FRAUD AND DECEPTION
Our office specializes in lawsuits related to fraud, fraud and deception. We have made the choice to only provide legal aid to victims. We do not defend perpetrators. We apply different strategyand techniques to obtain compensation for victims.
Who does what?
If you have been a victim of fraud, you must always report it to the police. The police just don’t deal with arranging compensation. That is the job of the legal profession. Victims must be realistic in their expectations: the police cannot solve everything, especially when it comes to missing money. There are even cases that the police do nothing about, while we as lawyers can solve the case. Would you like to know what to expect from your lawyer and what from the police? Read more here .
What does the law say about fraud and scams?
The civil court decides on compensation cases according to the rules of the Civil Code (BW). You will not find words from normal language such as fraud and fraud in the Dutch Civil Code. If you have suffered damage, we will look for the correct legal basis for compensation for your damage. For example tort (art. 6:162 BW). In case of fraud through a fake agreement, we ask the judge to declare the contract invalid for fraud. The scammer must then refund the money on the grounds of “ undue payment ”. Our expertise lies in these kinds of matters. A fraudster will not get away with a cunning defence. Scams and fraud are usually a criminal offence, but you have to look after the damage yourself according to the rules of the Dutch Civil Code. We are good at that and we are happy to help you. Because fraud and deception are injustice.
Legal action
Lawyers have special legal powers that other lawyers such as legal expenses insurers do not have, or which they cannot deploy quickly enough. For example, we may freeze a bank account if this account is being used for scams. This is possible even if the account holder is anonymous . This prevents the scammer or fraudster from transferring money abroad. Of course, that attachment has to be done quickly. Another unique power is to file for bankruptcy . The trustee is then given special opportunities to monitor money flows. The judge can hold and interrogate a bankrupt con man.
Role of banks
Unfortunately, it is a fact that experienced scammers are good at siphoning money. For example, they use a regular bank account to receive money, then withdraw the money from the account, drive abroad and hide the money in a safe. It is therefore not always possible to enforce compensation from scammers. That is why we have also specialized in the duty of care of banks . Banks should not just help criminals. Banks have a role in preventing crime and combating “ unusual transactions ”. Because that does not always go well, we regularly litigate for our clients against banks that have made mistakes. In certain cases, the court orders the bank to compensate the damage. Read more here .
investment fraud
Investment fraud is a form of fraud involving large amounts of money. It is a form of international financial crime, a mixture of theft and banking. In this field we handle major international cases, and with success. In 2017 and 2018 we participated in broadcasts by Omroep Max about boiler rooms (“Meldpunt” and “Hollandsezaken”). The AFM and representatives of the banking world also took part in these programmes.
Other forms of fraud
Scammers are smart. They are constantly inventing new methods of getting rich at the expense of others. We regularly publish on this topic on our website. Click on the article to read more:
- What is invoice fraud and who is liable?
- What do lawyers think about seizure of a bank account?
- The English “Limited” is often used by fraudsters, but there is something to be done about it
- Bankruptcy Fraud: What is a Pauliana?