“Kommersant” found out about the money laundering scheme through the bailiff – Interfax

Moscow. 3 Feb. INTERFAX.RU – IN Russia, have spread a new scheme of money laundering, which is difficult to combat because it is protected by law, and the operations are carried out with collection of bogus debt service of court bailiffs, said Friday the newspaper “Kommersant” referring to participants of the banking market.

According to the newspaper, the scheme is that two legal entities – resident and non-resident of Russia – agree on debt recovery through the arbitration courts or through a settlement agreement. Plaintiff, a nonresident required to repay the debt, and the defendant, the resident agrees to it. The courts in these cases almost always take a decision on recovery of money from the account of the debtor and issued a writ of execution.

With this sheet, the non-resident on a legal basis drawn in the FSSP to start enforcement proceedings. After this funds from the Bank account of the debtor are written off at the expense of service and transferred to the creditor’s account in a foreign Bank. “Thus, the legalization of funds goes through government agencies – the Federal bailiff service”, – said “Kommersant”.

according to the publication, the press service of the Central Bank of the Russian Federation, with the help of this scheme in 2016 from Russia managed to withdraw more than 16 billion rubles, which is more than 10% of all identified suspicious transactions in a year. The Central Bank is not yet able to solve this problem, since the scheme is on all sides protected by the law and all its participants, including the courts and employees of the Federal bailiff service, acting within their competence, without breaking the law.

the sources in the Central Bank noted that the problem lies in the fact that the courts had no power to review the essence of the transactions between the creditor and the debtor as well as the reality of the activities of these companies. In the course of inspections usually turns out that the address of the debtor does not exist, or it operates, not comparable in scale with the size of the debt. “However, the courts have neither the desire nor the ability to verify the legitimacy of debt collection and to compare the volumes of the collection scale of the activities of the debtor, – says “Kommersant”.

the Supreme court declined to comment on the participation of courts in the circuit and in the Federal bailiff service said that the service has no authority to assess court decisions, but only fulfills them.

according to the newspaper, the Bank of Russia plans to recommend to banks to qualify such transactions as suspicious and to be more attention to all actions of that customer.

“Kommersant” reminds that the new scheme is largely similar to the so-called “Moldovan” the legalization of incomes, which from Russia in 2010-2013 managed to bring more than $ 20 billion.