Loan fraud scheme/ Tirana Prosecutor's Office provides 9 security measures

2024-05-23 09:36:00, Aktualitet CNA

Loan fraud scheme/ Tirana Prosecutor's Office provides 9 security measures

Illustrative photo

The Prosecutor's Office of Tirana has requested the security measures "Arrest in prison" and "Arrest at home" for 9 citizens, accused of the criminal offense "Fraud and pyramid scheme".

The scheme has been used on various borrowers, who turn out to be victims of the theft of their property, causing a very high economic damage to these citizens or private and public entities.

As a result, the Prosecutor's Office requests prison arrest for the citizens, AD, AG, EM, AM and AK, while it has requested the security measure of house arrest for the citizens KS, EI, JD and AT

This fraud scheme was previously denounced by CNA, where it was emphasized that the properties of Albanians are being devoured by microfinance companies.

The serious phenomenon has been denounced by the National Chamber of Private Bailiffs, which has made available to SPAK over 15,000 documents and acts, which show in detail the fictitious auctions held with the properties of Albanians.

Notice of the Prosecution

The Prosecutor's Office at the Court of First Instance of General Jurisdiction, Tirana requested the security measures "Prison arrest" and "House arrest" for nine citizens, under the charge of the criminal offense of "fraudulent and pyramid scheme" provided by article 143/a the second paragraph of the Criminal Code, as part of the criminal report no. 3464, dated 25.02.2020, of the Ministry of Justice against the entities Micro Credit Albania, ADCA, SHP Zig, FS, FLASH and their executors.

From the administered acts, it results that these companies received from the bank 'ProCredit' 3999 loans considered bad and unpaid over the years with a total amount of 7,299,203 euros and used a coercive loan-taking scheme where it was imposed on the debtors through theft who had old debts in banks, to take back loans even though they had no possibility of repayment, and their salaries, properties, or cars were blocked by enforcement agencies.

For the liquidation of these loans purchased by MCA, it is suspected that theft was used, forcing the creditors to obtain new loans from this financial institution, to unlock the old one, which was again available as a portfolio of the MCA financial agency. By obtaining a new loan from the MCA financial agency, the assets and accounts of the creditors were temporarily unblocked, but later the MCA financial agency appeared with the request for the liquidation of other amounts.

This scheme has been used on various borrowers, who turn out to be victims of the theft of their property, causing a very high economic damage to these citizens or private and public entities.

On the other hand, these financial institutions applied a late interest of 2% + 8% for each year and according to the accounting expertise act, the total initial value of the principal obligation for all the orders placed with the creditor company 'Micro Credit Albania' Sh. is it in the amount of ALL 575,842,669.60. While the total legal late interest at the rate of 2% + 8% per year is in the amount of 258,687,709.07 lek.

In the investigative acts administered, the concrete cases of the phenomenon of the imposition of conservative sequestrations on the immovable assets that have been extended and against persons that have nothing to do with the execution of court decisions have been recorded. A typical case of this nature is the case/executive file where, for an arrears of 347,958 ALL, Micro Credit Albania has seized 14 immovable assets of a citizen.

As above, the prosecution managed to prove from the administered acts and prove with concrete and direct actions that the bailiffs AM, CA, and AT have consumed the elements of the criminal offense of "Abuse of duty" provided by article 248 of the Penal Code.

Likewise, it was proven that the KS citizen, in the capacity of bailiff, is suspected of having consumed the elements of the criminal offense of 'Theft', provided for by Article 134/2 of the Penal Code.

While the citizens AD, AG and EM, in the capacity of administrators of the enforcement companies Star-FS, are suspected of having consumed the elements of the criminal offense of theft, provided for by article 134/2 of the Penal Code. Similarly, citizen EI, administrator of MCA, is suspected of having committed the criminal offense of 'theft' provided by Article 134/2 of the Penal Code.

In addition to the above, the Prosecutor's Office at the Court of General Jurisdiction in Tirana estimated that the conditions and legal criteria provided for in articles 228 and 229 of the Penal Code exist for the persons under investigation to be assigned a coercive security measure and the court decided:

1 - Determination of the insurance measure "Arrest in prison" for the AD citizen;

2 - Determination of the insurance measure "Arrest in prison" for the citizen AG;

3 - Determination of the insurance measure "Arrest in prison" for the EM citizen;

4 - Determination of the insurance measure "House arrest" for the KS citizen;

5 - Determination of the insurance measure 'House arrest' for EI;

6 – Determination of the measure of insurance 'House arrest' for the citizen JD;

7 - Setting the security measure "Arrest in prison" for the AM citizen;

8 - The determination of the security measure "Arrest with prison" for the AK citizen; AND

9 - Setting the security measure "House arrest" for the AT citizen

All suspected of committing the criminal offense of "Abuse of duty", provided for by Article 248 of the Criminal Code./ CNA