FULL - TOP CHANNEL file/ Trials, scandals and Vjollca Hoxha's "fight" to grab the majority of shares

Dozens of lawsuits, hundreds of layoffs, shareholder clashes, departures of founders, partnership with incinerator companies at Lori Kafe, and many other scandals are the facts published from time to time about Vjollca Hoxha, the shareholder of Top Channel, which from for more than two years at the head of television, he has appointed the failed politician that his neighborhood did not even vote for, Ben Blushi.

CNA.al  has recently learned that the file of court proceedings and collisions for Top Channel axons has ended at the US embassy in Tirana.

A full copy of all the scandals that have followed this process has been submitted to Ambassador Yuri Kim.

The trials started by Vjollca Hoxha, for the non-recognition of the 60% majority shares held by Albert Sino and Aurel Baçi, the lawsuits in the prosecutor's office, the spectacles, the decisions, the clashes, up to every abuse and legal violation in the process have been taken to the Embassy of USA.

This more complete file, after the decision of the Tirana Court of Appeal and its sending to the Supreme Court, is the second to be sent to this embassy. The material prepared by a group of jurists is detailed and touches on every step of the process, interventions, and allegations of a manipulated process and corrupt decision of the court.

CNA.al  has published the file in parts, which it is bringing in full today.

A voluminous file that we are bringing in several parts. Everything has to do with Top Channel, the clashes and trials between the shareholders, the lawsuits of Vjollca Hoxha and the long road in the courts, where the two main shareholders, Albert Sino and Aurel Baçi, are continuing their battles with the corrupt justice system.

A long unstoppable road, criminal lawsuits, cases in trial, the prosecution in play and the parties are in full collision. In the Court of Fact, there are several requests, dismissal of judges, then reports to the prosecutor's office in Tirana. Decisions in favor of one party that are overturned in favor of the other party. The battle of shares continues with the proceedings of the Albanian courts. Structure often accused as a corrupt sect, which is already involved in vetting.

With the decision No. 25561 , dated 29.03.2001, of the Court of First Instance of Tirana, the company "Top Channel" was registered as a legal entity, initially established as a limited liability company with Sole Partner and Administrator Mr. Dritan Hoxha, then it was transformed into joint stock company with Decision No. 2556/1 dated 24.02.2016, with the same Sole Shareholder and Administrator Mr. Dritan Hoxha.

On 15.06.2007 , a contract for the sale of shares was signed between the citizen Dritan Hoxha, in the capacity of the seller and Sole Shareholder of the company "Top Channel" sh.a, and the citizens Albert Sino and Aurel Baçi, in the capacity of the Buyer.

Through this contract, the Seller Dritan Hoxha, the Sole Shareholder of the company "Top Channel" sh.a, sells you against the relevant price 60% of the company's shares, namely Mr. Albert Sino 40% and Mr. Aurel Baçi 20%.

On 23.05.2008 , Mr. Dritan Hoxha passed away. With the decision No. 5259 dated 06.06.2008, the Court of the Judicial District of Tirana has issued the certificate of his legal inheritance, naming his wife Vjollca Hoxha and children Lorela, Sara, Redia and Itan Hoxha as the first legal heirs.

After the death of the deceased, the participation in the capital of the company "Top Channel" sha is as follows:

-Mr. Albert Sino, owner of 40% of the company's shares;

-Mr. Aurel Baçi, owner of 20% of the company's shares

- Mrs. Vjollca Hoxha, and children Lorela, Sara, Redia and Itan Hoxha, each of them owning 8% of the shares, i.e. 40% in total.

From this moment onward, the above-mentioned shareholders of the company "Top Channel" have cooperated and jointly managed every issue of the company, without having any claim or opposition to each other. Albert Sino and Aurel Baçi, in the capacity of owners of 60% of the company's shares, have undertaken and performed all the actions recognized by commercial law in relation to the shares, owning and assuming all the rights and obligations derived from ownership on these shares. Throughout the following 9 years, they have regularly attended the meetings of the company's shareholders, taking the relevant decisions in full unanimity and without contesting from any other shareholder.

Despite this 9-year activity as a shareholder of the company, on 18.01.2016, from the shareholders owning 40% of the shares: Vjollca Hoxha, Lorela Hoxha, Sara Hoxha, RediaHoxha, Redia Hoxha and Itan Hoxha, in the capacity of spouse and heirs the legal representatives of the deceased Dritan Hoxha, and at the same time in the capacity of shareholders of the company "Top Channel" sha, have appealed to the Court of the Judicial District of Tirana, requesting the obligation against Albert Sino and Aurel Baçi, in the capacity of the defendants, the plaintiffs claim owner of more than 60% of the shares of the company "Top Channel" sh.a. a, from the defendants Albert Sino and Aurel Baçi.

