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Below is a translation of an article that appeared in Armenia’s newspaper, “02” – The Police Messenger, on May 6, 2005, by Gohar Kalashyan

Benefactor at the Courts’ Doorsteps

Necessity of being a “rule of law” country

It is not easy to be engaged in charity. For becoming a benefactor wealth is not enough. Sharing with others, helping those in need, investing in Motherland’s prosperity is not just a matter of wealth, but requires human zeal and inspiration. As a consequence, our nation knows by names all Armenian benefactors living all over the world.

George Najarian, an American – Armenian, is a benefactor enjoying the love and acknowledgement of the people. Hospitals in Gyumri and Artsakh, humanitarian projects on education, projects aimed to support the financially insecure and other numerous charitable activities for the benefit of the people and the Motherland -- these are just a few of the remarkable activities of the Najarian family.

As an acknowledgement for these activities Najarians were granted with a special residency status in the Republic of Armenia in February 16, 2001. It is worth noting that the good deeds, as cordial and impartial they may be, still need to be acknowledged, for the benefit of the benefactors and those toward whom their activities are directed.

Stability of our country, Armenia becoming a rule of law country in practice, is essential for the benefactors and for those who invest or are about to invest in our developing country -- rule of law in practice, not just in theory, and equality for everyone before the law. The truth is that the development and advancement of the judiciary will inevitably contribute to the increase of the country’s international reputation. Thus, in order to encourage projects for the benefit of our nation we need to have a reputation of as a “rule of law” nation. Short-sighted interests or baseless ambitions should not be allowed to serve as obstacles for justice to prevail, since this is the area where any misstep will destroy the country’s reputation with the potential for long – term negative consequences.

In contrast to this background, George Najarian has been fighting since August 2003for the restitution of damages suffered, yet he is still at the doorsteps of the public prosecutor’s offices and local courts. To say he thus appears disappointed in the Motherland, or he ceased his humanitarian activities would not be fair. As a prominent Armenian he continues to serve his nation, while as a prominent businessman he is hard – edged in protecting his lawful rights and bringing to account those abusing his trust. The pity is the time and means this benefactor has spent in order for justice to prevail, almost three years now, he could have spent for the benefit of the Motherland, let alone the whole ordeal he has had to endure and, its impact on his fragile human health. While at first Najarian had to fight the person attempting his property, afterwards, on the way to justice, he banged walls, often facing deadlocks, yet he stood by his ability of winning the love and respect of ordinary people and finding his path to justice.

Person “Empowered”

George Najarian first appealed to government authorities back in August 21, 2003, claiming that a citizen of the RA, Grigor Igityan, appropriated through fraud his property of two parcels of land and buildings on Dzoragyough Ethnographic Complex, a photo retail store on Abovian with all of its equipment and his share of the profit gained from the business.

Who is the citizen Grigor Igityan? Starting from 1995-1996 he was in close relationships with Najarians; he was their translator and escorted the couple during their visits in Armenia. Obviously, he was rewarded for his services. In fact, he was rewarded not by just material means, but also by friendship and care of the prominent benefactors. Najarians even brought him to the US for treatment. He was received and treated by Najarians as a family member.

In addition to their charitable activities, the Najarians decided to open a small business in the Motherland, create some employment, and again direct most of the income to their humanitarian activities. This time, they decided to involve Igityan not as an employee, but as a partner. Igityan at the time was enjoying the affection by Najarians.

In 1996 they purchased a space worth of 4 million 109 thousand drams on Abovyan Street, which was registered under the name of Igityan, the space was renovated and turned into a photo shop. According to Najarian, during the period of establishing the photo shop he invested $137,000 USD on equipment and materials. According to agreement, profit from the first three years of operation should have been shared between Najarian (70%), and Igityan (30%), and equally afterwards. At first, Igityan performed properly. Then comes the time of temptation with Igityan switching attitudes.

