Part 1
Introduction
In the modern world, high technologies are mastered not only by people who want to achieve something useful, more for themselves and others, making our environment more comfortable, more harmonious, but also those who are deliberately engaged in destruction, making people unhappy. In this article I will describe a real story at the intersection of crime and high technology, greed and stupidity. For many entrepreneurs, this story can be useful and important. I hope that the information provided will help many not to become a victim of scammers and swindlers in an ever-increasing technological world.
Swan, Cancer and Pike
Usually, in a team of founders engaged in their own business, conflicts often arise due to different worldviews, issues of managing a company or a group of companies, and sometimes simply because of the usual greed, stupidity and envy. And when the contradictions accumulate to the limit, one of the parties begins to take the path of crime. Taking into account the trend of the growing digitalization of our country of pervasive technological progress and, in particular, the widespread rejection of paper media, such as: Certificate of ownership of apartments or other real document for movable and immovable property. And just like other documents of title, a criminal element is emerging in this environment.
One ordinary Russian holding had three founders - Lebed, Rak and Shchuka. One of them - Lebed managed production and logistics, the other two founders - Cancer and Pike, as usual, were passive observers of the active, professional actions of their companion. The pandemic introduced additional risks to this team: a lack of liquidity, problems with the tax authorities, strict requirements for already launched business processes, which led to the growth of a previously smoldering conflict, which turned out to be based on envy, greed and stupidity.
Blitzkrieg of swindlers
When the conflict became unsolvable within the framework of common sense and legal logic between the partners, Rak and Shchuka turned to a law firm dealing with conflict situations. Considering that, unfortunately, there are companies in the legal environment that ignore the laws of the Russian Federation and the rules of business decency for banknotes, fraudulent lawyers recommended to Rak and Shchuka a "swindler's roadmap" with the following content:
- Considering that Lebed was the General Director and organizer of all business processes in the Holding, the fraudulent lawyers suggested that he be removed from his post.
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There are a number of scenarios, how it is possible to track a high-tech scam with your own enterprise, in addition to operational surveillance equipment, which are available to the security forces. When there is no agreement in the partners, and jointly acquired property worth hundreds of millions of rubles is at stake, in this case, the steps of the conspirators can be effectively controlled through the extract of the Unified State Register of Legal Entities. By the way, thanks to the same high technologies, this procedure is currently absolutely free for all shareholders of enterprises and can be observed online on the Nalog.ru website in a personal electronic account.
If the General Director, in the extract from the Unified State Register of Legal Entities of your enterprise, found a new director with an unpretentious surname: Ivanov, Petrov, Lipa, then your first actions should be as follows:
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When you understand where the wind is blowing from and who is involved in it, it is advisable for you to take a few quick steps. It is desirable that these actions should be carried out in parallel to each other, to stop the situation.
Roadmap of the CEO in the event of a raider takeover:
- You must fill out a statement about the event that happened - the appearance of a "Varangian" in the form of an uninvited director in the extract from the Unified State Register of Legal Entities of your enterprise and notify all banks working with your enterprise about it.
- Just in case, it is necessary to reset all EDS for the General Director for their further operational re-issue. Later you will find out why it is necessary to do this now, because scammers will use all technologies to get to liquid assets in the first place.
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- It is not worth looking for a "decider" at the top of state bodies, as this is a very costly and counterproductive measure. The mountains promise, they won't do anything. All cases are quickly disclosed, as they say on the ground.
In most cases, the situation develops in such a way that fraudulent lawyers with well-built men have already come to your head office. At the same time, having assembled a perplexed team, they will read you a fake protocol, according to which a new director, legalized already through the Federal Tax Service Inspectorate with forged documents, takes the place of the General Director. Do not lose your composure, behave correctly and legally competently, because from this moment the bill will be charged - who will make more mistakes and legal mistakes ...
Part 3 The
agony of doubt
Having listened to the advice of professional lawyers, General Director Lebed decided to put into practice the roadmap against raider seizure and began operational actions. After all, his so-called "partners" refused to come to the notary to draw up the minutes of the meeting of shareholders on the event identified by Lebed. Each of the shareholders - Cancer and Pike, in response to Lebed's call from the notary's office, came up with his own "true" story of force majeure. And why, at the appointed hour, each of them will not be able to come to the meeting of the notary, where the Swan, who still believes in the miracle, awaited them to no avail. Until the last moment, the General Director cherished the hope that his colleagues were not the organizers and participants of the scam with the dummy director of the Holding. After all, it was not easy for the General Director of the Holding to erase in his memory a decade and a half of joint work,his sincere belief in the presumption of innocence did not allow him to put the final “i” in this situation so quickly.
