By Boldnews.al
The prosecution has closed its eyes to real facts, where an individual shows a scheme of credit fraud.
Boldnews.al has investigated the way these high interest loans are granted, while the private bank does not pay tax on the Bank of Albania.
However, in the documents owned by Boldnews.al, it is doubtful that the prosecution in this case has kept the side of the National Commercial Bank and the Bank of Albania. Representatives of the prosecutor’s office, BKT and BoA, have become parties to the court trial against denouncer Olsi A. However, the latter has managed to “win” a battle, but not the war, after he has persuaded the panel that the allegations his rights are right. In the end, the court has smelled a mega-affair and has decided to re-issue this issue.
What did the parties claim in court proceedings? Boldnews.al has secured their claims, which details them as follows. According to the prosecutor’s office, the allegation of the predicate that the bank in the conditions it had had to automatically transfer this amount (over 3000 euro) in his favor after the termination of the loan repayment does not stand because according to the contract, between the Bank, the forerunners and the entrepreneurs construction, this amount should be in favor of the company, by agreement in the concrete case between the parties and the only way for this amount to be transferred is its passage with the approval of the predicate in order to transfer the ownership to the storyteller.
So in the concrete case, says the prosecution, we are not dealing with the wrongful act or wrongful holding of the sum in question by the bank, but a contractual relationship between the parties and the bank would otherwise violate one of the contract points .
Also, regarding the claims of the complainant, which he has filed with the BoA, he has been asked for the latter’s information with the letter no. 9557 prot dt. 23.06.2015, where BSH, with their letter no. 3869/1 dt. 30.06.2015 has informed on the allegations of the complainant and on the functioning of the BoA regarding the supervision of the financial institutions, namely BKT.
In the present case, the BoA has informed about the real status of the borrower’s status, namely the correspondents, for correspondence between BoA and BKT for this problem, and it has been clarified by the allegor regarding the fact that the BKT did not may grant the amount of 3,200 euros in his favor.
Regarding the coverage in the Credit Loan Register of Olsi A. teller, the BoA has explained that the coverage was incorrect by BKT and with his interest and BKT’s notice on this fact they itself, in accordance with the BoA regulation no. 67 dated 13.10.2010 “On the Content of Information and Functioning of the Credit Registry at the Bank of Albania”, Article 16 “Responsibility for the Accuracy of Information and Data”.
As mentioned above, for all allegations of the predicate, both BKT and BSH, has explained in detail for any uncertainties or irregularities ascertained by him.
For the fact that the creditor of the storyteller in 2008 was transferred from the initial branch where he was applied by the borrower to another branch, it is considered as the internal procedural action of the financial institution’s banking operations. These banking operations have not brought any financial consequences for the borrower since nothing has changed in terms of the terms of the loan, but only the branch of performing the operational actions and the location of all the loan documentation.
The accusation states that, regarding status reviews in his credit registry and his family members, the respective specifications have been made by the BKT itself, despite the fact that the register did not reflect any problematic element or harm the legitimate interest of the borrower.
Claims for incorrect reflection of the loan have actually been raised at a time when the borrower has not had any liabilities against the LCI lender and has not been reflected as a non-performing loan. Incorrect observation of the loan has not brought consequences to the detriment of the predicate. These reflections performed in the Credit Registry are intended to report the financial institution to the BoA on the establishment of a database on loans in order to identify problems with bad loans and take measures from financial institutions for future vis-à-vis individuals or legal entities applying for bank loans.
From the correspondence with the BoA, it does not appear that for the fact of incorrect coverage of the creditor of the denouncer have resulted in major problems or that by the BoA, as the oversight body of BKT activity, administrative measures, where concrete administrative violations or violations of the regulation are reflected, as the regulation itself provides that if inaccuracies are noticed, they are regulated and specified by the rapporteur, ie the concrete bank reporting.
In the end, it was adjudicated with the decision of 30.12.2015 that it decided to terminate the criminal proceeding No. 5864 of 2015 with the justification that it is not the element of any criminal offense that would bear criminal responsibility as representative of BKT and BSH, for allegations by the storyteller.
At the hearing, the prosecutor stated that the prosecution body had documented all the acts and asked all the persons where it came to the conclusion that it is not an element of any criminal offense that would bear criminal responsibility as representative of BKT – as well as the BoA, for allegations by the storyteller.
The decision states that the representative of the third person of BKT, Mr. Islam Jasharllari states that the prosecutor has acted fairly in his decision-making by deciding to dismiss the criminal report no. 5864 of 2015 and as a consequence the decision should be upheld by the reasoning that the conflict actually turns out to be civil with a high return object stemming from the loan contract, a relationship governed by the Civil Code.
Meanwhile, the representative of the third person of the Commissioner for the Right to Information and Protection of Personal Data, Avenir Nurellari, is expressed to overturn the petitioner’s request and to leave the decision of the prosecutor in power. The BoA representative, Klevis Kumbaro, stated that Olsi A.’s claim should be dismissed as unfounded in evidence and in law. During the main trial of the case, petitioner Olsi A. argued the request made by him, insisting that it is necessary to continue further investigations to carry out some procedural actions that clarify the allegations presented in the criminal report requesting that the prosecutor’s office concrete tasks are assigned.
Finally, after listening to the allegations of the parties, the court came to a complete conclusion based on all evidence in the criminal proceeding No. 5864 of 2015 during the main trial that Olsi’s search is fair and based on evidence and law and as such should be accepted and the decision of the prosecutor’s office to fail to initiate the criminal proceeding No. 5864 of 2015 should be abolished and should be returned to the prosecutor’s office for further investigation. One of the duties left by the court to the prosecution is the question of all BKT and BoA officials. Also, the teller will be questioned again.
