Maternity capital fraud schemes
Fraud in the field of maternity capital is the most pressing problem that began to appear since the introduction of this state program. There are several types and methods of fraud in the field of maternity capital. Here are several options for these fraudulent methods (Figure 1).
Options for maternity capital fraud
Malfeasance
To date, fraudulent transactions involving officials continue to be carried out. In most cases, officials and pension fund employees participate in falsifying documents for a fairly large percentage.
Such scams are possible because the mother capital certificate represents a depositary receipt, and if you have certain contacts, you can easily cash out money through officials. But for this, several officials at once must be corrupt.
The most frequently used scheme is the registration of maternity capital for the construction of a house. The Pension Fund usually already has concluded agreements with construction companies, and the money is transferred to their account.
Next, fake cash and sales receipts are generated for the purchase of materials and construction work. The funds are then cashed out in various ways.
Even if the bribe was transferred through an intermediary, the recipient of the certificate will also be punished, and it is quite serious for this crime, since there is a preliminary conspiracy and intent here.
Cashing out mother certificates
This method of fraud when receiving payments, in particular maternity capital, is very popular. You can often see advertisements on poles and fences on the street containing offers of help in “cash-out of maternity capital.”
Maternity capital, with this method of fraud, is most often cashed out through a fictitious purchase of housing (possibly from one’s own relative). Based on the submitted documents containing deliberately false information, the Pension Fund of the Russian Federation transfers funds to the seller’s personal account. In this case, the scammers either get the entire amount of maternity capital, or most of it, leaving pennies for their trustees.
In some cases, appraisal companies are involved in maternity capital fraud. When recipients of maternity capital purchase an inexpensive plot of land for construction or a full-fledged house (most often in villages), such organizations, for a fee, provide a fictitious report on the valuation of the acquired property, inflating its real value many times over. This mechanism can be used repeatedly.
Another type of fraud within the framework of the issue under consideration is associated with the purchase of property. Thus, a fictitious purchase and sale agreement may be submitted to the Pension Fund of the Russian Federation , although in fact such a transaction is not completed at all. This violation is often practiced among relatives or close friends. This also includes the conclusion of an agreement for the donation of property, which is later purchased back at the expense of maternity capital. Money paid to a relative who was once the owner of the donated property can either be divided in one ratio or another, or be fully cashed out by the recipient of maternity capital funds and used for their own needs not established by law.
One of the most common schemes for illegal cashing out of maternity capital is the purchase of housing from relatives . Thus, a family that has received maternity capital enters into a deal to purchase housing or part of it from relatives who have a different last name. The essence of the action is that the relative receives maternity capital funds into his account as a home seller, after which he returns the money to the buyers - the owners of maternity capital - and remains to live in his apartment. Of course, this transaction is imaginary, entailing the consequences of declaring it invalid and depriving the family of maternity capital. A relative who sells a residential property may be left without housing - according to the documents, it will belong to the family that bought it and will be in common shared ownership with the children. It will be impossible to simply sell such housing, because the co-owners are children. For the purchase of real estate that was previously involved in a transaction with maternity capital, in which the children’s shares were not allocated, there is a risk of liability under Article 159 of the Criminal Code of the Russian Federation. Any scams carried out with maternity capital are classified by law enforcement officers as fraud on an especially large scale, and the owner can be charged as an accomplice to the crime.
The provision of invalid documents to the Pension Fund of the Russian Federation is evidenced by another type of fraud, which involves the transfer by fraudsters of a certificate of state registration of property rights, despite the fact that no such transactions were made. Here, unscrupulous officials of Rosreestr can act as accomplices. Another way to cash out funds provided under the program being studied is to purchase housing that actually no longer exists, but has not yet been removed from the real estate register. Here, too, a civil servant of one level or another cannot help but be involved, since such information is of a rather specific nature and is not in the public domain. The examples of fraud associated with the deception of employees of the Pension Fund of the Russian Federation are somewhat different. This could be concealing the circumstances of deprivation of parental rights or forging all kinds of documents that provide the right to receive additional government support.
It is worth noting that in all frauds in which this or that organization, official or government body takes part, the crime is considered to be committed by a group of persons by prior conspiracy, which entails a different measure of responsibility[1].
How to protect yourself
Owners of maternity capital certificates must be extremely careful when using this money. First of all, in no case should you contact persons offering to cash out a payment for a small reward. Usually, scammers require a number of documents, and as a result, deceive the owners. In addition, criminal liability in this case applies to everyone, including young parents.
All transactions of purchase and sale of housing according to the mat. capital should be carried out through the Pension Fund. By law, the PF has the right to verify all information provided by applicants by submitting requests to all necessary government agencies. This allows owners to receive additional guarantees.
If it becomes known about fraud with mat. capital, something must be done. The most correct thing is to contact law enforcement agencies with a corresponding statement. The police will find the scammers and bring them to justice, and the certificate holders will be able, if necessary, to still receive this money.
Mortgage Fraud
A relatively new method of obtaining maternity capital, which appeared from the moment the legislator allowed the repayment of a housing loan using the specified payment. However, this scheme remains very dangerous and difficult to implement, since the owner of the capital may not only lose money, but also remain a “debtor” of the bank to pay the interest rate.
This scheme is often implemented at the suggestion of a realtor - he finds a seller from among the “verified” people, after which a mortgage loan is issued. Since the law allows the use of maternity capital to repay the principal debt on a mortgage loan, the Pension Fund of the Russian Federation transfers the funds. In words, it is assumed that the owner of maternity capital will receive the money in hand - but what is often kept silent is that there remains interest on the loan, the payment of which is allowed only after a certain period of time.