Preventive measures
The first thing Lebed did was to visit the nearest branches of partner banks, where his Holding was serviced and wrote a statement to the Bank Security Service about an attempt to raider his enterprise. He described in detail what he knew at that time and asked to strengthen control of all payments by banks that were made on his behalf using his EDS. After all, it usually happens that a company has several banks-operators, flash drives with EDS for the efficiency of payments are located in the financial block of the Holding's accounting department. And it is in these critical places that the first point that fraudsters can use for their operations may be located.
Then Lebed decided to promptly revise all EDS issued at that time in his name, placed in the form of special encrypted codes on flash drives, comparing this list of EDS with the data in his personal electronic account. There were visible and terminated EDS, and the current, and newly issued EDS. Suddenly his gaze rested on the "fresh" issued EDS on him, but not yet used either in financial transactions or in other transactions. Moreover, this EDS was issued, judging by the cursory information from the media, by some scandalous authorized center, let's call it "REGRESS". Sweat broke through and a powerful explosion of indignation instantly burst out of the Russian soul in the form of a specific exclamation ... well, you get the idea!
The next item on the General Director's roadmap is the Federal Tax Service Inspectorate with a statement that the information entered into the Holding's Unified State Register of Legal Entities on incomprehensible grounds is unreliable. Lebed came to the Inspectorate of the Federal Tax Service to submit an application, where, in the window for Legal Entities, a polite and attentive woman, having read the statement fluently, invited Lebed to go to the office inside the IFTS for a survey. There Lebed was met by an investigator who, on duty, deals with similar cases. Having questioned the General Director according to the protocol and having written down his sincere thoughts, having entered the position of a person whom rivals want to throw out of the enterprise, he said in secret: - Your colleagues have written a cart for you, I can tell you nothing more. In these moments in the head of Lebed, everything finally came together, it is like delaying death, because a huge amount is at stake, including his share ...
After consulting with his lawyers, Lebed wrote a statement to the police, where he stated his point of view on the facts, indicating the potential participants and organizers of the raider takeover of the Holding. All data was structured and supported at that time by the existing documents: protocols with fake signatures of all meeting participants, to cover up the traces of intruders, the illegitimate charter of the enterprise, on the basis of which the director has the right to dismiss the General Director, that is, Lebed, an extract from the Unified State Register of Legal Entities with the new director , a copy of the application to the IFTS, and to banks. This is very important when initiating Criminal Case No. ... Without sufficient evidence and the size of potential losses, the case may not be opened, even with the lawlessness described above, such are the harsh everyday life of entrepreneurs.
In parallel with the execution of the Criminal Case, the lawyers promptly formed a package of documents on behalf of the General Director of the Holding to submit it to the Arbitration Court. The purpose of the Arbitration is to withdraw an inaccurate entry in the Unified State Register of Legal Entities of the Holding, which can be canceled only on the basis of a decision of the Court. By the way, this step - filing documents with the Court and law enforcement agencies - was indicated a couple of weeks later in a letter from the Federal Tax Service Inspectorate addressed to the General Director of the Holding - Lebed. The appeal to the Inspectorate of the Federal Tax Service froze the situation around the Holding for a while, but in words the publicans said that they were forbidden to get involved in corporate conflicts. By the way, the copies of the forged documents of the Holding, certified by the Inspectorate of the Federal Tax Service, which came to them, namely: the minutes of the general meeting and the new charter of the Holding, the IFTS refused to give, stating,that these documents will be issued only by decision of law enforcement agencies or on the basis of a court decision. Nevertheless, the Inspectorate of the Federal Tax Service issued the usual photocopies of the requested documents of the Holding in the hands of General Director Lebed.
Scammers do not sleep
Around the same time, a secretary-lawyer arrived at the Inspectorate of the Federal Tax Service, to which the Holding was attached, with a power of attorney from the new, fictitious director of the Holding to receive a copy of the Holding's Charter registered in the new edition, minutes of the general meeting with the marks of the Federal Tax Service, as well as copies of the TIN Certificates and OGRN. In fact, the fraudulent lawyers and their accomplices, the shareholders at that moment had everything in their hands: a roadmap of the swindlers, documents for manipulating bank accounts, with movable and immovable property of the Holding, a fake legal flash drive with the General Director's EDS, perhaps there was no inspiration ...
