Victims of crypto fraud often face complex legal challenges, which are exacerbated by the novelty and anonymity of digital currencies. We are on hand to advise our clients in this situation.
The legal situation regarding crypto fraud varies greatly depending on the jurisdiction. In Germany, the regulation of cryptocurrencies and associated fraud is still under development. However, there are some basic legal principles that victims can rely on.
In Germany, the Civil Code (BGB) regulates the claim to ownership of stolen goods. The provisions in Sections 935 to 937 of the BGB are particularly relevant. According to Section 935 BGB, stolen, lost or otherwise missing property cannot be acquired in good faith. This means that if an item has been stolen, the original owner remains the owner and can reclaim the item, even if the purchaser was acting in good faith. Sections 936 and 937 of the German Civil Code contain further regulations relating to the acquisition of ownership through acquisitive prescription and the rights of third parties.
In concrete terms, this means that although the perpetrators can dispose of your cryptocurrencies, they will never, under any circumstances, gain ownership of the assets in question. Blockchain analysis makes it possible to trace where the perpetrators have transferred your crypto assets.
Having property rights is one thing - enforcing them in practice is another. We use modern technology and legal instruments to assert your claims effectively.
Crypto exchanges play an important role in the identification and recovery of stolen cryptocurrencies. When stolen crypto assets are transferred to an exchange, the exchange operators can verify the identity of the perpetrators using the account data, especially for large sums that require full verification. Lawyers and investigators can then take legal action to obtain the return of the stolen assets.
If assets are found in a wallet, this wallet can be flagged by supervisory authorities, financial institutions and law enforcement agencies. We also offer this service to our customers. This makes it impossible to exchange the corresponding crypto holdings for fiat currency on a legal exchange.
There are various legal avenues open to you in the event of crypto fraud. Acting quickly and systematically maximises your chances of success.
Victims of crypto fraud can and should initiate criminal proceedings against the perpetrators. These proceedings not only serve to punish the perpetrators, but can also contribute to the seizure of evidence and assets.
The investigating authorities must prove that a fraudulent act has taken place and that the perpetrator acted intentionally. This can be supported by forensics and the analysis of blockchain transactions in order to trace the money.
In addition to criminal proceedings, injured parties can assert civil claims to reclaim their lost assets.
These include:
Victims of crypto fraud should take several measures to strengthen their position and enable the recovery of their assets.
Important steps:
The complexity of crypto fraud often overwhelms traditional investigative authorities. Professional support is therefore essential for successful proceedings.
Unfortunately, practice shows that judicial authorities often struggle to keep up with the fast-paced and complex environment of crypto fraud. The legal and technical challenges are immense, so the response of the judicial authorities does not always meet the expectations of the victims. Specialised expertise and international cooperation are often required to take effective action against crypto fraud.
We offer you detailed proposals for action and co-operation with the relevant investigative authorities to recover your crypto assets. However, successful results can take a long time, as the custody of digital currencies is often structured internationally. Of course, you will receive regular progress reports on your case so that you are always informed about the current status of the investigation.
Let us help you enforce your legal claims to your cryptocurrencies. With in-depth legal knowledge and technical expertise, we support you in all the necessary steps.
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