It is necessary to understand that any misuse of funds entails punishment. The more people are involved in the fraud, the greater the administrative fine, and the stronger the preventive measures when initiating a criminal case. In any case, maternity capital funds are recovered in favor of the Pension Fund of Russia.
An analysis of judicial practice on this type of fraud, namely fraud in receiving payments (maternity capital), shows that this topic remains relevant. One of the most common violations that entail negative consequences is the violation of the condition on the registration of residential premises acquired with the help of maternity capital into common shared ownership.
The powers of ownership, use and disposal of property in common shared ownership must be exercised by agreement of all its participants. However, quite often it is difficult for the participants in such relationships to come to a common opinion, so contradictions arising from relations of common shared ownership become the subject of litigation.
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In cases where there is no state registration of ownership of the residential premises or if the residential premises are purchased in the name of one of the spouses, in order to attract maternity capital funds, a written obligation is required to register the residential premises as the common property of the second spouse and children within 6 months, determining the size of the shares by agreement. The obligation to allocate shares is one of the main conditions for directing maternal (family) capital to improve housing conditions, as it is considered as a guarantee of respect for the rights of children and the second spouse. In practice, quite often the corresponding obligation is given, but is not fulfilled, which entails civil liability, and in some cases, signs of a crime under Art. 159.2 of the Criminal Code of the Russian Federation.
In order to successfully buy an apartment, including with the involvement of maternity capital, it is necessary to check not only its technical condition, but also its legal history. First of all, you need to find out whether there are any encumbrances on the housing (seizure, rent, deposit from the bank, etc.) For this, there are extracts from the Unified State Register: it contains information about the owner of the apartment, when, and most importantly, on the basis of what documents he entered into the rights of the owner. The seller must have a passport and documents on the ownership of the apartment. If one of the sellers is a minor child, you should remember that such a transaction will require the consent of the guardianship and trusteeship authorities; without it, the transaction will not take place. If the seller is married, a notarized agreement from the spouse will be required. If the seller is not declared incompetent, but is (permanently or at times) in such a state in which he is “not able to understand the meaning of his actions and manage them,” he will need to act through a representative, and these are additional difficulties. If there are doubts about the mental state of the seller, you can ask him for a certificate from a psychiatrist and narcologist. You can also check the apartment online on specialized websites, including for a small fee. So, you can check whether there have been any disputes regarding a given apartment on the official website of the district court that has jurisdiction over the address of the apartment. Using the official database of arbitration courts, you can check whether the seller (or his spouse, if any) has been declared bankrupt or debtor.
Where to go for help
If fraud was committed to obtain money based on maternity capital, then both the owner and his accomplices bear responsibility. If a citizen has information regarding a scam involving payments for children, he can:
- Go to court to invalidate the transaction. We are talking about fictitious transactions that the parties enter into to cash out funds.
- Write a statement to the police. It should include all information available on the case.
After the court recognizes the transaction as fictitious, all case materials can be transferred to law enforcement agencies for further proceedings. If the police can prove that these persons committed illegal acts and took possession of someone else's property through deception, they will be subject to criminal penalties. It provides:
- Prison term. Maximum imprisonment, in accordance with Art. 159 (part 2) of the Criminal Code of the Russian Federation is 10 years. This term may be awarded if fraudulent actions were committed by a group of persons or a particularly large amount of damage was caused as a result of the crime.
- Fine. Its size depends on the amount of government money stolen by fraud.
It is imperative to contact law enforcement agencies if you have been deceived by fraudsters or if you are suspected of committing illegal actions.
Arbitrage practice
Let's look at examples from judicial practice. Currently, many citizens have been convicted for cashing the certificate. For some sentences, real terms of serving the sentence in a colony were assigned.
- Members of an organized group were convicted in the Republic of Tatarstan. A scheme was developed in which Roma women, using fictitious certificates issued by gynecologists and pediatricians, received documents for unborn children. Subsequently, a certificate was issued, which the scammers then cashed in by purchasing dilapidated housing.
- Citizen Tyrnova was found guilty under Art. 159.2 of the Criminal Code. It was established that she, as the holder of the certificate for maternal capital, signed a contract for the sale and purchase of her mother-in-law’s apartment. At the same time, the seller remained living in this premises. A family with two children did not move into the purchased living space.
The court concluded that this transaction was concluded solely for the purpose of illegally obtaining maternity capital money. Tyrnova was sentenced to pay a fine of 100,000 rubles. All funds listed under the certificate were also collected from her.
- The court sentenced the founders and employees of the LLC who cashed out the capital. Through advertising, certificate holders were invited to receive cash.
The court found that the following scheme was implemented: citizen Ivanova handed over her certificate and issued a power of attorney to the employee of the LLC. Subsequently, a house in the village was purchased in her name. An examination of the case determined that it was not suitable for habitation and was in disrepair. The market value is 70,000 rubles, but the contract indicates a price of 350,000 rubles. The founders and employees of the LLC were sentenced to real terms of imprisonment. Those who handed over the certificates received fines.
The state issues a certificate for a large amount to women who give birth to a second child. It can be spent exclusively for the purposes specified in the law. Any cashing of these funds is a crime. The activities of organizations offering their services for processing and issuing money are illegal.
When using fraudulent schemes to obtain money for maternity capital from the budget, the perpetrators will be prosecuted and sentenced to punishment. Depending on the degree of guilt, sanctions can range from a fine to actual imprisonment. In addition, it will be necessary to compensate the state for everything listed under the certificate.