Experts lead the investigation
On the basis of the invoice provided to the law enforcement agencies, the State's investigative machine, although not so quickly, started working. On the basis of operational information in the databases, the first participants in the raider takeover were identified, and of course the new director. Let's call it conditionally in honor of the brilliant novel "The Golden Calf", written by Ilf and Petrov - Pound. Our Pound left its distinct mark on the extract from the Unified State Register of Legal Entities with a place of registration and a mobile phone, not the fact that with the correct one. It was now a matter of technology and high technology to bring him to the first interrogation. As we understand GLONASS navigation and an intelligent video surveillance system in the city did their job and at 7 o'clock in the morning at the entrance of a rented apartment, Mr. Pound was received and escorted for questioning to the investigator.
From the first interrogation, it became clear which of the shareholders hired Pound in the Holding, and which law firm was involved in supporting the process and drafting documents for the change of director. And after an hour and a half of interrogation, the chief lawyer who accompanied the whole process rode up to the investigator's office, breathless. He argued that due to the detention of his ward, Pound, they were breaking up some kind of trial, where this Pound should participate as a witness. To which the investigator reasonably remarked: - If your ward participates in such a process, then this is even good, a relapse is more valuable in the Criminal Code of the Russian Federation. Then the lawyer was issued a summons to appear in this case three days later for questioning. The overly excited lawyer somehow went limp and became quiet in the investigator's chair ...
Part 4
How long can a string not twist ...
After calling most of the participants in the raider takeover of the Holding identified by the investigation, enough facts and events were revealed to understand the essence of what was happening. The crime puzzle began to take shape as follows. To resolve the issue of a qualified majority at the shareholders' meeting, fraudulent lawyers and shareholders Rak and Shchuka forged all signatures on the minutes of the general meeting of shareholders. From these protocols it followed that the attackers first introduced and approved a proposal to amend the charter and the types of permitted activities of the Holding. And the subsequent protocol introduced an additional director Pound with expanded powers. Since all actions were carried out in a hurry and without looking back at the Civil Code of the Russian Federation and the Criminal Code of the Russian Federation with elements of crime, with close attention the investigator revealed the following:
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- A forged civil passport of the General Director of the Lebed Holding was used, where everything was falsified: the passport form itself, the photograph and signature of an individual, the signature and seal of the head of the passport office, some security elements of this important document.
-When swindlers received the EDS of Lebed, a fake insurance certificate of the General Director of the old model was also used;
- A fake agreement with a false signature of Lebed for the provision of a service for issuing an EDS was also used, and not in the city of Moscow, but somewhere in Tatarstan;
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Further actions were as follows - it was necessary to interrogate the director of the center for issuing digital signature "REGRESS", who after the call of the investigator abruptly went into the mud, hiding somewhere in the suburbs for a while. When, nevertheless, people from the Investigative Committee came to the EDS center, they saw an office measuring 3 by 6 meters with folders turned upside down in the bustle, without any signs of life. In addition, the "REGRESS" center owes the enterprise-lessor of this office an amount equivalent to 6 months of renting this room.
Shareholders Rak and Shchuka did not appear to the investigator's summons, informing that they were ill with diseases that did not allow them to be surrounded by healthy people. In connection with the formal regulations, 30 days for investigation and 10 days for extending investigative actions and in order not to multiply the growth of unsolved cases, and not to spoil the statistics - the criminal case on raider seizure was refused (realities of life).
Nevertheless, the materials in the investigation file were quite enough to present it as a weighty argument for the Arbitration Court. Indeed, at present, in any such instance, in order for the process to proceed, it is necessary to collect the so-called critical mass of documented facts.
The judge of the Arbitration Court appreciated the material provided, for one "but" - the case file was missing, just the very minutes of the meetings, where all the signatures of the participants were falsified and which the IFTS was obliged to hand over, only by the decision of the Court or at the request of law enforcement agencies ... The court cannot make such a decision, because for such a step it needs a minimum - the conclusion of a handwriting examination of a certified organization on the falsification of signatures, and some of the shareholders are feigned ill and are pulling rubber. However, for such situations, there are options and lawyers, having made a request to the court, received permission to conduct a preliminary handwriting examination of one of the participants in the process, in the person of General Director Lebed, based on the available copies of the minutes in the case file.
Two weeks later, with the results of a handwriting examination and new research materials on the legal aspects of the arbitration case, the process by the Director General was won in court. The decision of the Arbitration Court came into force a month later. The record about the new director of the Pound and his powers by a court decision with the wording - about inaccuracy of information, was removed from the Unified State Register of Legal Entities in the part of the Holding, and the new charter registered on the basis of forged documents was canceled.
Two months later, the criminal case on the fact of the raider seizure of the Holding was returned for further investigation after repeated appeals to the Prosecutor's Office on the basis of the relevant statements of lawyers, according to the jurisdiction of the department dealing with this type of fraud ...
May 27, 2021