Fraud

Attorney for fraud cases (Article 159 of the Criminal Code of the Russian Federation) in Moscow

Facing a fraud charge is not just a legal dispute; it is a full-blown crisis that threatens your reputation, financial stability and personal liberty. In today's economic reality, where the line between risky transactions and a criminally punishable act is often deliberately blurred by counterparties or law enforcement agencies, even a standard commercial operation may be interpreted as an offence. In such a situation, delay or an attempt to defend yourself is tantamount to financial disaster.

The only right decision is to turn to a specialist without delay. The services of a criminal defence attorney, especially in such a complex area as economic crimes, are not a formality but a strategic resource aimed at preserving your status and assets. An attorney for a legal entity in this context acts not only as defence counsel in court but also as a crisis manager who, from day one, builds a line of defence by analysing every aspect of the case: from the initial arrangements and correspondence to procedural violations by the investigation.

Elements of the offence and amounts of damage (Criminal Code, fraud, Article 159)

Why do the risks multiply without an attorney for Article 159 of the Criminal Code?

Handling a fraud case on your own involves enormous risks that most businesspeople and citizens are simply unable to assess. Criminal proceedings are an extremely complex mechanism with their own terminology and procedures, where one wrong word during an interrogation can become grounds for a harsher preventive measure.

• The risk of self-incrimination: Without knowing the finer points of the elements of the offence, you may inadvertently confirm actions that the investigation interprets as "deception" or "abuse of trust", even if you had no intent to steal.

• Missing critically important stages: At the pre-investigation check stage, it is possible to obtain a refusal to initiate criminal proceedings, but this requires specific motions and applications that a non-specialist does not know about. Without an attorney's legal assistance this chance is lost.

• Incorrect assessment of evidence: Without a professional attorney you will not be able to correctly assess the strength of the evidence against you or organise the gathering of exculpatory evidence.

• Emotional decision-making: Psychological pressure from the investigation leads to panic and wrong decisions, for example agreeing to give a confession in exchange for certain promises, which are often not kept. A good attorney shields the client from this pressure and conducts the dialogue with the investigation in professional language.

The fundamentals of fraud: what must the investigator prove?

To hold a person liable under Article 159 of the Criminal Code, the prosecution must prove the presence of strictly defined elements that make up the so-called "corpus delicti" (elements of the offence). Understanding this structure is the key to building a defence. Your fraud attorney will challenge each of these points.

The objective side: how exactly were the acts committed?

1. Theft of another's property or acquisition of the right to it. This is the ultimate goal of fraud. Your defence counsel may prove that the property was not taken, or that the right did not pass to the accused.

2. The method of committing the act — deception or abuse of trust. Deception is the provision of knowingly false information (forged documents, falsified financial statements) or the concealment of vitally important facts. Abuse of trust involves using special, trusting relations with the victim (for example, a business partnership) to commit theft. An attorney handling cases in Moscow often encounters situations in which the investigation tries to present an ordinary civil-law dispute (failure to perform obligations under a contract) as a criminal offence, even though there was no direct deception at the time the transaction was concluded.

The subjective side: what was in the mind of the accused?

This is the element that is hardest for the prosecution to prove. It is necessary to establish the presence of direct intent. That is, the person must have wished, in advance, before committing the acts, for the criminal consequences to occur and must have consciously directed their will towards theft. If the attorney proves that there was only negligence, a business miscalculation or an inability to perform obligations for reasons beyond your control (for example, an economic crisis or the actions of third parties), then there are no elements of an offence. The absence of intent is the cornerstone of the defence.

An attorney for a legal entity: specialised defence of businesses against fraud charges

For a company, a fraud charge is a systemic blow. In addition to the risks for its executives, its business reputation is damaged, accounts are frozen, business activity is paralysed and inspections by regulatory authorities begin. Standard legal assistance from an attorney is insufficient here; what is required is a specialist with an in-depth understanding not only of criminal law but also of corporate, tax and contract law. Attorneys for legal entities from the team of Yuriy Arutyunov offer precisely this kind of comprehensive approach.

The advantages of hiring a specialist attorney for business

Hiring an attorney who specialises in defending businesses means gaining not just defence counsel but an attorney-strategist. His work goes far beyond the investigator's office.

• In-depth expertise in corporate structures: He understands how business operations are organised, why subsidiaries are set up and how complex settlements are carried out. This allows him to speak the same language as the investigation and competently explain the economic substance of transactions, removing any criminal colouring from them.

• Synchronising criminal and commercial court defence: Often, in parallel with a criminal case, commercial (arbitrazh) court disputes are brought seeking to have transactions declared invalid. Our attorney coordinates the defence in all areas, preventing contradictions between the positions taken in different courts.

• Protection against the freezing of assets: One of the first measures taken by the investigation is to place an arrest on the company's shares, interests in its authorised capital, real estate and accounts. We promptly prepare motions to lift or change the interim measure, proving that the arrest paralyses the activities of a bona fide enterprise.

