When criminals are intellectuals and people of high social status, territory is the whole world, and the price is millions, before the judges a difficult task. Unravel the network, to cooperate with other countries and… do not exceed own authority.
The military did not guilty
«Our training is structured so that judges immediately perform tasks and learn to think. We provide not only theoretical basis, and solve problems. Features of the judicial review of criminal proceedings concerning the legalization (laundering) of proceeds from crime», explained Maryna Samofal the moderator of the training.
The future fighters with economic crimes have set the task. It was established that the head of the military state institution and officials of the two military units entered into a preliminary collusion with the directors of LLC «Etol» and LLC«Agent», during the pre-trial investigation. At a fictitious agreement on providing consulting services, LLC «Etol» paid to LLC «Agent»2 million UAH. Director of LLC «Agent» has transferred money to accounts of sham enterprises «Agro», «Sigma» and «Vesta» also in the amount of 2 million UAH., and LLC «Etol» has transferred 3,6 million UAH to «Agro».
Also, officials of the company were withdrawing cash amounts of up to 300 thousand UAH every 3 days. As a result of such actions, more than 20 million legalized. A part was received by a law firm in London, from which the daughter of the director of LLC «Etol» received a grant because of the best research of commercial law. For this money, she bought an apartment in London.
The judges were asked to classify the situation according to the articles of the Criminal Code and determine which of the individuals and for what they are punished. The participants of the training were divided into 3 groups, each of which worked separately, but the results were almost identical. All groups classified the crime according to Part 3 of Article 209 (financial operations with illegally acquired money), Part 2 Article 28 (committing a crime by a group of persons by prior agreement) and Part 2 of Article 205 of the Criminal Code («Sham entrepreneurship»). Sham companies will be liable.
But the military, as it turned out, come out dry from the water. They did not pay to sham companies and there is no evidence that money got into the web of legalization from them. «The fact of collusion is not a basis for liability, if it is not known exactly what the conspiracy was, and what was goal of it », — said Svitlana Yakovlyeva the Judge of the Supreme Court.
«How is this military part has no liability? » indignantly exclaimed one of the participants.
«I don’t know if I understood correctly, but in our country those officers would be brought to justice. We attract everyone who is involved in laundering. In general, when dealing with such a case, it is difficult to determine who is to blame specifically. But we would have attracted the military if only because they did not prevent the violation of the law in the UK, everybody answered for the creation of such a scheme. We can even punish not for the crime, but for collusion. Sometimes the fact of collusion is more serious than a crime », commented on the situation Shina Ramandeep Kaur, Expert of the Council of Europe, Head of Law of the University of Edinburgh.
The legalization of proceeds from crime belongs to the category of so-called white collars crimes that is the villains are persons with high social status, people of mental labor. For such crimes, terms are also used «corporative crime», « office offences ».
Shina Ramandeep Kaur took part in a £ 178 million, which the prosecutor’s office investigated for years. Corruptionists have created a number of sham companies throughout Europe, and then these companies declared themselves bankrupt. They could not prove fraud, but proved that laundering occurred.
Such crimes do not remain within the same country. Therefore, for their investigation requires international cooperation.
Mutual legal assistance is the method of cooperation between states to hold a person accountable for a criminal offense. For such situation, an international request is usually used. At the stage of judicial investigation, the request is made by the Ministry of Justice, at stage of pre-trial investigation is made by the Prosecutor General’s Office. If agreements between countries on such cooperation are not available, then the request is transmitted through diplomats.
The evidence obtained as a result of the response can only be used for the purposes specified in the request. And before you make a request, you should make sure, that the crime that is being investigated in the country whose representatives are being addressed also considered a criminal offense.
As provided for in Article 59 of the Criminal Code is a chance to return laundered money. Although relatively white collars applies special confiscation of property, provided for in Article 81 of the Code of Criminal Procedure. In this special confiscation cannot be applied to property that is owned by a bona fide purchaser.
If a person dies, who committed both an action and legalization, but National Anti-Corruption Bureau of Ukraine investigated that this person committed a crime, and then the funds are still subject to special confiscation», said Natalya Akhtyrsʹka.
The actions of the accomplices of LLC «Agent» and LLC «Etol» should be qualified according to Part 3 of Article 27, Part 3 of Article 28 and Part 2 of Article 205 of the Criminal Code on the basis of sham entrepreneurship or acquisition of business enterprises for cover of illegal activities, which caused damage to the State, in collusion. And also in accordance with Part 3 of Article 209, the Director of the LLC «Etol» must serve 10 years and pay a 4000 UAH of fine, the Director of LLC«Agent» must serve 9 years and pay a 4000 UAH of fine. In both should confiscate property. This is the correct answer to the task, which decided the future Judges.