Duty of Care Banks Archieven - Hupkes cs advocaten

Case law review blockchaintracing and freezing crypto account 2026

ECLI:NL:RBMNE:2026:1482 Rechtbank Midden-Nederland, 31-03-2026, C/16/605902 / KG ZA 26-30 Summary proceedings. Default. Disclosure of name and address information and freezing of account by platform of crypto currency due to possible investment fraud (boiler room fraud) user account. International civil law. Jurisdiction article 6 under e Rv. Dutch law applicable (cryptoexchange: Bitfinex). ECLI:NL:RBDHA:2026:7315 Rechtbank Den Haag, 18-03-2026, c/09/694014 HA ZA 25-972 Jurisdiction of Dutch court for boiler room fraud. Jurisdiction incident of Kyrrex UK Ltd which [...]

Hupkes advocaten2026-04-14T20:01:56+01:0014 April 2026|Asset Recovery, Cryptocurrencies, Duty of Care Banks, Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms, Preservatieve Attachment, Uncategorized|

Case law overview blockchaintracing & freezing crypto accounts 2025

Several crypto fraud verdicts and LE orders were again published in the past year. Several cases involved swaps, a clear trend in crypto fraud cases. Swaps are increasingly common in cryptocurrency fraud because swaps have a concealment effect: blockchain tracing goes as far as the blockchain address of the swap platform, which must provide data to establish what the stolen assets are converted into and where they are sent (the "dataset"). By 2025, several judges [...]

Hupkes advocaten2025-12-27T17:51:49+01:0027 December 2025|Asset Recovery, Cryptocurrencies, Duty of Care Banks, Financial law, Fraud & Deception, Preservatieve Attachment, Summary Proceedings, Uncategorized, Unlawful Act|

Nested services and liability in crypto fraud: a blind spot in the chain

Increasing role of nested services in crypto fraud In recent crypto fraud cases, we observe a clear trend: nested services play an increasingly prominent role in trading crypto assets obtained from fraud. These services receive crypto currency from fraudsters, sell it through accounts on major exchanges to bona fide third parties, and then distribute the proceeds to a hidden user of the nested service. These users remain out of view to the exchange on which [...]

Hupkes advocaten2025-05-01T21:09:40+01:002 May 2025|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|

Turning point in bank fraud case law?

Victims of bank fraud who lose their money due to unauthorized payment transactions often face an uphill battle against banks. Evidence is often lacking about how fraudsters authorized the payments, which reduces the likelihood of a successful lawsuit. Past challenges In the past, it was difficult for victims to win their case, especially if they could not prove how the payments were authorized. Judges require victims to explain exactly how the fraud was carried out [...]

Hupkes advocaten2025-03-29T15:44:02+01:0029 March 2025|Asset Recovery, Duty of Care Banks, Financial law, Liability, Unlawful Act|

CFD broker Trade Capital Markets must refund deposit to duped investor

A Cypriot CFD broker operating in the Dutch market must refund the deposit to an investor that will evaporate its assets. This is the outcome of proceedings at the North Holland District Court. The case concerns a dispute between a retail investor and Trade Capital Markets (TCM) Ltd, an online broker based in Cyprus. Our client entered into an agreement with TCM in January 2020 to invest in CFDs (Contracts for Differences). In the period [...]

Hupkes advocaten2025-03-13T19:14:17+01:0013 March 2025|Contracts for Difference (CFD Providers), Duty of Care Banks, Financial law, Investment Fraud & Boiler Rooms, Judgments, Uncategorized, Unlawful Act|

The ‘ex parte’ order measure: a cross-border freezing order of cryptocurrency

As a specialized attorney in crypto-fraud cases, I increasingly see complex, cross-border cases where traditional legal means fail. A recent case illustrates how creative legal thinking and the flexibility of the Dutch legal system can lead to effective solutions for victims of international fraud. Traditional boiler room fraud using cryptocurrency as means of payment In this case, victims from he UK, my clients, were targeted by a sophisticated boiler room fraud. The scammers, believed to [...]

Hupkes advocaten2026-02-12T21:02:23+01:0014 December 2024|Asset Recovery, Cryptocurrencies, Duty of Care Banks, European Bank Account Preservation Order, Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms, Summary Proceedings, Unlawful Act|

Information for victims of BUNQ bank fraud

This page is intended as a blog with the latest information for victims of Bunq bank account fraud. The latest news can be found at the top. Watch here the broadcast of Kassa about fraud at Bunq Listen here to the podcast "The robbed customers of Bunq" of NOS June 14: Bunq's new security measures Meanwhile, the new package of measures introduced by Bunq to control the frauds is known in more detail. An overview [...]

Hupkes advocaten2026-02-12T21:05:05+01:009 July 2024|Duty of Care Banks, Financial law, Fraud & Deception, Liability, 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|

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|

ABNAMRO broadens compensation for spoofing fraud

ABNAMRO Bank has just announced that it will also compensate customers for damage caused by spoofing fraud in specific cases of "gross negligence". Until now, this bank has been stricter in assessing fees requested than the other banks. In spoofing fraud, a scammer takes possession of a victim's bank balance by calling the bank's unique number, giving the scammer the confidence that it is a real bank employee who is calling. Spoofing is technically still [...]

Hupkes advocaten2023-10-10T17:12:33+01:0013 January 2022|Duty of Care Banks, Fraud & Deception|

What is a “money mule”?

A money mule or “money mule” is a person who makes his checking account available to a criminal to receive and transfer criminal loot. If the criminal approaches the money mule, the crime (in which the bank account of the money mule plays a central role) has yet to be committed. The damage can be high.

Hupkes advocaten2024-03-07T16:54:37+01:0030 December 2020|Duty of Care Banks, Fraud & Deception, Terminology|

What is a boiler room?

A boiler room is a criminal organization that extorts money from people through fake investments. Boilerrooms disappear after a while and the loot is often hard to find after that. Method There is not one typical method for this criminal activity. Many boiler rooms approach their victims by telephone and persuade them to invest via a website. This website can give access to a (fake) account where the victim is led to believe that his [...]

Hupkes advocaten2026-02-12T21:13:47+01:0029 September 2019|Duty of Care Banks, Investment Fraud & Boiler Rooms, Terminology, Unlawful Act|

Does a bank have a duty of care towards third parties?

When you think of a duty of care of banks, you think in the first place of the customers. But the duty of care can also relate to third parties. For example, a customer of the bank can be a swindler, who uses the checking account to receive deposits from victims, after which that money is funneled away. Can you sue the bank for the damage? Is the bank expected to monitor suspicious transactions from its own customers to protect non-customer third parties?

Hupkes advocaten2022-08-17T17:58:46+01:003 May 2019|Duty of Care Banks, Liability, Unlawful Act|