The Criminal Code reinterpreted by DNA: Coldea - yes, Drăgoi - no

George Marinescu
English Section / 27 mai

The Criminal Code reinterpreted by DNA: Coldea - yes, Drăgoi - no

Versiunea în limba română

The placing under judicial control with the payment of a 500,000 lei bond of reserve general Florian Coldea, former head of the Romanian Intelligence Service, was the breaking news at the end of last week, after marathon hearings that lasted 13 hours. According to the investigation instrumented by the anti-corruption prosecutor Mihaela Iorga-Moraru, Florian Coldea together with his former colleague, the reserve general Dumitru Dumbravă (former head of the legal department of the SRI), and the lawyer Doru Trăilă, are accused of influence peddling and money laundering . Coldea and Dumbravă would have received 100,000 euros (out of the 600,000 euros requested) from the businessman Cătălin Hideg, of which 20,000 euros would have been given to the lawyer Doru Trăilă, for the "optimization" of Hideg's corruption file , following the fraud of some purchases made during the pandemic. The three defendants had to deal with obtaining a suspended sentence and lifting the measure of judicial control in the case in which Cătălin Hideg had been sentenced by the first instance to 4 years of imprisonment with execution. According to Hideg, DNA would have been cornered in the Coldea case, after the criminal convict provided the anti-corruption prosecutors with more than 20 records that would prove his accusations against Florian Coldea, Dumitru Dumbravă and Doru Trăilă.

If the whole case had not been orchestrated by Mihaela Iorga-Moraru, we would have said that the respective facts happened exactly. We do not deny the activity carried out in the investigation of this file by the anti-corruption prosecutor, but we wonder how this very important file related to former high-ranking SRI officers ended up being instrumentalized precisely by Mrs. Iorga, who in 2020 illegally withheld Sorin's passport Săcărin preventing her from leaving the country with her adoptive family of Romanian origin, to go with her parents to the USA, giving water to the mother nurse who refused to execute the judicial decision of adoption on invented grounds. Good luck with the High Court of Cassation and Justice decided, in July 2020, that the Special Section, and implicitly the prosecutor Mihaela Iorga-Moraru, violated Sorina Săcărin's right to free movement, when they took her passport.

Do you still remember that scandal, in which the TV stations of the Intact Media trust, as well as Realitatea TV and Romania TV, were at the forefront of the scandal, which took over daily the accusations made by the foster care according to which Sorina will be taken to the USA for organ trafficking? Not only did Sorina not end up being trafficked for her organs, she lives very well in the adoptive family, but she is a child who performs very well at school and even received various awards, according to the posts that her adoptive mother makes periodically on social networks. For the mental trauma of Sorina Săcărin in the summer of 2020, neither the foster nurse nor the prosecutor Mihaela Iorga-Moraru, who - the climax! - at one point he had submitted his candidacy for the head of DNA, not even the mentioned TV stations.

However, Mrs. Iorga was promoted to chief prosecutor of the Anti-corruption Section within the National Anti-Corruption Directorate, at the request of Alina Gorghiu, the Minister of Justice, who overcame the negative opinion given by the Superior Council of Magistracy, and proposed her President Klaus Iohannis who issued and signed the appointment decree. As if the misconduct in the Săcărin case did not exist.

But let's go over this aspect regarding Ms. Prosecutor Iorga, who handles the Coldea file, and let's stop at another aspect that concerns the way criminal investigations are carried out at the DNA.

We cannot help but notice that while former SRI officers Coldea, Dumbravă and lawyer Trăilă are under judicial control for influence peddling (with reference to influencing justice in the Hideg case) based on more than 20 records made available by Cătălin Hideg , the former SIE officer, Dan Drăgoi, was acquitted by both DNA and DIICOT, for manipulation of the capital market, abusive takeover and the creation of a criminal group, although in the case file there is overwhelming evidence that both the prosecutor who handled the file at DIICOT, as well as the one who dealt with the file at DNA, completely ignored it: the conversations of Viorel Panait and Anca-Mihaela Drăgoi (wife of the reserve general Dan Drăgoi, former SIE officer) with the broker Raiffeisen Bank Investiţii, for the intermediation the direct sale of some shares that Panait and Drăgoi owned in Comvex SA directly to their wives, defrauding the sale on the free capital market, i.e. on the Bucharest Stock Exchange. That recording was not taken into account either by the ASF, or by the magistrates, so we wonder why now the DNA takes into account the recordings from the Coldea case, but does not take into account the recordings from the Drăgoi case.

