Mr Magomedov is entitled to a majority and controlling shareholding in the FESCO conglomerate, owner of numerous strategic transport assets including the port of Vladivostok. Legal judgments in western jurisdictions have confirmed Mr Magomedov’s legal rights to the stake in FESCO. The stake’s current value is conservatively estimated to be $8.8 billion.
It is alleged that with Mr Magomedov in jail, a number of corporate and state interests, both Russian and international, conspired to raid a large block of Mr Magomedov’s shares in FESCO, remove his right to a controlling interest in the company, and allow the state-controlled ROSATOM to take the company over.
Specifically, TPG sold its shares in the joint venture company in which it held shares in FESCO along with Mr Magomedov to businessman, Mikhail Rabinovich (who, it is alleged, acted on behalf of ROSATOM). This was an unlawful action, taken against contractual obligations, and went contrary to personal reassurances sent by TPG founder David Bonderman to Mr Magomedov after he was jailed, according to Mr Magomedov’s legal claim.
The sale to Mr Rabinovich gave control over the joint venture company owning Mr Magomedov’s stake in FESCO to a party hostile to Mr Magomedov. It is alleged that soon afterwards, Mr Magomedov’s allies on the FESCO board were removed through a combination of threats, bribes and other unlawful tactics.
Video evidence has come to light suggesting how much of this multi-pronged attack was planned in advance. The governor of Primorsk was filmed as early as November 2020 telling FESCO employees that the Russian government had decided that ROSATOM, the state atomic energy company, was to become the owner of FESCO. Numerous local and international media have reported that FESCO’s assets are likely to be auctioned to ROSATOM.
A Russian prosecutor has since obtained orders which purport to confiscate Mr Magomedov’s interest in FESCO altogether. These are being appealed.
Outside Russia, Mr Magomedov’s attempts to fight these unlawful manoeuvres have been more successful. In 2022, an LCIA Tribunal found that the corporate vehicle used by TPG and Mr Rabinovich acted unlawfully by completing the deal. Further information about this judgment can be found here.