Articles - Page 2 of 6 - Hupkes Lawyers, Amsterdam, The Netherlands

European bank attachment in practice

The European Account Preservation Order (EAPO), based on Regulation (EU) No. 655/2014, allows creditors to make cross-border attachments of bank assets in EU member states. The instrument simplifies securing claims by filing an application in the national court, without the need for a separate procedure abroad. An EAPO attachment is particularly valuable in cases where swift action is required to prevent a debtor from hiding assets to frustrate recovery. The CFD broker case: seizure of [...]

Hupkes advocaten2024-03-29T15:53:18+01:0029 March 2024|Asset Recovery, Contracts for Difference (CFD Providers), European Bank Account Preservation Order, Financial law, Investment Fraud & Boiler Rooms, Preservatieve Attachment, Uncategorized|

Do investors and CFD brokers have a conflict of interest in contracts for difference?

A lot goes wrong when investing in CFDs. Our firm has handled more than 60 cases in recent years against foreign providers of CFD investments. The AFM and the Fraud Helpdesk warn about unreliable providers. What exactly is the problem with these investment products? What is a CFD? Many inexperienced investors who get into "contracts for differences" think that a CFD is a type of stock with a buyer and a seller. The seller [...]

Hupkes advocaten2026-02-12T21:06:53+01:0012 March 2024|Contracts for Difference (CFD Providers), Financial law, Investment Fraud & Boiler Rooms|

Does a lawsuit against a CFD broker stand a chance of success?

What is the chance of success of a lawsuit against a CFD broker? We are often asked that question! In this article, we clarify what kind of behavior by a CFD broker can be grounds for the court to order the broker to refund the deposit. We also explain the difference between a licensed CFD broker and a boiler room selling CFDs. The three points for a succesfull lawsuit In the following three situations, a [...]

Hupkes advocaten2026-02-12T21:08:13+01:004 March 2024|Contracts for Difference (CFD Providers), Cryptocurrencies, Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms|

The investment fraudster’s roadmap: 5 tricks a boiler room uses to defraud customers

How do you know if you have fallen into the nets of an investment fraudster, an online scam or an untrustworthy CFD broker? All these scams work according to the same playbook; step by step, the investor, who is actually a prey, is lured into the trap. Phase 1: the positive phase In the first stage, the investment fraudster does not show his true face, but presents himself as friendly and helpful as possible. He [...]

Hupkes advocaten2023-02-01T12:30:09+01:0015 February 2024|Contracts for Difference (CFD Providers), Fraud & Deception, Investment Fraud & Boiler Rooms|

Margin calls and swaps in CFDs (contracts for differences)

Those who start investing through a CFD broker often face "margin calls," or obligations to add money, which increase the risks of this form of investing. Margin calls and swaps (charges over holding positions) can cause these investments to evaporate. What are CFDs? Contracts for Differences are not stocks but derivative, indirect investment products. The investor and the counterparty enter into a temporary contract speculating on a price decline or conversely a price increase in [...]

Hupkes advocaten2026-02-12T21:09:05+01:0030 January 2024|Asset Recovery, Contracts for Difference (CFD Providers), Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms, Terminology, Unlawful Act|

Duty of care to third parties: who must prove?

A recent ruling by the interim relief judge of the Amsterdam District Court provided an interesting decision on the issue of proof regarding banks' duty of care to third parties in fraud cases. The case involved an American woman, a client of our firm, who had been the victim of a hack in which €200,000 had been transferred to the account of a money mule with an account at ING. Although the main claim was [...]

Hupkes advocaten2023-11-29T16:04:17+01:0029 November 2023|Asset Recovery, Duty of Care Banks, Financial law, Liability, Summary Proceedings, Unlawful Act|

Freezing wallet cryptocurrency helps fraud victims

For the first time, a Dutch court has issued an order for a cryptoexchange to freeze a so-called "wallet" to prevent fraudsters from selling stolen crypto. This measure is an important step for victims of fraud involving cryptocurrency. Fraudsters' modus operandi There are many different types of fraud in which crypto-currencies play the role of a means of payment. For example, there are so-called "boiler rooms" that demand payment in cryptocurrency. Boiler rooms are websites [...]

