• Criminal representation before specialised cybercrime public prosecutor's offices: Assistance and representation in preliminary proceedings against unknown or identified offenders - including accessory prosecution and criminal charges
• Communication with investigating authorities: Coordination with the police, public prosecutor's office, BKA and international authorities for effective prosecution
• Claims against banks and payment service providers: Enforcement of refunds, review of disclosure obligations and reports of suspected money laundering in accordance with Section 25h KWG / GwG
• Compensation for damages against intermediaries and platform operators: Legal review of investments, wallets or platforms and enforcement of claims against intermediaries or operators of fraudulent constructs
• Preservation of evidence and forensic analysis: Support in the technical tracking of blockchain transactions and securing evidence in cooperation with IT forensic experts
• Civil actions: Representation in proceedings for the recovery of assets or compensation for damages suffered
• International case processing: Experience with cross-border matters, integration of our network of specialised foreign lawyers and investigators

Liability:

Bank liability for crypto fraud: When can banks be held liable?

Background

More and more investors are investing in cryptocurrencies - often via supposedly reputable trading platforms. Unfortunately, however, cases of fraud are on the rise: Those affected are confronted with fake portals or "crypto experts" who promise high profits and ultimately make the money disappear. Payments are often processed via bank transfers. In these cases, the question arises: can banks be held liable if they make transfers to fraudulent crypto platforms?

When can a bank be liable?

The legal situation is complex, but investors should be aware of the following constellations:

1. Breach of inspection and disclosure obligations

Banks are generally obliged to check suspicious transactions. If a transfer is made abroad to a fraudulent account - especially in the case of very high amounts, unusual payees or multiple warning signals

- liability may arise if the bank does nothing despite recognisable warning signs.

Example: A transfer to a British company with the subject "Bitcoin Invest", without a customer reference or understanding being documented, could trigger a duty of disclosure on the part of the bank.

2. Bank employees actively give incorrect advice or fail to issue warnings

For example, if bank employees knew or should have known about the fraudulent nature of a recipient (e.g. through internal warning systems or ongoing investigations), the bank may be liable for breach of duty to provide advice.

3. Obligation to recall in the event of recognised fraud

If fraud is reported by the customer - especially shortly after the transfer - the bank must immediately attempt to recall the payment. If this recall is not made or is made too late, this may also result in an obligation to pay compensation.