How to establish the dishonesty of withdrawing funds abroad

The Arbitration Court of the Astrakhan Region has prepared an interesting review of judicial practice. It deals with the dishonesty of the parties in the issue of creating artificial debt for the purpose of withdrawing funds, including abroad. The Court explained what signs could indicate this.

In such cases, including bankruptcy, the Federal Financial Monitoring Service is involved. Specifically, in the Astrakhan region, nine proceedings are under consideration, where such actions have been identified, half of them are applications for insolvency.

It often happens that the debt is created out of nothing, that is, one party goes to court with a claim for debt collection from the other, although in fact there was no debt.

So, what signs can speak about the imitation of a dispute between the parties? First of all, this is the object of the claim, which is a large sum of money, and its presence is highly questionable. In addition, questions may be prompted by the reason for initiating a dispute, as well as the deviation of its participants from the usual behavior in such situations. An important role will be played by the affiliation of the parties and the consistency of procedural actions. For example, when the defendant agrees to the terms of the settlement agreement that are obviously unfavorable for him.

More information about the text of the review can be found here.