Our sources in the Comvex case states that the SIE reserve general, Dan Drăgoi, would be part of a larger network that has certain leverage in court. We do not know if it is so or not, but we cannot help but notice that in the file 27863/3/2019 registered at the Constanţa Court in 2019, nothing was judged for five years, seven judges being changed, most of them at the request of the defendants Dan Drăgoi and Viorel Panait, who were dissatisfied with the way the magistrates would have wanted to instrument the case before the court. Such a manner of procrastinating a file for 5 years would have immediately caught the eye of a Superior Council of Magistracy in any country located in the west of the European Union, even the Minister of Justice, only not in Romania.

Under these conditions, there may be the suspicion that a person from the network that our sources told us about would have pulled the strings in court so that Dan Drăgoi would not be bothered by DIICOT, DNA or even the judges in the territory.

So we ask the judicial authorities of the state how the Drăgoi case is different from the Coldea case?

In order to refresh their memory, we republish at the end the audio recordings in the possession of BURSA Newspaper, regarding the trading of Comvex SA shares, with the mention that those audio recordings were also in the files regarding Dan Drăgoi from DNA and DIICOT:

I. Conversation between Viorel Panait and the broker Raiffeisen Bank Investiţii for the sale of 40 of his shares directly to his wife, Ruxandra Ioana Nicola

"Broker: Mr. Panait Viorel. Do you have a CNP?

Viorel Panait: ... (ed. - Viorel Panait says the CNP)

Broker: Perfect, thank you very much. Comvex: You want to sell 40 shares yourself.

Viorel Panait: Correct.

Broker: And Nicola Ruxandra - where you are authorized - wants to buy 40 shares.

Viorel Panait: That's what we want to do.

Broker: The market is 20.4 to 20.5. My suggestion is to put - because it's not a continuous market, because that's how the Comvex trades; it is only done through auctions (ed. - auction market - market with auction) and is diluted at a given moment, I cannot do a cross (ed. - a cross between demand and offer), on part, I couldn't either because it doesn't allow me the quotation which is 20.4 by 20.5. My suggestion is this: I put your order to sell - 40 shares at 20.5 - and I will also enter the lady's order to buy - also 40 shares at 20.5 - and he will execute, the lady will buy 40 shares, but will buy 27 shares from the market and the rest from your order. That is, he will buy 40, but you will not sell 40, you will sell less.

Viorel Panait: I understand. It's very good. That means a difference that stays there for a later trade.

Broker: Of course. Your shares still remain with us, at Raiffeisen.

Viorel Panait: It's a very good idea, and then on Monday we'll concretize something else.

Broker: Thank you very much.

Viorel Panait: It's perfect. Thank you very much".

II. Conversation between Anca Drăgoi and the broker Raiffeisen Bank Investitii for the direct purchase of the shares put up for sale by Dan Drăgoi

"Broker: OK. So, according to the discussion we had when you opened the account, you want to buy 40 Comvex shares, symbol CMVX, at the price of 20.4 RON/share.

Anca-Mihaela Drăgoi: Yes, it's good.

Broker: Ok. Now the market is in Pre-Close, which is, that's how the market is, now it only opens at 6 o'clock and if, somehow, something changes, I'll call you again at 6 o'clock without a minute, if it's necessary to change the order. If not, theoretically the order must be executed because there are enough (ed. - sellers), there are 724 shares for sale, so we should have somewhere to buy them.

Anca-Mihaela Drăgoi: Yes, yes, yes. Okay, that's very good.

Broker: Ok.

Anca-Mihaela Drăgoi: Okay, thank you.

Broker: So it remains to call you at 6 without a minute or two minutes.

Anca-Mihaela Drăgoi: Sure.

Broker: My prayer is that you have your phone handy then.

Anca-Mihaela Drăgoi: Sure, sure.

Broker: Thank you very much.

Anca: Good. And I thank you".