Korekt d.o.o.[1]
07 December 2020
How to deceive the authorities?
HODZA’S ENTANGLEMENTS AND THE MISTERY OF JUKA’S MONEY
(Pinjic aka Hodza through the records of a witness hearing, 10 June 2019 – Federal Police Administration (FPA))
Elmedin Pinjic aka Hodza the manager of Euro Profil commerce reported to FPA on 4 June 2019 that Sedin Halilagic, the director of Sarajevo Tower project, asked from him 200,000BAM of a bribe. Acting according to the report, FPA collected Pinjic’s statement, which will be a topic on interest furthermore in order to conclude if the authorities “bought the story” of bribe, on 10 July 2019. The Cantonal Prosecutor’s Office of Sarajevo Canton and FPA arrested the management of the Smart Invest on 10 July 2019, under accusations that they collected 60,000BAM of a bribe from Hodza, as the first instalment out of the total 200,000BAM. The police without a doubt found Sedin Halilagic, the director of Sarajevo Tower, in the apartment 102 of the Panamera in Ilidza taking 60,000BAM from Hodza, but the problem is that the authorities ‘unadvisedly’ qualified this debt as a bribe and that changes this story radically. If the 60,000BAM that Hodza gave to Sedin Halilagic were a debt, than the authorities should have arrested Hodza in the apartment 102 because of filing a false criminal complaint, and not Sedin Halilagic. We are going to prove in this text that Hodza filed a false criminal complaint, and that he falsely presented his debt towards original facade worker Jusuf Muhic aka Juka as a story that the director of Sarajevo Tower Sedin Halilagic asked for a bride in order not to activate Hodza’s bank guarantee for breaching orders of the contract. A method for proving we are going to use in this text is simple and effective. We are going to analyse only statements by Hodza officially recorded in his report in FPA on 10 June 2019, where solely from contradictory statements can easily be concluded that in this situation there is now bribe, but simple repaying of a debt. We are going to present an official record from the hearing in FPA to our readers so they can on their own conclude is the analysis by Etika.ba objective and credible.
You can read Elmedin Pinjic aka Hodza’s statement in FPA here.
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Introductory information: “Euro Profil commerce” is a subcontractor for works on a termo facade at Sarajevo Tower, and a contractor for assembling and disassembling a scaffolding, according to a contract signed on 07 February 2019 with the general contractor Ans Drive, with a consent from co-investors of the project Smart Invest and Ans Drive. Ans Drive as a company has a double role in this project, as a co-investor and the general contractor. The director of Smart Invest is Elvedin Mahmutovic, and the director of the Ans Drive is Asmir Dzevlan. Smart Invest named Sedin Halilagic the director of the Sarajevo Tower project.
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In the previous text “Where is Juka’s money – part 1” we have elaborated in detail the chronology of events from 2017 when Jusuf Muhic aka Juka, the director of MTH-ARI company, did facade works at the Panamera structure in Ilidza, as a subcontractor for Ans Drive, when Ans Drive had not paid them several hundreds of thousands of Convertible Marks for their work in that project, although Panamera as the investor paid everything according to contract to Ans Drive as the general contractor. Since then up until 20 May 2019 many obligational combinations happened with these 200,000BAM. We are now going to present a brief summary, and our readers can find the entire first text by clicking here.
- First Ans Drive drafts a cession in 2017 which transfered their debt towards Juka to Panamera
- Then Juka signed the cession in October 2018, while claiming that the cession had been “slipped” by the director of Ans Drive Asmir Dzevlan, and that he was tricked.
- After that Panamera decides on 31 December 2018 to accept the cession and to book it, which effectively transferred the debt towards Juka to them.
