Preservatieve Attachment Archieven

From a freezing order to an actual asset recovery

Gelderland District Court offers a practical route to redress in cases of crypto fraud Can a Dutch court order a foreign crypto exchange to transfer digital assets frozen following a crypto fraud directly to the victim? The Gelderland District Court has answered this question in the affirmative. Two consecutive rulings demonstrate how a victim of crypto fraud can not only have assets held by an exchange frozen, but can ultimately also obtain actual restitution. From [...]

Hupkes advocaten2026-09-07T20:39:29+01:007 September 2026|Asset Recovery, Cryptocurrencies, Duty of Care Banks, Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms, Liability, Preservatieve Attachment, Summary Proceedings, Uncategorized, Unlawful Act|

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|

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|

Case law overview blockchaintracing & freezing crypto accounts 2024

In 2024, several judgments have been rendered on crypto fraud, ordering cryptoexchanges to freeze accounts of (suspected) fraudulent users and to provide name and address details of these users. One of the challenges in these types of cases is the summoning of the defendant, who is often located in a (far) foreign country - often also in a country not party to the Hague Convention on service of process. In that situation, it can take [...]

Hupkes advocaten2024-12-30T17:54:59+01:0030 December 2024|Asset Recovery, Cryptocurrencies, Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms, Preservatieve Attachment, Summary Proceedings|

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|

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|

Is attachment at the expense of an unknown counterparty possible?

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?

Hupkes advocaten2022-08-19T11:33:22+01:0012 August 2018|Fraud & Deception, Preservatieve Attachment, Unlawful Act|

How do you get rid of a bank account preservative attachment?

Seizure on a bank account is quite a nuisance for the person it affects. This certainly applies if the bank sets aside the entire balance of the account, while the stake in the legal dispute is lower than the balance. What is a quick solution to clear the bank account? In legal practice, a lot of work is done with depositing security into a third-party account of a lawyer. This warranty is equivalent to attachment.

Hupkes advocaten2022-08-19T11:39:11+01:008 April 2018|Appeal, How To, Preservatieve Attachment, Summary Proceedings|