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Security1 publisher2 min readPublished

Ukraine's parliament makes running a fraud call center its own criminal offense

Bill No. 10190 passed on Sept. 16 with 313 votes and adds Criminal Code articles for creating, joining or recruiting into an electronic communications fraud organization. NABU detained a prosecutor's cyber chief twelve days earlier.

The Watch · Security desk

Photograph accompanying Ukraine's parliament makes running a fraud call center its own criminal offense
Photo: english.nv.ua

What happened

  • Ukraine's parliament passed bill No. 10190 on Sept. 16 with 313 lawmakers in favor, according to a statement from the Verkhovna Rada and MP Yaroslav Zheleznyak.
  • NABU and SAPO detained Serhii Kropyva, head of the Prosecutor General's Office cyber department, saying he may have covered up a network of scam call centers and laundered the proceeds.
  • The High Anti-Corruption Court placed Kropyva in custody until Nov. 2, with release possible on 120 million hryvnias in bail.

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Why it matters

  • capability Prosecutors get a charge that fits the org chart of a call center floor, including the recruiter who supplies staff, instead of fitting the operation into the general criminal-organization article first.
  • exposure The people Kryvonos described as tens of thousands of young people on these floors are now individually chargeable by role, and the victims he named sit in Ukraine's European partner states.
  • constraint The Kropyva detention says the bottleneck sat inside the prosecution service, so a new offense does nothing about cases that were being covered up rather than left uncharged.
  • contradiction Kryvonos frames the networks as possible Russian sabotage while Osadchuk describes a criminal industry, and which reading wins decides whether counterintelligence or ordinary fraud units own the files.

NABU's Sept. 4 case against Serhii Kropyva was built on Article 255, creating, leading or participating in a criminal organization, and Article 209, money laundering, with up to 15 years for those convicted [9][10]. Both are general articles. Article 255 makes a prosecutor establish the organization before the fraud.

Zheleznyak said the code will now also include articles on the creation and leadership of an electronic communications fraud organization, participation in such an organization, and recruiting others into it [4]. Recruitment is the part that governs volume. A floor that churns staff needs someone bringing in the next intake, and that role now carries a count of its own [4].

A second set of provisions reaches the data supply. The law criminalizes illegal collection, storage and use of personal data, banking secrecy information and payment instrument details where the purpose is taking someone else's property [2]. It also introduces a formal corpus delicti intended to make systemic schemes easier to prosecute, financial pyramids included [3]. The report does not say when the provisions take effect [14].

Two officials have put the workforce in the tens of thousands. NABU Director Semen Kryvonos said tens of thousands of young people are effectively engaged in fraudulent activity, that the call centers target Ukraine's European partners and not Russians, and that the networks could amount to a Russian sabotage operation [5]. Andrii Osadchuk, first deputy head of parliament's law enforcement committee, told Radio NV that the scam call center industry likely still exists and involves tens of thousands of people [6]. Both figures are estimates by officials.

For a bank or telecom outside Ukraine sitting on abuse reports, what changes is the charge available in a Ukrainian file: participation or recruitment by role, without a criminal-organization theory carrying the whole case [4][9].

Twelve days separated the detention of the Prosecutor General's Office cyber department head from the vote [2]. NABU and SAPO said Kropyva may have been involved in covering up a network of scam call centers and laundering illegally obtained property, and NABU said five people were exposed in the proceedings [8][9]. He is suspected of laundering more than 89 million hryvnias in assets, and the High Anti-Corruption Court put him in custody until Nov. 2 with release possible on 120 million hryvnias in bail [12][11]. The bail is about 1.35 times the sum he is alleged to have laundered [1]. His lawyers said they plan to appeal the court's decision [13].

What to watch

  • Whether the bill is signed and published, which fixes the date the new articles can be charged.
  • Whether the next NABU or SAPO call center file is charged under the new fraud-organization articles instead of Article 255.
  • The outcome of the appeal Kropyva's lawyers said they plan against his custody to Nov. 2, and whether the 120 million hryvnia bail is posted.
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