- Then they agreed that Juka waves Panamera’s debt in the amount of 200,000BAM by giving a credit note on 06 January 2019, but that the Smart Invest as a co-investor of Sarajevo Tower approves a raise of his bid for façade works from 1.6mil to 1.8mil BAM, so that Juka does not get short-handed by the 200,000BAM, which was officially confirmed on 07 January 2019 by the director of Smart Invest (remark: Panamera and Smart Invest are interconnected legal entities)
- After this Juka suddenly backs out of signing the contract for the job and leaves the job to the other subcontractor Elmedin Pinjic aka Hodza, the representative of Euro-Profil to whom he sends his offer and Pinjic changes only company name and the front page
- Juka than has verbal agreement with Hodza in front of witnesses that Hodza gives him his 200,000BAM, which remained in the contract for the façade works on Sarajevo Tower, when Hodza gets the advance payment from investors and the general contractor
- Hodza gets the advance payment but avoids honoring the deal with Juka, and Juka did not have anything signed with Hodza about their verbal agreement
- Juka then concludes that he was naïve about Hodza and that he will not get his money, then he decides to sue Ans Drive and Smart Invest claiming that the abovementioned cession and credit note are illegal, which he does by filing a lawsuit on 20 May 2019;
So this obligational-legal matter regarding Juka’s 200,000BAM continues for almost 2 years, and Juka correctly put in motion litigations because a civil court solves these kinds of matters. It is a completely different question whether it is a correct strategy for Juka to sue Smart Invest and Ans Drive, or he should have sued Hodza for not honoring the verbal agreement, especially because Juka has several long-term cooperants who were present at the time of the agreement, and who Juka named as witnesses of the agreement that Hodza will give Juka 200,000BAM for giving the job to him.
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Parallel to Juka’s two-year-old problems up to 20 May 2019, Hodza also got into trouble during the construction works on Sarajevo Tower, because he signed a contract on 07 February 2019 for a duration of 6 months, but in the first 4 months he completed barely 3% of his work, with numerous unprofessional behaviour like assembling a wrong scaffolding at the construction site, not securing a bank guarantee in time, not agreeing delivery of materials on time, inadequate materials which had been improperly stored, installing materials which were not part of the contract, not having qualified enough workers and warnings by Ans Drive that he is late with works without a reason and that his bank guarantee will be activated. Hodza’s behaviour at the construction site had been thoroughly, and with evidence, elaborated in the Analysis of delayed construction of Sarajevo Tower, which you can read here.
Then, from the end of May 2019 a chain of events, which Hodza brilliantly turns into his favour, occurs and drives away an objective danger for his firm in a sense of activation of the bank guarantee in a way that he devises a plan to falsely accuse his business partners, and with the help of the Cantonal Prosecutor’s Office of Sarajevo Canton and FPA secures the arrests of his business partner who strictly insist the honouring of the contractual obligations. Events, which are going to be presented here as evidence of framed arrests, specifically quoted from Hodza’s FPA statement dating from 10 June 2019 are the following:
- 27/28 May 2019 – the first meeting between Hodza and Sedin Halilagic
- 29 May 2019 – Hodza, via his lawyer, sends a memo named “Notice of observed deficiencies and a warning before termination of a contract” to co-investors Smart Invest and Ans Drive
- 30 May 2019 – a bank clerk calls Pinjic and tells him that his bank guarantee is going to be activated
- Based on a supervisory body report No.34/19 and a memo of the general contractor Ans Drive doo Sarajevo dating from 31 May 2019, as well as written warnings dating from 18 April 2019 and 21 April 2019 it has been determined that Hodza had done only 3% of the total amount of works, that 4 months already past and the contractual deadline for finishing the works is 6 months and with that he as a subcontractor called in question a purpose of the advanced payment from the Contract.
- A dramatic moment with Hodza regarding activation of his bank guarantee:
“Why did Hodza come to my office three or four times in that moment? Eeee, heeelloo, helloooo…Come on, listen to me, they activated my bank guarantee, man they want to arrest me, I sad that I will return the contract (Hodza saying that), man I do not need that. I still do not know what tampering is going on there and in what kind of shit they are (Juka saying that). I am still counting that somebody is going to pay me for my job, they are going to pay for this, and they call me a Vlach and a Turk[2]. He then told me I don’t know what am I going to do, where to go, what to do (Hodza saying that). I don’t understand a thing (Juka saying).”
- 3 June 2019 – the second meeting between Hodza and Halilagic, at Hodza’s initiative, with a plan for filing a lawsuit already in action
- 4 June 2019 – Hodza goes to FPA and reports Sedin Halilagic for the apparent bribe request
- 7 June 2019 – meting between Hodza and Sedin, the agreement was that debt was going to be paid in 3 installments (60,000BAM + 70,000BAM + 70,000BAM = 200,000BAM)
- 10 June 2019 – Hodza’s report officially recorded by FPA
- 14 June – the first express and unsuccessful attempt of the Prosecutor Sanin Bogunic to arrest Halilagic
- 10 July 2019 – Halilagic is arrested in the apartment 102 of Panamera in Ilidza, taking 60,000BAM from Hodza. Police after that goes to the apartment of Elvedin Mahmutovic, the director of Smart Invest, and arrests him in the moment he is having lunch with his wife, stating that he approved taking the bribe.
