Forensic is an independent economic investigation


According to official data published on the Ministry of Internal Affairs of Russia website almost 34% of crimes fall on economic business realm. Only 50% among them are committed by business owners. The other 50% are distributed as follows:  40% accrue to top-management and 10% to other persons.

Business owners mostly deal with illegal acts inside the company.

Forensic objective:
1. To collect an evidence base
2. To assess caused damage
3. To identify and analyze potentially queer transactions.

Chief task:
The chief task of our professionals involves not just to convey the investigation in order to reveal an offense, but to achieve definitive results, i.e. to develop and implement sets of measures (methods and procedures) that allow to prevent financial and reputational losses

The key lines of the independent economic investigation involve:
1. Tax evasion, not executing obligations as a tax agent
2. Violation of copyrights, allied and intellectual rights by competitors
3. Bribery and business espionage
4. Illegal turnover of settlement funds
5. Internal revelation of fraud and appropriation schemes
6. Search for assets in Russia and abroad, including guarantee for their return

Full economic insights of a certain business process and financial structuring make it possible to protect it against financial crimes. Our professionals have an absolute and undeniable advantage as far as they are trained in two fields of education: economic and legal.
 

 Background:

The Directive of the General Prosecutor Office No. 387-11, of the Ministry of Internal Affairs of Russia No. 2 dated 11.09.2013 Concerning the implementation of articles of the Criminal Code of the Russian Federation used for preparation of statistical reporting (see as revised on 24.04.2014):
 
1. Absolute financial crimes (regardless of additional conditions):
Art. 145.1, 146, 147, 159.4, 169-174, 176, 178-191, 192-204, 238, 285.1,
285.2, 285.3, 287, 289, 290, 291, 304, 327.1; Part 2 Art. 243, Part 3 Art. 243.2, Part  2 Art. 243.3, Part 1 Art. 292.1; also Cl. «в» Part 2 Art. 127.1, Cl. «в» Part 2 Art. 127.2, Cl. «в» Part 2 Art. 215.2 of the Criminal Code of the Russian Federation
2. Conditional financial crimes (require additional conditions to recognize an economic focus):
Art. 138.1, 158, 159-159.3, 159.5, 159.6,160, 163, 164, 165, 167, 168, 175, 177,
191.1, 210, 215.1, 215.3, 218, 220, 221,226, 226.1, 228.2, 229, 229.1, 233, 235,
242, 242.1, 246-262, 272, 273, 274, 285,286, 288, 292, 293, 303, 315, 316, 322.1-
322.3, 325, 327, 330, 358; Part 3 Art. 127.1, Part 3 Art. 127.2, Part 4 Art. 234, Part 1 Art. 243, Part 1 Art.
309, Part 1 and Part 2 Art. 312; Part 1, Cl. «а» Part 2 and Part 3 Art. 215.2, Cl. «б» Part 4 Art. 228.1, Cl. «б» Part 2 Art.
228.4, Cl. «а» Part 2 Art. 241; Part 3 Art. 138 (if the case is initiated before 08.12.2011), 173
(before 09.04.2010), Part 5 Art. 228 (not later than 11.05.2004), Cl. «б» Part 3 Art. 228.1 of the Criminal Code of the Russian Federation (if
the case is initiated not earlier than 01.01.2013)

At the present date a crime qualified as a conditional financial crime has an economic focus under the following conditions:
1. If the crime was committed by an official or a materially liable
person or another person executing organizational/management or administrative functions regardless of the form of ownership or
legal structure, as well as by other persons who had access to financial assets or inventories of the company by virtue of their
activities or duties
(incl. by virtue of their obligations to protect property).
2.  In cases where a guilty person and their actions had no mentioned characteristics,
but the crime was committed while executing operational or financial activities (or under its pretence):
a) when charging fraud (for example, pyramid schemes);
b) in relation to legal entities or individuals executing business activities;
c) the crime was revealed when executing bookkeeping transaction audits on the part of supervisory agencies.

Chief executive of tax and administration practices Vladlena Varshavskaya, Senior Partner  

 info@vip-adv.com

  +7 812 339 229 8