The main provisions of the method of investigation of financial crimes

[Eugen]

The main provisions of the method of investigation of financial crimes.

Investigation of financial crimes begins with the initiation of criminal cases on various grounds.

When using checks, stocks, payment plastic cards and credit memos for criminal purposes, such grounds may be evidence that these documents received by the bank and plastic cards to the places of payment for them are false. In case of non-repayment of the loan and malicious evasion of its repayment, the basis is information (bank materials) on the exhaustion by him of all available at his disposal means of influence on the debtor in the presence of signs of a crime under the criminal law in the behavior of the debtor. In the case of illegal entrepreneurship and banking, the grounds are the data indicating the unlicensed activities of commercial firms or banks, and data on the infliction by the indicated structures of large material damage to citizens or other business entities. If financial crimes are committed by organized crime groups, then the information of the inquiry agency most often appears as the source material for initiating a criminal case.

The sources of primary information that serves as the basis for initiating these criminal cases are usually materials from the legalization of the operational investigative work of the bodies of the Ministry of Internal Affairs, the FSB, the tax police, customs authorities and their respective pre-investigation checks, as well as data from prosecutorial audits, materials from audits and audits, and press data , statements by citizens, etc. Accordingly, at the beginning of an investigation a number of the most common typical investigative situations usually arise. Their content is largely determined by the source, type and amount of information received, the nature and intensity of interference in obtaining priority information, the degree of possible use of the surprise factor in the investigation. The most common and most common include a number of typical situations:

• 1) a message was received from financial organizations containing signs of the commission of criminal acts that entailed significant material damage. The intruder is known or unknown. The surprise factor most often cannot be used, because the offender is either informed of the direction of the materials to the investigation, or the time elapsed after this does not allow working in hot pursuit. This situation is actually typical of most financial crimes;

• 2) materials were received from the inquiry bodies on the results of operational-search actions containing data on the facts of the criminal activity of individuals that could be legalized through a process. Using the surprise factor at the beginning of an investigation is possible and often necessary for the successful resolution of a crime. For example, possible: detention red-handed; investigative and operational actions in hot pursuit to identify the money of criminals, which may be addressed to the investigation; prompt and investigative actions ensuring the receipt of all necessary documentation, etc .;

• 3) the situation is the same as the second, but the materials received from the operative-search actions indicate the possible commission of this crime by members of a specific organized crime group, the criminal activity of which the operational-search authorities did not have information about;

• 4) the offender or criminals were caught red-handed at the time the crime was committed or immediately after it.

The greatest difficulty for the investigation is represented by situations related to the activities of organized crime groups, when the person who committed the crime is unknown, and also when a significant amount of time has passed since the commission of the crime

In the investigation of financial crimes, the establishment of effective interaction of investigators with the operational-search authorities within the framework of the investigative-operational group (established for investigation) or in the form of the execution of individual investigative orders is of great importance for the success of criminal procedural activity. This interaction is especially important when the crime is committed by an organized crime group. In such a case, the receipt of materials by the investigating authorities is usually preceded by the collection of relevant materials on the activities of the indicated group by the inquiry body. At the same time, at the stage of such collection of materials, it is necessary that the inquiry bodies carrying out operational investigative measures interact with the relevant services of other law enforcement agencies that have the necessary information and use the data of the state registration authorities. Such bodies may also have the information necessary for the investigation, because organized groups actively operate with tangible assets, invest these funds in movable and immovable property, which is then mortgaged, sold, transferred, etc. It is advisable for inquiry bodies to interact not only with related units of other law enforcement agencies, but also with bank security services and private detective services, because these services, conducting intelligence work to verify bank customers, accumulate their information material, including information on the activities of organized crime groups in the credit and financial sphere.

When analyzing the materials received from financial organizations, the investigator should pay attention to the following:

and) whether all the necessary documents testifying to the unlawfulness of the act, taking into account the characteristics of each type of crime of this group are presented;

b) whether these documents are genuine or their copies are presented;

in) whether there are explanations of bank employees in the materials confirming the facts of the offense.

It is advisable for the investigator to have a general reference with a description of specific facts indicating the persons who have information about them with their coordinates (telephones, addresses). At this stage, it is necessary, carefully with the participation of specialists, to collect regulatory material governing the investigated sphere of financial activity.

At the same time, investigators already at the stage of analysis of the primary information received should pay attention to whether there are signs of organized criminal activity committed by an organized group. Those in the indicated case may be: careful thoughtfulness and very high professionalism of its implementation; the impossibility of its implementation by one person without the existence and action of an organized structure; the nature of the direction of the criminal action (associated with the receipt of large sums of money); information about the likely relationship between commercial, state and banking institutions within the framework of a criminal action; ingenious sophisticated and quick ways to implement criminally obtained money and material values; pressure on the investigator is already on the degree of study of primary materials in order to induce him to refuse to institute criminal proceedings, etc.

If there are reliable signs of a particular type of financial crime in the received primary materials, and especially committed organized crime groups, it is advisable to initiate a criminal case and start an investigation. An investigation may be launched with a red-handed capture operation. But in any case, all the actions of the investigator after the initiation of a criminal case at all stages of his investigation should be carefully planned. In such cases, this requirement is of particular importance.

Source financial crime investigation techniques

Everyone taught forensics, but this book Forensic science - theoretical and methodological foundations of forensic science, all scientific and practical aspects of forensic technology with a more modern approach to the study of forensics than Belkin RS True book by Belkin R.S. better in the wake.

PS Time does not stand still, perhaps there are books with a more modern approach to the study of forensics, but I found this one.

 

[Краев Евгений Леонидович]

Thanks, interesting!

 

[Плотников Юрий Михайлович]

Thank!

 

[private detective in Tbilisi]

interesting

 

[Арсен]

Thanks, Eugene!