EXPLANATION:
ELMEDIN PINJIC HODZA’S STATEMENT AT FPA – 10 JUNE 2019
In the statement Pinjic gave to FPA he explains that the offer and the contract clearly define which materials are used in a construction of thermo facade at Sarajevo Tower, and that only the Smart Invest can approve change of materials. His request for the change of materials Hodza sent via email to Smart Invest, with an explanation that stone wool by the “Rakvol” manufacturer has a delivery period of 60 days (as the contract states), but “Knauf” could delivery the materials much quicker, after which Sedin Halilagic calls Pinjic to a meeting that was held on 27/28 May 2019.
The first meeting 27/28 May 2019
Pinjic went to the meeting, and as he state with his own words in the report, Halilagic opened the offer, which a integral part of the Contract and drew a line on a paper from the agreed upon price of the stone wool (15cm) that should be installed in the walls according to the agreed upon price of EPF (styrofoam) that should be installed at the balconies and asked: “What are we going to do with this difference?” When I asked him what difference, Sedin Halilagic answered me that the price of approximately 80 BAM/m2 was raised in order to accommodate the 200,000BAM that Juka already approved to Panamera, and when he backed out of the deal he asked me how are we going to resolve this” stated Hodza. Further along Sedin Halilagic, as stated by Hodza, explained that the stone wool is about 10BAM more expensive that styrofoam by square meter, and harder to install, and when it is all put together it would cost around 65 BAM/m2. “He also informed me that it was a real price and that the price of 80 BAM/m2 was not decided “randomly”, which was previously agreed with Juka to accommodate his aforementioned 200,000BAM, which now I would have to give to Sedin Halilagic and he would forward it to his director Elvedin Mahmutovic” says Pinjic’s statement with claims that his suggestion suprised him, and remineded him that with that agreement there is no room for lowering the prices. This statement from Pinjic that Sedin would forward the money to his director Elvedin is very manipulative, and has a goal of thinking that Sedin said that, but he didn’t, which will be confirmed later in the statement to FPA by Pinjic. Also Pinjic manipulates here and makes impression that Sedin Halilagic asked the 200,000BAM from him with “which now I would have to give to Sedin Halilagic and he would forward it to his director Elvedin Mahmutovic“, but in the conclusion of the analysis we will see that Sedin Halilagic did not ask for 200 thousands, Pinjic offered the money.
Two months or two days
By interpreting all of the above we can conclude that was a meeting when Pinjic asked from Halilagic to change a manufacturer not to wait 60 days, although in his statement to FPA he stated that the stone wool from the contract arrive in 2-3 days, so it doesn’t make any sense why Pinjic asked in the first place to change the manufacturer, and from Pinjic’s statement it was pointless that Sedin Halilagic approves change of materials that would arrive in 2-3 days. The result of that meeting was that to continue working with the materials from the contract.
Pinjic also tries to create an impression that Sedin Halilagic because of some kind of revenge did not approve change of stone wool manufacturer, and allegedly because Pinjic refused to pay 200,000BAM. Logical question arises, why Pinjic did not order a stone wool in March when he got 700,000BAM of advance payment from the investors, and why he was waiting until 28 May to request change of materials. When we further along elaborate the three warnings Ans Drive sent to Pinjic in April and May because he did not accomplish any of his obligations from the contract, and why Pinjic’s inactivity was ledaing to the activaton of the bank guarantees and retraction of the 700 thousands of the advance payment, it id going to become clear that this request from Pinjic to change the manufacturer of the material is actually a tactical move to try and get out of unfavourable situation that he created. If we add the fact that je stated in FCP that after Sedin Halilagic denied his request he get the materials from Austria within 2-3 days, than it becomes clear that he was not honest in his communication with his partners at the construction site. Second topic of that meeting was, according to Pinjic, a conversation about settling debt to Juka in the amount of 200,000BAM. Halilagic’s question “What are we going to do with the difference Hodza?” is not asking for a bribe, but resolving a complicated obligational situation between Ans Drive, Panamera and Juka (his company MTH-ARI) and Smart Invest, and Pinjic all of that premeditatedly used to clear his own business problem with a help of FCP and the Prosecution.
