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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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.
It regularly happens that international fraud is committed with the help of a Dutch bank account, which is used to receive and pass on money. What does this form of fraud look like and what can be done about it? International invoicing fraud Several parties are involved in this form of fraud. In the first place, a party that trades with another party. For example: an Italian company does business with a company in Great [...]
The term empty shell stems from the financial world. It can relate to securities (such as, for instance, trackers or bonds) that do not have a countervalue approaching the nominal value or official exchange rate because the deposit on issue has not flowed into the capital of the issuing entity. Special purpose vehicle An example from legal practice of an empty shell is a bond loan that is not fully paid up by the enterprise [...]
ING has been fined by the Public Prosecution Service because the bank does not act properly against money launderers. Criminals who transfer money through ING are not dealt with properly by the bank. There are many developments in the field of money laundering, mainly due to new technological possibilities. De Nederlandsche Bank (DNB) not only supervises the stability, but – in keeping with the spirit of the times – also the integrity of the financial [...]
In scams, the perpetrator likes to stay out of the picture. Banks allow scammers to open a bank account with an unclear name so that the identity of the account holder is unclear. Can the bank account still be seized then, although in a court proceeding you have to know who the other party is?
Undue payment is an important term from the Dutch Civil Code (BW). The term can be used by a plaintiff in a lawsuit as a basis for ordering the other party to pay a sum of money.
Dutch entrepreneurs can set up a foreign legal entity such as the English "Limited" (Ltd.) with which they are only active in the Netherlands. Sometimes it concerns entrepreneurs with a history of fraud or bankruptcy, who - not for the first time - do not fulfill their obligations. What if you have money from such a limited and the company does not pay? Can you go to the Dutch court to file for bankruptcy or do you have to conduct expensive proceedings abroad?
We have received many positive responses to our article on tackling scammers dated April 2, 2016. Most of the responses came from people who have been victims of a scammer. We also received many questions about the legal means that a lawyer can use to recover the damage from a scammer. The article was about tackling scammers through civil courts. Words like “fraud” and “fraud” are not in the Civil Code. So what are the tools we use to recover money from a scammer in a lawsuit? In this article we give a look into our kitchen. This is how we work if we summon a scammer and arrange compensation for you.
It is always advisable to report the scammer. Scams just don't have the highest priority. Violent cases, murder and burglary often receive more attention. Moreover, investigative work in fraud and fraud cases takes a lot of manpower and time; scammers often work smart. So you should not have too high expectations of detecting and prosecuting scammers. Moreover, and that is what this article is about, recovering the embezzled money or claiming damages is not the job of the police. You need to see a lawyer for that.