The revitalization scheme, allowing fraudsters to steal money from Bank accounts of large companies with the help of judicial decisions, said some bankers. We are not talking about a scheme to launder funds through writs of the courts, and about the very real theft.
According to sources , as victims are selected large companies whose accounts are opened in major banks. “A large amount of operations in the company and in the Bank makes it difficult to organize the tracking of illegal debiting from Bank accounts,” explains one of the sources . Once the victim is chosen, against her natural-crook files a lawsuit for the recovery of a certain amount as bad debt. Moreover, the company itself doesn’t even know that it is someone suing.
“The fact that citizen-fraud is drawn, as a rule, the regional court of General jurisdiction with a claim, the amount of which does not exceed 500 thousand rubles. This is the threshold for disputes in the amount below which the decisions of justices of the peace are submitted in a simplified manner through a judicial order in accordance with article 121 of the Civil procedural code of the Russian Federation”, — says one of the interlocutors . According to him, the simplified procedure allows a magistrate solely on the basis of the application for the recovery of a monetary amount to submit an order without judicial proceedings and calling party to hear their explanations.
“However, if the judge wants the parties to the dispute were present, it takes another crook, consisting of conspiring with the first, who forged a power of attorney represents in court the interests of the defendant. During the meeting, he confirmed that he agrees with these claims, whereupon the magistrate shall issue a decision on recovery of the debt,” he says. According to the source , to obtain the agreement form, details and sample print, the scammers deliberately enter into sham contractual relationships, conduct business correspondence in order to obtain the necessary data. Particularly vulnerable, he said, tour operators, as they can send your contract by e-mail to any company.
The next step — directly theft. The claimant comes to the Bank with the writ of execution, and often leaves — each with a value of less than 500 thousand rubles, which the Bank must comply within one day, if not doubt its authenticity. Then the funds leave the account of a legal entity to fraud, say the bankers. “The Bank is not obliged to notify the client about the withdrawals from his account issued by the courts of writs of execution, but in theory can do it, — said the source . — However, in practice, given a deadline for the withdrawal of funds just one day, there’s just no time.”
“This scheme appeared not yesterday, but recently has become increasingly common,” — says one of the sources .
The scale of the problem
To assess the scale of theft of the interviewed bankers and lawyers found it difficult. Disclosure of such information is fraught for banks with serious reputational damage.
However, the existence of the problem and concerns of its banking market confirmed the Association of regional banks of Russia (ASROS). “A number of banks, including large ones, with whom we contacted, confirmed the existence of the problem of fraud, which is realized through genuine writs. In this case, the number of victims affects not only Bank customers, but also the credit organizations”, — said the first Vice-President of Association of regional banks of Russia (ASROS) Alina Vetrova, without specifying names of banks. When fraud enforcement orders against banks, funds are removed from their Borschyov in the CBA. “The period of one day allotted for the test of the writ, is not enough to anyone,” she says.
In her opinion, the problem is exacerbated by the fact that the courts of General jurisdiction (especially in the regions) do not always produce sufficient analysis sometimes uses a formal approach and accept not worked out solutions. “To trace such fraudulent scheme is quite difficult, as the courts of General jurisdiction there is no possibility operatively to trace information relevant to the disputes,” adds the partner of the legal company “Iontsev, Lyakhovsky and partners” Igor Dubov.
The fact that bankers become victims of such fraud, confirmed by sources in the banking market. In particular, they pointed to the Bank out of the top 50, from the correspondent account of the Bank by the schemes described were in several tranches — each with a value of less than RUB 500 thousand is written off funds of 1.5 million rubles As explained in the Bank, a court in the region at the correspondence meeting, the decision was made in six lawsuits of similar nature without properly notifying the defendant and the attendance of its representative at the meeting. The plaintiff-fraud was, as it turned out, a customer of the Bank was maintained there for several products (credit card, consumer credit, car insurance), told the source .
Can not return to appeal
To recover the funds stolen using the described scheme, companies difficult. Moreover, according to bankers, the cost of this procedure (both by and for lawyers) are comparable to the losses in the case that a write down was one tranche in the amount of less than RUB 500 thousand, and large companies unprofitable. “This is another reason why the Scam as a victim choose large legal persons” — indicates one of the sources.
“In order to challenge the court’s decision, the legal entity must send the lawyer with power of attorney in the regional court, which ruled, he says. Even if the legal entity will be able to prove the absence of contractual relations with the plaintiff and the court’s decision will be cancelled for a refund it is necessary to apply to the court of General jurisdiction with a claim for unjust enrichment of an individual who fraudulently collected money. Thus, the search for the truth takes at least six months. Plus related costs.”
According to the chief of legal management SDM-Bank Alexander Golubev, in the situation production of a valid writ of execution, the Bank helpless to defend his client: he is obliged to execute the court decision, otherwise its actions will be qualified as an administrative offence. The lawyer indicates that, in accordance with article 70 of Federal law No. 229-FZ “About Executive manufacture” in case of reasonable doubt as to the authenticity of the Executive document received directly from the claimant, the Bank is entitled to check the authenticity of the Executive document, or reliability of the information in it to delay its execution for not more than seven days. “However, the situation is complicated by the fact that in the described scheme the problem of the authenticity of the writ, since the fraud is realized in the process of issuing such lists,” — said Golubev.
According to the relevant lawyers, the situation can be corrected only by changing the law.
“In order to avoid this kind of fraudulent scheme, you need to make changes to the Federal law № 229-FZ “On enforcement proceedings”, namely to exclude the possibility of self-presentation by the creditor a writ of execution to the Bank,” suggests Igor Dubov. — Then present the writ to the Bank will be the bailiff, and he at least notify the “debtor” about the beginning of enforcement proceedings. Thus the latter will have the opportunity to learn about the fraud and try to prevent him.”
Alina Vetrova from ACROS also believes that it is necessary to change the law. She offers another version of the amendments: “In the current situation it makes sense to provide banks with the tools to combat outright fraud. In particular, the banking market participants talking about the need to extend the period of execution of court decisions until at least three days.”