How to prove fraud without a receipt, and is it necessary to do so?

What is fraud?

Fraud refers to the deliberate unlawful actions of a person aimed at taking possession of someone else’s property through deception or abuse of trust.

Fraud

It is important to understand that to qualify this offense, it is important to have an initial intent to illegally seize property or funds. For example, they call you and say that your bank card has been blocked, and to unblock it you need to provide your PIN code. Having received the PIN code, the attacker will withdraw all your money from the card. In this case, the criminal had no intention of helping you. Moreover, he deceived you in order to obtain unlawful benefits for himself.

And consider another case when a person took an advance for the supply of goods, but did not deliver the goods. At the same time, he does not answer calls, and has generally disappeared somewhere. In this case, there may not be any fraud. It’s one thing if the supplier didn’t have any goods, and he didn’t intend to supply them. And he showed a fake catalogue, fake business documents, etc. And it’s a completely different matter if the supplier is a legal business entity who lost, drank, or lost the money paid to him. In this case, he will only bear civil liability for failure to fulfill contractual obligations. There is no corpus delicti here.

How to prevent money from being withdrawn from a bank card: preventive measures

Responsibility for the safety of funds on a plastic card, first of all, lies with its owner. In order to avoid fraudulent activities regarding the cardholder’s money, we recommend several rules for preventive purposes:

1. You cannot transfer your card and PIN code to third parties.
2. You cannot send card data via email or other means of telecommunications.
3. If trading operations are carried out via the Internet, it is necessary to confirm any actions, for example, by receiving a special secret code via SMS.
4. The PIN code must be entered while hiding the numbers from unauthorized persons.
5. Under no circumstances should you store your PIN code together with the card, much less on the plastic media itself.
6. When withdrawing cash from an ATM, you should pay attention to the presence of an electronic reading device - a skimmer.
7. It is not recommended to make online purchases through a computer located in a room with a large flow of customers, for example, in an Internet cafe.
8. You should not skimp on the SMS alert service, which can be used to prevent any unauthorized actions.

Types of fraud

Fraud can be either an administrative offense or a crime. It all depends on the size of the loss caused.

Fraud is:

• An administrative offense - if the amount of illegally obtained funds does not exceed 1,000 rubles
• It is a criminal offense if the amount of illegally obtained funds exceeds 1,000 rubles.

Both administrative and criminal liability for fraud is brought only by the court, which is accepted:

1. Resolution - in administrative matters.
2. Sentence – in criminal cases.

Where to file a report regarding fraud?

1. Submission to the police department. You can submit your application directly to the duty department. Or you can call officers to the scene of the crime, this is especially important if an on-site inspection is required or testimony from witnesses is needed.
2. Communication by telephone or verbally. You can also report a crime orally. In this case, the operational officer will draw up a statement based on your words on the protocol form.
3. Electronic application submission. In addition, you can submit an application using the official website of the Ministry of Internal Affairs of the Russian Federation. To do this, you need to fill out the form in the “reception of requests” section, and select “Ministry of Internal Affairs of the Russian Federation” as the addressee.
4. Sending an application by mail or courier service. It is also possible to submit an application by sending it by post.

What is a receipt?

A receipt is a written document confirming the fact of transfer and receipt of money or material assets, as well as the grounds for such actions. A receipt is written in the case of oral agreements, and confirms that the parties to such an oral agreement have fulfilled their obligations.

The receipt may not be notarized. To protect yourself, when transferring and receiving money, you can invite witnesses who will also write on the receipt that they were present during the transfer and receipt of money, and also know why the money was transferred.

Audio and video evidence

An effective way to prove that money has been transferred to a fraudster is to record a conversation with him in which he admits receiving it. The conversation may be about the fact that he borrowed a certain amount of money, but has not yet returned it.

It is important to make a number of preparations before creating such an audio recording:

• Before the conversation, state the date and time of the call.
• Record phone numbers, both incoming and outgoing.
• Indicate the names and addresses of phone owners.

