Burlakov case

Burlakov case is a large-scale series of international court processes ongoing in several international jurisdictions, including London-based High Court of Justice, regarding inheritance of prominent Russian businessman Oleg Burlakov, who died of COVID in 2021 and left fortune evaluated at nearly 3 billion of pounds.[1][2][3]

Burlakov case
Oleg Burlakov in 2010

The countries, where the case is ongoing, are the UK, Monaco, Panama, Montenegro, Switzerland, Ukraine, USA and Russia.

Premises

Oleg Leonidovich Burlakov[4][5] was a Russian oligarch[6] and billionaire. In 2021, Burlakov was ranked 177th in the Russian Forbes list with a fortune of nearly 3 billion pounds.[7] In the same year, he died from COVID-19.[8][9] The circumstances of death produce suspicions that he could be assassinated.[9][10]

Burlakov was born in Leningrad in August 24, 1949. His father was a military engineer specializing in nuclear weapons. Oleg Burlakov spent childhood in Crimea, and later educated at Kyiv Military Aviation Engineering Academy. There he met his future wife Ludmila, whom he married in 1971. Later, two daughters were born, named Elena and Veronika.

About 20 years of his early career Burlakov served in the USSR's Soviet Army, conducting scientific researches in sphere of military aviation. In 1980 he successfully defended a dissertation for academic degree of candidate of technical sciences at Moscow-based Zhukovsky Air Force Engineering Academy. In 1989 he left Soviet Army for "moral reasons" in the course of ongoing dissolution of the Soviet Union.[11]

Oleg Burlakov had a close friend, Nikolay Kazakov, who later became his business partner and a husband of Oleg's sister, Vera. In 1989 they three founded an industrial company in Kharkov city, entitled "Integral". The company specialized in development of fuel systems for automobile industry. The USSR collapsed in 1991, while Burlakov and Kazakov were enlarging their businesses, becoming co-founders of several large industrial companies, particularly "Belgorodcement", "Novoroscement" and "Burneftegaz".

In 1994 Oleg Burlakov transfered his family to Canada after criminals in Russia tried to kidnap his daughters. Ludmila Burlakova and daughters Elena and Veronika came to live in Canada permanently and generally gave up visiting their native Russia. Oleg Burlakov in 2010s received residence permit in Monaco and became a taxpayer there.

The beginning of the conflict

The "Belgorodcement" factory was sold by Burlakov and Kazakov in year 2003 for 75 million of US dollars. The resulting funds were invested in "Novoroscement". In 2007 the partners sold their shares in "Novoroscement" for about 1.5 billion of US dollars. In the same year the partners bought the oil company "Burneftegaz" and were supporting it until 2014, after that they also sold it.

In the same year big amount of money received from "Burneftegaz" sale, together with some other Burlakov's and Kazakov's capitals, were transfered into possession of Lyudmila Burlakova for the purposes of tax optimization. They were all in family relatioships, as Kazakov is married to Vera Burlakova.

In 2017–2018 the relationships within the family were becoming increasingly hostile. According to mass media, this was mainly because Oleg Burlakov turned out to be in intimate relationships with a woman called Sofia Shevtsova, a stewardess.[12] It became known that Burlakov and Shevtsova were aiming to conceive a child using in vitro fertilisation and made many attempts to do it. Burlakov's wife and daughters began to portray very aggressive behaviour towards him.

In 2018 Lyudmila Burlakova took away from her bank accounts capitals of Burlakov and Kazakov, that were aimed by them to be kept by her. This was assisted by her daughters and their husbands, one of them American lawyer called Gregory Gliner.[13] The overall amount is estimated at 1.5 billion of US dollars, and majority of the funds are considered to be earned by Nikolay Kazakov.

