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SPAK sends for trial the criminal group that has obtained income through fraud from the concession contract for the construction of the Tirana landfill and incinerator
The Special Prosecution Office against Corruption and Organized Crime has submitted to the Special Court of First Instance the request for the trial of criminal proceedings no. 255 of 2020, against the defendants:
Mirel Mërtiri, accused of committing the following criminal offenses: “Fraud” with serious consequences”, “Laundering of the proceeds of a criminal offense or criminal activity”, committed in special cooperation within the framework of a structured criminal group, “Structured criminal group”, “Commitment of criminal offenses by a criminal organization and a structured criminal group”, provided for by Articles 143/3, 287 letters “a” and “b”, 28/4, 333/a/1 and 334 paragraph 1 of the Criminal Code.
Klodian Zoto, accused of committing the following criminal offenses: “Active corruption of high-ranking state officials or local elected officials”, “Fraud” with serious consequences”, “Laundering of the proceeds of a criminal offense or criminal activity”, committed in special cooperation within the framework of a structured criminal group, “Structured criminal group”, “Commitment of criminal offenses by a criminal organization and a structured criminal group”, provided for by articles 245, 143/3, 287 letters “a” and “b”, 28/4, 333/a/1 and 334 paragraph 1 of the Criminal Code.
Dashamir Ymeraj, accused of committing the criminal offenses: “Fraud” with serious consequences, “Laundering of the proceeds of a criminal offense or criminal activity”, committed in special cooperation within the framework of a structured criminal group, “Structured criminal group”, “Commitment of criminal offenses by a criminal organization and a structured criminal group”, provided for by articles 143/3, 287 letters “a” and “b”, 28/4, 333/a/2 and 334 paragraph 1 of the Criminal Code.
Arjola Kodra, accused of committing the following criminal offenses: “Forgery of documents” which has led to serious consequences, “Laundering of the proceeds of a criminal offense or criminal activity”, committed in special cooperation within the framework of a structured criminal group, “Structured criminal group”, “Commitment of criminal offenses by a criminal organization and a structured criminal group”, provided for by articles 186/2, 287 letters “a” and “b”, 28/4, 333/a/2 and 334 paragraph 1 of the Criminal Code.
Giuseppe Ciaffaglione, accused of committing the criminal offenses: “Laundering of the proceeds of a criminal offense or criminal activity”, committed in special collaboration within the framework of a structured criminal group, “Structured criminal group”, “Commitment of criminal offenses by a criminal organization and a structured criminal group”, provided for by articles 287 letters “a” and “b”, 28/4, 333/a/2 and 334 paragraph 1 of the Criminal Code.
Denisa Tollkuçi, accused of committing the criminal offenses: “Laundering of the proceeds of a criminal offense or criminal activity”, committed in special collaboration within the framework of a structured criminal group, “Structured criminal group”, “Commitment of criminal offenses by a criminal organization and a structured criminal group”, provided for by articles 287 letters “a” and “b”, 28/4, 333/a/2 and 334 paragraph 1 of the Criminal Code.
Elton Bualli, accused of committing the criminal offenses: “Laundering of the proceeds of a criminal offense or criminal activity”, committed in special cooperation within the framework of a structured criminal group, “Structured criminal group”, “Commitment of criminal offenses by a criminal organization and a structured criminal group”, provided for by articles 287 letters “a” and “b”, 28/4, 333/a/2 and 334 paragraph 1 of the Criminal Code.
Endrit Habilaj, accused of committing the criminal offenses: “Laundering of the proceeds of a criminal offense or criminal activity”, committed in special cooperation within the framework of a structured criminal group, “Structured criminal group”, “Commitment of criminal offenses by a criminal organization and a structured criminal group”, provided for by articles 287 letters “a” and “b”, 28/4, 333/a/2 and 334 paragraph 1 of the Criminal Code.
Renardo Nallbani, accused of committing the criminal offenses: “Laundering of proceeds of crime or criminal activity”, committed in special collaboration within the framework of a structured criminal group, “Structured criminal group”, “Commitment of criminal offenses by a criminal organization and a structured criminal group”, provided for by articles 287 letters “a” and “b”, 28/4, 333/a/2 and 334 paragraph 1 of the Criminal Code,
Marc Richard Lappat, accused of committing the criminal offenses: “Laundering of proceeds of crime or criminal activity”, committed in special collaboration within the framework of a structured criminal group, “Structured criminal group”, “Commitment of criminal offenses by a criminal organization and a structured criminal group”, provided for by articles 287 letters “a” and “b”, 28/4, 333/a/2 and 334 paragraph 1 of the Criminal Code.
Michael Peter Drujits, accused of committing the criminal offenses: “Laundering of proceeds of crime or criminal activity”, committed in special cooperation within the framework of a structured criminal group, “Structured criminal group”, “Commitment of criminal offenses by a criminal organization and a structured criminal group”, provided for by Articles 287 letters “a” and “b”, 28/4, 333/a/2 and 334 paragraph 1 of the Criminal Code.
