The accuser claims that according to the fraudulent scheme, the person ordering the goods at whose order the bill of lading will be drawn up will be a corporation owned by straw men and controlled by defendant 1, or a fictitious name will be presented behind which there is no real corporation. It was further claimed that according to the fraudulent scheme there would be no connection between the bank customer, the opening of the letter of credit, and the basic transaction, which is the transaction for the supply of goods. In this way, even if the letter of credit is not honored, the supplier of the goods will not be able to bring claims to the bank customer who opened the letter of credit, for goods that were supplied to the customer, or were taken illegally by the customer or anyone on his behalf.
A main condition in this plot is to send an original and negotiable bill of lading to the order of the principal or to a shell company controlled by defendant 1 or to a fictitious company, adjacent to the goods themselves or directly to the office of defendant 1. In this way, according to the lawsuit, the ordering party will be able to release the goods from the transport company and the customs authorities by means of the aforementioned bill of lading, even if the bank does not honor the letter of credit and the bank that opened the letter of credit does not turn the bill of lading in its favor.
Due to the failure to honor the letter of credit in the manner detailed above, the bank customer will not be charged the cost of the letter of credit and defendant 1 will not be charged payment for the import, other than the commission that he paid to the bank customer, for the very provision of the credit volume for his use.
The ordering party will be able to release the goods by means of the bill of lading, which was prepared by order of a shell company under the control of defendant 1 and by means of a fake supplier account.
If the original plan does not go well, and the supplier provides the bank with documents that match the terms of the letter of credit, then the customer will release the goods from customs while defrauding the tax authorities by reducing the amounts of customs, purchase tax and VAT, which must be paid for the import of the goods.