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Specialisms

On the telephone there was pressure, an official and a deadline – all of it was invented.

Telephone fraud creates an exceptional situation and keeps it going. The call is not meant to persuade, but to prevent thinking or speaking with anyone: an emergency in the family, an alleged proceeding, a security problem on the computer. That is why the question of why it worked rarely helps afterwards – what still remains possible in the hours that follow is more important.

  • Circumstances

    Clarify the context

  • Evidence

    Preserve documents

  • Deadlines

    Explain any urgency

  • Approach

    Discuss the next steps

Immediate steps

Immediately after the call

If payment has already been made or access granted, the next hours count. The sequence is: end the access, stop the payment, preserve evidence, file a report.

  1. End the call and call back yourself

    Hang up and call the alleged institution back on a number you have looked up yourself – not the number displayed or given. Use a different telephone if possible, because an existing connection can be held open.

  2. Stop the payment and request a recall

    Contact your bank immediately, have cards and online banking blocked and expressly request a recall of the transfer. If a cash handover is still pending, do not carry it out and notify the police via the emergency number.

  3. End remote access to the device

    Disconnect the computer from the network, remove the installed remote-maintenance software and have the device checked. Then reset the access details for online banking and email from another device, as they may have been read during the session.

  4. Write everything down while the memory is fresh

    Record the date, time and duration of the calls, the displayed telephone number, the names and official titles given, the wording of the demand and a description of any collector. Also preserve the call list, messages and payment receipts.

  5. File a report and inform those around you

    File a report with the police. At the same time inform relatives or neighbours, because experience shows that these calls occur in series within the same street or the same residential building. This information is often the most effective protection for further people affected.

  6. Do not take any further call

    After a successful offence, a second call often follows – allegedly for reversal, a witness statement or a refund, combined with a further demand. End such conversations, note them down and do not disclose any further data.

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Overview

The three recurring variants

The shock call begins with a crying voice or a third person reporting an accident, an arrest or an urgent bail demand. The person called is meant, in the agitation, to name a name themselves, which is then taken up. A calm voice then takes over – police, public prosecutor’s office, court – and names an amount that must be handed over or transferred immediately. The call is not ended until the handover, so that no enquiry is possible.

With fake officials, an alleged investigation is claimed: burglary gangs with a list, a compromised account, suspicion against bank staff. Assets are therefore to be handed over for safeguarding, transferred to a custody account or set aside for collection. A genuine official number often appears on the display; the caller ID can be set freely by technical means and is not proof.

The alleged technical support reports a virus infection or a subscription that is to be refunded. Remote-maintenance software is used to gain access to the computer, online banking is opened and an alleged “incorrect booking” is staged, which the person called is supposed to correct. In fact, a transfer is triggered or an authorisation is given. Access to the device often remains in place afterwards.

Recognising the signs

How the call can be recognised

The structure is similar across all variants. Anyone who knows it will recognise it even when the story seems credible at first.

  • You are not to end the call or involve anyone else – not even family or your own bank.
  • Cash, jewellery or an immediate transfer is demanded, often combined with a collection at the home.
  • The caller names relatives only after you have named them yourself.
  • An official or bank telephone number appears on the display, even though you did not call there.
  • You are to install software so that someone can view your computer remotely.
  • You are required to log into your online banking while the caller watches or listens in.
  • For an alleged refund, you are to authorise a payment or transfer an amount back.

Possible measures

Possible measures

What may come into consideration depends on whether cash was handed over or transferred and whether access to devices took place. Each leads to different paths.

  • Structured recording of the call and its consequences

    We record the sequence in a structured way while the memory is still reliable. Particularly with shock calls, later reconstruction is difficult because the conversation took place under severe strain.

  • Support vis-à-vis the bank and payment service provider

    We draft the recall and refund requests, observe the applicable time limits and examine whether the payment is to be treated as authorised. A right to information against the payment service provider may also come into consideration.

  • Report and consolidation with further cases

    These offences are committed in series, and investigating authorities regularly combine proceedings. A carefully prepared report with times, numbers and descriptions can contribute to this; the authorities decide on the further course.

  • Examination of claims against identified participants

    If a collector or an account holder is identified, claims for recovery and damages may come into consideration, if appropriate following criminal proceedings. Whether that is economically sensible we examine with you.

  • Safeguarding after device access

    After remote access, it must be clarified which accounts and data may be affected and whether further dispositions are to be expected. Depending on the scope, blocking notices and informing the bodies involved may come into consideration.

Prospects

How the prospects are to be assessed

Whether anything can be recovered depends on where the money went and who still holds it. For a transfer reported within a few hours, a recall may have a prospect. For a cash handover to an unknown person, that path does not exist; here everything depends on whether someone is identified in the investigation. No one can promise you an outcome.

The time pressure is unevenly distributed. Payment-related avenues close within hours to days and are bound to time limits that must be clarified immediately. A report, information about recipient accounts and possible claims against later identified participants remain open longer, but take time and do not regularly lead to a payment.

An observation that is not legal in nature is important to us: these calls are designed to reach anyone who happens to be available, and the feeling of having failed is the most common reason why no one hears about it. It plays no role in how the matter is handled. The overarching principles on evidence preservation and payment tracing are set out in the Fraud & Scam practice area.

Frequently asked questions

Frequently asked questions about telephone fraud

The answers describe the framework. What applies in your case depends on how payment was made and how much time has passed since then.

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Describe your matter

An enquiry does not establish a client relationship or responsibility for monitoring deadlines. If a deadline is approaching, do not rely on this form alone.

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

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