• Working with beneficiaries and top managers: We build a single line of defence for all company employees who may be held liable, preventing conflicts between them and pressure on them from the investigation.

Typical scenarios of fraud charges against businesses and methods of defence

• Fraud in the conclusion and performance of contracts (Article 159.4 of the Criminal Code of the Russian Federation)

This is the most common scenario. A counterparty that has received goods or a service but does not want to pay for them claims that it was misled from the outset as to your solvency or your intention to perform the obligation. The attorney's task is to show the investigation and the court all the pre-contractual correspondence, evidence of the company's good faith (for example, attempts to agree on payment by instalments), the absence of forged documents, and that the failure to perform obligations was caused by objective economic reasons.

• Lending fraud (Article 159.1 of the Criminal Code of the Russian Federation)

The bank alleges that a loan was obtained using false documents. The defence is built on the fact that the certificates provided were not knowingly false and that minor inaccuracies did not affect the bank's decision, or that the company had a firm intention to repay the funds, as confirmed by regular payments until force majeure circumstances arose.

An attorney's services in court under Article 159 of the Criminal Code: from defence tactics to appealing the verdict

If the case reaches court, the most crucial stage begins, at which the question of your guilt and the punishment is decided. An attorney's services in court at this stage require not only in-depth knowledge but also oratorical skill, the ability to argue and to respond promptly to changes in the situation in the courtroom.

Building a court strategy: how we prepare for trial

Preparation for trial begins long before the first hearing. We do not simply study the case materials; we use them to create a convincing alternative version of events.

• Thorough analysis of the case materials: We identify all procedural violations committed at the investigation stage: failure to meet the requirement of a comprehensive inquiry, failure to respect the rights of the accused, inadmissible methods of obtaining evidence.

• Assembling a body of exculpatory evidence: This means not only documents but also witnesses. We find and prepare for questioning persons who can confirm your good faith and the absence of intent to steal.

• Ordering and conducting forensic examinations: Where necessary, we petition for financial and economic, handwriting or linguistic examinations that may refute the prosecution's conclusions. We carefully formulate the questions for the experts in order to obtain answers that are as favourable to the defence as possible.

• Preparing reasoned motions and complaints: At every stage, we actively file motions: to exclude evidence obtained in breach of the law, to add new documents to the case file, to summon additional witnesses.

Direct defence at the court hearing: your voice and your shield

An attorney's legal services in the courtroom are many-sided. Every action is aimed at achieving the main goal — an acquittal or minimising the punishment.

• Participation in jury selection (if applicable): If the case is heard with a jury, we use all the opportunities provided by law to form an objective and impartial panel.

• Cross-examination of prosecution witnesses: Our task is to reveal contradictions in their testimony and to show the court their bias, personal interest or the pressure put on them by the investigation.

• Presenting the defence's evidence: We do not simply submit documents; we build them into a coherent and logical picture that the judge can easily use as the basis for the decision.

• Procedural support for the client: We are at your side throughout the proceedings, explaining what is happening, advising you on how to conduct yourself during questioning, and shielding you from improper questions by the prosecutor.

Appealing the verdict: the fight for justice does not end in the court of first instance

Even if the verdict is a conviction, this is not the end of the fight. The services of a criminal defence attorney include preparing appeal, cassation and supervisory complaints. We carefully analyse the record of the court hearing for breaches of the Code of Criminal Procedure that may have affected the outcome of the case, and prepare reasoned complaints to higher courts.

Why choose attorney Yuriy Arutyunov for defence under Article 159 of the Criminal Code?

In Moscow, many lawyers offer legal services under Article 159 of the Criminal Code, but the choice of defence counsel should be determined not only by their being on the register but also by their specialisation, experience and reputation. By turning to us, you gain not just a formal representative but a strong ally.

What does an initial consultation with a fraud attorney include?

The first consultation with an attorney is the starting point for the entire subsequent defence. It allows us to assess the prospects of the case and allows you to understand to whom you are entrusting your fate. As part of the consultation, we:

• Carry out a detailed analysis of your situation based on the documents you have and the information you give us orally.

• Explain the possible risks and prospects and give an honest legal assessment.

• Develop an initial action plan, which may include urgent measures such as filing motions or preparing for an interrogation.

• Answer all your questions and explain complex legal terms in simple, clear language.

Our working philosophy: transparency, persistence and full commitment

We believe that a good attorney is one who does not simply do his job but shares the client's concerns and goals. We build relationships on complete trust and transparency. You will be kept informed of every stage of the work, and all our actions will be agreed with you. We persistently use all lawful methods of defence, without making unjustified compromises. Our aim is not merely to formally defend your interests but to achieve the best possible result: full termination of the criminal prosecution or an acquittal.

Do not wait until the situation becomes irreversible. If you or your business are facing fraud charges, hiring an attorney is your next necessary step. Call us to book a consultation with an attorney and get a detailed action plan today.