Requests for legal assistance from Latvian law enforcement agencies are simply thrown in the bin by the United States. The decision of KNAB to terminate the criminal proceedings in the ABLV bank case reveals that the strategic partner has twice refused to provide evidence regarding the possible involvement of Latvia's largest national commercial bank in corruption and the involvement of Latvian officials in defaming the bank.
Of course, it is not the duty of the United States to help Latvia. However, taking into account Latvia's quick response to any wish of the strategic partner, it would only be self-evident that the United States would treat it equally. But it's not like that. Latvia kindly allows employees appointed by the United States to sit in its Ministry of Finance “within the framework of technical assistance.” On the other hand, the United States refuses to even read the document on the basis of which Latvia's largest national commercial bank has been destroyed on the initiative of the Americans. Latvia sent two letters rogatory to the United States in this particular case, both of which were rejected.
It should be reminded that in 2018, after the US announced the participation of ABLV bank in the laundering of criminal money and bribery of officials in the amount of billions of dollars, the Corruption Prevention and Combating Bureau (KNAB) initiated criminal proceedings. This was done at the bank's own request, as the US statement immediately damaged the bank's reputation and was no longer compatible with the continued use of the US dollar. The management of ABLV bank suspected or knew that Latvian officials, and in particular the then Governor of the Bank of Latvia, Ilmārs Rimšēvičs, had told the Americans falsities about ABLV bank. KNAB looked into the suspicions, investigated them for three years, and ended the criminal proceedings at the end of March, finding no evidence of the American tales of billions spent in corruption, nor the defamation of the bank. No one is to blame, but the bank is dead.
After the official request of Neatkarīgā, KNAB has published the decision to close the case. It is also posted on the institution's website. An explanatory article is attached to it: “KNAB publishes a decision on termination of criminal proceedings in connection with the verification of the allegations expressed by FinCEN and a representative of a commercial bank”. It states that the decision was published "due to the public interest", and explains why the criminal proceedings were initiated and why they were terminated:
“KNAB initiated criminal proceedings to verify the information expressed in the report published by the US Ministry of Finance Financial Crimes Enforcement Network or FinCEN, as well as in the application of a representative of a commercial bank registered in Latvia. KNAB investigated the criminal case of two possible criminal offenses being committed - bribery, if committed by an official holding a responsible position, and abuse of office, if these actions have caused serious consequences. The decision to terminate the criminal proceedings was made because it was not possible to prove the person's guilt in the pre-trial proceedings, as well as it was not possible to gather additional evidence proving a criminal offense being committed.”
In the opinion of Neatkarīgā, it is the lack of evidence that is the most important message to be taken from the information disseminated by KNAB. How can it be that the largest national commercial bank is being liquidated, but there is simply no evidence of its violations!
It should be immediately explained that the decision published by KNAB is anonymized. This means that most of the names of natural persons and legal persons have been deleted from the text at the discretion of the person conducting the proceedings. Even the name of the Bank of Latvia. So everyone can put their own versions in the empty spaces - just like in a crossword puzzle. It is difficult to say what such anonymization gives, if it is also clear which words should be put in the blanks: Bank of Latvia, ABLV Bank, Rimšēvičs, Bernis, Putniņš, etc. Apparently, KNAB thus avoids liability in the event that any mistakes are written in the decision. Many media outlets have already read the decision - each focusing on a different aspect. Pietiek.com writes: "KNAB once again proves its inability - criminal proceedings for Rimšēvičs' attempts to extort bribes from Bernis and Guseļņikovs have been terminated." The amount mentioned in the decision is 80,000 euros.
The agency LETA reports that: "Latvian officials knew about the US plans to turn against ABLV Bank well before the announcement of FinCEN." Already in October 2017. The decision also contains secret conversations of officials. To find out that there were concerns about the possible closure of several Latvian banks already in 2013 and these concerns in the deciphered text are accompanied by heavy cursing. However, in Neatkarīgā's view, a particularly interesting but not publicly discussed reading material can be found on pages 14, 15 and 16 of the KNAB decision. How KNAB tried to get evidence from the US and how it failed.
The strategic partner has refused a request for legal aid from Latvian state investigative institutions. Moreover, not once, but twice. The first request for assistance was sent in July 2018. Investigators had visited the US Federal Register website and found that the information they needed was obscured. They have also requested information on the activities of Latvian officials in the United States in relation to ABLV Bank. At the end of October, a response was received from the Criminal Division of the US Department of Justice: “Due to the sensitivity of the FinCEN investigation and the source of information included in its report, FinCEN registers on Latvian bank investigations are not publicly available and will not be published. Due to this, the information requested in the request for legal aid will not be provided to the Latvian authorities."
In the autumn of 2019, KNAB sent a repeated request for legal aid. In this case, in addition to the above, the documents on the basis of which the bank was subsequently closed were required to be issued: a certified copy of the original Evidence Memorandum of 12 February 2018 and a copy of US FinCEN Report RIN-1506-AB39. The strategic ally refused to issue them as well:
“The US Department of Justice's Criminal Division's response to the request of 13 February 2020 was received on 28 February 2010 stating that the US could not comply with the request for legal aid, for the same reasons given in its previous reply of 12 October 2018."
In the continuation of the criminal proceedings, KNAB questioned the Latvian law enforcement authorities. The Financial and Capital Market Commission was also interviewed. As well as some representatives of some lobbying companies. About the American-mentioned shell companies, money laundering, billion-dollar corruption. And no one confirmed anything like that.
Thus, after three years of investigation, the Latvian state and its institutions do not have a single document and no evidence of the American allegations. Not about bribes, not about money laundering, not about terrorist financing.
But the Americans themselves either hide the evidence, or there really is no such evidence - as the unnamed chairman of the board of an unnamed bank has already stated during KNAB interrogation:
"In _____ view, such objective evidence will not be received from the US authorities, as such evidence simply does not exist."
Criminal proceedings have been terminated. The case is closed. The decision was made by the facilitator of the process N. Tumuškāne, Senior Inspector (Investigator) of the Second Division of the Second Department of KNAB. The decision was coordinated by V. Jirgena, Prosecutor of the Investigation Division of Critical Cases of the Criminal Law Department of the General Prosecutor's Office.
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