Credit Fraud Scheme, Tirana Prosecution Issues 9 Security Measures for the Financial Institution Administrators and Bailiffs

Tirana Prosecution Office sought security measures including "Remand in Custody" and "House Arrest" for nine individuals accused of involvement in the criminal offense of Fraudulent and pyramid schemes' as provided for in Article 143/a, paragraph two of the Criminal Code, within Ministry of Justice’s denunciation under no. 3464, dated .25.02.2020, against Micro Credit Albania, ADCA, SHP Zig, FS, FLASH, and their bailiffs

Based on the administered acts, it emerges that these companies acquired from Pro Credit Bank 3999 loans totalling 7,299,203 euros labelled as malicious and not payed-off over the years, and employed a coercive loan acquisition scheme, coercing borrowers with old debts in other banks to take out new loans, even though they lacked repayment capability, while their salaries, properties, or vehicles were seized by bailiff companies.

Regarding the liquidation of these acquired loans by MCA, suspicion of theft arises, compelling creditors to take out new loans with this financial institution so as to unlock the old ones, which were then repossessed by MCA. Obtaining a new loan temporarily unblocked the assets and accounts of the creditors with MCA, but later MCA would demand the liquidation of other sums.

This scheme was utilized against various borrowers, resulting in them being victims of theft and inflicting significant economic harm on these individuals, as well as private and public entities.

On the other hand, these financial institutions imposed a late interest rate of 2% + 8% per annum. As per the expert accounting report, the initial total principal obligation for all orders placed with creditor parties by the company 'Micro Credit Albania' Sh.a amounts to 575,842,669.60 Lek. meanwhile, the total late fee interest, according to the norm of 2% + 8% per annum, stands at 258,687,709.07 Lek.

In the investigative administered acts, specific instances have been revealed regarding the practice of placing conservative seizures on real estate, even extending to individuals entirely unrelated to the execution of judicial decisions A typical case of this nature involves debt collection, where Micro Credit Albania has seized 14 immovable assets of a citizen for an outstanding debt of 347,958 Lek.

Tirana Prosecution Office has verified, through administered acts, that bailiffs A.M., A.K., and A.T. have committed acts of the criminal offense of "Abuse of office" as stipulated in Article 248 of the Criminal Code.

Likewise, it has been established that citizen K.S., in her role as a bailiff, is suspected of having committed acts constituting the criminal offense of 'Theft,' as stipulated in Article 134/2 of the Criminal Code.

Moreover, citizens A.D., A.G., and E.M., acting as administrators of the bailiff companies Star-FS, are under suspicion for committing acts of the criminal offense of “Theft”, as stipulated in Article 134/2 of the Criminal Code. Similarly, citizen E.I., an administrator of MCA, is suspected of having committed the criminal offense of 'Theft' as stipulated in Article 134/2 of the Criminal Code.

Further to the aforesaid, Tirana Prosecution Office assessed that there exist the legal prerequisites and criteria outlined in Articles 228 and 229 of the Criminal Procedure Code, justifying the imposition of stringent security measures on individuals under investigation. As a result, the court has decided:

1 - Imposition of the security measure of "Remand in Custody" for citizen A.D.;

2 - Imposition of the security measure of "Remand in Custody" for citizen A.G.;

3 - Imposition of the security measure of "Remand in Custody" for citizen E.M.;

4 - Imposition of the security measure of "House Arrest" for citizen K.S.;

5 - Imposition of the security measure of "House Arrest" for E.I.;

6 - Imposition of the security measure of "House Arrest" for citizen J.D.;

7 - Imposition of the security measure of "Remand in Custody" for citizen A.M.;

8 - Imposition of the security measure of "Remand in Custody" for citizen A.K.; and

9 - Imposition of the security measure of "House Arrest" for citizen A.T.

All suspects are indicted for the criminal offense of "Abuse of Office" as stipulated in Article 248 of the Criminal Code.