There are thousands of fraud schemes in different areas of life in the world. Meanwhile, such actions are a crime (Article 159 of the Criminal Code of the Russian Federation). And if a person has become a victim, then you should write a statement to the police regarding fraud; the form can be downloaded below.
At all times, there are people who, under any pretext, lure money from gullible citizens. They are called scammers. An unpleasant situation can happen in the life of any citizen when his human rights are violated and he needs their protection.
Where to file a fraud report and get justice? This is why law enforcement agencies have been created, such as the police, the Department of Economic Crimes and the Investigative Committee.
What is fraud
The Criminal Code defines fraud as the taking of property or rights to it through deception or abuse of trust.
Today, separate punishments for this crime exist in the spheres of banking, business and insurance activities.
In addition, certain articles of the Criminal Code provide for liability for fraud in the field of social benefits and computer technology.
From life, there are enough examples of abuse of trust. For example, an acquaintance borrowed money and does not pay it back.
There are many ways to scam people over the phone and on the Internet. Let’s say a person paid money for a product in an online store, but it didn’t arrive. Many elderly people are robbed of their money by swindlers under the guise of social service workers.
Liability for fraudulent actions is aggravated by the amount of damage, as well as the number of persons involved in the crime.
For example, for deception committed by a group, a completely different punishment is provided. In addition, minor (within 1000 rubles) fraud may result in administrative liability.
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How can a fraud investigation be stopped?
1. Criminal prosecution against a suspect or accused is terminated on the following grounds:
1) non-involvement of the suspect or accused in the commission of a crime;
2) termination of a criminal case on the grounds provided for in paragraphs 1 - 6 of part one of Article 24 of this Code;
3) as a result of the amnesty act;
4) the presence in relation to the suspect or accused of a sentence on the same charge that has entered into legal force or a court ruling or a judge’s decision to terminate the criminal case on the same charge;
5) the presence in relation to the suspect or accused of an unrescinded resolution of the inquiry body, investigator or prosecutor to terminate the criminal case on the same charge or to refuse to initiate a criminal case;
6) refusal of the State Duma of the Federal Assembly of the Russian Federation to give consent to the deprivation of immunity of the President of the Russian Federation who has ceased to exercise his powers, and (or) refusal of the Federation Council to deprive the immunity of this person.
Federal Law No. 323-FZ of July 3, 2021 amended Part 2 of Article 27 of this Code
On the constitutional and legal meaning of the provisions of Part 2 of Article 27 of this Code, see Determination of the Constitutional Court of the Russian Federation of November 5, 2004 N 362-O
2. Termination of criminal prosecution on the grounds specified in paragraphs 3 and 6 of the first part of Article 24, Articles 25, 25.1, 28 and 28.1 of this Code, as well as paragraphs 3 and 6 of the first part of this article, is not allowed if the suspect or accused is against it objects. In this case, the criminal proceedings continue as usual.
3. Criminal prosecution against a person who, at the time of committing the act provided for by criminal law, has not reached the age at which criminal liability begins, is subject to termination on the grounds specified in paragraph 2 of part one of Article 24 of this Code. On the same basis, criminal prosecution is also subject to termination in relation to a minor who, although he has reached the age at which criminal liability begins, but due to mental retardation not associated with a mental disorder, could not fully understand the actual nature and social danger of his actions (inaction) and manage them at the time of commission of an act provided for by criminal law.
4. In the cases provided for by this article, it is permitted to terminate criminal prosecution against a suspect or accused without terminating the criminal case.
What to do if a person becomes a victim of scammers
Where to write and file a fraud report? When a person encounters scammers, he needs to contact the police department or the police at his place of residence and report the crime.
Before writing it, it is recommended to study the relevant articles of the Criminal Code of the Russian Federation or seek the help of a criminal lawyer. This must be done in order not to make a mistake in accusing the alleged criminal.
In addition, all evidence of misconduct should be collected.
It can be:
- money transfer receipts;
- receipts and contracts;
- screenshots of correspondence on social networks and email.
