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Court of Appeal of Lithuania: all acquitted in “MG Baltic” political corruption case are guilty

Court of Appeal of Lithuania: all acquitted in “MG Baltic” political corruption case are guilty
2023-12-06

The Court of Appeal of Lithuania by the judgement of the Regional Court convicted persons who were previously acquitted, businessman Raimondas Kurlianskis, the then Members of the Seimas Eligijus Masiulis, Vytautas Gapšys, Šarūnas Gustainis and Gintaras Steponavičius of bribery, trading in influence and abuse of power, as well as the legal entities UAB concern “MG Baltic” (now UAB “MG grupė”), the political party Liberals' Movement of the Republic of Lithuania (now the political party Liberals' Movement) and the political party Labour Party, were found guilty.

The panel of judges of the Court of Appeal of Lithuania noted that the court of first instance, when examining the criminal case, did not analyse and assess all the circumstances related to the activities of the UAB concern “MG Baltic”, its influence on specific political parties, and, at the same time, the corruption links that linked the persons acquitted in the case. According to the assessment of the panel of judges, this prevented a full examination of the criminal case and the adoption of a fair judgement in it.

UAB concern “MG Baltic”, acting through R. Kurlianskis, and E. Masiulis, Š. Gustainis, G. Steponavičius, representing the political party Liberals’ Movement of the Republic of Lithuania, and V. Gapšys, representing the political party Labour Party, were linked by ties that crossed the usual boundaries of political and business communication, i.e., corrupt ties. 

The meetings between R. Kurlianskis and the aforementioned members of the Seimas, mostly initiated by R. Kurlianskis, were not random, but, on the contrary, systematic, coordinated with the political issues of significance to the UAB concern “MG Baltic” that were being addressed in the Seimas or in other state or municipal institutions at that time. All offers by R. Kurlianskis to meet were willingly accepted by E. Masiulis, Š. Gustainis, G. Steponavičius and V. Gapšys, and they met with R. Kurlianskis.  During these meetings, R. Kurlianskis not only discussed political topicalities and internal party affairs with the aforementioned members of the Seimas, but also usually submitted requests related to the adoption of decisions in favour of the UAB concern “MG Baltic” in the Seimas, ministries or local government institutions.

The totality of such regular meetings and conversations, deliberately arranged by R. Kurlianskis, reveals that agreements of a corrupt nature have been made between R. Kurlianskis and E. Masiulis. During the first meeting recorded in the case, R. Kurlianskis first proposed to E. Masulis to meet for a festive Christmas dinner to discuss the possibility of financial support to the political party by legal entities, which is prohibited by law, and then made requests to perform actions beneficial to the business represented by R. Kurlianskis. Both R. Kurlianskis and E. Masiulis were aware that requests to act in a specific way were made and that the promise to do so was made in return for an illegal material benefit, which was to be agreed later. During the dinner, R. Kurlianskis and E. Masiulis met and agreed not on a loan or legal financial support to the party, but on a specific amount of the bribe, and in subsequent meetings they agreed on the circumstances of the transfer of the bribe. The totality of such circumstances allowed the Court of Appeal to find that R. Kurlianskis bribed and traded in influence, and E. Masiulis accepted the bribe and traded in influence. In addition, the Court of Appeal also found E. Masiulis guilty of unlawful enrichment, finding that the acquisition of the €135,290 cash found during the search of E. Masiulis’ home could not be substantiated by lawfully obtained income.

 Š. Gustainis, by registering the amendments to the Law on Consumer Credit in the Seimas and personally voting for the amendment to Article 8, which was favourable to concern “MG Baltic”, acted at the request of R. Kurlianskis, received the text of the amendment from him, and coordinated his actions with him, knowing that in return for this, a donation of €8,700 had already been granted as a bribe to the Public Institution “Taikomosios politikos institutas”, of which he himself was the founder and the de facto Head. The panel of judges of the Court of Appeal assessed these actions as accepting bribery (Š. Gustainis) and bribery (R. Kurlianskis). 