After learning about the judicial body , on 29.01.2016 , Albert Sino and Aurel Baçi addressed the Court of the Judicial District of Tirana with a request for the exclusion of judge Teuta Hoxha from the further trial of the civil case with no. 5059 of the Act, registered on 18.01.2016 at the Court of the Judicial District of Tirana. With decision no. 180 of the Act, dated 05.02.2016, the Court of the Judicial District of Tirana has decided "to dismiss the request".

The court, in an illegal and unprecedented manner, with the decision no. 5059, dated 05.02.2016 , accepts the request and takes the security measure by suspending the rights derived from the ownership of the shares, in other words the non-participation in the daily meetings of the company, necessary and indispensable for its success, as well as the prohibition of their alienation by the defendants.

After the announcement of this decision on the insurance measure taken by the judge Teuta Hoxha, Albert Sino and Aurel Baçi, majority shareholders, owners of 60% of the shares of the company Top Channel, to whom significant moral and economic damage has been caused, seriously and unfairly damaged their interests, submit a criminal complaint to the Prosecutor's Office of the Judicial District of Tirana, against Judge Teuta Hoxha, for abuse of office based on facts and substantiated evidence.

On February 15, 2016 , the petitioners once again addressed the Court of the Judicial District of Tirana with the request for the exclusion of judge Teuta Hoxha from the further trial of the civil case no. 5059 of the Act. With the decision No. 232, dated 01.03.2016, the Court of the Judicial District of Tirana decided "to accept this request and exclude Judge Teuta Hoxha from judging this civil case." Also, by means of a criminal complaint dated 18.02.2016, addressed to the Prosecutor's Office of the Tirana Judicial District, Mr. Albert Sino and Mr. Aurel Baçi, request the completion of investigations and the exercise of criminal prosecution against the judge of the Tirana Judicial District Court, Teuta Hoxha for the crimes of "abuse of duty" and "forgery of documents" by the person tasked with drafting them.

Also, in defense of the legal rights violated and flagrantly violated in violation of all relevant legislation in force in the Republic of Albania, the Defendant addresses you through official letters to many national and international institutions such as the President of the Republic of Albania, the Prime Minister's Office, the Assembly, the Council of Europe, the European Delegation, foreign embassies such as the American, British, Dutch, etc.

On 17.02.2016 , Albert Sino and Aurel Baçi submitted an appeal to the Tirana Court of Appeal against the security measure, where they request the change of the decision of the Tirana Judicial District Court, No. 5059, dated 05.02.2016 and the removal of the insurance measure of the lawsuit. The Court of Appeal, after analyzing the case, decided to "enforce Decision No. 5059, dated 05.02.2016."

Meanwhile, in relation to the lawsuit against the defendants Albert Sino and Aurel Baçi with the obligation to recognize the plaintiffs as owners of more than 60% of the shares of the company "Top Channel" sh.a. established by Decision No. 5059, dated 05.02.2016, the Court of the Judicial District of Tirana with the decision No. 3873 dated 09.05.2016 , after the review and judgment on the merits of the case by judge Marinela Osmani, decides " dismissal of the lawsuit of the plaintiff parties Vjollca Hoxha, Lorela Hoxha, Sara Hoxha, Redia Hoxha and Itan Hoxha, as well as the removal of the insurance measure of the lawsuit ."

Against this decision, an appeal was filed by the plaintiff in the Tirana Court of Appeal. The latter, with decision no. 436, dated 10.06.2016, decided "to leave in force decision no. 5059 Act, dated 05.02.2016 of the Court of the Judicial District of Tirana."

The parties Albert Sino and Aurel Baçi submitted an appeal to the Supreme Court against decision no. 436, dated 10.06.2016 of the Tirana Court of Appeal and decision no. 5059 act dated 05.02.2016 "for securing the lawsuit" of the Tirana Judicial District Court.

On 21.03.2016 , Albert Sino and Aurel Baçi addressed the Tirana Court of Appeal with a request for the exclusion of judge Agim Bendo from the further trial of civil case No. 5059, dated 05.02.2016, for the taking of the insurance measure of the lawsuit regarding the prohibition of the alienation of the shares of the company "Top Channel" sha and the suspension of their rights.