Circumstances around 200,000BAM
If we look this case as a whole, like the investigators and the prosecutor Sanin Bogunic should have done, there is a debt of 200,000BAM to Juka, which should have been settled in a Sarajevo Tower project, but ended up in a unfortunate set of circumstances in Pinjic’s instead of Juka’s contract. Although Juka backed out of the job on his own, and had not determine on time with the new subcontractor what is going to happen to his 200,000BAM, Juka has been “short-changed for his 200,000BAM. When Juka finally realised he was going to lose his money, he sent a pre-notice letter to Smart Invest and Ans Drive. This date when Juka sends the letter is very important and will be explained later. After the meeting with Sedin Halilagic on 28 May 2019, Pinjic, via his lawyer, sends a memo named “Notice of observed deficiencies and a warning before termination of a contract” to co-investors Smart Invest and Ans Drive but he does not mention the 200,000BAM. In his statement to FPA Pinjic says that he did not mention the money because he was afraid that Halilagic would negate the event” and because he was afraid of the supervisory entities. This statement shows that Pinjic is well aware of what can be used as the evidence and what stays in a region of someone’s claims, which is important for the analysis of Pinjic’s motives and strategy when reporting the alleged criminal offence and bribe. We can conclude without any doubt that Pinjic sends this warning because his first tactical attempt to get more time before the bank guarantee is activated – an unreasonable request for a change of manufacturer of the stone wool, failed, and he tries to “save himself” with the warning, by the principle “attack is the best kind of defence”. Pinjic’s warning is denied by Smart Invest and elaborated by quoting the contract, which proves that Pinjic’s reason are not valid, and they inform him once again that his bank guarantee will be activated if he breaches the contract. When a bank clerk informed Pinjic on 30 May 2019 that the investors called and announced the activation of the bank guarantee, that must have caused a great deal of panic for Pinjic and he decides to use his irrelevant meeting and conversation with Sedin Halilagic and abuse for his great plan in which he will “screw over” the investor in great style, and solve all of his many problems. Pinjic goes to the director of Ans Drive, Asmir Dzevlan who says to him that he does not have anything to do with the amount of money in question, and that there are no reasons to reduce the current amount. Dzevlan also says to Pinjic to go to the authorities, thinking of the police and the prosecution. Ans Drive as a co-investor of the Sarajevo Tower, that is Asmir Dzevlan as the director in reality knows everything about Juka’s 200,000BAM. Namely, the general contractor of the Panamera was Ans Drive, and the subcontractor was Juka (MTH-ARI). Panamera paid in order to Ans Drive all of the 8 situations, including the facade works, however Ans Drive was the one that “strung along” Juka for years and didn’t want to pay him for his works at Panamera, telling Juka all the time that Ans Drive did not receive money from Panamera. In October 2018 Ans Drive a cession to Juka to sign it, which transferres other 200,000BAM of debt, unrelated to Juka in a first place, to Panamera, so that Juka needs to take his money from Panamera and not Ans Drive. Later, in court, Juka stated that Ans Drive tricked him, and that he didn’t know, didn’t understand and didn’t even read what he was signing. In addition to all of this, Ans Drive with the approval of Smart Invest raised Juka’s bid for the scaffolding from 450,00BAM to 525,000BAM in order to settle a debt of Ans Drive to Juka in the amount of 75,000BAM. That way the entire amount of Ans Drive’s debt to Juka was transferred to Panamera, first 200,000BAM than the additional 275,000BAM, settled by the raised bid for the facade work and scaffolding. Ans Drive and Smart Invest without a doubt coordinated these settlements and approved each other’s agreements.
Meeting on 28 May, a memo on 29 May:
Let’s get back to the memo sent by Pinjic on 29 May 2019 of observed deficiencies and a warning before termination of a contract, to which both co-investors responded (Smart Invest and Ans Drive) regarding refused advances of temporary situations. After that Pinjic talks to Dzevlan, Halilagic and Mahmutovic to find a solution of refusing the advanced price and enabling construction works in full capacity. “Day after my memo, the bank contacted me and told me that the investors contacted the bank and that they want to activate bank guarantee, which I experienced as a pressure because I refused Halilagic to give him 200,000BAM. I thought of that as a pressure strategy because none of the conditions for activating the bankk guarantee were met, and that had never been mentioned before”, stated Pinjic. From the memo sent by Pinjic, as well as conversations with the investors, can be concluded that there were problems regarding thermo facade and scaffolding, that is retraction of the advances from temporary situations. Both investors, as Pinjic states, announced possible activation of the bank guarantees. Has Pinjic experienced this warning as a revenge for not giving 200,000BAM, or he used that money to organize arrests of the directors of Smart Invest as a revenge for announcing activation of the bank guarantee, we are going to see below.
