Long waited for: police opened a case against "loan brokers"
Financial "consultants" who promised chronic debtors help in obtaining a loan from a bank have been brought to justice in St. Petersburg. They took substantial sums for their "services" and informed the client that the bank had allegedly refused. There are thousands of citizens deceived by this scheme all over the country, but criminal liability is usually prevented by competently drafted contracts with clients. In St. Petersburg, one of the first trials against a group of such fraudsters has begun. And the very document on the transaction the investigation considers the instrument of the crime. Details - in the material "Izvestia".
Brokers from the alley
St. Petersburg police incriminated several episodes of fraud alleged organizer of the structure, put on a stream of deception of borrowed citizens. Victims gave cash to "consultants" in the hope of getting another loan, but in the end were deprived of the last funds to repay existing debts. Dozens of executors and several legal entities were involved in the scheme.
According to the investigation, the accomplices realized that they could not influence the bank's decision to approve loans, but they convinced the clients that they had such opportunities and verbally guaranteed a loan in one of the banks. In addition, they signed contracts with clients on behalf of Alfa Plus, Otkritie Finance, and Sodeistvie.
The amount of the promised loan depended on the commission, which was taken by the "consultants". The case involves amounts of damage from 20 thousand to 150 thousand rubles. According to Izvestia's source, Kazan resident Egor G. Earlier users complained about another organization associated with this man. The firm, registered in Tatarstan, conducted similar activities in St. Petersburg and remotely in other cities.
- In fact, he is one of the authors and beneficiaries of a semi-criminal franchise; they found a gap in the legislation and for a long time deceived people with impunity. Now there is a whole network of this kind of "credit brokerage agencies", - explained "Izvestia" source in law enforcement agencies.
Complained for five years
As "Izvestia" found out, the scheme of deception was designed for borrowed citizens with low financial literacy. People, in particular, were lured by the promise on favorable terms to get another loan to close the existing ones. "Consultant", as reported by the fraudsters, was to receive only a few thousand rubles plus a percentage of the borrowed funds - after approval of the loan. But in the course of the questionnaire, victims were informed about unforeseen expenses. Many were caught on the elementary ignorance of their rights and algorithms of work of the service of public services. "Consultants", for example, took tens of thousands of rubles for certificates from the Bureau of Credit Histories. In reality, this service in some services is provided to citizens for a much smaller amount or free of charge. Also, "consultants" reported that it would take at least a month to collect the documents on their own.
The company "Assistance" put the receipt of certificates from the Bureau of Credit Histories for Br27 thousand on the flow. The employees called themselves credit brokers, and the firm - the financial committee.
"They also position themselves as credit brokers who guarantee a loan, allegedly they have connections in banks. This sharashkina office is located at the address: ul. Inzhenernaya, 6a. My wife their representative was noodling on the ears that <...> they will 100% help to take a loan. My wife, unfortunately, believed it and paid them 27,300 rubles. She received only a credit report, as well as one application to [the bank], where, naturally, she was rejected, " wrote the spouse of one of the victims on social media in December 2020.
Representatives of the three companies, details of which appear in the contracts, in the register of legal entities indicated as the main type of activity "provision of other personal services, not included in other groupings". "Alpha Plus" and "Assistance" appeared in December 2019 with a difference of a few days. The first office was registered in Yekaterinburg, and the second - in St. Petersburg. "Otkritie" emerged in June 2021. All three companies were excluded from the Unified State Register of Legal Entities due to unreliable information provided. The Kazan companies, with which the figurehead of the investigation is associated, have existed the longest (to this day). It is not excluded that the investigators will be interested in other complaints about this kind of business.
Signs of intent
This kind of business has several signs of illegal, says criminal defense lawyer Tatyana Pashkevich.
-The most probable article under which the participants of the scheme may be prosecuted is fraud (Article 159.1 of the Criminal Code of the Russian Federation "Fraud in the field of lending"), " says the interlocutor of Izvestia.
Fraud is the theft of another's property or acquisition of the right to another's property by deception or breach of trust, Pashkevich reminds.
- In this case, the OCG deceived citizens, promising assistance in obtaining a loan, knowing that it is impossible because of their credit history. Thus, we can say that the fraudsters abused people's trust, took money and did not fulfill the promises or the terms of the contract.
All grave
For fraud of this kind, given that some victims were defrauded more than five years ago, it is quite difficult to attract due to the statute of limitations. Another thing is if the theft is committed as part of an organized criminal group and criminal community. Such a violation of criminal law is considered grave or especially grave. If the investigation proves the stability and cohesion of the group, hierarchy, distribution of roles and the presence of a mercenary purpose (enrichment), then Article 210 of the Criminal Code of the Russian Federation, which establishes liability for organizing a criminal association or participation in it, may be applied, says the lawyer.
- This is a very serious article, which provides for long terms of imprisonment. Usually a preventive measure in the form of remand in custody is chosen for such cases.
A number of factors may indicate criminal intent in this situation, says Tatiana Pashkevich.
- First, the lack of real intention to provide a favor. The group initially did not plan to help people get loans. Their goal was to get money through promises, which they could not realize, i.e. fraudulently. Secondly, it is deceit and breach of trust. They misled customers about the possibility of getting a loan, knowing about their bad credit history.
Another factor is causing material damage.
- Citizens lost money without receiving in return what they were promised. Depending on the qualification of the crime, the perpetrators may face up to 10 years of imprisonment. If participation in OPS is proven, the terms can be even longer.
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