{"id":648,"date":"2019-09-17T20:01:50","date_gmt":"2019-09-17T20:01:50","guid":{"rendered":"http:\/\/streiner.mx\/?post_type=caso_estudio&#038;p=648"},"modified":"2021-07-15T17:44:43","modified_gmt":"2021-07-15T17:44:43","slug":"political-corruption-in-ukraine","status":"publish","type":"caso_estudio","link":"https:\/\/streiner.mx\/en\/case_study\/political-corruption-in-ukraine\/","title":{"rendered":"Political Corruption in Ukraine"},"content":{"rendered":"<h3><img decoding=\"async\" src=\"https:\/\/pbs.twimg.com\/media\/EC7Lfg6XUAAFIf3.jpg\" \/><\/h3>\n<h3>Context<\/h3>\n<p>Ucrania\u2019s ex-president, Viktor Yanukovych, came to power as prime minister in the elections of 2004 after protests sparked all over the country, which were known as the Orange Revolution. The elections were declared fraudulent at the time and his reputation was badly damaged. Later Yanukovych was elected for a second term as prime minister from 2006 to 2007, time in which he became the most popular politician in Ukraine.<\/p>\n<p>In 2010, he won the presidential elections but on February of 2014 Yanukovych and his family fled the country after a series of protests led to profound social unrest (BBC, 2014).<\/p>\n<h3>Facts: Who gave what to whom and why?<\/h3>\n<p>After Yanukovych left Ukraine, authorities found a series of documents in his property that showed that showed just how he financed a luxurious life at the expense of Ukraine\u2019s . Yanukovych used nominees as frontmen in a complex web of shell companies from Vienna to London to Lichteinstein in order to syphon off Ukraine\u2019s public funds for personal gain citizens (Transparency, 2019).<\/p>\n<p>In fact, one of the companies that participated in these transactions was Davis Manafort Partner\u2019s company, which was associated to Paul Manafort, Donald Trump\u2019s presidential campaign manager (Kozyreva, 2018).<\/p>\n<p>Furthermore, documents found in Yanukovych property revealed that he and his associates syphoned off public funds to companies and bank accounts controlled by them (Kozyreva, 2018). In total, it is estimated that Viktor Yakunovych and his associated disappeared USD $40 millions (Kozyreva, 2018).<\/p>\n<p>Soon after Yaunovyc fled his country, U.S government announced that it would aid Ukraine to recover the assets stolen by Yakunovych and his associates as part of his acts of corruption. For this reason, the U.S government shared relevant information of several bank accounts belonging Yakunovych and the following transactions were a linked to those bank accounts (Kozyreva, 2018):<\/p>\n<ul>\n<li>A conglomerate known as MAKO, which was controlled by Yakunovych\u2019s son received USD $74 million in obscure transactions made by subsidiaries in Ukraine, Netherlands and Switzerland.<\/li>\n<li>A dozen of public officials made a series of transactions and among them there a transaction made by, former Ukraine\u2019s energy secretary, who syphoned off USD $400 million to purchase an oil platform with an estimated value of USD $248 million.<\/li>\n<li>A group of oligarchs obtained USD $ 5,000 million through energy companies.<\/li>\n<li>A company called Prosperity Developments, controlled by a friend of Yakunovych\u2019s son was involved in a suspicious USD $550 million transaction.<\/li>\n<\/ul>\n<p>In 2017, a court in Ukraine declared that the criminal organization known as \u201cThe Family\u201d, which was controlled by Yakunovych laundered public funds through 400 companies, among them, Prosperity Developments (Kozyreva, 2018).<\/p>\n<h3><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter wp-image-634 size-large\" style=\"font-size: 16px; font-weight: 400;\" src=\"https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/sanctionstunisia-1-1024x199.jpg\" alt=\"\" width=\"640\" height=\"124\" srcset=\"https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/sanctionstunisia-1-1024x199.jpg 1024w, https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/sanctionstunisia-1-300x58.jpg 300w, https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/sanctionstunisia-1-768x149.jpg 768w\" sizes=\"auto, (max-width: 640px) 100vw, 640px\" \/><\/h3>\n<h3><strong>Applicable Law<\/strong><\/h3>\n<ul>\n<li>United Nations Convention Against Corruption.<\/li>\n<li>Criminal Code of Ukraine (Chapter XVII)<\/li>\n<li>Law of Ukraine \u201cOn Prevention of Corruption\u201d<\/li>\n<\/ul>\n<h3>Why the case is relevant?<\/h3>\n<p>Ukraine\u2019s case if relevant as it is a case of political and grand corruption that involves a complicated web of nominees, shell companies and bank accounts in tax havens. Even though Yakunovych has not been arrested nor sentenced for corruption charges, he has been sentenced for treason as he asked Vladimir Putin in order to invade Ukraine after he fled the country (Siusel, 2017).<\/p>\n<p>&nbsp;<\/p>\n<h3>Lessons learned<\/h3>\n<p>Corruption can create complex and even bigger webs of criminal activities that can go from the use of nominees to the creation of shells companies and money laundering. These criminal activities can be used to perpetrate abuses not only against the nations which are used to commit these activities but also against the global financial system.<\/p>\n<h3>What type of corruption is it and what are the crimes involved?