The recording must be of high quality so that everything that is said can be heard. In the conversation you need to talk about the amount of the debt and the purpose of its transfer, the date of transfer and voice the requirement to repay the debt within the specified period.

After the conversation, you need to record its duration and the exact end time. You will also have to draw up a protocol with a transcript of the conversation and an additional description of the details of communication with the debtor.

If you managed to meet the borrower in person, you should ask someone to film your conversation with a hidden camera. This will be additional powerful evidence in court.

How to prove fraud with written confirmation of the debt?

Any receipt does not work in favor of the fraudster. Therefore, they try in every possible way to avoid its registration. And if they do write, they try to very figuratively present the facts in support of which it is written. The mere fact of receiving money can be proven with almost any receipt. But this is only the basis for a civil lawsuit in court. To prove fraud, you must prove the debtor's original intent not to repay the debt. To do this, you need to insist that the receipt indicate the intended purpose of the loan.

Receipt

I don't think anyone lends money to everyone they meet. Any credit of trust is based on awareness of the borrower’s financial situation and the purpose of receiving money. So, it is unlikely that anyone will borrow a large amount to go to a gambling establishment or invest in an investment project with high risks. Therefore, any fraudster comes up with a legend for the lender, creating a positive image of the borrower. Although in reality, such a person probably defrauded many people.

So a fraudster can claim that he is the owner of factories, newspapers, ships, and he needs money to develop his business. If this is reflected in the receipt as the purpose of obtaining a loan, proof that the fraudster does not have a thriving business and expensive property will be real evidence of fraud. Because if the lender had known about this earlier, he would not have issued the loan.

Another way is to prove the groundlessness of failure to fulfill one’s obligations. For example, a borrower has an expensive car, house, cottage, iPhone, etc., but he has not been able to pay back $500 for several months. Moreover, the borrower does not have any enormous debts. He just doesn't want to pay. In this case, it is also possible to hold the debtor liable. You can prove the financial condition of the borrower by sending information requests to the holder of the relevant real estate and land registers.

What can and should be done before filing a lawsuit

Before going to court, you can use other defense options. In many cases, this will be more effective than waiting for the dispute to be resolved. Even if pre-trial settlement of the dispute does not bring results, it will help:

• collect evidence to go to court (for example, such evidence could be correspondence with a bank);
• resolve some controversial issues out of court (for example, the bank may agree to recalculate, unblock an account or refinance a loan at a reduced rate);
• show the court the good faith of the plaintiff, who tried to resolve the issue peacefully (for example, this will be important when collecting compensation for moral damage).

Is it possible to sue immediately after a violation is discovered? It depends on the subject of the dispute and the nature of the violations. For example, if the bank committed a violation of consumer rights, it is necessary to follow the claim procedure for resolving the dispute. Some violations require filing a complaint with the Financial Ombudsman. Therefore, we recommend that you consult with our lawyers before suing, for example, Sberbank or any other credit institution.

What if the receipt was related to the execution of the transaction?

When making oral transactions, receipts are often issued confirming receipt of money for a product or service. The most common fraud in such cases is denial of receipt of funds.

Again, in order to be able to punish the fraudster, you need to oblige your partners to indicate in the receipt the purpose of the funds received. Otherwise, the fraudster can say that this is a loan, return the money and demand the property back. Or that this money relates to a completely different transaction altogether.

But the law in this case is on the side of bona fide counterparties. A receipt is recognized as adequate confirmation of receipt of money even in those transactions where the law prohibits cash payments. For example, between legal entities.

How to sue a bank?

Let's move directly to the topic of the article and look at how to sue a bank. To ensure that your documents are not returned and a positive decision is made, you need to determine in advance:

• subject of the dispute, list and price of claims:
• jurisdiction and jurisdiction to consider the dispute;
• the proper defendant or several defendants, a circle of other interested parties;
• a list of evidence needed to consider the case.

