Example of a fraud claim
We will not give the formal part of the appeal to law enforcement agencies. This will not cause any difficulties for the applicant. Let us note that it is now possible to inform law enforcement officers about a crime through official websites. They are equipped with a form that contains lines for entering personal information.
Example statement body:
“I ask that a person who introduced himself as Sergei Petrovich Ivanov, who fraudulently stole 1,000,000 rubles from me on March 12, 2018, be brought to criminal responsibility. The amount is a significant loss for me.
No need to write about fraud. Let law enforcement officers and the court deal with the qualification of the act.
The specified man came to the office of my company, located at Sevastopol, st. Bolshaya Morskaya, 12, apt. 53 under the guise of a business partner. He introduced himself as the director of Dandelion LLC, which owns office space at the address: Feodosia, st. Lenina, 35. To confirm ownership, provided the following documents:
- Passport in the name of Sergei Petrovich Ivanov, original.
- Charter of Dandelion LLC, copy.
- A copy of the founders’ power of attorney to carry out the transaction for the sale of office space located at the above address. On behalf of the founders, the power of attorney was signed by Ivan Vladlenovich Morozov.
Hint: the data must be provided accurately. Otherwise, the suspect will have the opportunity to accuse the citizen of slander and write a corresponding statement.
The man offered me to buy office space. I am an individual entrepreneur. I am engaged in organizing tourist excursions within the Republic of Crimea. To develop the business, I need to expand representation in the cities of the Republic. I negotiated the purchase of premises in Feodosia with I.V. Morozov. at the end of 2020. The deal did not take place due to the departure of I.V. Morozov. abroad for the purpose of receiving urgent medical services.
Ivanov S.P. in a conversation he informed me that he had instructions from I.V. Morozov. to complete a transaction. He offered to draw up a purchase and sale agreement for the premises and contribute 1,000,000 rubles. deposit I demanded the original power of attorney.
Ivanov S.P. promised to hand over the required document at the notary's office when signing the contract. At the same time, he referred to the presence of other buyers. In order not to miss out on a profitable property, you need to give him a deposit. And all the formalities Ivanov S.P. offered to register on 03/14/18 at a notary’s office.
Attention: even if it is directly clear that we are talking about fraud, you should not provide such a definition in the text.
Believing the man, I gave him the required amount of 1,000,000 rubles, since I personally know the founder of Dandelion LLC and know about his desire to sell the premises. But at the appointed hour (03/14/18) Ivanov S.P. did not show up at the appointed place. Didn't answer calls. Find Ivanov S.P. I tried daily using the contact number provided by him personally: +79787896754. The phone was switched off.
On March 20, 2018, I.V. Morozov, who arrived from the clinic, contacted me. He started talking about selling the office located at the above address in the city of Feodosia. About the existence of Ivanov S.P. Morozov I.V. I didn’t know, I didn’t give instructions to such a person.
Hint: in the application it is advisable to tell how the deception was revealed. This will make it possible to define the act within the framework of the Criminal Code of the Russian Federation.
Confirm my transfer of funds to S.P. Ivanov. in the amount of 1 million rubles. my employees can: Sergeeva K.V., Perepenkina N.A. They were present during the transaction in person.
Hint: you need to indicate only those people who will cooperate with the investigation after filing an application.
Damage in the amount of 1 million rubles. is significant for me and my family. My wife and I are raising two minor children. Our wife's mother is our dependent, taking care of her grandchildren. The wife receives a salary of 10,000 rubles. My monthly income as an entrepreneur is 80,000 rubles.”
The description of the situation should be completed with a standard phrase about understanding responsibility for false testimony. After that the date of compilation is indicated. Next to it are initials, surname and signature.
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).
Can they refuse?
If the circumstances described in the submitted application are qualified as an administrative offense, the police may refuse to initiate a case. In this case, if the defendant is identified and evidence of guilt is collected, the victim can apply to the court to protect his rights and interests.
Russian legislation does not provide for any restrictions on the number of applications, i.e., you can simultaneously file a complaint with all law enforcement agencies.
Those applications that contain information that does not correspond to reality are also subject to refusal to initiate a criminal case.
Liability for perjury
Filing an application with false accusations of fraud is qualified under Art. 306 of the Criminal Code of the Russian Federation as a false denunciation.
Since such an act carries a high social danger, creates an additional burden on law enforcement agencies and violates the rights and interests of the accused citizens, the punishment for it may be associated with imprisonment:
- up to 2 years if the crime was committed for the first time without aggravating circumstances;
- up to 6 years, if the false denunciation was accompanied by the artificial creation of evidence.
In this regard, lawyers advise carefully checking your suspicions before initiating a criminal case.
Penalties for giving false information are provided for in Article 306 of the Criminal Code of the Russian Federation.
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.
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.