Divorce proceedings

In 2018, Lyudmila Burlakova began divorce proceedings, which were accompanied by a monetary dispute between the spouses. Oleg Burlakov believed that his wife had stolen money and initiated a criminal investigation against her in Monaco.[5]

In March 2019, the court decided to separate Lyudmila and Oleg Burlakov inside their apartment in Monaco: the 10th and 11th floor with a swimming pool were given to Lyudmila, while the 9th floor was left to the businessman.[14]

In September 2019, Burlakov accused his wife and youngest daughter Veronika of fraud by filing allegations to courts in Monaco, Switzerland, Cyprus, Isle of Man and Panama. According to him, the two embezzled $1 billion, which belonged to Nikolai Kazakov. In the lawsuit, the businessman argued that part of the funds belonged to his business partner, with whom he had earned the money from the sale of the Burneftegaz ($1 billion) and Novoroscement ($1.45 billion) companies. In 2018, without the consent of Burlakov and Kazakov, the money was withdrawn into various offshore accounts belonging to Lyudmila Burlakova, including one on the island of Guernsey. Some of the money ended up in the accounts of Burlakov's daughters and some in a Bahamian trust, whose beneficiaries are the businessman's wife and daughters.[14][15]

However, the Zurich prosecutor's office and the appellate court rejected Burlakov's claim, stating that there was no evidence of a fiduciary relationship with Kazakov. As of December 2021, a similar case began pending before a court in Monaco[14].

In 2020, Lyudmila Burlakova filed a lawsuit against her husband in the High Court of England and Wales. In addition to her husband, 12 individuals and entities in Switzerland were marked as defendants, including Leo Trust, the company that managed the Burlakovs' joint accounts.[16][17]

Earlier, the Swiss publication Finews, citing court documents, wrote that two former members of Leo Trust's board of directors in Zurich had filed a lawsuit against the owner and chairman of the company's board of directors. They accused him of falsifying and setting up a $1.35 billion loan agreement retroactively for Oleg Burlakov. After that, the director of Leo Trust filed a counterclaim against these two members of the board of directors of the company accusing them of forging documents, data theft and attempted blackmail.[16][17][18]

However, a Leo Trust representative told Forbes that the Finews article was the result of "a smear campaign currently being conducted by Burlakova's entourage and aimed at undermining Leo Trust's professional reputation and business." The company denied all criminal charges against it.[18]

Oleg Burlakov's adult daughters, Veronika and Elena, stopped communicating with their father, taking the side of their mother. According to an Izvestia source, Burlakov made several attempts to establish relations with his daughters, but received only formal letters from the daughters' lawyers demanding that all contact cease in response.[5]

The divorce was supposed to be finalized at the end of the summer of 2021, but the businessman passed away before it was completed.[5]

Circumstances of death

In 2018, a tracking device was found within Burlakov's private jet. The Nice prosecutor's office launched an investigation into the invasion of Burlakov's privacy. According to Forbes’ sources, the tracker was brought on board in a bag carried by his daughter Veronika.[14]

Also in 2018 assassination attempt was conducted against Burlakov in Moscow, he was wounded.[19] A tracking device was also founded in his car.

Oleg Burlakov died from COVID-19 in 2021 in a hospital called Lapino near Moscow. The circumstances of death produce suspicions that he could be assassinated.

Vera Kazakova, his sister, was going to bury him at Serafimovskoe Cemetery in his native Saint Petersburg where graves of his mother, father and grandmother are situated. Vera Kazakova says that Oleg expressed will to be buried there.

However, the businessman's widow Lyudmila Burlakova and her daughters Veroniсa and Elena insisted on burying the body in Canada, despite that, according to Izvestia, they never visited Oleg Burlakov in the hospital.[5][20][21] Kazakova claims that throughout the course of the businessman's illness, none of Burlakov's immediate family asked for information about his state of health.[20] However, representatives of Burlakov's wife and daughters have stated that they did request such information.[22][21]

Russian authorities refused to hand body of Burlakov to his sister. Later people, who claimed to be lawyers of his wife, brought the body out of the morgue. Vera Kazakova demanded legal check up of that from the Investigative Committee of Russia. The deceased was moved to another morgue by order of the investigator, but Burlakov's widow appealed the decision. The body was eventually taken by the lawyers again[5] and transfered to Switzerland[23] and later to Canada. It is known that at the moment it was forbidden to transfer to Canada bodies with COVID due to pandemic restrictions.

