Legal news and practices in Russia29.09.2016 Identification of fictitious contracts and documents for the importation of goods from Kazakhstan, criminal cases under Art. 193.1 of the Criminal Code
The contracts are fictitious, but the time terms of imprisonment are real
From five to ten years of imprisonment awaits the director of a company from the city of Yekaterinburg, which has entered into fictitious trade deals with the aim of withdrawing money abroad
Immediately, two criminal cases were initiated against the director of one of the Yekaterinburg firms, OOO Yu, a Russian citizen born in 1980, for violating the requirements of the current Russian currency legislation.
Criminal cases were initiated by the Yekaterinburg customs as a result of joint operational search activities of customs officers and economic security units of the Ministry of Internal Affairs of Russia on the grounds of crimes specified by article 193.1 of the Criminal Code of the Russian Federation “Performing currency operations for transferring funds in foreign currency or currency of the Russian Federation to non-resident accounts using fraudulent documents."
In the first case, the head of LLC “U” submitted to the bank a forged agreement allegedly with a Kazakhstan company on the delivery of goods “tool kits” for a total amount of 100 million rubles. Under this contract, 24.78 million rubles were transferred to the account of the supplier company. The products, however, were not delivered.
Apparently, having decided that the scam was a success, they decided to repeat it. The same director of LLC “U” submitted to the bank one more forged contract already with another Kazakhstan firm for the same amount - 100 million rubles. And transferred to its account 75.75 million rubles. The situation repeated - no money, no goods.
After a request from the customs authority to confirm the legality of the completed trade transactions, as well as during inspections, it turned out that the documents submitted by non-residents (Kazakhstan partners) have different readings with documents from authorized banks. In addition, the information contained in the commodity-transport documents of a non-resident about persons and vehicles is not reliable, i.e. does not confirm the fact of the importation of goods into Russian territory and contains signs of fictitiousness. The goods in the address of LLC “U” in the amount of money transferred are not delivered.
According to the results of the investigation, Yekaterinburg customs initiated against the director of LLC “U” criminal proceedings in accordance with paragraph 2 (a) of article 193.1 of the Criminal Code of the Russian Federation on the fact of conducting of currency operations in large amount and under paragraph (a) of clause 3 of article 193.1 of the Criminal Code of the Russian Federation on the fact of conducting currency operations in particularly large amount involving the transfer of funds in the currency of the Russian Federation to the accounts of foreign organizations with the submission to credit organizations that have the authority of the currency control agent, documents related to such transactions and containing knowingly inaccurate information about the reasons, goals and purposes of the transfer.
The sanction under paragraph “a” of Part 2 of Article 193.1 of the Criminal Code of the Russian Federation provides for punishment of imprisonment for up to five years with a fine of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years or without it. Illegal acts classified under paragraph “a” of Part 3 of Article 193.1 of the Criminal Code of the Russian Federation are punishable by imprisonment for a term of five to ten years with a fine of the same amount or without it.
Press Service of the Ural Customs Administration, tks.ru, 29 September 2016 |