The warning states that the investor paid the advance payment to Pinjic in the amount of 697,475.00 BAM. It states that “Based on a supervisory body report No.34/19 and a memo of the general contractor Ans Drive doo Sarajevo dating from 31 May 2019, as well as written warnings dating from 18 April 2019 and 21 April 2019 it has been determined that Hodza had done only 3% of the total amount of works, that 4 months already past and the contractual deadline for finishing the works is 6 months and with that he as a subcontractor called in question a purpose of the advanced payment from the Contract”.
This shows that Pinjic’s troubles with the dynamic of working started long before Sedin Halilagic on 20 May 2019 found out from Juka’s warning that Juka didn’t get his 200,000BAM, and many months before 28 May when Sedin Halilagic asked Hodza informatively “What are we going to do with the difference of 200,00BAM?”, thinking of Juka’s money. It is interesting to note that Ans Drive was the one sending Pinjic warnings about his delays in construction even in April 2019, but when Ans Drive in late May 2019 teamed up with Pinjic in preparation for his report in FPA, they decided to change their story and to back up Pinjic’s thesis that he was late with a reason, which is un-defendable statement considering that Ans Drive also sent warnings to Pinjic. The reason Ans Drive turns against Smart Invest is a simple fact that Ans Drive as the general contractor is at risk of paying penalties for every contractual deadline they, or their subcontractors do not meet. This kind of problems existed between Ans Drive and Smart Invest long before Pinjic became involved with this project. It is obvious that the culmination of the several months long Pinjic’s troubles happened on 30 May when the bank called and notified Pinjic that the investors called and announced actvation of the bank guarantee, and that the meeting between Pinjic and Sedin Halilagic on 28 May about the irrelevant topic of changing the manufacturer of stone wool, and where Sedin Halilagic asked: “what are we going to do with Juka’s money”, does not have any connection to Pinjic’s being late with construction and previous warnings. We are going to present irrefutable proofs that Pinjic used Halilagic’s naivety and at the last moment, before his bank guarantee was activated because he did only 3% of the works and what would totally block his company, devised a plan to offer Sedin Halilagic that he would pay the difference of 200,000BAM which doesn’t belong to him, and plant the story to police as Halilagic asking for a bribe, or a gift.
Possibility of 200,000BAM, with a criminal complaint:
Meeting on 03 June:
Pinjic continues to realisation of his “brilliant” plan and on 02 June 2019 asks for a meeting with Smart Invest. The next day at the meeting with Halilagic, as he stated in his report to FPA, he “leaves a possibility to give the 200,000BAM), because in consultation with his lawyer he decided to file a criminal complaint. This statement needs to be analysed further in order to get to the right conclusions. Namely, it is without a doubt that Pinjic consulted with a lawyer before his meeting with Halilagic, and that they togeter decided to file a criminal complaint, and that is why he left the possibility of giving the 200,000BAM back at the table. This part is going to be connected to other motives and intentions of Pinjic and his reporting of the alleged criminal offence. Pinjic also interpreted statements of the director of Smart Invest Elvedin Mahmutovic, who joined the meeting on 03 June 2019, in its own way: “after I said there is a possibility of giving the money back Elvedin Mahmutovic told me that there is not going to be problems in our relationship, and that they (Sedin and Elvedin) called me to tell me that I have their protection, to communicate with Sedin Halilagic and Zijad Imamovic (the supervisor) and to listen only to them, and that he (Elvedin Mahmutovic) backs up every word Halilagic says, which I interpreted like they both ask for the 200,000 in question. Also, I want to point out that according to my knowledge that I got directly from Elvedin Mahmutovic, Sedin Halilagic is the authorized representative of Smart Invest doo Sarajevo, and the conclusion that money which Sedin Halilagic asked for, he asked on the behalf of Elvedin Mahmutovic”, stated Pinjic. In the last sentence of this statement we see that Sedin did not tell Pinjic that he would forward money to Elvedin Mahmutovic, because it is obvious that Pinjic “concludes” from the statement of Elvedin Mahmutovic, because Sedin Halilagic is an authorized representative of Smart Invest investors. Here Pinjic explicitly states that Sedin Halilagic asked for money but we are going to prove that Pinjic was the one offering the money and we are going to point out a contradiction in which Pinjic claims that Sedin Halilagic and Elvedin Mahmutovic called him to come, while he in the same statement claims that he went to Smart Invest unannounced on 02 June 2019, and initiated the meeting on 03 June 2019 in following words: “After I got information from the bank I went to Smart Invest to talk to Sedin Halilagic. On that occasion his secretary told me that he is in a meeting and that he will call me as soon as he is available. On 02 June 2019 at 19:01 hours Halilagic called me from his number and asked could I come tommorow to his office to resolve the issue, what I accepted.