Hupkes advocaten2023-11-27T15:16:28+01:0025 November 2023|Asset Recovery, Cryptocurrencies, Duty of Care Banks, European Bank Account Preservation Order, Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms, Liability, Preservatieve Attachment, Unlawful Act|

Fraud and scams with a Dutch bank account, what to do?

International fraud with fake websites, billing fraud, investment fraud and other scams where fraudsters elicit payment on an incorrect bank account number with victims living in other countries is unfortunately common. Our firm has handled dozens of such cases in recent years. In this blog, for victims who do not live in the Netherlands, we describe the options for recovering money if a Dutch bank account number is involved in the fraud. What types of [...]

Hupkes advocaten2026-02-12T21:10:24+01:0029 October 2023|Asset Recovery, Financial law, Fraud & Deception, Invoice & CEO Fraud, Liability, Preservatieve Attachment, Unlawful Act|

Increase in fraud via Anydesk and cryptocurrency wallets

Our firm is seeing a sharp increase in fraud using "screen sharing software" from Anydesk, Teamviewer and Screenleap and cryptowallets used to siphon off money. investment fraud This is a new form of investment fraud, which begins with arousing interest in complex investments (Forex, CFDs or cryptocurrencies). The criminal organization uses an investment website where the duped person creates an account. In reality, this is a boiler room; in fact, there are no real investments [...]

Hupkes advocaten2026-02-13T14:33:18+01:003 September 2023|Asset Recovery, Cryptocurrencies, Fraud & Deception, Investment Fraud & Boiler Rooms, Unlawful Act|

Second Opinion

Before you decide to appeal, you want to know what your chances are. That is why we offer you a second opinion on your case at the court. Before you decide to appeal, you want to know what your chances are. That is why we offer you a second opinion on your case at the court. We then look at the chance of an appeal, but also at the approach of the case to the [...]

Hupkes advocaten2024-03-07T17:01:16+01:0025 January 2023|Appeal|

New CFD broker from Cyprus focuses on Dutch people

The Cypriot CFD broker Capixal sells CFD investments on the Dutch market. A report has been received at our office of extensive damage. We're starting a lawsuit.

Hupkes advocaten2023-11-08T12:49:32+01:006 June 2022|Contracts for Difference (CFD Providers), Investment Fraud & Boiler Rooms|

Lawsuits against new CFD brokers from Cyprus

In recent months, our office has received many complaints about evaporation of investments in CFDs through brokers that have recently been active on the Dutch market, which focus on Dutch consumers. New labels, but the same method The parties that have become active on the Dutch market in recent months are: Tradedwell ( https://www.tradedwell.com/nl ), a label of iTrade Global (Cy) Ltd. IGMFX ( www.igmfx.com/nl ), a label of IGM Forex Ltd Phoenix Markets ( [...]

Hupkes advocaten2023-07-26T13:54:35+01:0014 April 2022|Contracts for Difference (CFD Providers), Investment Fraud & Boiler Rooms|

Cash deposits valid reason for termination of bank relationship?

As a result of the obligations under the Wft and Wwft, a tendency has become visible that banks are trying to exclude more and more customers with large amounts of cash flows. In addition, they often try to end existing customer relationships with these types of customers and even, in the experience, sometimes look for nails at low tide to get rid of those kinds of customers. Customers with a lot of cash flows therefore [...]

Hupkes advocaten2022-08-17T17:43:42+01:0013 April 2022|Duty of Care Banks|

Being sick as an employee, what now?

When is an employee sick? There are several aspects to look at to determine whether an employee is sick or not. And if an employee is ill, does the employee have obligations? And does an employer have obligations? In this blog you can read about illness among employees and the obligations that arise from this from both the employee and the employer. Sick according to the law When a sick employee is referred to, the [...]

Hupkes advocaten2024-03-07T21:45:12+01:0010 April 2022|Various|

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