Fraudsters and EDS - everything is very bad

    Recently, the public spread the news of the first case of scammers selling an apartment using EDS and forging documents . When I read such news before, I always perceived it detachedly, as if this could not happen to me, but I was mistaken. And now I can say that, alas, even Khabrovites are at risk of fraudsters.

    Although in my case the situation is simpler, my apartment was not rewritten, but it is much more common - my wife and I, without our knowledge, became directors of several LLCs. As we were told in the Ministry of Internal Affairs, they have “17 pieces of this kind” this week. I remind you that signing documents using EDS is tantamount to signing a legal signature with your own hand. or physical individuals, therefore, it would seem that the issue of issuing such digital signatures should be as secure as possible, but unfortunately now in Russia such signatures are issued by ordinary commercial organizations, the effect of which is controlled only by issuing licenses of the Ministry of Communications. And as practice has shown , often for this you only need a picture of your passport and SNILS number, which any employer, bank, and other organizations where such documents are compelled to have are required.

    So how was it. I had a mortgage in one green bank. On the occasion of the birth of my second child, I decided to take advantage of the new subsidy for a mortgage rate of 6%, especially since I had long wanted to refinance from 12% at a lower percentage. By the way, initially the mortgage was issued for me as the main borrower, and for my spouse as the co-borrower, that is, the bank had the entire package of documents. The spouse no longer appears in the new bank, and she did not provide documents. Actually, it lasted about 2 months, and now I am happy at work, pushing commits into turnips, and then the call. “Hello, are you the director of such a company? We want to invite you to open a current account with us. ”I immediately suspected something was wrong, and climbed into the register, and, unfortunately, it started. As it turned out, two OOOshki of 2-week and 3-day freshness are hanging on me, and I am their CEO and founder.

    At first I was very scared that I was somewhere, but in the process of reissuance they slipped some papers, and I probably signed something inattentively. But when the situation repeated with my wife, who doesn’t sign anything anywhere and sits with the child at home, it became clear that this was a matter of leakage of personal data and the illegal production of EDS. And then began a series of beatings of the thresholds of various instances - the Ministry of Internal Affairs, the Prosecutor's Office, the Department of Economic Crimes, the Tax, the Federal Service for Supervision of the Internal Affairs, the Presidential Administration, the court:

    1. On the police side - numerous refusals to initiate criminal proceedings, due to the lack of a crime event. That is, in short, "when you are killed, then come." Since no one has put forward financial requirements to me, there is no crime event.
    2. On the tax side, they did everything according to the regulations, here is a statement, here it is signed with the signature "we have no reason to refuse to register an LLC." They only noted that “According to the Federal Tax Service, the information is false”, but the firms are still operating. Also, upon request, they gave us information about the certification center - both for me and my wife it was the same CA located in Tomsk (naturally, we were never even close there).
    3. On the line of Roskomnadzor - they requested information from the certification center, they provided them with an answer that there are supposedly documents from me, and since they do not reveal the authenticity of the documents, contact the court.


    Actually, now the court, and here, too, is not so simple. But the trouble, as they say, does not come alone, I received two letters to my old address, from a collection agency, demanding the return of money that was taken from two microfinance organizations. Then I also had to write a statement to the police, while there was silence on them.

    Some dry facts

    1. The old scans of passports have leaked - everywhere old addresses of registration appear.
    2. The scan of the wife’s passport during the renewal process was stored only in a green bank, and was not provided anywhere else, which means that the leak was either through an employee of this bank, or through a person who removed the burden in the registry, or through a person who accepted documents at the MFC.
    3. The state duty for the registration of LLCshek was paid by a certain gentleman with a non-Russian surname.

    How to protect yourself from this?

    Unfortunately, there is no protection in all areas, because with the introduction of "electronic government" there are more and more places where you can carry out operations with the help of digital signatures. But, in particular, you can protect yourself from the registration of legal entities by electronic digital signature. There is the so-called “38th form”, and to be more precise, form 38001, by filling in which you can prohibit the registration of legal entities. persons without personal presence. True, it will be necessary to fill out and take it personally to the registration authority (in Moscow it is 46 tax authorities), and as I understand it, it limits this only in this region, although I could be wrong.

    Unfortunately, there is a legislative hole used by scammers, and until they tighten control over the issue of digital signatures, such situations will only happen more often.

    UPD1. Form 38001
    To fill out form PZ8001, you can use either the program or download the form . For individuals, only the first sheet and section D are filled out (except for the address). An example of filling .

    UPD2. Sample action algorithm

    action algorithm

    The first two paragraphs as quickly as possible
    1) We file a tax application with forms 34001 for each company, form 38001 and a complaint where you describe that you did not register such companies, and did not file an EDS. I ask you to invalidate the registration and revoke the EDS. We submit personally to the tax registration jur. persons (in Moscow, 46 tax), be sure to take a mark of acceptance.
    2) We file a statement with the police at the location of the tax.
    3) We are writing a statement to MI Federal Tax Service for Data Processing Center a statement on the provision of information on the CA that issued the EDS, through which firms were registered.
    4) We write to the Ministry of Communications with a description of the situation, a request to conduct an investigation, and declare the digital signature invalid.
    5) In case of refusal to initiate proceedings in the police, we write to the prosecutor.
    6) We are waiting for answers from the tax, in case of refusals, we sue the CA.

    UPD3 After a year
    Almost a year later, finally, through the court, they achieved the recognition of the issued EP invalid. At the same time, the tax itself began the process of exclusion of firms from the register, and at the moment 2 out of 3 firms have already been liquidated, another in the process. But my wife and I were lucky to react quickly. Several people have already written to me with a similar problem (we even have a chat in a telegram), but those who already require tax to pay several million taxes and already write off fines from their accounts - in their case, the tax itself will not do everything. Now we are preparing another lawsuit against the CA to compensate for legal expenses, but on the whole the story is almost complete.
    If you are in the same situation and you have questions - write to telegram, my nickname is PaulZi .

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