The Financial Investigation Bureau (FNTT) has formulated a formal memorandum on how civil servants should communicate with lawyers, in particular with colleagues who have gone through barricades.
Changes the profile
Officials with legal training who have experience in service for a year, have decided to change their professional choices, find work easily on the other side of the barricade. The public prosecutors, and especially those who have held high positions, have for a long time been the subject of unclear thoughts of lawyers.
A few years ago, the elite of the prosecutor's office left the service and the veto of the public prosecutor attached to the lawyer's line, looked like the foundations of the collapsed fortress of the defenders of the name of the state.
But similar virazes are not only popular in the offices of the public prosecutor. The FNTT officials also do not interfere with the practice of a private lawyer when, for one reason or another, they are forced to leave a service that aims to eliminate property foreclosure. Former law enforcers, their assistants, or simply the employees of an office, have not been persuaded by the FNTT to represent those who are "impassioned" by fnt technicians.
Such a simple commitment from former FNTT officials to defend potential VAT payers was not just a matter for public prosecutors.
After the article "Kauno diena" about the wreck of former lawyers who had become lawyers in the black accounts of "Samson", the FNTT management had little patience.
The director of the FNTT, Antonis Mikulskis, signed a letter of notice "Concerning contact with former lawyers who practice former colleagues and potential conflicts of interest".
"Kauno diena" wrote in May that in the front line of the FNTT researchers, who started in 2016, the case of the meat processor of the black processing company "Samsonas", in the service of Harold Yuska. This officer, after the first steps in the Samson case, shared his duties with other colleagues and suddenly changed the profile of his career. H. Juška, representing the defending side of the state, has switched to the prospect of potential defenders of tax officials.
From 2017 H. Juška works as an assistant at the law firm Rolandas Mištautas and Teisutis Milickis Konsus. Her lawyers Darius Novikas and R.Mištautas have been contracted to represent two suspicious "Samson" cases.
"I think they have access to the information that the researcher had to study in this case and know the preliminary data of the case," questioned Donatas Puzinas, Attorney General of the 2nd district office of Kaunas County Office, Samson's preliminary investigation.
The law provides for a time limit for a person who no longer holds his one-year mandate in the public service for representing natural or legal persons in the institution where he worked during the past year.
"In this case the assistant does not represent the suspects in the Samson case, but he is subordinate to the employees who represent the case and the former official has information that could damage the success of the investigation," said the public prosecutor.
The law firm Konsus also employs more former FNTT officials. One of them, named D.Novikas, is also an official of the FNTT. The presence of D.Noviko in the lawyers R.Mištautas and T.Milickis at the law firm "Konsus" is confirmed by the official website of the Lithuanian lawyers.
The biography of lawyer R.Mištautas also contains a record – R.Mištautas, deputy head of the special tasks department of the FNTT. His current colleague, T. Milickis, was also the head of the FNTT Special Task Board.
The ring of former FNTT officials gathered in this office gives the impression that this is a great place to leave FNTT colleagues.
Described by a lawyer, a former FNTT official, in a law firm, it would have been embarrassing to be financially afraid of civil servants who are not public.
The FNTT leadership had to remember the guidelines of the law and define the peculiarities of the communication between the officers and the threats against violations.
"So that there is no doubt about a possible conflict of interest" – advised in the memo.
The details of the preliminary investigation are only published with the permission of the public prosecutor who directs the investigation. Hypothetically even a lawyer from a FNTT lawyer would have to be instructed by a public prosecutor. Publication of data from the preliminary investigation is legally established and non-compliance involves an official or criminal liability.
The combination of public and private interests in the civil service is also included in the memorandum. "So that there is no doubt about a possible conflict of interest" – advised in the memo. Exceptional and to what extent the former colleagues can communicate: "Until the person has the need to participate in the preparation, consideration or approval of the decision-making procedure".
"In order to avoid conflicts of interest in a professional activity, you not only have to inform his immediate superior of the situation, but also leave the premises where conflicts of interest are resolved," the letter remembers.
It is no secret that even former officials who fled to the next barricade were fond of coffee and "friendship" with former colleagues.
The letter signed by A. Mikulskis also recalls that the FNTT officer must report on his attempt to exert pressure or to request information.
The lawyers themselves do not arrange
Advocacy and research are in themselves a conflict. Since investigations into economic crime take years and not two, the provision of the law seems that a person who has terminated his term of office in the public service can not be a natural or legal person for one year in the institution where he worked during the past year. logical.
It was not heard that a memorandum from the lawyer would have been submitted by the Bar Association. They may follow the provisions of the Court that "if the lawyer is of the opinion that his representation is unlawful, he must be dissolved". The dissolution of lawyers is quite rare in legal practice.