Today, 18th March 2022, the Deputy Prime Minister and Minister of Finance Asen Vassilev, speaking to journalists in the National Assembly, made the following statement: “…Finally, measures are being taken on the signal of Mr. Bozhkov and the report of the Public Financial Inspection Agency (PFIA) from last summer. If you remember, PFIA found that budget damage had been caused the amount of BGN 556 million due to the omission of the Gambling Commission, directly subordinated to Mr Goranov. Finally, the caretaker government sent this to the Bulgarian prosecutor's office but no action was taken in order to protect these 555 million of the taxpayers. Finally, we see that there is at least one small step in this direction”
The Specialized Prosecutor's Office takes advantage of its right of reply in the Bulgarian media that have broadcast or published the statement of Mr Asen Vassilev, containing false allegations, grossly violate the principle of separation of powers and the rule of law and constitute political interference in the judiciary.
The Specialized Prosecutor's Office expresses the following opinion, based on facts only:
The allegations of Mr Asen Vassilev that the budget damage was found in the summer of 2021, when the Bulgarian Prosecutor's Office was notified, do not correspond to the truth. It is also not true that the Prosecutor's Office did not take any action to protect the interests of taxpayers. Within the pre-trial proceedings instituted under the competence of the Specialized Prosecutor's Office, the Public Financial Inspection Agency was twice assigned the task, by explicit prosecutorial decrees of January 6, 2020 and April 16, 2021, to carry out financial inspections of the State Gambling Commission (currently closed and with NRA as successor) for the period from January 1, 2014 to December 31, 2019. Both decrees indicate to prove the legality of the received revenues from state fees under Art. 30, para. 3 of the Gambling Act by the registered gambling operators – “New Games” AD (formerly “New Games” OOD), “National Lottery” AD (formerly “National Lottery” OOD), “Eurofootball” OOD and “Eurobet” OOD, as well as the control exercised by the State Gambling Commission. Following namely the financial inspections assigned by a prosecutor at the Specialized Prosecutor's Office, the budget damage was proved to the amount of BGN 556,872,283, approximately indicated by Minister Asen Vassilev. In the course of the financial inspections, systematic violations of the control activities of the State Gambling Commission were established, by way of tolerating gambling companies, managed by V.B., for the purpose of illegal enrichment. As a result of these facts established, the State Gambling Commission was closed.
The results of both financial inspections are attached to the evidence collected in the pre-trial proceedings according to Art. 127 of the Criminal Procedure Code (as written evidence).
The outcome of the first inspection give the reason to bring to justice ten people, including two Chairmen of the State Gambling Commission, one Director of a Directorate and one Head of department in the State Gambling Commission even at the end of January 2020. In January 2020, V.B., who was hiding in the UAE, was indicted in the same pre-trial proceedings, as part of his accusations were related to the budget damage to the amount of BGN 556 872 283.
In January 2020, about 200 tax audits of accused persons and related companies were assigned by decrees of a prosecutor from the Specialized Prosecutor's Office. In the course of these audits, the Specialized Prosecutor's Office repeatedly granted access of the NRA's audit bodies to the case evidence, with a view to effective audit proceedings and establishing any undeclared and unpaid taxes. Most tax audits have ended with audit assessment.
On February 7, 2020, upon request of a prosecutor supervising the pre-trial proceedings, the Specialized Criminal Court applied measures to secure by means of seizure the entire movable and immovable property of the accused V.B. under Art. 72 of the Criminal Procedure Code. The precautionary measures taken are in force so far.
Apart from that, the supervising prosecutors have fulfilled their obligations and duly notified the bodies of Counter-Corruption and Illegally Acquired Assets Forfeiture Commission (in February 2020) about the accusation of V.B. under provisions of the Criminal Code, according to which provisions the Commission has power of competence and has taken precautionary measures under another legal procedure in respect of the entire movable and immovable property of the accused.
Almost a year and a half later - on June 2, 2021, the accused V.B. was sanctioned by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury under the so-called Magnitsky Act.
Under the guidance and supervision of the Specialized Prosecutor's Office 4 pre-trial proceedings are being conducted against V.B. Numerous charges have been brought against him, about which the Specialized Prosecutor's Office informed the Bulgarian public in a timely manner.
The first pre-trial proceedings were instituted on December 20, 2019 for a crime committed in December 2017 in Sofia under Art. 214, para. 2, item 1, in connection with Art. 213a, para. 2, item 1 of the Criminal Code - extortion through life threats and physical violence.
https://prb.bg/sp/bg/news/38722-syob-sht-enie-na-specializiranata-prokuratura-2.
On January 29, 2020, after specifying the prosecutor’s charge in the pre-trial proceedings, V.B. was brought to justice for leading an organized criminal group, set up to commit various criminal offences with self-interested motives - a crime under Art. 321, para 3, item 1, in conjunction with para 1 of the Criminal Code. Four more people were accused of participating in the group, including two chairs of the State Gambling Commission (current and previous).
In the same pre-trial proceedings, V.B. was accused of two extortions with threats for the purpose of gratuitous acquisition of shares in gambling companies - crimes under Art. 213a, paragraph 2, item 1 and item 5 of the Criminal Code and Art. 214, para 2, item 1, in conjunction with Art. 213a, paragraph 2, item 5 of the Criminal Code. He was also brought to justice for two other crimes - incitement to commit criminal breach of trust by the Chair of the State Gambling Commission (under Art. 282, para. 2, in conjunction with para. 1, in conjunction with Art. 20, para. 3, in conjunction with para. 1 of the Criminal Code), as well as for the fact that he offered a bribe in the amount of BGN 10,000 per day to the Chair of the SCG in order to perform actions in function - withdrawal of issued licenses for gambling activities (a crime under Article 304 of PC).
A new case has been instituted on separate materials from the cited pre-trial proceedings, in which V.B. has been charged with leading an organized criminal group for holding and selling archeological objects that have not been identified and registered in accordance with the established procedure and for money laundering - a crime under Art. 321, para 3, item 1, in conjunction with para 1 of the Criminal Code. He was charged with possession of 6869 archeological objects (crime under Article 278, paragraph 6 of the Criminal Code), for sale of over 1000 such objects on the territory of Bulgaria, the Swiss Confederation and the Federal Republic of Germany (crime under Article 278, paragraph 3 in conjunction with para 1 of the Criminal Code), as well as for money laundering of BGN 559,739 164.70, acquired through criminal activity (crime under Art. 253, para 5, in conjunction with para 3, item 1, in conjunction with paragraph 2 of the Criminal Code).
A huge number of investigative actions were carried in pre-trial proceedings with the accused V.B - all possible in the absence of the accused V.B. According to the latest data, he is still in Dubai, United Arab Emirates (UAE).
So far, the Specialized Prosecutor's Office has sent through the Ministry of Justice to the competent authorities in the UAE two requests for the extradition of V.B. in the Republic of Bulgaria and numerous summonses for his voluntary appearance before the investigating authorities in the Republic of Bulgaria. To date, they all remain unanswered. The pre-trial proceedings conducted by the Specialized Prosecutor's Office against V.B. are pending, as he is hiding in the UAE and is not appearing before the investigating authorities. This is a significant obstacle in accordance with the Bulgarian Criminal Procedure Code for the completion of ongoing proceedings. V.B. did not in any way contribute to the establishment of objective truth.
Bulgarian society was informed about all this in a timely manner.
We enclose copies of the prosecutor's decrees for assignment of financial inspections, letters of PFIA and part of the request of the Specialized Prosecutor's Office (in volume of over 1000 pages) for imposition of precautionary measures under Art. 72 of the Criminal Procedure Code.