Uncategorized 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|

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|

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 advocaten2026-02-12T21:03:36+01:0027 July 2024|Asset Recovery, Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms, Liability, Summary Proceedings, Uncategorized, 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|

Invalidation of CFD agreements for unfair trade practices – a refinement of case law

In September 2019, a client of our firm entered into an agreement with a Cypriot broker offering investment services through an online trading platform. These services include trading in Contracts for Difference (CFDs), complex and risky financial products that involve speculating on price increases or decreases in underlying assets such as stocks, currencies or commodities. Initially, our client was given a "retail account" with a leverage of up to 1:30, in accordance with the decision [...]

Hupkes advocaten2025-04-05T21:12:33+01:005 October 2021|Uncategorized|