1. What authority is involved in this kind of investigation
The best you can do is not to get into such situations. But, if so, there are several options for getting out of the situation, though none of them guarantees a positive outcome.
Whichever option you choose, you need to determine beforehand whether it will be a public authority or a private agency or a person who guarantees you confidentiality and periodic work reports.
Since the National Police of Ukraine is involved in investigating such crimes, the easiest option is to contact the police. The role of such a unit of the National Police of Ukraine as the Cyber Police should not be exaggerated here, since it does not have a pre-trial investigation body. So if you apply to the cyber police of Ukraine with the corresponding statement, it will be forwarded to the territorial police unit where the so-called “swindler” or “swindler” resides. If the victim is a foreigner, it further complicates the process of exposing the fraud. In this case, the language barrier, the distance and the heavy workload of the Ukrainian police’s investigative and operational units become a problem. As a rule, they would rather close the proceedings in the absence of evidence and recommend you go to court, seeing in these acts civil relations.
More difficult option is to come to Ukraine, rent an apartment, hire a translator and a lawyer, find a scammer and bring her/him/them to the police. After that, write a statement, transfer the person to the police and wait for the court decision. This option is not completely legal, but the most effective. It sounds a little fun, however, so do those who value their honor and money.
The best option is to contact us.
Read more to get the full story…
2. What information is needed to make a statement to the police in case of fraud on a dating website
If you decide to contact the National Police of Ukraine, get ready to convince a police officer of the prospect of the case. Since these offenses are included in the list of leaders for the duration of the investigation, the police will convince you in the opposite: it’s impossible to find fraudsters, police has many similar cases without any result, it’s more civil-law relations since you have transferred the money voluntarily. And, of course, they are right. But they cannot refuse to accept your statement in accordance with the Law of Ukraine “On Citizens Appeal” and “On the National Police”.
Therefore, before you go to the police station or send a statement by mail (e-mail), you need to collect as much as possible evidences of the crime: personal data, places of residence (including the persons connected with the scammer), copies or originals of documents, pictures, videos, recordings, emails (screenshots), phone numbers, bank card numbers, receipts, checks, tickets and much more, which can identify the person and indicate the commission of the crime. All of this evidence base must be appended to the application you come up with or submit in accordance with the specimen. The order of acceptance of such statements is determined by the Order of the Ministry of Internal Affairs of Ukraine of 08.02.2019 No. 100 “On Approval of the Procedure for Maintaining Uniform Accounting in the Bodies (Units) of Police Statements and Reports on Criminal Offenses and Other Events”. If you send by mail, you must provide the name of the authority, the head of the authority, all of your questionnaire details (personal information), your place of residence, the telephone numbers you can be reached, as well as a list of the evidence base.
3. How the cyber police of Ukraine works
The Cyber police of Ukraine is an inter-regional territorial authority of the National Police of Ukraine, which is part of the structure of criminal police of the National Police. In accordance with the legislation of Ukraine, it provides the implementation of the state policy in the sphere of combating cybercrime, organizes and carries out operational search activities in accordance with the legislation. Specializes in the prevention, detection, termination and disclosure of criminal offenses, the mechanisms of preparation, commission or concealment of which involves the use of electronic devices (computers), telecommunication and computer Internet networks and systems.
As noted above, the cyber police are not conducting pre-trial investigations because they do not have investigative units. The cyber police force is comprised of operatives who collect evidence and identify scammers. Yes, their direct responsibility is to expose fraudsters, however, it is a very complex process that requires simultaneous work with other units of the National Police, as well as prosecutors and courts.
There are about a thousand employees in the cyber police, but they have a lot of work to do, as the number of virtual crimes is increasing every day. Cybercrime in the world, including in Ukraine, is gaining momentum. Therefore, it is not surprising that the percentage of cases investigated is not large.
4. What is the responsibility for dating site fraud in Ukraine?
In fact, Ukrainian marriage agencies deny that they are related to the girls who create the profiles. Therefore, it is very difficult to prosecute the person who organized such a scheme, since in a public offer the agency protects itself from any lawsuits related to fraudulent and illegal activities of users. In return, in the case of an offense, it is customary to speak of fraud of individuals who create fake accounts for material gain (Articles 190 and 192 of the Criminal Code of Ukraine).
However, when it comes to whole platforms that create fake accounts, it is also nearly impossible to bring them to justice, since they state in the rules of use that they cannot verify the truth of information about girls.
Even if, in rare cases, to prove the connection “third party – platform”, we’ll face another problem – the lack of fraud. A mandatory feature of fraud is that a victim must voluntarily transfer the property or property rights. In fact, it is the girls themselves who are the fraudsters, since the transfer of property is done through their unfair use of trust. However, even here the property is transferred not to them, but to an agency which then pays the girls a salary. On the other hand, we can still talk about improper provision of information services on the part of the dating website, if the latter a) creates fake accounts, b) undertakes to provide exactly certain type of information to certain persons », – lawyers say.
