{"id":13512,"date":"2025-03-05T22:38:06","date_gmt":"2025-03-05T21:38:06","guid":{"rendered":"https:\/\/www.hupkesadvocaten.nl\/summoning-defendant-via-email-in-crypto-fraud-cases\/"},"modified":"2025-03-05T22:38:06","modified_gmt":"2025-03-05T21:38:06","slug":"summoning-defendant-via-email-in-crypto-fraud-cases","status":"publish","type":"post","link":"https:\/\/www.hupkesadvocaten.nl\/en\/summoning-defendant-via-email-in-crypto-fraud-cases\/","title":{"rendered":"Summoning defendant via email in crypto fraud cases"},"content":{"rendered":"

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. <\/strong><\/p>\n

Ordinary summoning is too slow<\/h4>\n

Fraudsters almost always send stolen crypto to foreign cryotoexchanges. Under Dutch law, a case against a foreign party cannot be heard in absentia until a certificate of service has been returned from abroad. This goes through all sorts of bureaucratic channels and can take months – precious time during which fraudsters have the opportunity to cash out stolen cryptocurrency and disappear without a trace. <\/p>\n

Can service also be done by e-mail?<\/h4>\n

To address this problem, we use an innovative approach inspired by the Supreme Court’s 2007 Yukos case<\/a>. This recognized that for urgent summary proceedings, provable delivery of the summons via courier can also be valid. We are now applying this principle to crypto fraud cases by informing cryptoexchanges via email. <\/p>\n

This method allows the fraud victim to:<\/p>\n

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  1. \n

    Quick to act, often within days rather than months<\/p>\n<\/li>\n

  2. \n

    Proof of receipt to be obtained by digital means<\/p>\n<\/li>\n

  3. \n

    Significantly increase the likelihood of successful asset freezes.<\/p>\n<\/li>\n<\/ol>\n

    Scope of freezing orders<\/h4>\n

    A crucial aspect of this approach is the use of “freezing orders. These court orders go beyond simply freezing the specifically stolen cryptocurrency. They can: <\/p>\n