly entering false data into the business books in order to create a basis for false profits.

Auditors Discordia and Hrstić allegedly signed audit reports with favorable ratings every year, despite the fact that they knew about the false presentation of Agrokor's account balance and business results. In this way, they enabled the extraction of undeserved dividends for many years and concealed the true picture of the business.

This is the third version of the indictment in a case in which 15 people were originally charged, including Todorić's sons and former Agrokor executives. However, after new expert reports and a review of the evidence, the Zagreb County State Attorney's Office dropped the criminal prosecution of nine of the previously indicted, finding that there was insufficient evidence against them.

In previous indictments for damages exceeding 1.2 billion kuna, 14 other people were charged alongside Todorić - his sons Ante and Ivan Todorić, former son-in-law Hrvoje Balent, and Tomislav Lučić, Damir Kuštrak, Piroška Canjuga, Ivan Crnjac, Mislav Galić, Alojzije Pandžić, Olivio Discordia, Sanja Hrstić, and Marijan Alagušić.

Attorneys: Brave and logical decision by the State Attorney's Office

Fran Olujić, Ante Todorić's attorney, welcomed the decision of the State Attorney's Office and emphasized that it was a "brave and logical decision".

“They have obviously assessed that they do not have enough evidence to continue the criminal proceedings against these nine defendants, which represents savings for Croatian taxpayers,” said Olujić. He added that his client still stands by his father and is proud of his entrepreneurial career. He expects that ultimately these criminal proceedings will end with an acquittal for him as well, he said.

Petar Pavković, Damir Kuštrak's lawyer, said that the state attorney's office "very correctly and legally justifiably assessed" that his client did not participate in the incriminating actions. He emphasized that they had claimed this from the very beginning in their responses to the previous indictment.

“Considering the jobs and responsibilities within the concern that our client had, which were related to trade and foreign markets - it was obvious and evident from the very beginning that in relation to financial decisions and the flow of money, he never participated in or made decisions,” added Kuštrak's lawyer Višnja Galešić.

Source: HRT