Digital fraudEnglish-speaking cybercrime lawyer in Spain

Bank fraud, identity spoofing, fake crypto investments. Recovering the money, or defending you if you are the one accused.

Both sides of the case

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.

What we see most

  • Bank number spoofing: the call shows your bank’s real number and the money leaves the account.
  • Fake investment platforms, especially in cryptocurrency.
  • CEO fraud and diverted supplier payments.
  • Money mules: accounts used to receive funds, prosecuted as money laundering.

What we do

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.

Bank spoofing: why the bank should refund you

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.

The first hours decide everything

  • Demand an immediate recall of the transfer. After a few hours the funds are split and disappear.
  • Delete nothing. The SMS thread and call log are the proof of the method used against you.
  • File a criminal complaint. It fixes the official account of what happened, which then supports the civil claim against the bank.
  • Complain in writing to the bank, then to the Bank of Spain’s complaints service.

If you are the one being investigated

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.

Frequently asked questions

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.

Logotipos-abogacia-scje
Paseo De La Castellana 216 8º 28046 Madrid
Alicante – Playa de San Juan Av. Ansaldo 31, local 16, 03540 Alicante
Londres: 20 Wenlock Road, N1 7GU, Reino Unido
París: 72 Faubourg St Honoré, 75008, Francia
info@societejuridique.com

Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.

Copyright © 2026 Société de Conseil Juridique et Expert S.L.

EspanolEnglishFrancais
WhatsApp · Urgencias 24h