Here is an example of one item from the list. You need to file a lawsuit not against the bank employee who deceived you, but against the credit institution itself that provides the services. It is the bank that is responsible for all its employees and is obliged to compensate for the damage caused by their actions. Therefore, if the manager made a mistake and illegally debited money from your account, the bank will be the proper defendant in the lawsuit.

Ways to file a claim

The applicant can submit documents to the court independently or through a representative. A notarized power of attorney must be issued for the representative. You can file a claim with attachments:

• directly to the court office;
• by mail;
• through the “My Arbitrator” system (to arbitration courts);
• through court websites or the State Automated System “Justice” system (to magistrates’ and district courts).

How to sue a bank online? To do this, you need an electronic digital signature or a confirmed government services account (ESIA). They are used to identify the applicant’s identity on all online services. Claims cannot be filed directly through government services.

Jurisdiction

If the rules of jurisdiction are violated, the claim will be returned to you without consideration. Here are the basic rules of jurisdiction:

• economic disputes involving organizations and individual entrepreneurs are considered only through arbitration;
• bankruptcy applications are also submitted exclusively to arbitration;
• magistrates can consider cases with a claim price of up to 100 thousand rubles, if we are talking about the protection of consumer rights;
• cases of issuing a court order;
• other property (monetary) disputes are considered by magistrates with a claim value of up to 50 thousand rubles;
• cases that do not fall within the jurisdiction of magistrates will be heard by the district court.

Let's give an example. If you demand a refund from the bank in the amount of 20-30 thousand rubles, then the application must be submitted to the justices of the peace. If we are talking about a non-property dispute or the collection of an amount of more than 100 thousand rubles, the case will be considered by the district court.

It is equally important to determine which court to send the documents to. If there is a violation of consumer rights regarding banking services, the plaintiff can file a claim at his place of residence. This is more convenient, since you don’t have to spend time and money on travel or business trips for a lawyer.

For other disputes, claims are filed at the location of the defendant. But if a dispute arises from the activities of a branch, you can go to court at their address. For example, if you file a claim for a VTB or Alfa Bank loan, you can contact the judicial authority at the branch registration address.

The situation is more complicated with banks that operate online. For example, Tinkoff Bank has only a head office in Moscow, and almost all services are provided through online services. If the case concerns violation of consumer rights, submit documents at your place of residence. For other disputes, you will have to file a claim with the judicial authorities of Moscow, at the address of Tinkoff's head office.

What can you claim in a claim?

It depends on the subject and essence of the dispute, on the nature of the requirements. Claims against the bank may include:

• collection of funds (for example, in case of illegal debiting from a card);
• recovery of compensation for moral damage (for example, in case of unlawful actions during collection);
• collection of expenses associated with going to court (for example, legal fees, fees);
• cancellation of illegal decisions (for example, when refusing to provide a credit holiday);
• forcing certain actions (for example, transferring information to a credit history bureau);
• termination or modification of the contract (for example, in case of illegal connection to the collective insurance program).

Basic requirements must be specified immediately when filing a claim. They can be changed and supplemented during the process. This can be done by the plaintiff himself or his representative by proxy.

Form and content of a statement of claim to the court against the bank

The laws do not provide examples of applications and complaints to court. In the Civil Procedure Code of the Russian Federation or the Arbitration Procedure Code of the Russian Federation one can find only the basic requirements for the form and content of documents. If you do not know how to write a statement, entrust it to lawyers. Errors in the preparation of documents can lead to their abandonment and refusal to initiate a case.

Standard samples of applications to judicial authorities can be found and downloaded on our website. Be sure to indicate in the text of the claim:

• name of the judicial authority;
• information about the plaintiff and defendant, other interested parties;
• the cost of the claim, its calculation;
• description of the essence of the obligations between the parties;
• description of the essence of the violation with reference to evidence;
• justification of the plaintiff’s legal position with references to regulations;
• list of claims;
• list of applications;
• date, signature of the applicant or his representative.

