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Anti-trading activities of the legal company Kasyanenko and partners

Raider schemes and their planning stages

Raider schemes in most cases are divided into several stages.

Stage 1.

The first stage is the stage of determining the direction of raider activity:

  • selecting a business with specific assets;
  • selection and appointment of members of the scheme raider;
  • role-based training of participants and task allocation;
  • define the temporary framework of the business capture;
  • budget allocation for raiding activities.

Stage 2.

The second stage usually contains:

  • conducting intelligence to gather information on the upcoming business divestment scheme;
  • conducting industrial espionage and entering into business their accomplices in pre-assigned roles;
  • recruitment process within the business structure;
  • creating problematic situations and difficulties at the expense of recruited employees;
  • violation of the labor climate within the company;
  • destruction of the company’s positive image in society;
  • implementation of systematic problematic activities by attracting corrupt elements from government agencies, etc.;
  • development of conflict within the company;
  • creating artificial provocations related to the business section;
  • using a pre-prepared human shield.

Stage 3

The third stage consists of the following actions:

  • preparation of necessary documentation through corrupt elements or in the process of theft of necessary documents;
  • illegal change of business founders using fake documentation;
  • forgery of documents to separate the business and transfer its shares to new owners;
  • replacement of the company’s Director using fictitious documentation;
  • transfer of property assets to illegal purchasers;
  • control of the process of judicial proceedings by means of corrupt relations with representatives of the relevant authorities;
  • creation of custom criminal proceedings;
  • control of the process of criminal proceedings.

Stage 4.

This stage is characterized by the following activities:

  • act of forcible seizure of business;
  • the process of legalizing illegally seized businesses;
  • division of the received profit between the original organizers of the raider scheme.

Implementation process in the business that you plan to capture

Choosing a suitable victim and introducing your people into the business is slang among raiders – drive a wedge. A fairly effective method of gaining the trust of business owners is the process of helping to solve problems that the raiders themselves create. The return of property after a raider seizure, in this case, is a complex legal matter.

Most often, this is done by a specific person who allegedly solves all problems through their friends in law enforcement or public authorities. It is not surprising that these acquaintances are corrupt officials who also take part in the raider scheme. The owner of the victim’s business does not even imagine that the money he gave for the fictitious services provided to him has already started working against him.

At the same time, while solving artificially created problems and difficulties, the raiders do everything possible to make their victim start to doubt their subordinates, colleagues, or even close people. All this is done to ensure that the scheme to capture the business went as smoothly as possible, and it was easier for the raiders to get into trust. It usually happens that scammers play the role of various specialists or experts. That is, the business owners themselves allow the raiders to represent their interests in various structures and speak on their behalf.

Espionage: industrial and commercial

After representatives of a raider organization gain confidence in the business owner, they collect a dossier, which usually includes information about/about:

  • the owner of the business, its connections, business partners, possible weaknesses;
  • family, relatives and friends of the owner;
  • the founders and shareholders of the business;
  • persons and structures that are against this enterprise or business;
  • violations (tax, legal, etc.) when conducting business.

Professional raiders act in such a way that the business owner does not know about his fate until the last moment and has no opportunities to influence the outcome of the situation. In most cases, the owner learns about the existing problems after his property is completely alienated, and he can no longer do anything. Any attempts to recover lost property can lead to the opening of criminal cases and even imprisonment of the former business owner.

Blackmail of the rightful owner

Blackmailing a business owner is an almost mandatory practice on the part of raiders. The business will suffer constant problems with tax inspections, inspections by law enforcement agencies, labor inspections, etc. It is against the background of this there can be fabricated a criminal case against the rightful owner. In this case, it is not without resentment from the raider shareholders and disgruntled customers. During the blackmail period, the business owner is still unaware of the rapidly approaching disaster, as the raiders keep everything secret until the last moment, using the help of corrupt judges and experts. This stage of the raider attack is characterized by the presence of a large number of claims (their number can number dozens or even hundreds), which are won by the raiders and their accomplices. After the completion of litigation or in their process, the raiders begin to take actions to legalize the property that was illegally alienated.

Special schemes

Special schemes are the most favorite methods of fraudsters to influence the business victim. This stage has only one goal – to create a negative image of the victim in the eyes of the public. To do this, the raiders hire people and spread slander and defamatory information in the media. At the same time, law enforcement agencies will receive a huge number of complaints about the business activities of the owner, whose property the attackers want to get. In view of this, the victim loses the trust of society, and her attempts to justify herself become futile.

The process of forcibly seizing a business

After all the formalities are met, and the raiders have received the necessary court decision, the business is forcibly seized. The raiders themselves call this stage removal of the body, which is a very clear designation. By this time, the attackers already have the necessary criminal cases against their victim. After that, private law enforcement agencies and even law enforcement agencies enter the case, which seizes property from its rightful owner and transfer it to fraudsters.

The disposition of the property or business

The experience of our employees in the fight against raider activity suggests that real estate that was captured by the raiders, very quickly passes through shell companies to the right people. Ukrainian legislation, in this case, allows you to use the gap, which is called bona fide purchasers, which in fact have nothing to do with the raiders and their activities. Any bona fide buyer is protected by law, and it will not be possible to return the property.

Intermediaries in such schemes are quite well-known one-day firms, whose founders are direct accomplices of the crime committed by the raiders. These individuals only play a role in the process of alienating property and quickly disappear after the raider scheme comes to its logical conclusion. Most often, people are chosen for the establishment of such firms, which will then be easy to get rid of-representatives of the lower social strata.

Once the elimination of intermediaries has been completed, investigations against the raiders are suspended for an indefinite period. The chance of returning the property to its rightful owner at this stage is almost zero.

In conclusion

In fact, we can write several detective books about the illegal actions of the raiders and our experience in dealing with them. However, the main purpose of the above information is an attempt to warn business owners against excessive naivety by providing information about the existing raider danger. The services of Kasyanenko and Partners (anti-trading activities) are primarily aimed at preventing such illegal encroachments on the business of our clients by third parties. If you have any concerns or suspicions about the safety of your business, please contact our specialists immediately. And remember: it is easier to prevent a raider attack and nullify it than to try to recover what was lost and compensate for losses.

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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