KEVIN V. RYAN (CSBN 1 18321) United States Attorney
U.S. Department of Justice, 450 Golden Gate Avenue, Box 36055, San Francisco, California 94102
) Plaintiff, ) MOTION IN LIMINE TO ADMIT
) STATEMENTS OF YULIA v. ) TYMOSHENKO AS CO-CONSPIRATOR
) STATEMENTS PAVEL LAZARENKO, )
) Date: February 6, 2004 Defendant. ) Time: 9:30 am
The United States hereby moves in limine to admit statements made by Yulia Tymoshenko, an un-indicted co-conspirator, during the course of and in the furtherance of the conspiracy and the scheme to defraud.
In particular, with respect to Ms. Tymoshenko, the indictment alleges that in approximately September 1995, Lazarenko, as First Vice Prime Minister of Ukraine, became responsible for the energy section in the Ukrainian government, and that in approximately December 1995, a Ukrainian company called United Energy Systems of Ukraine (“UESU”), which was created on November 20, 1995 by Yulia Tymoshenko, an associate of Lazarenko ‘s, was designated by the Ukrainian government as one of several companies to supply natural gas to Ukraine. UESU was given the authority to distribute natural gas to the Dnepropetrovsk region of Ukraine. From approximately December 1995 until sometime in 1997, UESU received deliveries of natural gas from RAO Gazprom pursuant to contracts entered on December 29, 1995 and December 31, 1996 between RAO Gazprom, UESU, and others. Beginning in approximately January 1996, UESU fraudulently conveyed title to the imported natural gas to United Energy International, Ltd. (“UEIL”), an 85% shareholder of UESU that was created on October 17, 1995, in London, England by a Turkish national named Ercument Aksoy, at the direction of Yulia Tymoshenko, and fraudulently diverted to foreign bank accounts belonging to UEIL the payments from Ukrainian customers for the natural gas delivered by UESU.
The indictment further alleges that between April 8, 1996 and December 31, 1996, rather than pay RAO Gazprom for the delivered gas with the money that had been transferred to UEIL, UEIL transferred approximately $140,000,000 to Somolli Enterprises, a Cypriot company that was registered in Cyprus on October 8, 1992, and was controlled by Yulia Tymoshenko and others. Between April 1996 and June 1997, Somolli Enterprises and UESU transferred a total of approximately $97,000,000 into accounts that were controlled by Kiritchenko in Switzerland, Poland, and the United States, including transfers totaling approximately $13,000,000 to bank accounts in the Northern District of California. Between February of 1996 and September of 1997, the money from Somolli, along with other funds, totaling more than transferred from Kiritchenko’s accounts into accounts controlled by Lazarenko in Switzerland and Antigua. Thereafter, the indictment alleges, Lazarenko transferred portions of these funds from Switzerland into bank accounts in the Northern District of California, including two transfers of $14,000,000 each on August 1, 1997. Finally, part of the conspiracy includes the scheme to defraud alleged in Paragraphs 32 to 38 of the indictment, which allege that the defendant, while a government official in Ukraine, exercised his official authority and influence in favor of, and to induce the grant of certain government benefits and privileges to Yulia Tymoshenko’s businesses, among others, by taking certain official action, that between 1993 and 1997 he received over $200,000,000 from various companies, including Yulia Tymoshenko’s businesses Somolli Enterprises ($84,000,000), UEIL ($65,000,000), and UESU ($13,000,000). The indictment alleges that as a result of these actions, the people and government of Ukraine were deprived of money and of the defendant’s right to honest services.