In February 2021, potential violations in the removal of the body were being investigated and the issue of initiating a criminal case was being studied. In October 2021, the circumstances of the removal of Oleg Burlakov's body abroad began and were analyzed by the Solntsevsky interdistrict investigative department (Investigative Directorate, the Western Administrative District of Moscow). The inspection showed that Vnukovo customs officers had accepted false documents in regard to the export of the billionaire's body[24][25][5].

Burlakov was cremated and buried in Canada on July 16, 2021. According to the magazine «Company» source,[26] Burlakov's body was buried in the columbarium wall without an identification plate.

Inheritance claims

Oleg Burlakov's inheritance is being claimed by Lyudmila Burlakova, both of his daughters, his sister Vera Kazakova and her husband and business partner Nikolai Kazakov. It is also being claimed by Sofia Shevtsova, who is acting in the interest of her daughter who is a minor, whose father is allegedly Burlakov. Shevtsova filed a lawsuit in St. Petersburg in December 2021 to establish that Oleg Burlakov was indeed her daughter's father.[27]

In 2004, Oleg Burlakov made a will, in which his wife was named as his only heir.[28]

After his death, however, another will was found, that was handwritten and dated 2019.[26] In this document, he leaves all of his property to his sister Vera Kazakova and her husband Nikolai Kazakov: his wife and daughters are not mentioned in this version of the will.[29][30] The businessman also instructs his sister and brother-in-law to take care of Sofia Shevtsova and her daughter as well as other members of his family.[14]

International court proceedings about inheritance

After Burlakov's death, a number of court and police proceedings, both civil and criminal, are continuing to be processed in several countries of the world. Mainly they concern applicability of the two will papers and distribution of funds, but there are also other-type cases.

UK

In the UK, a lawsuit has been filed in the High Court of Justice. In the lawsuit Lyudmila Burlakova demands from Nikolai Kazakov that Oleg Burlakov and Nikolai Kazakov were never business partners and did not have joint business interests. She also demands to recover damages in the amount of 700 million US dollars. As of April 2023, this process is at an early stage.

Monaco

Civil trial: contesting the recognition of Burlakov's 2004 will in favor of Nikolai Kazakov and Vera Kazakova. The court recognized that it was in its jurisdiction and assigned a manager of the inherited estate. The debates and other proceedings are expected by the end of 2023.

Criminal proceedings: a criminal case against Lyudmila Burlakova was initiated in connection with abuse of trust, concealment and money laundering in 2018, when she withdrew assets transferred to her for safekeeping in her favor.

Panama

Nikolay Kazakov have a company in Panama, and Veronika Burlakova attempted to claim it via several Panaman courts.

Montenegro

Burlakov widow and daughters attempted to claim the yacht "Black Pearl", owned by Burlakov, in the Court of Montenegro. The court refused to seize the vessel and to conduct an inventory.

Switzerland

Along with Leo Trust affairs, processes were initiated at the request of Luydmila and daughters about the seizure of the accounts of Kazakov family and to initiate several criminal cases against them. Processes were canceled.

Ukraine

Three criminal cases have been initiated against Lyudmila Burlakova: contempt of court, fraudulent seizure of inheritance, embezzlement of property. As of April 2023, all three cases are at the initial stage.

USA

Burlakov family filed a lawsuit against the Kazakov family for the recovery of $15 million (withdrawal of $5 million from the trust and illegal transfer of rights to the apartment). As part of this process, Nikolai Kazakov filed a counterclaim, where Kazakov makes the above-described demands to his opponents, including charges of fraud, withdrawal of partner funds, and so on. In response, opponents accused the Kazakov family of violating the RICO law, claiming that they are racketeers who support corruption and illegal ways of resolving disputes. But, having convinced themselves of the insolvency of their position, in terms of the RICO law, Burlakov voluntarily withdrew the claim. Hearings are not expected until June 2024.

