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Procedural and Tactical Aspects of Investigating Embezzlements Committed on the FOREX Currency Market

  • Svyatoslav Yu. Biryukov,
  • Vadim N. Perekrestov,
  • Marina Yu. Fadeeva,
  • Vladimir M. Shinkaruk

摘要

Analysis of specific procedural and tactical aspects of the investigation of fraud committed by participants of the forex international currency market helps develop positive judicial and investigative practices related to criminal cases of the category and, as a result, contributes to the protection of bona fide market participants, risk reduction and promotion of this type of activity as one of the sectors of the national and global economy. The purpose of this study is to provide a comprehensive analysis of criminal actions committed by unlawful participants of the international currency market and countermeasures taken by law enforcement agencies. The paper gives an overview of the behavior specifics of investigation subjects at different stages of criminal proceedings in the context of investigating fraud on the forex market. It specifies the subject of proof in this category of criminal cases, gives a brief analysis of specific interactions between law enforcement officials and representatives of various financial organizations, and explores tactical issues of the most typical activities for this type of investigation. In particular, emphasis is placed on the substance of these procedural actions (subjects of interview/interrogation, objects of search). The authors examined the aspects of applying special knowledge (i.e., assigning necessary forensic examinations) in order to establish the significant circumstances of investigated criminal acts.