Summary Proceedings Archieven - Hupkes cs advocaten

Recovering stolen crypto: the final steps

In our previous blogs, we outlined how stolen or fraudulently misappropriated cryptocurrency can be traced using blockchaintracing. We showed how we successfully obtained multiple "freezing orders" from Dutch courts in 2023 and 2024. A high-profile example was the case against Huobi in 2023, in which the court imposed a fine of as much as €2,000,000 to ensure that the account of the fraudulent customer was actually frozen. In summary proceedings, we ask not only for [...]

Hupkes advocaten2025-03-23T21:32:26+01:0023 March 2025|Asset Recovery, Cryptocurrencies, Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms, Liability, Summary Proceedings, 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|

Blockchaintracing has come of age and helps with crypto fraud

Blockchain tracing has become an essential tool in the fight against crypto fraud in the past 2 years, especially when stolen funds are funneled through blockchain networks. The transparency of the blockchain allows experts to track fraudulent transactions, even if they go through multiple addresses or complex routes. This creates legal opportunities to secure the stolen digital assets and crack down on fraudsters. Detection of exchanges and KYC data. Blockchaintracing can link specific blockchain addresses [...]

Hupkes advocaten2024-12-30T21:02:59+01:0030 December 2024|Asset Recovery, Cryptocurrencies, Financial law, Fraud & Deception, Summary Proceedings, Unlawful Act|

The ‘ex parte’ order measure: a cross-border freezing order of cryptocurrency

As a specialized attorney in crypto-fraud cases, I increasingly see complex, cross-border cases where traditional legal means fail. A recent case illustrates how creative legal thinking and the flexibility of the Dutch legal system can lead to effective solutions for victims of international fraud. Traditional boiler room fraud using cryptocurrency as means of payment In this case, victims from he UK, my clients, were targeted by a sophisticated boiler room fraud. The scammers, believed to [...]

Hupkes advocaten2024-12-14T20:56:33+01:0014 December 2024|Asset Recovery, Cryptocurrencies, Duty of Care Banks, European Bank Account Preservation Order, Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms, Summary Proceedings, 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 advocaten2024-07-27T15:57:10+01:0027 July 2024|Asset Recovery, Financial law, Fraud & Deception, Investment Fraud & Boiler Rooms, Liability, Summary Proceedings, Uncategorized, Unlawful Act|

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|

Duty of care to third parties: who must prove?

A recent ruling by the interim relief judge of the Amsterdam District Court provided an interesting decision on the issue of proof regarding banks' duty of care to third parties in fraud cases. The case involved an American woman, a client of our firm, who had been the victim of a hack in which €200,000 had been transferred to the account of a money mule with an account at ING. Although the main claim was [...]

Hupkes advocaten2023-11-29T16:04:17+01:0029 November 2023|Asset Recovery, Duty of Care Banks, Financial law, Liability, Summary Proceedings, Unlawful Act|

Dutch Civil Litigation

In the Netherlands most cases begin in the district court (“rechtbank”). Appeals against decisions of the district court can be heard at one of the four high courts (“gerechtshof”). Above the high courts is the supreme court, the High Council of the Netherlands (“Hoge Raad”) Summary proceedings In the Netherlands, “summary proceedings” is a popular procedure intended to quickly provide clarity regarding legal disputes. Just as in other countries, court cases can take a long [...]

Hupkes advocaten2022-08-17T17:56:46+01:0020 April 2020|Appeal, How To, Summary Proceedings|

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|

Can you transfer a property to the notary against someone’s wishes in the event of partition?

In the case of joint ownership, a person may be legally obligated to cooperate in dividing ownership of a home, but may not do so or may not want to, or the person may be lost or unreachable. What can be done about this legally?

Hupkes advocaten2022-08-19T11:39:54+01:002 April 2018|Disputes about Residential Property, Division of Co-owned Property, Summary Proceedings|

Dutch Contract Law

Dutch law also includes the possibility that contractual obligations are not recognised under the law itself. An agreement to break the law, for instance, is not valid and cannot therefore be enforced by a judge. Such a situation seldom arises in professional contracts between businesses, but nevertheless it is advisable to seek legal advice if there is a lot at stake. In the Netherlands verbal agreements are just as valid as written contracts, although it [...]

Hupkes advocaten2022-08-19T11:47:59+01:006 March 2017|Dismissal, Summary Proceedings|