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The Anti-Corruption Commission (KPCONPI) will have to pay a record BGN 327,000 in costs due to the failure of its forfeiture case against Hristo Biserov’s stepson Ivaylo Glavinkov, a Mediapool inspection showed. The commission wanted to seize a property worth BGN 4 million from Glavinkov, his mother and Glavinkov’s company Solari Elov Dol. It is the equivalence of company shares, amounts in bank accounts granted by Glavnikov loans to companies and a villa in Dolna Banya.
The forfeiture case started five years ago but has been delayed due to the requested interpretation of the confiscation law before the Court of Justice. Before the confiscation case against Glavinkov failed, the case against MRF senior cadre Hristo Bisserov and his relatives, which was being processed by the prosecutor’s office, also failed miserably.
Judge Evgenia Geneva of the Sofia District Court wrote in her decision that KPKONPI was obliged to indicate the specific factual reasons for the illegality of the property acquired by Glavnkov.
“For a source of funds to be illegal, it must have been recognized as such with a final act in the corresponding criminal or administrative process,” the judge wrote.
Remember that the criminal case against Glavinkov ended in 2016 because no evidence was collected. A year later, the Supreme Administrative Court annulled the tax audit law against him. Therefore, KPKONPI’s motives hang. Judge Geneva recalls that some of KPKONPI’s claims have been extinguished by prescription.
The magistrate says that even if KPKONPI’s analysis for the 2007-2009 period is assumed to be correct, Glavinkov has not provided evidence of the origin of only BGN 217,079 owned by him. This is below the threshold of BGN 250,000 and did not constitute a “significant discrepancy” at the time of filing the claim.
However, the court recalls that KPKONPI does not have convincing evidence of the BGN 217,000 in question. KPKONPI’s rejected claim will cost taxpayers to pay BGN 157,500 to Glavinkov, BGN 7,000 to the company and a state fee of BGN 163,243.
KPKONPI can appeal the decision to the Sofia Court of Appeal. The commission is also suing Bisserov, his wife and Glavinkov for almost BGN 2 million, but it has not yet finished in the first instance.
Former Vice President of the National Assembly and MRF Hristo Bisserov was initially charged with money laundering, tax evasion and failure to disclose accounts in Switzerland before the BNB. After that, the Bulgarian prosecutor’s office quickly gave up money laundering, but ruled in court on other charges. This made Biserov one of the leading innocent politicians in the country.
Switzerland refused to comply with the Bulgarian court order because the prosecution’s request was not complete, which was never removed.
The former MP also ordered the prosecution to pay him BGN 7,500 for an illegal charge, and Glavinkov sentenced her to BGN 8,000.
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