<\/h3>\n<p>Ukraine\u2019s case is very complex because it is a case political corruption as well as grand corruption due to a series of corrupt activities that as mentioned before involve the use of nominees, the creation of shell companies and money laundering.<\/p>\n<p>First, it is a case of grand corruption because the sums of money involved in the transactions among shell companies and Yakunovych bank accounts were huge (Abogados, s.f.).<\/p>\n<p>Secondly, it is a case of political corruption because there was a manipulation of institutions in the allocation of public funds that in these case were used to enrich Yakunovych and his associates (Abogados, s.f.).<\/p>\n<p>Thirdly, Yakunovych and his associates used shell companies, which are moral persons that have no physical presence in their jurisdiction or commercial activities and are created in tax havens with the only objective of protecting their beneficial owner from taxes (Abogados, s.f.).<\/p>\n<p>Furthermore, the shell companies used in the transactions were headed nominees (commonly known as strawmen), who act on behalf of the beneficial owner in order to hide his or her identity (Abogados, s.f.).<\/p>\n<p>Let\u2019s not forget that \u201cThe family\u201d was also sentenced for money laundering, which occurs when trying to hide the origin of resources obtained in an illegal manner (Abogados, s.f.).<\/p>\n<img loading=\"lazy\" decoding=\"async\" class=\"aligncenter wp-image-630 \" src=\"https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/tunisia-1024x230.png\" alt=\"\" width=\"551\" height=\"124\" srcset=\"https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/tunisia-1024x230.png 1024w, https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/tunisia-300x67.png 300w, https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/tunisia-768x173.png 768w\" sizes=\"auto, (max-width: 551px) 100vw, 551px\" \/>\n<img loading=\"lazy\" decoding=\"async\" class=\"aligncenter wp-image-649 \" src=\"https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/assetukraine-1024x237.png\" alt=\"\" width=\"523\" height=\"121\" srcset=\"https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/assetukraine-1024x237.png 1024w, https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/assetukraine-300x70.png 300w, https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/assetukraine-768x178.png 768w\" sizes=\"auto, (max-width: 523px) 100vw, 523px\" \/> <img loading=\"lazy\" decoding=\"async\" class=\"aligncenter wp-image-651 \" src=\"https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/ukrainesanctions-1024x237.png\" alt=\"\" width=\"527\" height=\"122\" srcset=\"https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/ukrainesanctions-1024x237.png 1024w, https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/ukrainesanctions-300x70.png 300w, https:\/\/streiner.mx\/wp-content\/uploads\/2019\/09\/ukrainesanctions-768x178.png 768w\" sizes=\"auto, (max-width: 527px) 100vw, 527px\" \/>\n<p><strong>References (Harvard &#8211; Anglia)<\/strong><\/p>\n<p>Abogados, D., s.f. <em>Glosario de Derecho Anticorrupci\u00f3n. <\/em>[Online]<br \/>\nAvailable at: Ebook<\/p>\n<p>Convention, U. N., s.f. <em>Grand Corruption occurs when. <\/em>[Online]<br \/>\nAvailable at: Grand corruption occurs when. [Ebook]. Oficina de las Naciones Unidas contra la Droga y el Delito. Recuperado de https:\/\/bit.ly\/2momz6s<\/p>\n<p>Kozyreva, T. &amp;. L. J., 2018. <em>BuzzFeed News. <\/em>[Online]<br \/>\nAvailable at: https:\/\/bit.ly\/2lYuI1h<\/p>\n<p>Roth, A., 2019. <em>The Guardian. <\/em>[Online]<br \/>\nAvailable at: https:\/\/bit.ly\/2DW92br<\/p>\n<p>BBC, 2014. <em>BBC. <\/em>[Online]<br \/>\nAvailable at: https:\/\/bbc.in\/2k0nucv<\/p>\n<p>Siusel, I. &amp;. M. M., 2017. <em>Global Compliance News. <\/em>[Online]<br \/>\nAvailable at: https:\/\/www.globalcompliancenews.com\/anti-corruption\/anti-corruption-in-ukraine\/<\/p>\n<p>International, T., 2019. <em>Transparency International the global coalition against corruption. <\/em>[Online]<br \/>\nAvailable at: https:\/\/bit.ly\/2kh6ajF<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Context Ucrania\u2019s ex-president, Viktor Yanukovych, came to power as prime minister in the elections of 2004 after protests sparked all over the country, which were known as the Orange Revolution. The elections were declared fraudulent at the time and his reputation was badly damaged. Later Yanukovych was elected for a second term as prime minister [&hellip;]<\/p>\n","protected":false},"author":6,"featured_media":0,"template":"","categoria_caso_estudio":[148,139,150],"class_list":["post-648","caso_estudio","type-caso_estudio","status-publish","hentry","categoria_caso_estudio-former-presidents","categoria_caso_estudio-grand-corruption","categoria_caso_estudio-trial-in-absentia"],"acf":[],"_links":{"self":[{"href":"https:\/\/streiner.mx\/en\/wp-json\/wp\/v2\/caso_estudio\/648","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/streiner.mx\/en\/wp-json\/wp\/v2\/caso_estudio"}],"about":[{"href":"https:\/\/streiner.mx\/en\/wp-json\/wp\/v2\/types\/caso_estudio"}],"author":[{"embeddable":true,"href":"https:\/\/streiner.mx\/en\/wp-json\/wp\/v2\/users\/6"}],"wp:attachment":[{"href":"https:\/\/streiner.mx\/en\/wp-json\/wp\/v2\/media?parent=648"}],"wp:term":[{"taxonomy":"categoria_caso_estudio","embeddable":true,"href":"https:\/\/streiner.mx\/en\/wp-json\/wp\/v2\/categoria_caso_estudio?post=648"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}