The Court of Appeal also found that R. Kurlianskis had asked V. Gapšys to use his position as a Member of the Seimas and his influence on his fellow party members to influence other civil servants (the Speaker of the Seimas, the members of the Labour Party's faction in the Seimas, the leadership and members of the Seimas Committee on Budget and Finance, and the Minister for Agriculture) to act in the exercise of their powers, both legally and illegally, in the way requested by R. Kurlianskis, and to do what R. Kurlianskis wanted. In return for the execution of these agreements, unlawful remuneration was agreed upon in the form of disguised bribes, which, following a promise by V. Gapšys to influence the requested persons and the performance of the actions requested by R. Kurlianskis, were received in the form of a €12,100 discount on the political advertising of the Labour Party and a €15,000 donation to the Public Enterprise “Meno ir sporto projektai”. The Court of Appeal found that R. Kurlianskis bribed and traded in influence, while V. Gapšys accepted the bribe and traded in influence.

The Court of Appeal found that G. Steponavičius had abused his office. Knowing that the amendment to Article 8 of the Law on Consumer Credit proposed by Š. Gustainis was important for R. Kurlianskis, as a representative of UAB concern “MG Baltic”, he voted in a way that was in the interest of the concern.  By acting in this way, G. Steponavičius sought to obtain financial gain - support for the political activities of the political party Liberals' Movement of the Republic of Lithuania, for his and other party members' political activities. The granting of this political support, by circumventing the legal requirements, was specifically agreed between G. Steponavičius and R. Kurlianskis during several meetings. In the assessment of the panel of judges of the Court of Appeal, by his actions as a Member of the Seimas, G. Steponavičius broke his oath as a Member of the Seimas, violated the principles of honesty, transparency, decency, selflessness, impartiality and, as a consequence, caused significant non-pecuniary damage both to the Seimas and the Lithuanian State. 

Moreover, taking into account the fact that R. Kurlianskis performed illegal actions for the benefit and in the interests of the UAB concern “MG Baltic”, and taking into account the fact that according to the established facts he had the right to represent the concern, to take decisions on its behalf and to control its activities, it was recognised that the UAB concern “MG Baltic” was guilty of bribery and trading in influence. The actions of E. Masiulis, Š. Gustainis and G. Steponavičius, representatives of the political party Liberals Movement of the Republic of Lithuania, as well as the actions of V. Gapšys, representative of the political party Labour Party, were also carried out for the benefit and in the interests of the above-mentioned political parties, and, as a consequence, the political party Liberals’ Movement of the Republic of Lithuania has been declared guilty of bribery, trading of influence and abuse of power, and the political party Labour Party has been found guilty of bribery and trading in influence. 

Taking into account the nature and gravity of the crimes committed, the personalities of the accused, the mitigating and aggravating circumstances, the damage caused by the crimes, the Court of Appeal ruled:

- R. Kurlianskis was given a final combined sentence of 6 years' imprisonment and a fine of €18,830, as well as deprived of the right to hold managerial positions in the public and private sectors and in the mass media provided for in the Law on the Provision of Information to the Public for 5 years;

- The final aggregate sentence imposed on E. Masulis is 5 years 6 months’ imprisonment. He was also deprived of the right to be elected or appointed to any position in state or municipal institutions and bodies, companies or non-state organisations for 5 years, and €241,490 was confiscated;

- V. Gapšys was sentenced to a final aggregate sentence of 4 years and 6 months' imprisonment. He was also disqualified for 5 years from being elected or appointed to any elected or appointed position in state or municipal institutions and bodies, companies or non-state organisations, and ordered to pay a fine of €8,000;

– Š. Gustainis was fined €18,830, deprived of the right to be elected or appointed to any elected or appointed position in state or municipal institutions and bodies, enterprises or non-state organisations for 5 years, and it was decided to recover €4,350 from him; 

– G. Steponavičius was fined €15,064 and deprived of the right to be elected or appointed to any elected or appointed position in state or municipal institutions and bodies, enterprises or non-state organisations for 4 years;

– UAB concern “MG Baltic” was fined €1,129,800 as a final aggregate penalty;

- the political party Liberals' Movement of the Republic of Lithuania was given a final aggregate penalty of a fine of €376,600;

- the political party Labour Party was given a final aggregate penalty of a fine of €301,280.

This judgement of the Court of Appeal of Lithuania in criminal case No. 1A-40-307/2023 shall enter into force on the date of its adoption (22/11/2023), but may be appealed against in cassation to the Supreme Court of Lithuania within three months from the date of its publication.

 

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