How to Apply Online
If it is not possible to personally bring a statement to the police station, it can be sent via the World Wide Web. This feature was introduced quite recently, but has already received positive reviews. To send a document, you can use one of two methods:
- Through State Services. Such an application cannot be submitted anonymously. You must register on the portal. Here you need to find the “Security and Law Enforcement” tab and select “all services”. Here you will see a link “Accepting statements and reports of offenses and other crimes.” By clicking on it, the application form will open in front of you. After filling it out, just click on “Submit”.
- Through the website of the Ministry of Internal Affairs . Go to the official website of the Ministry of Internal Affairs and register on it. Find the inscription “Accepting requests”. To ensure that your application is considered as quickly as possible, make sure that this department of the Ministry of Internal Affairs belongs to your region. Fill out the application and click “Send message”
Contacting other structures
If the party suspected of fraud is an organization or individual entrepreneur, the victim can write a statement to the court. According to Russian legislation, such claims are not subject to state duty.
In cases where illegal actions were committed via the Internet, you need to contact the “K” Department of the Ministry of Internal Affairs to protect your rights.
An appeal to the prosecutor's office regarding fraudulent actions will be effective only if the police refused to accept the application or did not carry out the necessary work to establish all the circumstances of the case, or in the case where a supervisory audit of the activities of an organization or individual entrepreneur is necessary. In all other situations, the application addressed to the prosecutor will be forwarded to the police department.
Types of punishment for the guilty
Fraud, qualified by Part 1 of Article 159 of the Criminal Code of the Russian Federation, is punishable by a fine of up to 120,000 rubles. or imprisonment for up to 2 years. A crime committed by a group of persons falls under Part 2 of Art. 159 of the Criminal Code of the Russian Federation, which provides for punishment in the form of a fine of up to 300,000 rubles. or imprisonment for up to 5 years. A similar punishment is imposed on someone who, by deception, stole funds from the victim in the amount of 5,000 rubles or more.
If one's official position was used for fraudulent purposes or the crime resulted in major damage, the court will be guided by Part 3 of Art. 159 of the Criminal Code of the Russian Federation and impose a penalty in the form of a fine from 100,000 to 500,000 rubles. or imprisonment for up to 6 years.
Fraud committed by a group of persons or resulting in damage on an especially large scale is punishable by up to 10 years in prison (Part 4 of Article 159 of the Criminal Code of the Russian Federation).
Parts 5-7 art. 159 of the Criminal Code of the Russian Federation are devoted to fraud in the economic sphere and are used to qualify such acts as failure to fulfill obligations under contracts or agreements. The parties to such proceedings are legal entities. Punishment here ranges from a fine (from 100,000 rubles) to imprisonment for up to 10 years.
Article providing for fraud
Art. is devoted to fraud. 159 of the Criminal Code of the Russian Federation, the notes to which describe the criteria used to qualify illegal actions of appropriating someone else’s property.
The main signs of fraud are:
- providing false information about events, an individual, his intentions or actions;
- fraudulent acquisition of property for temporary use and its non-return, refusal to transfer funds for services received or goods purchased;
- refusal to fulfill debt obligations under a loan agreement, written or oral agreement related to finance or property;
- misappropriation of other people's funds.
Punishments for fraud are given in Article 159 of the Criminal Code of the Russian Federation.
In addition, the legislative framework in this area is formed by:
- Federal Law No. 162-FZ dated December 8, 2003;
- Federal Law No. 377-FZ dated December 27, 2009;
- Federal Law No. 207-FZ dated November 29, 2012.
Previously, illiterate people, old people and minor children often became victims of such crimes. However, the practice of the last decade suggests that fraud today is most common in business and business, that is, educated people with high incomes become victims.
○ Where and how is it going?
The application is submitted to law enforcement agencies in a manner convenient for the victim.
✔ To the police.
A police report can be filed by personally contacting and registering. In this case, you need to have your passport with you. The complaint will be registered by the duty officer and accepted for investigation. The letter can also be sent by registered mail, keeping the postal receipt.
Another method that became available relatively recently is submitting an application via the Internet, through the State Services website. To do this, you just need to go to your personal account on the website (if you don’t have one, go through a simple registration procedure) and select the “Submit an application electronically” function. Next, fill in all the specified fields, not forgetting to describe in detail the essence of the request and click on the button to receive the service.
The undoubted advantage of this method is accessibility (you can submit an application without leaving your home), anonymity and speed. But if you submit an application in person, you have a guarantee of its acceptance, and here you need to rely only on the good faith of the recipient of the application.
✔ To the prosecutor's office.
You should contact this authority if you are absolutely sure that the criminal act committed is fraudulent in nature, and you want to initiate a check of the documentation of the alleged criminal. The appeal can also be sent by mail or via the Internet, or submitted in person. If you choose the online submission method, you must also use the State Services website.
