Court File No. CV-08-354560
SUPERIOR COURT OF JUSTICE
B E T W E E N:
ARCÁDIA PARTICIPAÇÕES LTDA.
Defendant by the Counterclaim
ALEXEY KONDRATIEV and SMART GAMES CANADA, INC.
Plaintiffs by the Counterclaim
EUGENE CHAYEVSKY, ADENILTON CEZAR XAVIER, CADILLAC JACK, INC., FINSTAR FINANCIAL GROUP LLC and TILLEY INTERNATIONAL & ASSOCIATES INC., carrying on business as Tilley Entertainment
Defendants by Counterclaim
AFFIDAVIT OF ALEXEY KONDRATIEV
I, Alexey Kondratiev, of the Township of King, in the Province of Ontario, MAKE OATH AND SAY:
1. I am an individual Defendant, Plaintiff by Counterclaim, and a principal of the Defendant, Plaintiff by Counterclaim, Smart Games Canada, Inc. ("SGC"), and as such have knowledge of the matters contained in this affidavit. Where my knowledge is based on information and belief, I have so stated the basis of such information and I believe that information to be true.
21. On or about July 1, 2019, I obtained a document indicating that the Chief Executive Officer and Chairman of Finstar LLC, Oleg Boyko, is a subject of international arrest warrant issued by Nicosia District Court in the Republic of Cyprus. The charges include Commercial Fraud for which the maximum penalty is ten years imprisonment. A copy of the Interpol Red Notice Application is attached as Exhibit “F”.
22. Mr. Boyko is listed as a potential target for the US sanctions according to a US congressional report pursuant to Section 241 of the Countering America's Adversaries Through Sanctions Act (CAATSA) of 2017. He is listed as number 17 in the Appendix B on the list of Russian oligarchs with potential for sanctions in this report. A copy of the Report dated January 29, 2018 is attached here as Exhibit "G".
23. I have known Mr. Boyko since 1981 and conducted business with him for about twenty years. I know him as a person who has absolutely no respect for the rule of the law. I have witnessed Mr. Boyko conducting business with known organized crime figures and corrupt Russian government officials. I have personally participated in some financial activities with Mr. Boyko that may have been illegal in Russia and other countries, but I have never been investigated or criminally prosecuted for them.
24. When I have traveled to Brazil on request of Mr. Boyko to oversee his business that was not related to Arcadia, I was introduced to Ronnie Ferreira by Chayevsky. Chayevsky explained to me that Mr. Ferreira is a known Brazilian criminal who has connections in Brazilian criminal world and provides protection services from local organized crime.
25. Orestes Pasparakis, as the lawyer of record for the Defendant by Counterclaim, Arcadia, invited Ronnie Ferreira to Toronto in order to be examined on Arcadia’s behalf. Mr. Ferreira had no real association with Arcadia and was provided with a Power of Attorney by Arcadia’s parent offshore shell company.
26. Around the time of the examinations of discoveries in 2009, Mr. Pasparakis verbally accosted me in the presence of my attorney, Mr. Altshuller of Teplitsky Colson. In this exchange, Mr. Pasparakis called me a "nobody" and asked me to "think about my family".
27. Sometime in 2011, the founder and former CEO of Cadillac Jack, Mike Macke, told me that he has an audio recording of a meeting including Ronnie Ferreira and some of Mr. Boyko’s associated where Mr. Ferreira offered to kill Mr. Macke for lower price than that offered by Russian counterparts.
SWORN BEFORE ME at the Township of King, in the Province of Ontario on this 27th day of October, 2019
Commissioner for Taking Affidavits