As well, a claim by Nikolay Kazakov was filed in the USA against Lyudmila, her daughters and Gregory Gliner. Nikolai claims that Gliner used his knowledge and professional connections to facilitate the transfer and dissipation of partnership assets of Kazakov and Oleg Bourlakov. Some of the assets were allegedly moved through hedge fund Ironwall Capital by creating false losses on investments in an effort to cover up significant transfers of those assets abroad.[31]

Russia

Lyublinsky district court of the Russian Federation recognized the 2019 will as valid on October 8, 2022. Recognition was appealed in Moscow City Court, which confirmed the decision on April 4, 2023.[32] In accordance with the Civil Code of Russia, the form of the will is determined by the law of the country in which the person had permanent residence at the time of its preparation. It cannot be invalidated due to observance of its form if the form complies with the laws of the place where the will was made.[14]

In the meantime, stewardess Sofia Shevtsova appealed to Vyborgsky district court to recognize her daughter Nicole as daughter of Oleg Burlakov. The court supported her on March 11, 2022. The decision was also appealed and appellation court canceled the decision and ordered a genetic testing.

As well, Ludmila Burlakova made an appeal to Petrogradsky district of Saint Petersburg against Nikolay Kazakov to collect from him 800 million of Russian rubles. First instance court rejected the claim, the reject was appealed and appealing court confirmed first instance on October 22, 2022. Appellation to cassation instance was made, but the initial decision was kept by it on March 3, 2023.

Latvia

Latvian authorities launched criminal proceedings against Sofia Shevtsova, Ludmila Burlakova and Elena Burlakova, as well as their local affiliate Ingūna Bobrovska, for an alleged conspiracy to seize assets of Oleg Burlakov.[31]

Cyprus

The process on the application of Sofia Shevtsova and Lyudmila Burlakova for the recognition of the Latvian certificate of inheritance and freezing of assets of Nikolai Kazakov in Cyprus. The decision to freeze the assets of Nikolai Kazakov in Cyprus is being challenged in court.