This last quoted statement by Pinjic confirms his motive and situation regarding bank guarantees, which was Pinjic’s problem developing since April when Ans Drive sent him the first warnings, and not since the meeting with Sedin Halilagic on 28 May, which is how Pinjic “sold the story” to the police and the prosecution.
Additional interpretations:
After Pinjic asked for a change of material manufacturer, the meeting between him and Sedin Halilagic takes place on 28 May 2019.
Sedin Halilagic reacts in a normal way like every responsible person and explains to Pinjic that there is a difference in “blown up” prices because of Juka’s money, and because Halilagic concluded that something went wrong in discussions between Ans Drive, Zjaja, Juka and Pinjic, he asks Pinjic how to resolve the situation. Pinjic at that point had a legitimate right to say that he doesn’t care about Juka, he doesn’t now anything about that situation and that he refuses to give up the 200,000BAM. No matter Pinjic actually knew everything about the situation, and not only that he knew, he promised Juka his money in front of the witnesses, but he still had a legal right to negate the fact and ask that the situation is resolved in court. This meting on 28 May ended with a legitimate conclusions like every other business meeting, Pinjic said to Halilagic that he does not care abut Juka’s money, and Halilagic sad to Pinjic that the material needs to be according to the contract.
A written agreement between Sedin Halilagic, Juka the façade worker and Zjaja the supplier
From the perspective of Smart Invest there is no doubt that before Juka’s warning Pinjic’s contract had the additional 200,000BAM, but after Juka’s pre-notice of a lawsuit against Smart Invest it became un-disputable that Juka backed out of abovementioned written agreement (you can see it here) and turned against Smart Invest, leaving Smart Invest (on purpose or not) in a risky situation that they could pay the debt in a double amount of 400,000BAM. This way Smart Invest legitimately concluded that Pinjic’s contract includes 200,000BAM that belong to Smart Invest, but we are pointing out that Pinjic had every right to refuse a reduction of his contract. After this, on 29 May, Pinjic sends a warning to Smart Invest and Ans Drive, stating reasons for retracting his advanced situations, dynamic of works and bank guarantees, and Smart Invest responds by quoting the contractual obligations and denies Pinjic’s argumentation. Pinjic after that goes to Ans Drive and they advise him to report Sedin Halilagic and Elvedin Mahmutovic to the authorities, and in a relation to the fact that Sedin Halilagic had a legitimate interest in resolving 200,00BAM debt to Juka. Here comes the crucial moment in the whole case.
Ans Drive and Pinjic coordinate their actions regarding the report to the authorities, but they decide that Pinjic would not go immediately to the police, but later on 04 June 2019. Namely, the meeting between Sedin Halilagic and Pinjic on its own does not have any basis for the filing of the criminal complaint, because according to Pinjic’s statement to FPA from 10 June 2019, if all contradictory statements from Pinjic are ignored, nothing spectacular happened in that meeting. As we already explained, Halilagic legitimately explained to Pinjic that there are additional 200,000BAM in his contract and asked him how to resolve that, and Pinjic also legitimately denies it.
Rigged criminal offence
All of this was not enough for the criminal charges, so Pinjic had to ask for another meeting with Sedin Halilagic, and the meeting was held on 03 June 2019. Like we quoted Pinjic earlier, he and his lawyer before this meeting decided to report a criminal offence – asking for a 200,000BAM bribe. Considering that they didn’t report this when they decided, as concluded from Pinjic’s statements that was before 03 June, he decided to ask for the additional meeting. Pinjic first stated that he wanted to take a meeting because the bank contacted him because of the bank guarantees, and Sedin Halilagic called him on 02 June at 19:01 hours to ask him could he come the next day to resolve the issue. Pinjic than at FPA on 10 June says the following: “Considering that I had already decided with my lawyer to file criminal charges, I accepted the meeting about giving the 200,000BAM, so I could inform the authorities about plans of the reported individuals. After I said at the meeting that I might be open to giving the 200,000BAM in question, the director of the Smart Invest doo Elvedin Mahmutovic joined the meeting…”.
