Investigations
In November 2006, the Investigative Committee of the Russian Federation initiated a criminal proceeding related to operations of three RussNeft subsidiaries: Nafta-Ulyanovsk, Ulyanovskneft and Aganneftegazgeologiya. According to the investigation, in 2003-2004 Aganneftegazgeologiya exceeded its permitted output in developing the oilfields at Zapadno-Mogutlorskoye and Roslavlskoye and received ₽5 billion in excess profit. Similar violations were discovered by the General Prosecutor's Office during investigations of Nafta-Ulyanovsk and Ulyanovskneft; managers of the companies exceeded quotas allowed by the subsoil licenses. The income of Nafta-Ulyanovsk from the sale of illegally-produced oil amounted to about ₽700 million, and the income of Ulyanovskneft reached ₽2 billion.[5]
In late January 2007, authorities began investigating the company for tax evasion. On February 12, 2007, Gutseriev was charged with violating Part 2, Article 199 of the Criminal Code of the Russian Federation. The Federal Tax Service submitted eight claims to Russneft's former and current shareholders in April 2007. The tax authorities believed that stock in the company was sold at a low price to evade taxes. [6][7] In June 2007, Tax Inspection No. 1 made a claim on RusNeft for ₽17.1 billion (₽14.5 billion in taxes and surcharges and ₽2.6 billion in penalties).[8][9]
Gutseriev reported in late July that he was being pressured by the Russian government and would sell the company to Bazoviy Element, a holding company owned by Kremlin loyalist Oleg Deripaska. He resigned as president, saying that he would end his business activity and go into research. On July 31, the Lefortovo Court seized all RussNeft shares.[10][11]
On November 9, 2007, the Arbitration Court of Appeal upheld the order of the Arbitration Court of Moscow fining Russneft about ₽17 billion for the second half of 2004 and all of 2005. After the decision, tax authorities would begin charging arrears.[12]
In January 2010, Gutseriev regained control of the oil company. By mid-April, all charges against him were dropped.
On May 4, 2017, Gutseriev was charged with illegal business activity in violation of paragraphs a and b of part 2, Article 171 of the Criminal Code of the Russian Federation. His travel was restricted before trial.[5]
Political considerations also influenced the investigations. A source close to the government of Ingushetia said that Gutseriev angered security services by preventing the development of Russneft in Ingushetia, but Kommersant downplayed that. According to Russneft, Gutseriev clashed with a high-ranking Kremlin official. It was less related to the oil business, but more to the political initiatives of M.Gutseriev. RBK Daily reported that Russneft had purchased assets from YUKOS which were not approved by the Kremlin, but refused to purchase Transpetrol (a Slovak pipeline company of strategic significance to Russia).[13]
A number of experts said that one reason for pressure on Gutseriev was his refusal to sell Russneft to a state company for US$1 billion in 2006. Another reason was connected to his financing of opposition to Ingush president Murat Zyazikov.[14][15]