The law of that time forbad foreigners from having ownership of land, thus Najarian obtains a 25 year lease under the name of Igityan on Dzoragyough and started the construction of the two buildings. The goal was to establish a charity office in one building, and in the other, to make the dream of a home in Motherland to come true. Necessary funds for construction were either transferred by wire or brought to Armenia in person by Najarian. Igityan presented Najarian with expense reports, requested additional funds and made payments from funds provided by the benefactor (Najarian). Then Igityan got rid of the second person empowered by Najarian who was involved in the project, and took sole control up until the time when an architect hired by Najarian recovered the inflated construction expenses by Igityan. For his turn, Igityan managed to not only register the title of the land parcels, the two buildings and the photo shop under his name as his property, but also found a buyer for one of the buildings and sold it for $600,000 USD.

It was after the revelation of this unprecedented “operation” that Najarian turned to the government authorities.

Undercover “millionaire” vs. prominent famous benefactor

Through its decision of December 16, 2003 the Yerevan City Prosecutor refused to institute criminal proceedings against Grigor Igityan, claiming a lack of evidence. After the complaint filed by Najarian’s attorney, the Republic of Armenia General Prosecutor’s Office terminated that decision and instituted criminal proceedings against Igityan in May 10, 2004.

After the pre – investigation of the case, the proceedings on the case were dismissed in October 9, 2004, again claiming a lack of corpus delicti in Igityan’s actions.

After another complaint by Najarian’s attorneys, the Yerevan Court of First Instance of Central, Nork and Marash Communities terminated the decision on the dismissal of the case, obligating the investigators to resume the case and involve Najarian as a victim.

Now came the turn of the Prosecutor’s Office to appeal. But the Court of Review, in March 10, 2005, and the Court of Cassation, in April 22, 2005, both upheld the decision of the Court of First Instance, rejecting the two repeated appeals by the Prosecutor’s Office.

The courts unanimously provided that the investigation did not examine, and did not properly analyze evidence obtained through the case. Examination of scores of documents, witness accounts and other evidence clearly provide that Igityan acted under the authority of Najarian; that he was accountable to Najarian; that he conducted the construction exclusively through the funds provided by Najarian; and, that he clearly inflated construction expenses and extorted extra funds from Najarian, in addition, to those spent on the construction.

The investigation took for granted that Igityan possessed a fortune which he allegedly invested into the construction. Meanwhile, Igityan claimed possessing a fortune worth of hundreds of thousands of US dollars only at the end of the investigation, as if he received a huge inheritance from his in – laws. It is noteworthy that no valuables -- high priced paintings or other art items -- were found during a search at Igityan’s apartment in May 22, 2004, while a few months later, in October, during a simple look around at the same apartment it was claimed that expensive paintings hung on the walls and ancient jewelry and other valuables were found. However, documents provide that in 1994 Igityan’s wife inherited just minor bank savings. It was also not substantiated that Igityan could have borrowed excessive amounts of money, and thus, could have invested them in the construction project.

According to the Court of Cassation: “Actions by Igityan, which resulted in his becoming the sole owner of the lands on Dzoragyough, the two buildings constructed on such lands, and also the photo shop on Abovyan Street, while no property was registered under the name of George Najarian, who implemented numerous humanitarian projects in Armenia, were not analyzed and were not evaluated in their entirety by the investigation.”

It is worth mentioning that the current state of this case is also due to the remarkable work of the two attorneys of Najarians in Armenia, Ashot Boghossian and Hrair Ghoukassian. Their excellent job was evident during all stages of court proceedings, representing a new and advance quality of lawyer skills in Armenia.

The result of the Court of Cassation decision, is that the Court of First Instance decision came into force. However, it is not the end of this case. It is the end of the first part of the story. The investigation is to proceed and then there comes the court again. Time will show whether justice will prevail.

By Gohar Kalashyan
02 (Police Messenger)
May 6, 2005

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