This is abused by scammers because voluntary transfer of funds is part of an oral contract, which in turn refers to civil relations. This means that the criminal liability is not threatened by the scammer.
However, if fraud can be proven a crime, then the liability for such acts is as follows:
Excerpt from the Criminal Code of Ukraine:
Article 190. Fraud
1. Taking possession of somebody else’s property or obtaining the property title by deceit or breach of confidence (fraud), –
shall be punishable by a fine up to 50 tax-free minimum incomes, or community service for a term up to 240 hours, or correctional labor for a term up to two years, or restraint of liberty for a term up to three years.
2. Fraud, if repeated, or committed by a group of persons upon their prior conspiracy, or where it caused a significant damages to the victim, –
shall be punishable by a fine of 50 to 100 tax-free minimum incomes, or correctional labor for a term of one to two years, or restraint of liberty for a term up to five years, or imprisonment for a term up to three years.
3. Fraud committed in respect of a gross amount or by unlawful operations involving computerized equipment, –
shall be punishable by imprisonment for a term of three to eight years.
4. Fraud committed in respect of an especially gross amount, or by an organized group, –
shall be punishable by imprisonment for a term of five to twelve years with forfeiture of property.
Article 192. Infliction of property damage by deceit or breach of confidence
1. Infliction of significant property damage by deceit or breach of confidence but without elements of fraud, –
shall be punishable by a fine up to 50 tax-free minimum incomes, or community service for a term up to 240 hours, or correctional labor for a term up to two years, or arrest for a term up to six months.
2. The same actions committed by a group of persons upon their prior conspiracy, or where these actions caused property damage in respect of a gross amount, –
shall be punishable by a fine of 50 to 100 tax-free minimum incomes, or restraint of liberty for a term up to three years.
Note: For the purposes of this Article, property damage is held to be significant where it exceeded 50 tax-free minimum incomes, and is held to be inflicted in respect of a gross amount where it exceeded 100 tax-free minimum incomes.
(As of February 2020, the tax-free minimum income is UAH 1,051 (43 USD)).
5. How long does it take to investigate fraud on dating sites
According to the Criminal Code of Ukraine, fraud is a crime of minor offence, and therefore the investigation into the commission of this crime may not exceed one year from the date of entry in the Unified Register of pre-trial investigations, ie from the date of opening criminal proceedings.
6 Why the client should hire us and what benefits will this have compared to the fact that he will simply write a message to the e-mail of the Ukrainian cyber police
Summarizing the above, we can conclude that the Ukrainian virtual space is not so clear. Of course, tasks that would not be solved – do not happen, however, it requires a lot of desire and effort. However, it is necessary to have knowledge and skills in this field and all kinds of opportunities.
Unfortunately, without awareness and assistance, without evidence of a crime, people are doomed to be fooled. In this case, the police throw their hands up, saying, “we are not omnipotent”, etc. Therefore, as an alternative to the police, we can offer you our services in solving your problems, because we believe that the client should pay us, rather than simply writing an email to the Ukrainian cyber police.
Here are 10 reasons why you should work with us:
|1||Competence. We specialize solely in dating site fraud. The availability of appropriate specialists||1||National Police investigators are investigating dozens of cases that are both different in nature and mode of crime.|
|2||Privacy. We guarantee professional secrecy. Lack of personal information in National Police databases||2||When registering your appeal, your information is entered into police databases so information about you will not be kept secret|
|3||Individual approach. A special approach to each client||3||There is no individual approach. Kind of a cliche|
|4||Motivation. We are interested in helping you because it is about our reputation||4||There is no motivation to solve the crime|
|5||Efficiency. We will start investigating as soon as you have agreed to cooperate||5||There is no guarantee that the investigation will begin after your message has been registered. Moreover, there is no guarantee that your appeal will be the basis for opening criminal proceedings|
|6||Contact-communication. You have the opportunity to contact and communicate with us at any time convenient for you||6||Communication takes place in the official business style by telephone or correspondence|
|7||Awareness. The advantage is that you are always able to obtain complete and accurate information on the progress of your case investigation||7||In public authorities: – there is no guarantee that the information will be accurate; – on weekends and holidays (in fact, when you are comfortable) they do not work; – some points of the case may be regarded as a secret of the investigation|
|8||Change of investigation vectors. Ability to change the direction of the investigation in the newly discovered circumstances||8||Making changes to criminal proceedings or retraining a crime is a complex documentary process|
|9||Joint efforts. You can investigate with us or involve other specialists with whom we can cooperate||9||Takes into account the evidence provided but cannot attach to the case investigative material obtained through non-statutory legislation|
|10||Legal assistance. In case the results of the investigation are positive and / or you wish to contact the police, we provide qualified assistance in the processing of relevant documents and the transfer of evidence of a crime for criminal prosecution||10||You will be asked to hire a lawyer or attorney to provide legal assistance. In fact, you can also get initial legal help from the police, but these will be elementary tips that will not benefit you without understanding the law|