Fraud & Deception Archieven - Hupkes cs advocaten

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|

Recovering stolen crypto: the final steps

In our previous blogs, we outlined how stolen or fraudulently misappropriated cryptocurrency can be traced using blockchaintracing. We showed how we successfully obtained multiple "freezing orders" from Dutch courts in 2023 and 2024. A high-profile example was the case against Huobi in 2023, in which the court imposed a fine of as much as €2,000,000 to ensure that the account of the fraudulent customer was actually frozen. In summary proceedings, we ask not only for [...]

Hupkes advocaten2025-03-23T21:32:26+01:0023 March 2025|Asset Recovery, Cryptocurrencies, Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms, Liability, Summary Proceedings, Unlawful Act|

Summoning defendant via email in crypto fraud cases

As an attorney in crypto fraud cases, I regularly see how crucial speed is in securing or not securing stolen digital assets. One of the biggest challenges here is the timely summoning of foreign cryptoexchanges for so-called "freezing orders" or pseudo-conservatory attachments. These legal tools are essential to freezing the accounts of suspected fraudsters, but traditional methods of summoning can be too slow in the fast-paced world of cryptocurrency. Ordinary summoning is too slow Fraudsters [...]

Hupkes advocaten2025-03-05T22:38:06+01:005 March 2025|Asset Recovery, Cryptocurrencies, European Bank Account Preservation Order, Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms, Preservatieve Attachment, Summary Proceedings, Unlawful Act|

Cryptoexchange Kraken must make full disclosure about fraud

As a specialized firm in crypto fraud cases, we regularly see how victims struggle to recover their stolen digital assets. Although we have explained in previous blogs how accounts at cryptoexchanges can be frozen via a Dutch court order, even at foreign exchanges, this measure sometimes comes too late. Fraudsters have sometimes been able to clear accounts before any action can be taken. Every case is a race against the clock. An additional problem is [...]

Hupkes advocaten2025-01-07T14:37:14+01:007 January 2025|Asset Recovery, Cryptocurrencies, Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms, Unlawful Act|

Blockchaintracing has come of age and helps with crypto fraud

Blockchain tracing has become an essential tool in the fight against crypto fraud in the past 2 years, especially when stolen funds are funneled through blockchain networks. The transparency of the blockchain allows experts to track fraudulent transactions, even if they go through multiple addresses or complex routes. This creates legal opportunities to secure the stolen digital assets and crack down on fraudsters. Detection of exchanges and KYC data. Blockchaintracing can link specific blockchain addresses [...]

Hupkes advocaten2025-04-15T07:25:04+01:0030 December 2024|Asset Recovery, Cryptocurrencies, Financial law, Fraud & Deception, Summary Proceedings, 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 advocaten2024-12-14T20:56:33+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|

The money mule: victim or accomplice?

A recent court case has again highlighted the complex role of the so-called "money mule" in fraud cases. Geldezel argued a defense in the proceedings. What is a money mule? A money mule is someone who makes their bank account available to criminals to channel stolen money. This is often done under the guise of a lucrative side income or under pressure from the criminals. The money mule receives money in his account from a [...]

Hupkes advocaten2024-08-23T18:34:22+01:0023 August 2024|Asset Recovery, Financial law, Fraud & Deception, Invoice & CEO Fraud, Liability, Unlawful Act|

Applicable law in international investment fraud: preferably Dutch

International cases present specific challenges, particularly in the area of applicable law. A recent ruling shows how the legal system deals with these challenges. When victims of investment fraud live abroad, while the recipient of the funds is based in the Netherlands, the question arises as to which law applies. The law of the victim's country of residence (in this case, the United Kingdom) is then the main rule under private international law because the [...]

Hupkes advocaten2024-07-27T15:57:10+01:0027 July 2024|Asset Recovery, Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms, Liability, Summary Proceedings, Uncategorized, 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 NOSJune 14: Bunq's new security measuresMeanwhile, the new package of measures introduced by Bunq to control the frauds is known in more detail. An overview can be [...]

Hupkes advocaten2024-06-14T21:29:11+01:009 July 2024|Duty of Care Banks, Financial law, Fraud & Deception, Liability, Unlawful Act|

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 advocaten2024-03-04T19:09:33+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 advocaten2025-04-06T18:44:40+01:0030 January 2024|Asset Recovery, Contracts for Difference (CFD Providers), Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms, Terminology, 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 advocaten2023-10-30T11:56:54+01:0029 October 2023|Asset Recovery, Financial law, Fraud & Deception, Invoice & CEO Fraud, Liability, Preservatieve Attachment, Unlawful Act|