This statement from Pinjic actually exposes the whole rigged procedure against Sedin Halilagic an Elvedin Mahmutovic. Namely, it is a lie that Pinjic accepted a meeting about giving the money, which manipulates into thinking that Sedin Halilagic asked for a meeting, but the truth is that Pinjic initiated the meeting wanting to talk about the bank guarantees, and he event said himself he came to the Smart Invest unannounced so the secretary told him that Sedin Halilagic is in the meeting. After that Halilagic called him based on his secretary’s message that Pinjic asked for him.
Since Pinjic admits that the first devised a plan with his lawyer to file criminal charges, he needed new meeting so that he can admit that he has the additional 200,000BAM in his contract that does not belong to him, which was not the initial reason for the meeting he asked for, and to “agree” on how he will return the money that does not belong to him. Further in his statement Pinjic says that he “mentioned a possibility of giving back the money” which is not his in the first place. We can without a doubt conclude that Sedin Halilagic asked Pinjic at the meeting from 28 May how to resolve the situation (200 thousands of Juka’s money in Pinjic’s contract), which he refused on 28 May. Also without a dobubt can be concluded that after Juka’s warning sent to Smart Invest, and Pinjic refusing to give the money back, Smart Invest can legitimately consider that the 200,000BAM of extra money in Pinjic’s contract is money belonging to Smart Invest. Furthermore without a doubt is that Pinjic devised a plan with his lawyer to ask for another meeting (03 June) and to announce to Sedin Halilagic that now, 5 days later, he admits that he has extra 200,000BAM, which belong to Smart Invest and that he is ready to give it back.
Give back what does not belong to you
Sedin Halilagic then accepts the proposition and the agreement that Pinjic gives back the money to Smart Invest, probably because in case of losing the litigation with Juka, and obligation to pay Juka 200,000BAM Smart Invest and Panamera (interconnected legal entities) remained even when settling the case. The result of this meeting was completely fair for all sides: Pinjic accepts to give back the money which ended up in his contract by accident and does not belong to him, Smart Invest gets back the amount that was accidentally given to Pinjic, and Juka gets his 200,000BAM when the legal case is over or settling with Panamera or Smart Invest, including Ans Drive, which Juka also sued for his money. At this point nothing is disputable, because the meeting from 03 June can be considered a meeting about settling mutual claims between different parties. Everything becomes disputable on 04 June when Pinjic realizes his plan, which he devised with his lawyer and goes to FPA and turns an agreement about resovling obligational relations into a completely fabricated story about bribe, while presenting himself as a victim, and Smart Invest as a racketeer that wants something that does not belong to him. Pinjic on purpose in a meeting with Halilagic pretended that he admits his debt and created an impression with Halilagic that there is nothing wrong that he takes the money that belongs to Smart Invest. It is clear without a doubt, and concluded from Pinjic’s statement, that Sedin Halilagic asked Pinjic how are they going to resolve this situation and then Pinjic came without an appointment, initiated the meeting and then initiated a solution for resolving the problem with the extra 200,000BAM belonging to Juka. He than “sold” the whole story to FPA as the story of bribe and racketeering. FPA then acted “naively and without understanding the whole obligational situation”, included the prosecution and then together “with a nightstick” entered a complicated obligational situation, which usually takes many years to be resolved and includes the economic-financial court experts and civil courts.
CONCLUSION:
The fact that the FPA and the Prosecution prepared everything for the arrest during handover of the debt, already on 14 June 2019, 10 days after Pinjic first went to FPA, and 4 days after Pinjic’s statement as the informant and witness, proves that FPA and the Prosecution had not reviewed the whole case and the realized the depth of the situation, and they could not understand anything in such a short period of time, just like they did not pay attention to contradictions in Pinjic’s statements, so that way they committed a criminal offence of negligent work in the service, which as a consequence had the fact that innocent people are in jail, and the false accuser achieved his business goals by using the authorities to help him in that cause in the most brutal way possible.
The only correct way to handle this situation by the FPA and the Cantonal Prosecution Office of Sarajevo Canton was to inform the accuser Pinjic that these questions do not belong to criminal offences and to deals with his business problems via obligational instruments. In case they wanted to continue the process towards arresting somebody, the prosecution had to do a detailed analysis of the obligational relations like we have done in this text and other analysis, and to recognize a rigged case and to arrest the false accuser and not innocent people.
