Юрист о проверках обменников в «Москва-Сити»: причины, последствия и изменения на рынке Translated: Lawyer on exchange checks in Moscow City: reasons, consequences, and market changes

Denis Mayasov (D. M.): The situation with exchange services is improving. Even those who were visited by the «guys in uniform» are now operational.

FL: Are you talking about Rapira and Mosca?

D. M.: As of today, Mosca is open and began operating almost immediately. Withdrawals on Rapira are currently inactive, but the app is functioning normally.

The inspections started at the end of September. Many claimed that exchanges would cease to exist, and all funds were seized, leaving the «Federation» allegedly without resources.

Is this true? Not exactly. Indeed, a large amount of cash was seized along with equipment, including laptops, phones, and other communication devices. The raids were conducted in such a way that no one was prepared for them. They were very aggressive and forceful.

FL: Why is this happening?

D. M.: It’s the end of the year, and there is a need to realize material assets. Operational officers are actively working on this. A significant amount of cash and cards that are registered under unknown persons can be found.

Our latest case involved a courier using an elevator with about 7 million rubles. An officer took all the cash under a protocol and began asking questions about the economic rationale of the operation. The courier couldn’t answer.

FL: One reason given for the inspections is the fight against capital flight. How true is this?

D. M.: This has not been officially confirmed, but it is mentioned in many reports.

Today, operational staff are actively searching for “front people.” This is the first link they are pursuing. It’s a particularly interesting subject with a lot of statistics involved, which provides strong motivation for operational employees. Then there are the couriers, particularly those working for call centers.

FL: Why were Rapira and Mosca specifically targeted?

D. M.: It has been a long time since there was any inspection of Rapira. There were some raids, but they weren’t very active. Nothing as global as what we see now had occurred. I don’t know why Mosca was involved.

In July or June, there was a blockchain forum. I don’t remember the exact month. On that day, «heavies» came in and conducted a search. Recently, there was another conference, and on the same day, they also visited Mosca.

FL: Did other exchanges ultimately close down?

Temporarily. How is the policy regarding such operations structured? The staff do not raid just one exchange; they check out the whole tower.

An officer can seize something from anyone or any exchange under protocol. That’s why many platforms were visited.

FL: Were the investigative actions part of a professional check without a criminal case being initiated?

D. M.: We have the Federal Law «On Operational-Search Activities.» During the course of operational-search activities, an officer has the right to take those actions they consider necessary to uncover crimes.

This is actively applied in the towers «Federation,» «Empire,» and nearby buildings in «Moscow City.» The actions constitute a procedural inspection.

FL: One theory regarding the inspections is that a 38-year-old Roman Novak claimed to be a friend of Pavel Durov and offered TON at a discount. He turned out to be a fraud and fled to Dubai. How realistic and truthful is this story?

D. M.: I don’t believe in that version. Every theory has the right to exist, but this one is absurd. I believe that the owners of exchange services and exchanges are much smarter.

FL: How should traders behave during an inspection?

D. M.: First of all, they need to remain calm. Often, traders forget this and, unfortunately, behave inappropriately. There are two options: either they end up handcuffed on the floor or engage in conversation with the officer.

You need to understand what you will say right away. And it should be a valid explanation, not something made up. It’s best not to confront the police officers because when they arrive for an operational event, they are very empowered. You could end up making the situation worse for yourself.

FL: Is there a chance that the trader will be released with their money and not disturbed?

D. M.: We had a case about a month and a half ago where a person went to an exchange that was raided, and their friend called us. We arrived and began communicating within the legal framework. The cash was returned. We provided an explanation on site, documented everything; no physical force was applied to the trader, and everything ended well.

FL: Are there situations where funds are seized unfairly, without protocol?

D. M.: Such cases have occurred. However, they are becoming increasingly rare.

FL: You mentioned illegal capital outflow across the border. What are the main directions where Russian capital is flowing?

D. M.: Today, all capital is flowing to Dubai.

FL: Another theory is that several officials are involved in the case. How close is this to reality?

D. M.: This story remains unconfirmed; we need to wait. I doubt that official sources will validate this comment.

FL: There are known stories about exchanges occurring in apartments, rented accommodations, and lobby areas of towers. Should we anticipate a wave of raids in those places?

D. M.: In many regions, there is a concept of «knee exchanges.» These occur in cars, cafes, and other locations. Right now, everything in Moscow is centralized and streamlined; people are accustomed to comfort, but such a scenario is also possible.

FL: What do you think is the future of exchanges in Russia?

D. M.: I believe that in the near future, there will be collaboration between the Central Bank, Rosfinmonitoring, and exchange services. Five to ten platforms will emerge that will operate under the aegis of centralization through banking channels and with government support.

FL: What is the status of P2P in Russia?

D. M.: What is P2P? It involves buying and selling cryptocurrencies. This is legal here. The issue is that currently, the format of P2P platforms is extremely tense: probably one out of every three transactions is at high risk. You could end up on the lists of 115-FZ and 161-FZ, or worse, when officers come to search you while you were simply selling cryptocurrency.

As a result, many are shifting away from this and moving into other sectors. Nowadays, all drug trafficking occurs through P2P.

FL: P2P falls under the tax regime. What do you need to pay for and how?

D. M.: This topic is highly relevant today, and it’s crucial to address it. If you make earnings from crypto sales, you are required to pay taxes on that income.

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