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It regularly happens that international fraud is committed with the help of a Dutch bank account, which is used to receive and pass on money. What does this form of fraud look like and what can be done about it? International invoicing fraud Several parties are involved in this form of fraud. In the first place, a party that trades with another party. For example: an Italian company does business with a company in Great [...]
Pay with bitcoins? Then it could be fraud. We are seeing a strong increase in fraud with investment products via cryptocurrencies at our office. If an "investment firm" asks you to pay "investment" via bitcoins, which you must first purchase via a "wallet" at a (reliable) company, realize that fraudsters have their reasons for not getting paid via the bank . Anonymously Payments with cryptocurrencies can be transferred more anonymously and faster to a wallet [...]
A boiler room is a criminal organization that extorts money from people through fake investments. Boilerrooms disappear after a while and the loot is often hard to find after that. Method There is not one typical method for this criminal activity. Many boiler rooms approach their victims by telephone and persuade them to invest via a website. This website can give access to a (fake) account where the victim is led to believe that his [...]
When you think of a duty of care of banks, you think in the first place of the customers. But the duty of care can also relate to third parties. For example, a customer of the bank can be a swindler, who uses the checking account to receive deposits from victims, after which that money is funneled away. Can you sue the bank for the damage? Is the bank expected to monitor suspicious transactions from its own customers to protect non-customer third parties?
ING has been fined by the Public Prosecution Service because the bank does not act properly against money launderers. Criminals who transfer money through ING are not dealt with properly by the bank. There are many developments in the field of money laundering, mainly due to new technological possibilities. De Nederlandsche Bank (DNB) not only supervises the stability, but – in keeping with the spirit of the times – also the integrity of the financial [...]
In the Netherlands banks have a duty of care for their own clients, and also for third parties who do not bank with them. Under this case law victims of fraud or scams can in certain cases claim damages from the perpetrator’s bank. Banks’ duty of care Under the Dutch civil legal system banks have a duty of care for their own clients, account holders and investors. Case law from the highest court, however, takes [...]