The plaintiffs, Vjollca Hoxha, Lorela Hoxha, Sara Hoxha, Redia Hoxha and Itan Hoxha, appealed to the Tirana Court of Appeal against decision no. 3873, dated 09.05.2016 of the Courts of the Judicial District of Tirana . The Court of Appeal of Tirana with the decision No. 1641, dated 28.06.2017 , decided "Amendment of the decision no. 3873, dated 09.05.2016 of the Court of the Judicial District of Tirana, thus deciding the obligation of the defendants, Albert Sinos and Aurel Baçit, to recognize the plaintiffs as the owner of more than 60% of the shares of the company "Top Channel" sha, because the Contract of Sale and Purchase of Shares with No. 1154Rep and No. 598/2Col., dated 15.06.2007 is absolutely invalid, since it was committed in violation of the law. In addition, it is ordered to deregister from the register of shareholders of the company "Top Channel" as well as from the register of the extract in the CKB of Albert Sinos and Aurel Baç.

In parallel with the above , on 02.05.2017, Mr. Albert Sino and Mr. Aurel Baçi addressed the Prosecutor's Office of the Judicial District of Tirana, by means of a report for committing the criminal offense of abuse of office and falsification of acts against the Chairman of Tirana Court of Appeal, Hysni Demiraj , emphasizing here

the conviction of the predicates of the non-performance of the regular lot by the latter. With decision no. 5596, dated 25.05.2017, the Prosecutor's Office of the Judicial District of Tirana announced its incompetence and transferred the acts of this criminal proceeding for further prosecution to the Prosecutor's Office at the Elbasan District Court of First Instance. The latter, at the end of the investigation of the criminal proceedings against the President of the Court of Appeal Hysni Demiraj, No. 878 started on 29.05.2017, addressed the Elbasan Judicial District Court with the request for the dismissal of this criminal proceedings, the Court of Elbasan Judicial District, with decision no. 2077, dated 09.10.2017 decided " the acceptance of the request of the Prosecutor's Office of the Elbasan Judicial District and the dismissal of the criminal case No. 878, dated 29.05.2017 for the criminal offense of abuse of duty, due to the failure to prove its performance." On 20.10.2017 , Albert Sino submitted an appeal to the Court of Appeal of Durrës, with the object of changing the decision no. 2077, dated 09.10.2017, of the Elbasan Judicial District Court, ordering the Prosecution of the Elbasan Judicial District to send the case to trial or in the event that the Court will assess the need for further investigations to order the Prosecution to continue the investigations. At the same time, on 04.05.2017, a complaint against judgeHysni Demirajalso submitted to the High Council of Justice. The latter, with decision no. 1692/2 Prot., dated 30.04.2018, has decided "the closure of the disciplinary investigation against the judge of the Court of Appeal of Tirana Hysni Demiraj".

On 14.06.2017 , Mr. Albert Sino, by means of a request addressed to the Tirana Court of Appeal, requests the exclusion of judge Ridvan Hado from the trial of the civil case with the object of obligation to recognize the owner of 60% of the shares of the company "Top Channel" sha.

On 21.06.2017 , Mr. Albert Sino, through a request addressed to the Tirana Court of Appeal, requests the exclusion of judge Gjin Gjoni from the trial of the case.

On 04.04.2016 , Albert Sino and Aurel Baçi addressed the Court of Appeal in Tirana with a request for the exclusion of judge Zegjine Sollaku from the further trial of the civil case for taking the measure of security of the lawsuit regarding the prohibition of the alienation of the company's shares "Top Channel" insulted the suspension of their rights.

On July 13, 2017 , the parties Albert Sino and Aurel Baçi submitted an appeal to the Supreme Court, where they requested "the annulment of decision no. 1661, dated 28.06.2017 of the Court of Appeal of Tirana as a decision contrary to the law and the evidence administered in the process, illogical and contradictory and the enforcement of decision 3873, dated 09.05.2016 of the Court of the Judicial District of Tirana."

The parties before this court, the parties have submitted a request for the dismissal of judge Ardian Dvorani.

The case continues to be in the Supreme Court, to be judged in the future./ CNA.al

"Top Channel File", part three/ Clashes, changes in decisions, criminal reports and accusations against judges

"Top Channel File", the second part/ Trials, lawsuits in the prosecutor's office and clashes continue

"Top Channel file", the first part/ How the clashes in the courts were founded and started

Exclusive/ Top-Channel file, ends at the American embassy

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