Former Kosovo Telecom CEO faces trial over alleged harmful contract
- Kosovo
Former Kosovo Telecom CEO faces trial over alleged harmful contract
- Case Date(s)
- 05/2023
- Case Updated
- 11/2024
Case Summary
Phase
1st instance procedureOffence
- Bribery of public officials
Sector
- Telecommunication, computer programming, consulting, computing infrastructure, and other information service activities
Institution
- Kosovo Telecom
Involved people
- Politically exposed
- Yes
- — Concluding a harmful contract
Agron Mustafa, former CEO of Kosovo Telecom, allegedly caused €6.7 million in financial damage to the state-owned operator Kosovo Telecom by signing unfavourable contract terms. The contract, concluded with Paykos L.L.C. in 2015, involved the distribution and sale of Telecom’s prepaid products, but subsequent alterations to the contract terms reportedly further harmed Telecom. In 2020, following a change in management, Kosovo Telecom filed a criminal report regarding the contract, leading to Mustafa's indictment in 2023 for "Concluding a Harmful Contract". The trial, which began in January 2024, remains ongoing.
In March 2015 Agron Mustafa, former CEO of Kosovo Telecom (KT), signed a contract with Paykos L.L.C. to distribute and sell prepaid mobile services and products under the Vala brand, primarily electronic top-ups and codes for scratch cards. The agreement aimed to expand Kosovo Telecom's, sales network by establishing 2,000 new sales locations. However, years later, the contract came under scrutiny for allegedly causing over €6.7 million in financial damage to the state-owned company.
According to Telecom documents, Paykos was contractually entitled to a 9.7 per cent sales commission per transaction, a higher rate than in previous agreements. Furthermore, between 2015 and 2017, Mustafa signed additional annexes and agreements that increased the commission rate, leading to significant financial losses for Kosovo Telecom. The most damaging modification occurred in March 2016, when a Memorandum of Understanding raised the commission rate by 18 per cent. By May 2021, the financial loss attributed to this change reached €2.5 million. Another annex allowed Paykos to purchase scratch cards at a 35.4 per cent commission. This high commission was justified by claims that the cards were old stock. However, Telecom argued that the cards had little purchase value and could have been destroyed instead, which would have significantly minimized their losses.
In June 2020, Kosovo Telecom's new management, filed a criminal report alleging that the contract and its annexes harmed the company's finances. This led to an investigation and in May 2023, the Basic Prosecutor’s Office in Priština indicted Agron Mustafa for the criminal offense of 'Concluding a Harmful Contract'. The indictment alleged that, as CEO of Kosovo Telecom, Mustafa knowingly altered the contract terms to benefit Paykos at Telecom's expense, ultimately causing a financial loss of €6,796,732.
The case faced procedural delays. Kosovo's Criminal Procedure Code mandates that an initial hearing must occur within 30 days of an indictment's acceptance, yet Mustafa's first hearing did not take place until January 2024 - eight months later. At this hearing Mustafa pleaded not guilty. His defence team argued that the prosecution lacked evidence and had violated legal procedures by suspending the investigation in 2022 and engaging foreign experts unlawfully.
Despite these objections, , the Basic Court in Pristina confirmed the indictment in March 2024. Mustafa’s defence appealed this decision, but the Court of Appeals dismissed the appeal in August 2024, allowing the trial to proceed. Court sessions resumed in fall 2024 with witness testimonies and evidence review (see here and here).
Separately, the arbitration court ruled in December 2023 that the Paykos must pay Kosovo Telecom €1.4 million, while Telecom was required to pay Paykos €850,000.
Agron Mustafa was also charged in a separate case, but in December 2022, a second-instance court acquitted him and two other former Kosovo Telecom executives of corruption charges.
The case highlights the financial and reputational damage caused by questionable public contracts. The alleged mismanagement of public funds undermined the state-owned operator’s financial stability and eroded trust in public enterprises, which are expected to serve citizens' best interests. Additionally, the prolonged legal proceedings highlight systemic vulnerabilities in Kosovo’s ability to handle corruption cases involving high-level public officials. The mismanagement of public funds underscores the need for stronger oversight of future contracts concluded by public institutions and state-run companies.
Further details
- JURISDICTION/COURT
Basic Prosecutor’s Office in Pristina
Basic Court of Pristina
Court of Appeals
- LAWS (ALLEGEDLY) BREACHED
Criminal Code of the Republic of Kosovo (Concluding a Harmful Contract, Article 291, Paragraph 2, in relation to Paragraph 1, and in connection with Article 81, Paragraph 1, Subparagraphs 1.2 and 1.5)
- UNCOVERING METHOD
In June 2020, Kosovo Telecom filed a criminal report with the Economic Crimes Department of the Kosovo Police, requesting an investigation into the contract with Paykos, which Telecom claimed had caused financial losses. This led the Basic Prosecutor’s Office in Pristina to open a formal investigation.
Furthermore, the National Auditor’s Office also identified violations in the Paykos-Telecom agreement in its 2020 report, noting that Paykos had recorded increased profits from higher commissions under the annex contracts.
- PROSECUTOR
Ardiana Veseli
- JUDGE
Sabit Sadikaj
- DEFENCE COUNSEL
Driton Muharremi
SOCIAL HARM ON SDGs
9 Industry, innovation and infrastructure
16 Peace, justice and strong institutions
According to the Prosecutor's Office, Agron Mustafa with his actions caused damage to Kosovo Telecom and the state budget, totalling €6,796,732. The social harm caused by this case includes the misallocation and diversion of public funds and the erosion of trust in state-owned enterprises and public institutions, which are expected to serve citizens' interests. Additionally, the prolonged investigations and procedural violations during legal proceedings highlighted weaknesses in Kosovo’s ability to address corruption cases involving high-level officials, further undermining public confidence in the rule of law and accountability in the public sector.
Disclaimer
Every effort has been made to verify the accuracy of the information contained in this database. All information is believed to be correct as of 11/2024. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.
Additional Material
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Press release Link teve1.info/themelorja-konfirmon-aktakuzen-ndaj-agron-mustafes-per-demin-ndaj-telekomit/Basic confirms indictment against Agron Mustafa for damage to Telecom
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Press release Link kallxo.com/ligji/dyshohet-se-i-shkaktoi-dem-mbi-6-7-milione-euro-telekomit-te-kosoves-ngritet-aktakuze-ndaj-ish-kryeshefit-agron-mustafa/Suspected of causing damage of over 6.7 million euros to Kosovo Telecom, indictment is filed against former chief executive Agron Mustafa
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Press release Link telegrafi.com/gjykimi-ndaj-agron-mustafes-pritet-te-filloje-ne-janar-akuzohet-se-telekomit-shkaktoi-dem-rreth-7-milione-euro/The trial against Agron Mustafa is expected to begin in January, it is accused of causing about 7 million euros in damage to Telecom
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