See also

References

  1. https://www.rferl.org/a/russia-burlakov-businessman-death-investigation-family/31328699.html
  2. https://www.businesswire.com/news/home/20210817005810/en/Oleg-Burlakov-Leading-Russian-Entrepreneur-Self-Made-Billionaire-Eco-Sailing-Pioneer-Dies-At-72
  3. (in Latvian) https://forbesbaltics.com/lv/zinas/raksts/latvijas-policija-noversh-krievijas-valstspiederigo-meginajumu-nelikumi-sagrabt-latvija-atstatu-mantojumu
  4. "Семья миллиардера Бурлакова хочет провести независимую экспертизу обстоятельств его смерти". Forbes.ru (in Russian). Retrieved 2022-02-14.
  5. Юлия Романова (2021-10-20). "Наследный принцип: чем закончится спор за миллиарды Олега Бурлакова". Известия (in Russian). Retrieved 2022-02-14.
  6. "Russian Inheritance Battle Reaches Switzerland". finews.com. 25 March 2022. Retrieved 16 April 2022.
  7. (in Russian) https://t.rbc.ru/tyumen/15/12/2021/61b9b7f69a79470ca45bda21
  8. "Олег Бурлаков". Forbes.ru (in Russian). Retrieved 2022-02-14.
  9. "Бизнесмен из списка Forbes умер от коронавируса". Forbes.ru (in Russian). Retrieved 2022-02-14.
  10. "Россиянин из списка Forbes умер от коронавируса". РБК (in Russian). Retrieved 2022-02-14.
  11. (in Russian) https://www.forbes.ru//milliardery/350965-zelenye-parusa-kak-odin-iz-samyh-skrytnyh-uchastnikov-spiska-forbes-oleg-burlakov
  12. (in Russian) https://www.kommersant.ru/doc/5681642
  13. https://ruscrime.com/the-lublin-court-recognized-the-law-of-monaco-the-sister-of-the-late-vera-and-her-husband-nikolai-kazakov-will-receive-a-fortune-of-3-billion/
  14. "Семейные ценности: как наследники Олега Бурлакова борются за $2,7 млрд". Forbes.ru (in Russian). Retrieved 2022-02-14.
  15. "Завещание по праву проживания: наследство Олега Бурлакова может получить его сестра". newizv.ru (in Russian). Retrieved 2022-02-14.
  16. ""Чёрная жемчужина" за $250 млн: что будут делить наследники мультимиллионера Бурлакова". Life.ru (in Russian). 2021-06-28. Retrieved 2022-02-14.
  17. "Супруга участника списка Forbes Олега Бурлакова подала на него в лондонский суд". Forbes.ru (in Russian). Retrieved 2022-02-14.
  18. "Leo Trust: Oligarchen-Scheidung führt zu wüstem Inhaber-Streit". finews.ch (in German). 2020-07-24. Retrieved 2022-02-14.
  19. (in Russian) https://www.forbes.ru/milliardery/368791-v-moskve-soversheno-pokushenie-na-biznesmena-burlakova
  20. "Тело миллионера Бурлакова передано его жене". Forbes.ru (in Russian). Retrieved 2022-02-14.
  21. "Миллионера Бурлакова похоронили в Канаде". Forbes.ru (in Russian). Retrieved 2022-02-14.
  22. ""Начался танец на костях": сестра умершего миллионера Бурлакова обратилась в СК". Forbes.ru (in Russian). Retrieved 2022-02-14.
  23. (in Russian) https://www.mk.ru/social/2021/10/18/stalo-izvestno-o-nezakonnom-vyvoze-tela-milliardera-burlakova-v-shveycariyu.html https://www.osnmedia.ru/proisshestviya/telo-milliardera-iz-spiska-forbes-burlakova-nezakonno-vyvezli-v-shvejtsariyu/
  24. "Стало известно о незаконном вывозе тела миллиардера Бурлакова в Швейцарию". www.mk.ru (in Russian). Retrieved 2022-02-14.
  25. Натали Нойманн (2021-10-18). "Тело миллиардера из списка Forbes Бурлакова незаконно вывезли в Швейцарию". Общественная служба новостей (in Russian). Retrieved 2022-02-14.
  26. "Продолжается борьба за наследство Олега Бурлакова". ko.ru (in Russian). Retrieved 2022-02-14.
  27. "Наследники рвут тело покойного - Вера Казакова, Людмила Бурлакова и София Шевцова бьются за счета, $ 650 млн и "Чёрную жемчужину" Олега Бурлакова". versia.ru (in Russian). Retrieved 2022-02-14.
  28. "Вдова российского миллиардера захотела долю в его наследстве". Рамблер/новости (in Russian). Retrieved 2022-02-14.
  29. Елена Белова (2021-08-20). "В Монако нашли завещание российского бизнесмена Олега Бурлакова". Известия (in Russian). Retrieved 2022-02-14.
  30. Евгений ПРОСКУРЯКОВ (2021-11-23). "Наследники российского богача спорят из-за "пиратской яхты" стоимостью в 21 млрд рублей". kp.ru (in Russian). Retrieved 2022-02-14.
  31. https://the-daily.org/health/item/73475-latvian-police-foil-an-attempt-by-russian-nationals-to-illegally-seize-inheritance-left-in-latvia
  32. (in Russian) https://versia.ru/v-bitve-za-mnogomilliardnoe-nasledstvo-sud-priznal-edinstvennoe-zaveshhanie-olega-burlakova https://ria.ru/20221124/nasledstvo-1833908940.html
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