If the victim has become a victim of scammers on the Internet, then savvy users can take screenshots from the relevant pages.
After the preparatory work has been done, it’s time to file a statement with the police regarding fraud from an individual or legal entity. It should be submitted to the department at your place of residence in person or sent by mail.
When an organization applies to the Internal Affairs Directorate, the application is signed by the director.
Next, you need to be prepared to talk with the investigator or interrogating officer and give evidence directly in the office. According to the law, an appeal to the police about fraud is considered within 3 days, the maximum period is from 10 to 30 days (Article 114 of the Code of Criminal Procedure of the Russian Federation).
Application to initiate a criminal case for fraud
To the Department of Internal Affairs in the Timiryazevsky district from K. born on May 14, 2020, living at the address: Moscow, st. S..., no. 12, apt. 62 telephone: ... passport ..., issued by the Yuzhnoye Butovo Branch of the Federal Migration Service of Russia for Moscow in the South-Western Administrative District on May 15, 2008
Application to initiate a criminal case
I ask you to bring to criminal liability under Article 159 of the Criminal Code of the Russian Federation (fraud) citizens A., registered at Moscow, st. Kh..., house 5, apt. 12 and T., registered at Moscow, st. L., 9 k. 1, apt. 52 (lives at Khimki, German Titov St.). These persons, speaking on behalf of the non-existent Law Firm "Yu." (actual address: Moscow, Dmitrovskoe shosse, 25, building 1, office 6) committed fraudulent actions against me and my wife Sh., consisting of the following: A. and T. under the guise of a non-existent permit, as It turned out that the legal problems lured me out of money for bribes and “resolving” issues in law enforcement agencies, the court and the bailiff service.
These persons enriched themselves at our expense through fraudulent means, invaded our trust and took money, according to them, for expenses on our legal issue. As it turned out later, they did not provide us with legal services, and the funds were obtained illegally.
By deception, T. and A. received 1,785,200 rubles from me. This amount is a major loss for me and my family.
Application:
1. Explanations along with attached documents.
______________________/TO./ . ..20__
On liability for knowingly false denunciation under Art. 306, 308 of the Criminal Code of the Russian Federation warned.
______________________/TO./ . ..20__
EXPLANATION
I ask you to bring to criminal liability under Article 159 of the Criminal Code of the Russian Federation (fraud) citizens A., registered at Moscow, st. Kh..., house 5, apt. 12 and T., registered at Moscow, st. L., 9 k. 1, apt. 52 (lives at Khimki, German Titov St.).
These persons, acting on behalf of the non-existent Law Firm "Legal Help" (actual address: Moscow, Dmitrovskoye Shosse, 25, building 1, office 6) committed fraudulent actions against me and my wife Sh., consisting of the following : A. and T., under the guise of resolving a non-existent, as it turned out later, legal problem, lured me out of money for bribes and “resolving” issues in law enforcement agencies, the court and the bailiff service. These persons enriched themselves at our expense through fraudulent means, invaded our trust and took money, according to them, for expenses on our legal issue. As it turned out later, they did not provide us with legal services, and the funds were obtained illegally.
By deception, T. and A. received 1,785,200 rubles from me. This amount is a major loss for me and my family.
We contacted the Law Firm "Yu." due to the fact that we needed to resolve the issue of an encumbrance on the apartment, which was preventing the transaction for the sale of shares in the apartment located at Moscow, district T., proezd K., no...., apt. 72.
The apartment belongs in equal shares to B. (mother), Sh. (eldest daughter) and S. (younger daughter). There were fears that S.'s share was seized in connection with the debt on a loan from Sovcombank. As it turned out later (02/08/20__) from an independently taken extract from the Unified State Register of Real Estate, there was no encumbrance on the apartment, and the seizure was imposed not on the share in the apartment, but on S’s vehicle.
