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SPAK has decided the measure of sequestration for the company "5D Konstruksion", which is suspected of having benefited from abusive tenders...
The Special Prosecutor's Office (SPAK) has seized the company '5D Konstruksion' sh.pk, with real partners and 'de facto' owners, the former directors of the municipality of Tirana Redi Molla and Mariglen Qato, who are in prison for tender abuse.
SPAK has also seized other assets of Redi Molla, Mariglen Qato and other former officials of the Municipality of Tirana involved in corruption.
According to the announcement, the Proluroria e Posaçme informs that it has seized the company "Restur" sh.pk, owned by Redi Molla, 24% of the shares in the commercial company "Mediterranean Investment Group" sh.pk, with headquarters in Durrës, registered in the name of the trading company "Restur" sh.pk, with partner and administrator Redi Molla, as well as 2 plots, 2 apartments, which are owned by Selim Molla, Olga Molla (relatives of Redi Molla) Sanije Qato (relative of Mariglen Qato) .
According to SPAK, from the investigations it has been found that the monetary sums obtained in an irregular manner from the company "5D Konstruksion" sh.pk, which constitute the "product" of the criminal offense, were partially taken out of the banking system through the payment scheme for fictitious works being disposed of in "cash" condition from the real owners of the trading company, as well as partially re-invested in the commercial activity of the trading company.
Full Notice:
The Special Prosecutor's Office against Corruption and Organized Crime continued the preliminary investigations for criminal proceedings no. 75 of 2023, which deals with the criminal offenses "Refusal to declare, non-declaration, concealment or false declaration of assets, private interests of persons of elected and public officials or any other person who has the legal obligation to declare", "Violation of the equality of participants in public tenders and auctions", "Active corruption towards persons exercising public functions", "Passive corruption of persons exercising functions public" and "Cleaning of the proceeds of a criminal offense or criminal activity" carried out in cooperation, provided by articles 257/a/2, 258/2, 244, 259/2 and 287/2 of the Criminal Code.
On the part of the prosecuting body, further investigative actions were carried out to determine the monetary amounts that were benefited by the commercial company "5D Konstruksion" sh.pk as a result of the realization of public contracts benefited in violation of the law and the rules of public procurement, as and as a result of illegal actions that constitute the criminal offenses "Violation of the equality of participants in public tenders and auctions" and "Passive corruption of persons exercising public functions", provided by articles 258 and 259 of the Criminal Code.
In the same way, investigative actions were carried out to verify the circulation of monetary amounts that constitute the "proceeds" of the criminal offense, including the financial actions carried out by the company "5D Konstruksion" sh.pk within its commercial activity, as well as the destination of monetary amounts transferred from the commercial company to other commercial entities or to third parties.
From the investigative actions carried out in this direction, the necessary evidence has been collected, from which reasonable suspicions are created that the monetary amounts obtained irregularly from the company "5D Konstruksion" sh.pk, which constitute the "product" of the criminal offense, are partly taken out of the banking system through the scheme of payments for fictitious works being available in "cash" condition by the real owners of the commercial company, as well as partially re-invested in the commercial activity of the above commercial company. Further evidence has been gathered that creates a reasonable suspicion that the obtained monetary amounts in the form of "cash" were then used to invest in the purchase of real estate.
After the necessary investigative actions have been carried out, the Special Prosecutor's Office submitted on 24.06.2024, the request for the imposition of the "preventive sequestro" asset insurance measure for some assets that can be confiscated.
The Special Court of First Instance for Corruption and Organized Crime, with decision no. 388, dated 05.07.2024, has decided to accept the request of the Special Prosecutor's Office and set the property insurance measure "preventive seizure" for the assets as follows :
1. The commercial company "5D Konstruksion" sh.pk , together with the immovable and movable assets owned by it, as a commercial company that has been used and has served as a means to carry out criminal offenses, which is allowed to be confiscated according to Article 36 /1, letter (a) of the Criminal Code.
2. Real estate of the land type with an area of 506.25 m² and a building with an area of 164 m², located on "Tefta Tashko" street, Tirana, registered in the name of citizens SM and OM, as an asset partially benefited from financing sources derived from products of criminal offense.
3. Real estate of the land type with an area of 51.3 m², located on "Tefta Tashko" street, Tirana, registered in the name of citizens SM and OM, as an asset partially benefited from financing sources derived from the proceeds of criminal offences.
4. The commercial company "Restur" sh.pk , together with the immovable and movable assets owned by it, in the possession of the RM citizen, as assets whose value corresponds to the value of the product of the criminal offense and which can be confiscated based on article 36/1 letter (ç) of the Criminal Code.
5. Property of 24% of shares in the commercial company "Mediterranean Investment Group" sh.pk , with headquarters in Durrës, registered in the name of the commercial company "Restur" sh.pk, with partner and administrator RM, as assets whose value is corresponds to the value of the product of the criminal offense and which can be confiscated based on Article 36/1 letter (ç) of the Criminal Code.
6. The real estate of the apartment type with a total area of 122.7 m², with the designation B_43, as well as the properties parking No. P24 with a total area of 42 m² and parking lot No. P25 with a total area of 42 m², for which a contract has been concluded of the enterprise between the SQ citizen and the company "5D Konstruksion" sh.pk, as property derived from the products of the criminal offense and for this reason it is property that can be confiscated.
7. Real estate of the apartment type with a total area of 86.4 m², with the name A_42, for which the business contract dated 29.09.2023 was concluded between the SQ citizen and the company "5D Konstruksion" sh.pk, as an asset derived from the products of the criminal offense and for this reason it is property that can be confiscated.
On 08.07.2024, the judicial police in the State Police Directorate and the Agency for the Administration of Seized and Confiscated Assets have started the relevant procedural actions for the execution of the above court decision, with the aim of taking into administration the seized assets. The execution actions of the court decision are in process and are continuing to be carried out even today.
Preliminary investigations related to this criminal proceeding have not yet been completed, investigations continue for other criminal facts or for other persons who may be included in the scope of the investigations of this criminal proceeding.
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