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SPAK lists the accusations against Berisha and Malltez / Suspicions of corruption and benefits from the privatization of "Partizan"

2023-10-22 11:16:00, Aktualitet CNA

SPAK lists the accusations against Berisha and Malltez / Suspicions of

SPAK has issued an official announcement regarding the arrest of Jamarbër Malltez, the son-in-law of former Prime Minister Sali Berisha, and the "compulsion to appear" measure for Berisha himself.

The Special Prosecutor's Office has listed the charges against Berisha and Malltez, as well as the builder Fatmir Bektashi, who, like the former prime minister, has been placed under "obligation to appear".

Berisha is suspected of having committed the criminal offense of "Passive corruption of high state officials or local elected officials", committed in collaboration with Malltez.

The latter is accused of having committed "Passive corruption of high state officials or local elected officials", carried out in collaboration with Berisha.

Also, he is suspected of having committed the criminal offense of "Cleaning the proceeds of a criminal offense or criminal activity" in cooperation with the builder.

As for Fatmir Bektesh, it is suspected that he has committed the criminal offense of "Active corruption of high state officials".

SPAK claims that Berisha, in his capacity as Prime Minister, has favored the privatization procedures of the former Partizani Complex and the direct beneficiary has been Malltezi.

On the land of the former Partizani Complex, Malltezi, as an investor from the company "Homeplan" sh.pk, has carried out constructions and the benefits are calculated in the amount of 672 billion ALL or 5 million euros.

Full notice of SPAK:

The Special Prosecutor's Office against Corruption and Organized Crime in Tirana has continued the investigations within the framework of criminal proceedings no. 287 of 2020, registered for the criminal offenses of "Passive corruption of high state officials or local elected officials" committed in cooperation, "Active corruption of high official officials or local elected officials" and "Cleaning of the proceeds of the criminal offense or activity criminal", carried out in cooperation, provided by articles 260 and 25, 245 and 287, second paragraph of the Criminal Code.

The object of the investigation of this criminal proceeding is the actions carried out by high state officials and other persons, for the privatization of the grounds and sports facilities of the "Partizani Football Club" and "Partizani Multisports Club". 

Following the investigation, reasonable suspicion was established, based on evidence, that, from:

The citizen SB has committed the criminal offense of "Passive corruption of high state officials or local elected officials", committed in cooperation with the citizen JM, provided for by article 260 and 25 of the Criminal Code.

·  On the part of the citizen SB, in his capacity as Prime Minister of the Republic of Albania, concrete and active actions have been carried out, in the adoption of laws or by-laws, with the aim of adapting them according to the needs presented to the five known owner families, where winners directly among others, turned out to be his daughter's husband, citizen JM

·  On the part of the citizen SB, in his capacity as the Prime Minister of the Republic of Albania, active actions were carried out to carry out administrative controls, with the aim of exerting pressure and giving concrete orders, for the conclusion of the privatization procedures, in favor of others, including citizen JM, his daughter's husband.

· On the part of the citizen SB, in his capacity as Prime Minister of the Republic of Albania, active actions were carried out in placing at the disposal of the citizen JM, the husband of his daughter, various structures of the state administration for the realization of the privatization process state property.

The irregular benefit in favor of citizen JM, in the capacity of the husband of the Prime Minister's daughter, citizen SB, there is a reasonable suspicion, based on evidence, that it is:

· Privatization of sports grounds and facilities, with the sole purpose of being seized, changed destination and used for material benefits by the citizen JM 

· The changes made in relation to the destination of the areas from sports to residential, which has led to the construction, from which the citizen JM has benefited directly

· All the monetary benefits that the citizen JM received as an investor from the company "Homeplan" sh.pk, without investing in the latter, benefits received before he was declared as a spouse in this company, the profits accumulated over the years to this company as well as those distributed in the following, after the year 2018, calculated in total in the amount of 672 976 832 lek or 5 420 345 euros.

The citizen JM is suspected of having committed the criminal offense of "Passive corruption of high state officials or local elected officials", committed in cooperation with the citizen SB, since in agreement with the latter, using the power of the former Prime Minister, he managed to receive the benefits irregular as follows:

·  Privatization of sports grounds and facilities, with the sole purpose of being seized, changed destination and used for material benefits by the citizen JM

·  The changes made in relation to the destination of the areas from sports to residential, which has led to the construction, from which the citizen JM has benefited directly

·  All the monetary benefits that the citizen JM received as an investor from the company "Homeplan" sh.pk, without investing in the latter, benefits received before he was declared as a spouse in this company, the profits accumulated over the years to this company as well as those distributed in the following, after the year 2018, calculated in total in the amount of 672 976 832 lek or 5 420 345 euros.

The citizen JM is suspected of having, in cooperation with the citizen FB, committed the criminal offense of "Cleaning the proceeds of a criminal offense or criminal activity", provided for by Article 287, second paragraph of the Criminal Code, presenting himself as an investor in the works for the construction of the block of apartments, while it does not turn out that he invested, by carrying out financial actions, fragmented transactions, or in cash, to hide the origin and receive the monetary benefit in the amount of 672 976 832 lek or 5 420 345 euros, (illegal benefit) by presented as legal income secured from investment in economic activity.

The citizen FB is suspected of having committed the criminal offense of "Active corruption of high state officials", provided for by article 245 of the Criminal Code, as he is exactly the one who collaborated with the citizen JM to achieve the goal, which was the use of sports territories for carrying out constructions. Through the company "Homeplan" sh.pk, it provided the citizen JM with illegal benefits in the total amount of 672,976,832 lek or 5,420,345 euros.

Also, the citizen FB is suspected of having committed the criminal offense of "Cleaning the proceeds of a criminal offense or criminal activity", provided for by Article 287 of the Criminal Code in cooperation with the citizen JM, as he enabled through the company "Homeplan" sh.pk the realization of concealing the true origin of irregular monetary benefits of the JM citizen, presenting them as legitimate business income.

Within the investigations of this criminal proceeding, based on the request dated 15.10.2023 of the Special Prosecutor's Office against Corruption and Organized Crime in Tirana, the Special Court of First Instance for Corruption and Organized Crime in Tirana, with decision no. 112 dated 20.10.2023, has set the following security measures:

"Compulsion to appear before the judicial police", provided by article 234 of the Code of Criminal Procedure and "Prohibition of going abroad", provided by article 233 of the Code of Criminal Procedure, to the citizen under SB investigation

"Arrest in prison", provided by article 238 of the Code of Criminal Procedure against the citizen under investigation JM

"Compulsion to appear before the judicial police", provided by article 234 of the Code of Criminal Procedure and "Prohibition of going abroad", provided by article 233 of the Code of Criminal Procedure, to the citizen under investigation FB

Based on the request dated 15.10.2023 of the Special Prosecutor's Office against Corruption and Organized Crime in Tirana, the Special Court of First Instance for Corruption and Organized Crime in Tirana, with decision no. 410 dated 20.10.2023, has imposed the property insurance measure "preventive sequestration", for 16 (sixteen) real estate owned by the citizen JM, 6 (six) bank accounts (in euros, dollars and lek) in the name of the citizen JM , as well as shares of the share capital owned by citizen JM in the companies "Homeplan" shpk (45% of shares), "Magnet IMO" shpk (100% of shares) and "Magnet Gym&Fit (60% of shares)./ CNA





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