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Grupa Azoty Kędzierzyn files criminal complaint regarding research projects
25.10.2024
Grupa Azoty Kędzierzyn files criminal complaint regarding research projects

Grupa Azoty Kędzierzyn has submitted a criminal complaint alleging misconduct related to research and development projects outsourced to external entities in 2021–2022. The complaint claims that the company received information during the projects’ execution that the activities were futile, yet expenses continued to be incurred. According to the filing, the estimated financial loss to Grupa Azoty Kędzierzyn from these projects is approximately PLN 10.7 million.

The projects, deemed purposeless, were not utilized by Grupa Azoty Kędzierzyn in its operations. The complaint highlights several critical issues, including a lack of oversight over the projects and expenditures, insufficient economic and commercial analysis before commissioning the projects, and a failure to demonstrate the rationale and potential benefits of the expenses. Timelines were not adhered to, progress was not monitored, irregularities went unaddressed, and no consequences were drawn.

The complaint also notes that Grupa Azoty Kędzierzyn did not secure exit clauses in the event of inefficiency or other deficiencies. The company entered into 37 contracts without making payment contingent on demonstrated results.

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Audits are currently underway across the Grupa Azoty Capital Group, focusing on operations in recent years. The audits address record losses since Q4 2022, a lack of effective corrective measures, completed investments, and executed agreements. As a result of these audits, several criminal complaints have already been filed, including:

  1. causing significant financial harm to Grupa Azoty S.A. by facilitating the creation of and engaging in actions and omissions related to alleged irregularities and illegal activities in the functioning of the Polish National Foundation (PFN), involving the misuse of millions of zlotys in company funds, amounting to PLN 45.5 million.
  2. sponsorship and advertising contracts at Grupa Azoty S.A., resulting in financial expenditures exceeding PLN 7.5 million.
  3. actions detrimental to Grupa Azoty Puławy, involving sponsorship and advertising contracts as well as donation agreements, leading to financial losses exceeding PLN 5.2 million.
  4. causing significant financial harm to Grupa Azoty S.A. amounting to over PLN 4 million, related to annexing management service agreements with seven former members of the Management Board of Grupa Azoty S.A. These agreements guaranteed six months’ compensation to the mentioned Board Members after their term ended, without allowing Grupa Azoty the option to terminate such agreements.
  5. causing significant financial harm to Grupa Azoty S.A. amounting to nearly PLN 500,000, related to non-compete agreements for managerial staff (directors).
  6. non-compete agreements at Grupa Azoty Puławy, which are under scrutiny.
  7. suspected criminal activity by a former member of the Management Board of Grupa Azoty PKCh, involving significant financial harm to the company by abusing authority and misappropriating company assets for personal use, unrelated to the company’s operations, with damages totaling no less than PLN 283,000.
  8. suspected criminal activity regarding the circumstances of withdrawing from an investment in Senegal. The complaint alleges unjustified and purposeless transfer in 2018 by Grupa Azoty Police to DGG Eco sp. z o.o. of registered shares in African Investment Group SA, valued at 6.6 million FCFA. In return, Grupa Azoty Police did not receive the PLN 180 million stipulated in the agreement with DGG Eco sp. z o.o., resulting in financial harm to the company of no less than PLN 180 million, as stated in the notification.
  9. suspected criminal activity by the former President of the Chemik Police Club, who, according to the report, abused his authority and failed to fulfill his duties in managing the Club's assets, resulting in significant financial harm of at least PLN 227,000.
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