However, at that time, fearing that there was an encumbrance on the apartment, due to which it was impossible to carry out the transaction, we sought legal help to solve this problem from the Law Firm “Yu.” YUK "Yu." does not exist as a legal entity; in fact, individual entrepreneur A.A. operates under this guise. We have never had contact with this person, never met or called each other, in the “Yu.” office. we were met by A.V. and T.V., acting on the basis of a power of attorney from A.
On January 25, 20__, an agreement was concluded between us and the specified organization to provide legal assistance in drawing up a contract for the sale and purchase of a share in an apartment, registration of the agreement, market valuation of the apartment (share) and extract. At the same time, a fee of 47,000 (forty-seven thousand) rubles was paid. On January 27, 20__, a second agreement was concluded to provide legal assistance in conducting litigation on the issue of collecting loan debt from S., minimizing loan debt by concluding a settlement agreement, terminating the trial, removing interim measures from residential premises, drawing up and registering an agreement purchase and sale of shares of residential premises. The amount of the second agreement was 20__00 (two hundred thousand) rubles. On January 28, 20__, the third and final agreement was concluded with “Yu.” for the provision of services for the preparation and registration of a contract for the sale and purchase of a share in a residential premises, approval of a settlement agreement, payment of duties and postage in the amount of 44,000 (forty-four thousand) rubles. A. personally signed contracts and receipts for receipt of funds.
After signing the second agreement, T., together with B. and Sh., went to the MFC to submit the agreement for registration. While B. and Sh. were in the hall of the MFC, T. with the documents walked away in an unknown direction. After some time, he returned and said that the apartment had been seized (which in fact was not the case), and the employees did not accept documents for processing.
During one of the meetings, A. assured us that on February 14, 20__, at the meeting, a decision was to be made to remove the encumbrance from the apartment, after which we would immediately be able to formalize the purchase and sale transaction. At the same meeting, she stated that there was a circumstance that was an obstacle to our goal and provided us with an application for criminal prosecution of S. from Sh., which threatened a new encumbrance on the apartment. A. assured us that she would not allow a new seizure of the apartment and would resolve this issue with the help of her connections in law enforcement and judicial authorities, asking for another sum of money to resolve this issue. She also mentioned a certain N., who, following the example of Sh., was planning to file an application against S. and promised that he would be “excluded from the process for a month.”
As I understand, there was no statement from Sh. at all, nor did it have anything to do with the apartment. However, this circumstance was still used by A. and T. in order to receive funds to “resolve” issues in the prosecutor’s office.
When, on February 8, having received information from Rosreestr about the absence of any encumbrances on the apartment, Sh. turned to A. with this information, A. replied that Rosreestr contained incorrect data and the arrest was actually present. After the above-mentioned exposure of fraud and lies, A. disappeared with all the money she received; attempts to contact her did not produce any results: she did not answer calls or messages. T., getting in touch, told us that A. was sick, and he did all the further “work” himself. T. asked when A. got in touch (which never happened) not to tell her that he was involved in our case, since he resolved issues “through his own channels” in the bailiff service, the police and the court.
Throughout the entire period of our interaction, both A. and T. lied about their connections in court, the prosecutor’s office, the bailiff service and Sovcombank in order to lure additional amounts of money from us to “resolve issues” for a successful outcome of the case, under the decision issues were understood to be the transfer of bribes. I personally always transferred funds against a receipt, despite the fact that other amounts were specified in the contracts.
In addition, A. promised to conclude a settlement agreement with Sovcombank regarding the removal of the arrest from the apartment in order to complete the transaction. There was no arrest, and for what purpose A. and T. took the payment is clear - for their own enrichment. Thus, citizens A. and T. demanded a sum of money in the amount of 1,535,200 (one million five hundred thirty-five thousand two hundred) rubles according to receipts, as well as a sum of money in the amount of 250,000 (two hundred fifty thousand) to pay for their services and additional expenses. rubles without receipts.
Both individuals ingratiated themselves by showing their interest in resolving the problem successfully for the clients. Moreover, we were issued a letter of guarantee, which indicated that Law Firm "Yu." guarantees the proper execution of the contract for the provision of legal services and the result of the case in favor of the customer.
