Russia: Moldovan scheme of money laundering improved
Under the new scheme about 37 billion rubles divested abroad.
In Russia, a new scheme of money laundering by means of judicial decisions and court bailiffs appeared. As reported by Kommersant, to this already well-known Moldavian scheme the Federal Bailiff Service is hooked. The scheme works as follows: a non-resident goes to court with a demand to repay the debt. The resident agrees to pay off the debt and it is made an appropriate decision on recovery. Then, the non-resident refers to the bailiffs with the writ of execution and those legally write off the debtor's money, then transfer them to the claimant's account. Thus, the money passes through the official body and displayed on the foreign accounts as totally legitimate.
The Bank of Russia have indicated that it has known about the existence of the scheme. With the help of this scheme in 2016 it was managed to get abroad more than 16 billion rubles. In total, according to the Central Bank, thus way it was siphoned off about 37 billion rubles. In each case, the amount in dispute ranged from 400 million to 6 billion rubles.
At the same time, it is simply to identify the fraudsters in court. To do this, it is necessary to compare the actual pace of activities of the respondent company to the amount of the requested debt. However, the courts usually do not need this. Banks only have to fulfill the requirements of bailiffs, and the Federal Bailiffs Service (FPPS), in turn, has no authority to assess the activities of firms.
Recall, with Moldovian scheme the 'laundry' was organized on the territory of another state. The russian company, wishing to launder money, open accounts in Moldovan banks. Another legal entity supplied to the Moldovan court for the recovery of the Russian company's alleged debt. The defendant is also used a citizen of Moldova (for this role scammers usually attracted not much to think about the consequences anti-social elements). It is necessary to ensure that the case is dealt with in Moldova. There, with the help of judges a positive decision on the recovery with mass violations are made.
Now, in Russia it is absolutely legal scheme to work. The Central Bank plans to issue new control rules for banks. They will be instructed to make a decision on the qualification of operations conducted within the framework of the use of this penalty scheme as suspicious and use the right to refuse transactions. Another option is to make arbitration courts carefully approach the issue of how the decision to recover could violate the rights of other creditors.
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