Ilir Dedja, accused of committing the criminal offenses: “Laundering of proceeds of crime or criminal activity”, committed in special cooperation within the framework of a structured criminal group, “Structured criminal group”, “Commitment of criminal offenses by a criminal organization and a structured criminal group”, provided for by Articles 287 letters “a” and “b”, 28/4, 333/a/2 and 334 paragraph 1 of the Criminal Code.
The legal entity “Integrated Energy BV SPV” sh.pk, accused of committing the criminal offenses “Fraud” with serious consequences”, in collaboration, provided for by Article 143/3, 25 of the Criminal Code, “Laundering of the proceeds of a criminal offense or criminal activity”, provided for by Article 287, letters “a” and “b” of the Criminal Code, committed in the qualifying circumstance “in collaboration”, according to Article 287 paragraph 2 of the Criminal Code.
The legal entity “Integrated Technology Service” sh.pk, accused of committing the criminal offenses: “Active corruption of high-ranking state officials or local elected officials”, provided for by Article 245 of the Criminal Code, “Fraud” with serious consequences”, in collaboration, provided for by Article 143/3, 25 of the Criminal Code, “Laundering of the proceeds of a criminal offense or criminal activity”, provided for by Article 287, letters “a” and “b” of the Criminal Code, carried out in the qualifying circumstance "in collaboration", according to Article 287 paragraph 2 of the Criminal Code.
From the evidence administered in connection with the concession procedure developed by the Ministry of Environment with the object "Construction of landfill, incinerator and rehabilitation of existing disposal sites, Tirana", concluded between the Contracting Authority Ministry of Environment and the company "Integrated Energy BV SPV" sh.pk, with an investment cost foreseen by the concession company, in the amount of 128,248,330 (one hundred and twenty-eight million two hundred and forty-eight thousand three hundred and thirty) Euros, excluding VAT, the company "Integrated Energy BV SPV" sh.pk has been declared the winner
During the concession procedure, illegal actions were found by the responsible persons of the contracting authority, former Minister of Environment Lefter Koka, former Secretary of the Ministry of Environment Alqi Bllako and other responsible persons, citizens Valbona Ballgjini, Pëllumb Abeshi, Erjon Murataj, Sidita Kopliku, Etleva Kondi, Taulant Tusha, Namik Simixhiu, where thanks to their actions contrary to duty, the company "Integrated Energy BV SPV" sh.pk was declared the winner in this concession procedure.
The evidence collected has shown that, in implementation of the concession contract concluded on 31.8.2017, from the moment of concluding the contract until 2023, which coincides with the time of imposing the preventive seizure, the concessionaire company "Integrated Energy BV SPV" sh.pk, has secured income in the amount of 11,319,754,405 lek, while only 21,017,157 Euro was invested in the construction of the facility.
The investigation has revealed that the "de facto" owners of the concession company "Integrated Energy BV SPV" sh.pk, the defendants Mirel Mërtiri and Klodian Zoto, have improperly benefited from large monetary values ??secured from the implementation of the concession contract, by not making investments for the realization of the work, the object of this contract.
Defendants Mirel Mërtiri and Klodian Zoto used the mechanism of withdrawing monetary amounts from the accounts of the concessionaire company, through fraud through the creation of fictitious invoices, through the use of fictitious companies created inside and outside the country, as well as through cash transfers, in the amount of 1,283,390,609 lekë and 16,669,506 Euro.
The investigation has revealed the fact that in order to achieve the criminal purpose of laundering money, as products of the criminal offense of fraud, the defendants Mirel Mërtiri and Klodian Zoto acted in special cooperation in the form of a structured criminal group, collaborating with the Albanian citizens, the defendants Denisa Tollkuçi, Arjola Kodra, Dashamir Ymeraj, Renardo Nallbani, Endrit Habilaj, Elton Bualli, Ilir Dedja, as well as the foreign citizens, the defendants; Marc Lappat, Michael Peter Druijts, Giuseppe Ciafaglione.
As announced in previous announcements, citizens Lefter Koka, Alqi Bllako, Pëllumb Abeshi, Erjon Murataj, Bledar Karoli, Taulant Tusha, Namik Simixhiu, Etleva Kondi, Alba Thoma, Valbona Ballgjini, Sidita Kopliku, Jetmir Llapaj, who were tried by a final court decision, have been sent for trial in the framework of separate criminal proceedings, no. 255/1 and no. 255/2.
By decision no. 95, dated 28.7.2023, of the Special Court of First Instance for Corruption and Organized Crime, the "preventive sequestration" asset security measure was imposed on the assets of the defendants Mirel Mërtiri and Klodian Zoto, the legal entities "Integrated Energy BV SPV" sh.pk, "Integrated Technology Services" sh.pk, "FMO" sh.pk
Investigations continue in separate criminal proceedings, with no. 255/3, to identify any other criminal facts and the responsible persons who have committed actions during the concession award procedure and in the implementation phase of the concession contract. To be continued...
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