03/12/20__ Sh. submitted an application to the Law Firm "Yu." with a requirement to provide a report on the work done, an explanation of the reasons why the promised actions were not carried out, as well as copies of documents on the imposition of interim measures on the apartment (to which A. referred, claiming that the apartment was under an encumbrance).
As we found out later, citizen A. has outstanding debts from enforcement proceedings in the amount of 62 cases. According to the database of enforcement proceedings, the total amount of debt is more than 10 million rubles. In addition, there is evidence that Abramova systematically provided legal services improperly (case No.... Ostankino District Court of Moscow, case No.... Savelovsky District Court of Moscow, case No.... Tverskoy District Court of Moscow and many, many others). She repeatedly violated labor laws in relation to her employees: she did not pay for work, forced her employees to work overtime, insulted them, did not respect subordination (case No.... Preobrazhensky District Court of Moscow and others). Also, judging by the bank of enforcement proceedings, citizen A. has an impressive debt to the tax office.
All this information indicates that A. and T. systematically mislead citizens by fraudulently obtaining their funds.
In connection with the above, I ask you to initiate a criminal case and charge A. and T. with committing fraudulent actions under Article 159 of the Criminal Code of the Russian Federation.
Applications (in copies):
- Agreements between the legal entity "Yu." and Sh. from 01/25/20__, from 01/27/20__ and from 01/28/20__, respectively;
- Power of attorney from Sh. to K.;
- Receipts (signed by A.) dated 02/20/20__ for the amount of 40,000 rubles, dated 01/27/20__ for the amount of 150,000 rubles, dated 01/27/20__ for the amount of 50,000 rubles, dated 01/28/20__ for the amount of 47,000 rubles, from 02/03/20__ in the amount of 45,000 rubles, from 02/04/20__ in the amount of 255,000 rubles, from 02/05/20__ in the amount of 28,000 rubles, from 02/06/20__ in the amount of 30,000 rubles, from 02/07/20__ in the amount from 02/14/20__ in the amount of 150,000 rubles, from 02/15/20__ in the amount of 50,000 rubles, from 02/17/20__ in the amount of 100,000 rubles, from 02/18/20__ in the amount of 50,000 rubles, from 02/19/20__ in the amount of 100 000 rubles, from 01/31/20__ in the amount of 33,000 rubles, from 01/29/20__ in the amount of 44,000 rubles, from 01/29/20__ in the amount of 20__0 rubles;
- Extract from the Unified State Register of Real Estate on the main characteristics of the property for an apartment located at the address: Moscow, district T., proezd K., no...., apt. 72;
- Letter of guarantee from the Law Firm "Yu." from 02/04/20__;
- Information about enforcement proceedings against A.;
- Power of attorney from individual entrepreneur A.A. on A., T.;
- Sh.’s application to the Law Firm “Yu.” dated 03/12/20__ with the requirement to provide a report on the work done, etc.;
- Court decisions in cases: No.... Ostankino District Court of the city of Moscow, No.... Savelovsky District Court of the city of Moscow, No.... Tverskoy District Court of the city of Moscow, No.... Preobrazhensky District Court of the city of Moscow.
04/21/20__ ____________/ K./
How to correctly write a statement to the police about the fraudulent actions of an attacker
As such, this document does not have a strictly defined form. Therefore, a statement from the investigative committee about fraud, a sample of which is given below, may be useful.
So, the report of a crime to the Department of Internal Affairs for fraud should begin with the indication of the police department and the details of the applicant.
After this there is a request to bring the guilty person to justice under the relevant article of the criminal code.
Next, in your own words, you should write the circumstances under which the crime occurred, and also indicate the amount of damage caused.
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The application should be accompanied by evidence of the offense committed (copies of checks, receipts). The police will base their investigation on them. At the end of the application, you must remember to put the date and your personal signature with the initials deciphered.
