Asset Recovery Archieven - Page 2 of 2

Domestic cryptoexchanges: conservatory attachment or injunctive freezing order?

When recovering stolen cryptocurrency or establishing recourse to crypto that is nothing more than a new guise of stolen bank assets after fraud, speed is of the essence. It is therefore crucial to have adequate legal tools in place to secure assets. An important question here is: can you impose a regular conservatory attachment on a Dutch cryptoexchange such as Bitvavo, or do you have to rely on a 'freezing order' through the summary proceedings [...]

Hupkes advocaten2024-04-27T20:21:29+01:0027 April 2024|Asset Recovery, Cryptocurrencies, Financial law, Preservatieve Attachment, Summary Proceedings, Unlawful Act|

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|

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|