COUNTERACTION TO ILLEGAL ACTIVITIES OF ORGANIZATIONS WITH SIGNS OF A FINANCIAL PYRAMID: PROBLEMS OF INVESTIGATION

This article discusses current trends in the illegal activities of organizations with signs of a financial pyramid, identifies their basic causes (insufficient financial literacy of the population and not quite effective control and supervisory activities to prevent the work of such organizations, especially those operating on the Internet), which negatively affect the process of investigating crimes of the category in question. The conclusion is made about the negative impact of the use of digital technologies in the activities of such organizations on the process of identifying the organizers of criminal activity and proving their guilt. The remote method of attracting funds from depositors, including through the use of digital currencies, significantly complicates the work of the investigator. The problems arising during the investigation of criminal cases on crimes committed by organizations with signs of a financial pyramid during the initial inquiry are analyzed; establishing the intent of the managers and employees of such organizations to steal the funds of depositors; proving the illegal activities of financial pyramids committed as part of an organized group or criminal community; use of the institution of a pre-trial cooperation agreement ; conducting forensic economic examinations, including the calculation of the amount of material damage. The article uses examples of investigative practice to illustrate problematic situations that arise during the investigation process, and also describes good practices. On the basis of the study, practical recommendations are formulated aimed at improving the effectiveness of the investigation of crimes in this category and its completion within a reasonable time. Particular attention is paid to: tactical recommendations for establishing a register of depositors and organizing work with victims; building an optimal model of interaction between an investigator and an expert in the appointment and production of accounting and financial and economic expertise; tactical features of work with persons who wished to conclude a pre-trial cooperation agreement, as well as preventive work of the investigator to establish the circumstances conducive to the commission of a crime and take measures to eliminate them.

financial pyramid, crime investigation, fraud, credit and consumer cooperative, investigator, forensic examination, investigation practice, Bank of Russia, cryptocurrency, digitalization, financial market, register of depositors

Lapin V. O. Counteraction to illegal activities of organizations with signs of a financial pyramid: problems of investigation. Business. Education. Law, 2022, no. 1, pp. 223—229. DOI: 10.25683/VOLBI.2022.58.153.