We act for victims of online fraud, pursuing the money and joining the proceedings as a private prosecutor (acusación particular), and for people accused, who are very often those who let someone else use their bank account without grasping the consequences.
These cases are decided on digital evidence: transfer tracing, headers, connection logs, crypto wallets. A serious forensic analysis changes the outcome, and speed matters because freezing funds is a matter of hours.
Documented criminal complaint, applications to freeze and trace the funds, a claim against the bank where the payment service rules place the loss on them, and defence at trial. See also money laundering.
The pattern never changes. A call arrives displaying your bank’s genuine number. The caller knows your recent transactions, warns you about a suspicious payment, and asks you to help secure the account. Minutes later the money is gone.
The payment services rules are clear: for an unauthorised transaction, the provider must refund it, and escapes liability only by proving fraud or gross negligence by the user. The burden of proof lies with the bank, not with you. And where the impersonation is technically indistinguishable from the legitimate channel, gross negligence is very hard to establish.
Banks routinely refuse anyway, arguing that you disclosed your codes. That refusal is challenged by documenting the appearance of legitimacy of the channel used and the failures of the strong authentication systems that were supposed to prevent it.
Many of these files target people who simply lent out a bank account, sometimes for a small commission, without realising they were becoming the visible link in a chain. The charge is then money laundering, including in its negligent form.
The defence rests on the absence of knowledge of the illicit origin of the funds, the context in which the request was made, and the absence of any real enrichment. It requires a careful analysis of the money flows, not statements of good intent.
The bank says I gave away my codes, so it is my fault. Is that right? That is the bank’s position, not the law. The payment rules place the burden on the bank to prove gross negligence, and where the fraudster used the bank’s own phone number and knew your transactions, that is very hard for them to establish. Many Spanish courts have ordered refunds in exactly these circumstances.
How quickly do I need to act? Within hours for the money, within days for the evidence. The transfer recall is the priority; after that the funds are broken up and moved abroad.
I invested in a crypto platform and now it has vanished. Is that recoverable? Sometimes. It depends on whether the wallets can be traced and whether any part of the chain touches a regulated exchange. We tell you honestly at the outset whether it is worth pursuing.
I let a friend use my account and now I am the one being investigated. What do I do? Do not give a statement without advice. This is the classic money mule scenario and the defence turns on what you actually knew.