Statements by Pinjic that Halilagic called him on 07 June 2019 to a meeting in order to agree about the way he will give them their money, even the suggestion to do it in three instalments because he cannot do it at once are subjected to an agreement about how should Smart Invest get what belongs to them, from Pinjic who does not have any rights to that money. Pinjic 3 days before the meeting involved the police and everything that followed was simply staged to look like crime of giving a gift, and not like settlement of debts in relations where Pinjic is not a victim. Pinjic gives the first instalment to Halilagic on 10 July, when Halilagic and the director Mahmutovic were arrested.
The solution to the mystery: What happened to Juka’s 200,000BAM?
We have to admit that it is not yet discovered what happened to Juka’s money, and from information we have Juka was a witness in a hearing in the criminal procedure in August of 2020, which means more than a year since the innocent people were arrested, when Juka asked the judge to try to explain where is his 200,000BAM. So Juka even after a year does not have any idea where his money is. We can only ask the prosecutor Sanin Bogunic, who arrested and charged innocent people, this question (the prosecutors usually blame judges who confirm the indictments, but we think that the judge in this case did not have any chance to realize the obligations during the process of confirming the indictment, and the prosecutor is absolutely responsible for this).
We do not dispute a right of the prosecutor to arrest people, because in this country a lot of people has to be arrested, but in this case the prosecutor first needs to answer the simple question: where is Juka’s money, and then arrest people. If the prosecutor does not know where is Juka’s money he then needs to apologize to the innocent people and the entire public for his incompetence and one of the most drastic violations of the investor’s trust into the Bosnia nd Herzegovina judiciary since war. If the prosecutor knows where Juka’s money is he needs to inform the public and especially Juka, who still seeks after his money, himself.
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Beginner mistakes of the authorities
We derive conclusions, from Pinjic’s statement, where the authorities made mistakes:
- Did not investigate whose 200,000BAM is
- Did not differentiate between an obligational relationship (debt) and criminal offence (bribe), which means they made a wrong qualification of the offence
- Interchanged the role of a victim, in this case Smart Invest with the role of Euro-Profil commerce
- Turned a legitimate means of using a bank guarantee to pressure a contractor to finish works into a way to get to the alleged bribe
- Influenced by Pinjic arrested wrong individuals Mahmutovic and Halilagic under the falls accusations
- Did not check Pinjic’s statements to see are they true or false
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Etika.ba posted a poll: Where is Juka’s money?, and left an opportunity for the readers to jugde on their own based on the facts and arguments presented in the text is the aforementioned 200,000BAM a debt or a bribe. The results of the poll match a common sense opinion of Korekt doo and Etika.ba web page, and disproved the theory of the prosecutor Sanin Bogunic.
Namely,
Until Monday, 07 December 2020, 18:00h 121 reader voted.
35 readers or 29% voted that Hodza has Juka’s money
13 readers or 11% voted that Ans Drive has Juka’s money
4 readers or 3% voted that Smart Invest has Juka’s money
7 readers or 6% voted that Panamera has Juka’s money
48 readers or 40% voted that the prosecutor Bogunic has Juka’s money (seized during the arrest)
14 readers or 12% voted that Juka’s money has vanished without a trace
Results of the poll also match the analysis of Etika.ba, because 69% of the readers think that Hodza has Juka’s money (29%), and that the prosecutor Bogunic has Juka’s money (40%), which means that the vast majority of readers think that there is no 200,000BAM of bribe, and that the 200,000BAM was indeed a debt.
Since Hodza had Juka’s money, and Hodza repurposed it with the false report to a bribe, we can deduct that the 60,000BAM Hodza gave to Halilagic, when Halilagic was arrested, is Juka’s 60,000BAM, and these 60,000BAM ended up with the prosecutor Sanin Bogunic because he seized them during the arrest. The rest of the money, 140,000BAM, is still in Hodza’s possession. In this poll readers actually told Juka where to look for his money.
To be continued…
In the text following on 14 December 2020 we are going to publish evidence that will clear have the prosecutor Sanin Bogunic and the federal inspector Zoran Drasko unadvisedly “bought” a false criminal complaint, or they have they consciously decided to ignore their discoveries about motives of the accuser Hodza.
In the text following on 21 December 2020 we are going to inform the public of actions of the chief cantonal prosecutor Sabina Sarajlija, who was timely informed by Korekt doo of their discoveries.
[1] D.o.o – a private limited company – Ltd.
[2] Pejorative names for a person, especially when doing business
