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Legislation explanation concerning activity of "financial pyramids".

Legislation explanation concerning activity of "financial pyramids".

 

Increase of activity of people in the financial markets was marked by emergence of a significant amount of the unfair organizations raising money recently.

Such organizations work by the principle of "a financial pyramid". In defiance of obligations the stipulated payments and percent stop paying through certain time. Result of similar activity - causing damage to property interests of a large number of investors which considerable part belongs to category of socially unprotected segments of the population.

So, since 2009 for 2013 in the territory of Chelyabinsk 14 criminal cases on the facts of activity of the organizations with signs of a financial pyramid are revealed and brought.

I will call only some: The female Business Centre, KPKG Interaction, Investkapitalcredit, White cash desk (operated on the territory of Sovetsky district of Chelyabinsk), FG the Capital, Uralprodtorg, Bazisalyans, Chelyafininvest (worked in the Central district of Chelyabinsk) and others.

Organizers of activity of "financial pyramids", violating the law on advertizing (in advance specifying the paid percent and so forth), raised funds of a large number of citizens then stopped fulfilling the obligations and, as a rule, disappeared.

Naturally, the question of initiation of legal proceedings could be raised only after their termination of activity of cooperative as in this case there were specific victims - the citizens who gave on the basis of various contracts the money to the organization.

Complexity of suppression of activity of the financial pyramids registered in the form of cooperatives and consumer societies consists in imperfection of the Law of the Russian Federation "About consumer cooperation in the Russian Federation" as the current law to consumer cooperatives does not assign an obligation for disclosure to shareholders of information on activity of cooperative.

Now the prosecutor's office of the city holds the state charge on two criminal cases on charge of the persons who created such "financial pyramids".

In court of the Central district of Chelyabinsk criminal case on Shabayev V. R. and Zayatdinov V. R. charge is considered.

In total during preliminary investigation by investigators it was brought 383 criminal case (episode) on ch.4 by Art. 159 of the criminal code of Russian Federation – on the facts of plunder of money of citizens, 4 criminal case (episode) according to Art. 174-1 of h. 3 criminal codes of Russian Federation – on the facts of legalization of money, also concerning Zayatdinov V.R.vozbuzhdeno 3 criminal cases (episode) according to p.1 Art. 172 of the criminal code of Russian Federation – illegal bank activity. In total during preliminary investigation it is established that Shabayev V. R. and Zayatdinov V. R. actions caused material damage to citizens for the total amount 108 958 538, 90 rub.

During preliminary investigation it is established that, since September, 2007, the staff of JSC Capital Financial Group carried out reception of money from natural and legal entities under contracts of percentage loans with an interest rate to 60% per annum.

Since May, 2008 money from natural persons according to the indication of the management of JSC Capital Financial Group was accepted, but return of loans and percent on them was not made. The organization of investment, production or other activity did not conduct.

In court of the Central district of Chelyabinsk criminal case on Ryabukhin D. A. charge is also considered., Solomatina A.E., Solomatina G. E., which stole money of investors of KPKG "Fert-Capital".

During preliminary investigation it is established that heads of KPKG "Fert-Capital" performed fictitious accounting operations, fictitious contracts and cash documents, for the purpose of creation of visibility of payments to investors of money were formed.

Unfortunately in the financial market of our city there are unfair players, however it is easy to distinguish signs of "financial pyramids":

- it, as a rule, the organizations operating in the form of consumer cooperatives;

- the organizations work with violation of the advertizing legislation, in advance specifying the sums of the paid percent (as a rule, considerably big, than offer the bank organizations);

- absence of the documents confirming investment and other activity;

- absence of clear and duly elected executive bodies of the organization, absence of full information on the management and activity of the organizations.

Thanks for attention.

 

 

Senior assistant prosecutor

junior adviser of justice E.Yu.Blinovskikh