Sample claim for consumer protection

If the bank sues you, you can send a counterclaim. In this case, the main and counterclaims will be considered within the same case. You can find out how to write a statement in this situation from our lawyers.

It is better to immediately indicate a detailed legal position so that the court studies it before considering the case on the merits. In some cases, you can refer to judicial practice in similar cases if it is confirmed by the Supreme Court of the Russian Federation.

How much does it cost to sue a bank?

If you file a claim against Sberbank or another credit institution for violations of consumer rights, you do not need to pay a fee. In other cases, the amount of the fee depends on the amount of the claims. The fees for applying to magistrates' and district courts can be found in Art. 333.19 of the Tax Code of the Russian Federation. For non-property disputes, the fee is 300 rubles. (for citizens) or 6000 rub. (for organizations). If the case is successfully completed, the fee can be recovered from the losing party.

Do you need a lawyer to conduct business?

A lawyer is needed not only to draw up a claim and submit it to the judicial authorities. All types of disputes require professional legal support. In litigation, your representative will be able to:

• submit applications, petitions, evidence, requests;
• speak at meetings, give explanations, ask questions to other participants in the case;
• get acquainted with the case materials and make copies of them;
• change the amount of claims, enter into a settlement agreement.

The exact list of powers of the lawyer is indicated in the power of attorney. Please note that any bank has its own legal service, which will most likely send a representative to the legal process. Without legal support, you are unlikely to be able to substantiate your position, respond to the defendant’s objections, or correctly interpret the evidence.

The judge accepted the claim: what next?

Before filing a claim, a copy must be sent to the defendant. Include proof of mailing with your court filing (usually a certified mail receipt). If the claim and other documents comply with the requirements of the law, the judge initiates a civil case. The parties are sent a ruling and an agenda with the date of the meeting.

If you cannot personally participate in the process, submit a written request to this effect, asking that the case be considered in the absence of the plaintiff. The duration of a civil case in magistrates' courts is up to 1 month, and in district courts - up to 2 months. In practice, deadlines may be extended, especially if the parties request an adjournment or other requests are made.

What to do if a receipt was not issued when completing the transaction?

In the absence of documentary evidence of the transaction, the fraudster will deny receiving money or material assets in principle. Therefore, there is only one way to prove fraud without a receipt - to confirm that the fraudster received the money.

Oral deal

This is not easy to do, but it is possible. To do this, you should contact the police to report fraud. Police officers will be required to check the facts stated in the application and interview the fraudster. And then everything depends on what he says. If he admits to receiving money, he is unlikely to be suspected of fraud and will most likely be refused to initiate a criminal case. But the waiver material will be adequate written evidence for a civil case to recover the debt.

And if he categorically denies receiving funds, all that remains is to trace the path of the illegally appropriated money. It is clear that a small amount of money cannot be traced. But with a big one it’s much easier. Surely the scammer used the funds received to purchase something valuable, such as a car, real estate, travel, etc. Most likely, he told you about this. Therefore, as soon as you learn from the investigator that the fraudster does not admit to receiving money, you should ask the investigator to check the recent acquisitions of the fraudster and his close relatives.

Although the police themselves must decide what investigative actions to take, the case must be kept under personal control. Then there is a chance for success. Such cases have a low clearance rate, so investigators do not use their resources to the fullest. But the applicant’s initiative, supported by complaints to higher authorities, significantly speeds up the work of the investigative authorities.

If you transferred money in front of witnesses, interviewing them will also help establish the fact of receipt of money and the fraudster’s deception.

Where to go for help against fraud?

Criminal proceedings are based on the collection of evidence from law enforcement agencies. Therefore, if you encounter dishonest actions on the part of other entities, be sure to report this in writing.

