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Specialisms

Fraud and scams

When fraud is suspected, payment routes, correspondence and timing are important starting points.

General information. The legal assessment depends on the circumstances of each case.

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  • Circumstances

    Clarify the context

  • Evidence

    Preserve documents

  • Deadlines

    Explain any urgency

  • Approach

    Discuss the next steps

Immediate steps

What you should do first now

The following steps have proved useful in practice. They do not replace an assessment of the individual case, but they often improve the starting position – above all because traces and payment trails become harder to reconstruct with every passing day.

  1. 01

    Have payments stopped

    Contact your bank, credit-card company or payment service provider immediately and expressly ask for a recall of the payment. Depending on the payment channel and the timing, a recovery may still be possible.

  2. 02

    Make no further payments

    Not even for alleged fees, taxes, commissions or “releases”. Follow-up demands after the original loss are a typical pattern and increase the damage.

  3. 03

    Do not delete communications

    Preserve emails, chats, profiles, telephone numbers and links before accounts are locked or content is removed. Even a seemingly trivial history can later prove relevant.

  4. 04

    Gather evidence and payment data

    Transaction IDs, recipient accounts, wallet addresses, times and amounts. These particulars are the basis of any payment tracing.

  5. 05

    Break off contact, but keep a record

    Do not continue to respond to demands or threats. Do, however, continue to record new contact attempts rather than deleting them.

  6. 06

    Have the legal position examined

    Depending on the facts, civil claims, a criminal complaint or both may come into consideration. An assessment can be necessary in order to preserve time limits and to determine a sensible sequence of steps.

General information. The legal assessment depends on the circumstances of each case.

Overview

Between disappointment and a criminal offence

Not every failed deal is fraud. The offence of fraud (§ 263 StGB) requires that someone deliberately deceives, thereby induces another person into a mistake, that this person then disposes of their assets as a result, and that a financial loss arises – and that the deception was intended to enrich the deceiver or a third party unlawfully.

If one of these elements is missing, that does not mean you are without rights. Civil claims often exist alongside or instead – for example in contract, in tort or in unjust enrichment. Conversely, a matter can be relevant under criminal law without the pursuit of civil claims being economically worthwhile. Which direction will carry can only be assessed after the documents have been reviewed.

The term “scam” is used more broadly in everyday language than the legal concept of fraud. It also covers mass phenomena in which offenders work through platforms, call centres and accounts in several countries. For legal handling, therefore, it is usually not only the characterisation of the conduct that matters, but also the question of where assets are located and which legal system allows access to them.

Whether these conditions are met in the individual case is a question of the evidence. An assessment may be necessary before a complaint is filed or claims are asserted.

Four points to examine

  1. 1

    Deception

    Were false statements made or material circumstances concealed?

  2. 2

    Mistake

    Did that deception create a mistaken understanding of the facts?

  3. 3

    Disposition of assets

    Was a payment, transfer or release made as a result?

  4. 4

    Financial loss

    Did this cause an economic disadvantage?

Specialisms

Digital and international fraud patterns

The boundaries between patterns are fluid. The actual sequence of events is decisive for the legal assessment.

Overview

Preservation of evidence and payment tracing

Two lines of work often decide the prospects of success in fraud cases: a clean evidential position and the question of where the money actually went. Both become harder to reconstruct over time – early action can therefore make a difference.

Preserve documents and payment details in an organised form.

Preservation of evidence

Preserve documents so that they remain traceable and usable later.

  • Full screenshots with date, time and a visible URL – not merely cropped images
  • Export original emails including technical headers; do not photograph them
  • Save chat histories as a file or archive before accounts are locked
  • Payment receipts, transaction IDs, recipient details and wallet addresses
  • Names, telephone numbers, profiles, company and register details of the other side
  • A chronological overview of the sequence of events, with amounts and times of contact

Do not alter original files, and store copies separately. Even content that has already been deleted can sometimes still be reconstructed – so mention it.

Payment tracing

Which routes come into consideration depends on the means of payment and on how much time has passed.

Bank transfer and SEPA
A recall through the bank may be possible depending on the timing and the receiving bank. For cross-border payments, the bank in the destination country must also be involved.
Credit card
A chargeback procedure may come into consideration. Tight time limits apply here, and they differ from one card scheme to another.
Payment service providers
Buyer-protection and reporting procedures can be used. A refusal in the first decision does not rule out further steps.
Cryptocurrencies
Transactions are in principle traceable. Whether trading venues freeze funds on request depends on their seat and on the applicable legal position.
Accounts abroad
Working with local law firms and authorities may be necessary. Our network covers Germany, the United Kingdom, Estonia, France and the Netherlands.

Whether, and to what extent, funds can be secured or recovered depends on the individual case. An outcome cannot be promised.

Overview

Civil claims and criminal-law aspects

The two routes pursue different aims and can usefully complement each other. Which combination will carry in your case is a question of the evidence, of the other side's financial position and of the legal systems involved.

Civil law

Aim: compensation for your loss

Objectives

  • Repayment of amounts already paid
  • Damages for further losses
  • Injunction and removal, for example in the case of fake websites

Legal basis

Possible bases include contractual claims, § 823 and § 826 BGB, and unjust enrichment under § 812 BGB.

Possible measures

  • Letter of claim with a deadline
  • Information and surrender claims against third parties
  • Interim relief to secure assets
  • Action and, depending on the facts, enforcement abroad

The burden of proof lies, as a rule, with the injured party. Whether enforcement is economically worthwhile should be examined in advance.

Criminal law

Aim: pursuit of the offenders and securing of assets

Objectives

  • Opening of official investigations
  • Access by the authorities to accounts and data
  • Seizure of assets

Legal basis

Among the provisions that may come into consideration are § 263 StGB (fraud), § 263a StGB (computer fraud), § 269 StGB (falsification of data relevant as evidence) and § 261 StGB (money laundering).

Possible measures

  • Criminal complaint with a structured account of the facts
  • Application for inspection of the file as the injured party
  • Adhesion proceedings to assert the claim within the criminal case
  • Proposal of an asset freeze

Whether investigations are opened, how far they go and how they conclude is for the authorities to decide. A particular course cannot be predicted.

Why the sequence matters

Often both routes run in parallel. A criminal complaint can open up findings that would otherwise be difficult to obtain in civil proceedings – for example through inspection of the file. Conversely, a civil step taken too early can set assets in motion before they have been secured. We therefore align the sequence with the individual case, rather than proceeding schematically.

Trust. Clarity. Working together.

Law knows no borders. Trust finds solutions.

Cross-border matters call for a clear understanding of contracts, payment routes, evidence and jurisdiction. Whether you suspect fraud, face a business dispute or have a personal concern, we begin with your situation and the outcome you seek. Together, we clarify which documents are needed, which deadlines matter and which next steps may be available. Where a matter involves more than one country, the relevant jurisdictions and procedures also need consideration. Before any engagement, responsibility, the scope of work, fees and terms are discussed separately. This gives you a clear basis for your decision and helps you understand which information is important for the way forward.

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  • General information. The legal assessment depends on the circumstances of each case.

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