You can report fraud:

1. To the police. In order to prove a crime and establish the identity of the criminal, you should contact the police. Employees will help you create an identikit of the attacker and check the database to see if the fraudster has been involved in other cases.
2. To the prosecutor's office. In some cases, it is appropriate to contact the prosecutor’s office directly, bypassing the police. Law enforcement officers will help prove fraud on an especially large scale.
3. To court. If the identity of the fraudster is already known and you have collected enough evidence, the most rational thing to do is to go to court. To do this, you need to draw up a statement of claim, attaching the collected documents to it.

How to prove fraud on the Internet?

Internet fraud is especially popular. The scammer does not personally see or meet his victim. It is clear that no one issues receipts in this format. But in this situation it is much easier to prove fraud than in other cases.

It's very easy to cheat on the Internet. Anyone can create a website, fill it with any content, including high-quality fake photographs confirming the fraudster’s expertise in a particular issue. But modern examination is capable of establishing the authenticity of a particular photograph, including the documents depicted on it. As well as the identity of the scammer or people associated with him.

Scammers on the Internet

So, if a scammer’s website is registered in a Russian domain zone, such registration could only be carried out using a passport. The police can easily obtain information about the owner of a fraudulent website. If not, you can identify the fraudster using payment documents.

Of course, all scammers use little-known and suspicious payment systems that do not have offices in our country to receive money. But if you paid for a scammer’s service or product with a bank card, the money could not be converted into electronic currency. This is technically impossible. In fact, when accepting payments to an electronic wallet, the money goes to the account of the person managing the so-called payment aggregator. In return, he transfers electronic money to the scammer’s electronic wallet. The police can easily find out this bank account of the payment aggregator manager. And get it blocked through the court.

It is clear that in his relationship with the payment aggregator, the fraudster could use a fake first and last name and log in from different addresses. But there is one rule: every fraudster will make a mistake someday. And his victims always have a chance to catch him making such mistakes. In the end, reputable payment aggregators in such cases themselves compensate the victim for the money stolen by the fraudster. The main thing is to prove their indirect participation in fraud.

Proving fraud without a receipt is possible if you take this issue seriously. Contact the police in a timely manner and keep the progress of the investigation under personal control. But you should remember that even the most severe conviction of a fraudster will not return your money. To do this, you need to file a civil lawsuit. Therefore, the main purpose of proving fraud is to collect documents for a civil lawsuit.

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Peace negotiations

A common situation of deception involves refusal to repay debts. When lending money to acquaintances or friends, people rarely take IOUs from them. There is still an opinion that this is indecent, as it is an indicator of mistrust. But the consequences of borrowing money without documentary evidence of its transfer may be their problems with repaying the debt.

In such a situation, you need to try to resolve the conflict peacefully. Few people will deny their debt obligations; rather, they will try to delay the time of returning the money. Therefore, you need to ask the debtor to issue a receipt with an obligation to return the money. If the money is not returned within the specified period, the victim should contact law enforcement agencies. A receipt with an obligation to repay the debt will be proof of fraud. In this case, it is worth first collecting other evidence of the attacker’s intent. This is not difficult if the scammer is not hiding. You need to save correspondence with him, record conversations with a voice recorder or shoot on video.

What evidence of fraud can be attached to the application?

We all know that any fraud investigation cannot be successful without the assistance of the victim. That is why we recommend collecting as much evidence as possible of the accused’s guilt from the recommended list:

1. Written documents (receipts, contracts, mailings, etc.);
2. Photo and video materials, screenshots of correspondence;
3. Recordings of telephone conversations, electronic correspondence;
4. Witness statements;
5. Other material evidence of the commission of an offense.

And most importantly, do not forget to indicate in your application a list of all attached documents and evidence that you intend to use. Pay special attention to the list of possible witnesses whose testimony would be useful and indicate:

1. Full name of witnesses;
2. Contacts and residential addresses;
3. If information is available, then place of work.

Sometimes potential witnesses turn out to be victims of these same scammers, which entails tougher punishment for the scammers.

If there is sufficient evidence, fraudsters will face punishment commensurate with the material damage.