Digital crime, scams, and cyberfraud — criminal expertise & digital law

Offenses related to digital crime, scams, cyberfraud, and online fraud now represent one of the most complex areas of modern criminal law.

They require a dual expertise that is rarely combined:

1. in-depth expertise in digital law

2. proven experience in criminal defense.

This dual expertise is essential because the criminal classification of these offenses not only requires identifying the constituent elements of the offense (act, intent, causal link, damage) but also understanding the technical mechanisms used and undertaking, in parallel with criminal proceedings, other essential legal steps, including:

– civil actions for damages,

– measures to block and preserve assets and data,

– tracing financial and digital flows,

– cooperation with technical experts and specialized service providers,

– coordination with Swiss and foreign authorities when the facts are cross-border.

It is precisely this comprehensive approach, which is simultaneously legal, technical, and strategic, that Sentinel Legal implements in handling cases of digital crime, scams, cyberfraud, and online fraud.

It allows for the construction of credible, effective, and truly protective cases for the interests of both victims and those implicated, by integrating:

– complete analysis of facts and digital evidence,

– precise criminal classification of offenses,

– coordinated conduct of criminal and civil proceedings,

– implementation of blocking measures, preservation of evidence, and tracing of flows,

– cooperation with Swiss and foreign authorities,

– and a coherent and controlled defense and judicial representation strategy.

This integrated approach is one of the distinctive hallmarks of Sentinel Legal, a Geneva-based law firm renowned for its expertise in criminal law, cybercrime, and digital law.

At Sentinel Legal, every criminal case is treated as a strategic project.
Our intervention generally revolves around the following steps:

1. Immediate situation analysis
   understanding of facts, legal issues, and risks.

2. Definition of defense strategy
   procedural choices, criminal positioning, action plan.

3. Intervention with authorities
   police, public prosecutor’s office, courts, technical partners.

4. Management of parallel procedures
   civil actions, precautionary measures, tracing, protection of interests.

5. Monitoring and adaptation of strategy
   each step is re-evaluated based on the case’s evolution.

I am a victim of a scam and/or fraud: what should I do immediately?

Act without delay. You must simultaneously:

• preserve all evidence (messages, emails, addresses, transactions),

• secure accounts and systems,

• block or attempt to freeze financial flows,

• file a complaint,

• implement a coordinated criminal and civil strategy.

Every hour counts in digital fraud cases.

Can funds be recovered after an online scam?

In some cases, yes. Success depends, alternatively, on the speed of reaction, the tracing of flows, and coordination with authorities and financial intermediaries.

Generally, the earlier the intervention, the higher the chances of recovery.

How to prove cyberfraud?

Proof relies on:

• digital data,

• transaction logs,

• correspondence,

• technical expertise,

• tracing of financial flows.

A solid criminal qualification requires both a legal and technical understanding of the facts, which a firm specializing in digital and criminal law is capable of providing.

What to do if my data has been stolen or disseminated?

You must immediately:

• document the incident,

• secure systems,

• preserve digital evidence,

• initiate criminal and civil proceedings,

• activate, if necessary, GDPR and notification procedures.

My company is a victim of a cyberattack: what should I do legally?

Beyond the technical emergency, it is essential to:

• legally qualify the attack,

• manage legal obligations (data protection, notifications, and potentially regulatory),

• file a complaint,

• protect the liability of directors,

• structure a coherent judicial response and communication.

Can I prosecute perpetrators abroad?

Yes. Many cybercrime cases are cross-border.

They require coordination with foreign authorities and an adapted procedural strategy.

Is crypto fraud criminally prosecutable?

Yes. Scams related to crypto-assets and blockchain projects can constitute serious criminal offenses (fraud, breach of trust, money laundering, etc.), even if the tokens are utility tokens.

Furthermore, project managers in Switzerland can be prosecuted for disloyal management or breach of trust, for example.

Can a civil action be initiated in parallel?

Yes.
Criminal and civil proceedings must be coordinated to maximize the chances of recovering damages.

Civil claims can also be included within the scope of criminal proceedings.

What to do in case of phishing or identity theft?

You must immediately:

• change compromised access,

• document the facts,

• preserve all digital evidence,

• file a complaint,

• inform the concerned institutions,

• initiate a criminal and civil strategy.

Can a bank be held liable after fraud?

In some cases, yes. The bank’s liability may be engaged depending on the circumstances and applicable due diligence obligations.

Sometimes, this is the most effective and quickest solution to obtain financial compensation.

Can fraudulent or defamatory content be removed online?

Yes. It is often possible to obtain the removal of content, preservation of evidence, and identification of perpetrators through appropriate legal procedures.

It is advisable to contact the platforms concerned and file a criminal complaint within the prescribed period.

Do online platforms have obligations in case of fraud?

Yes. Platforms and intermediaries have obligations of cooperation, data retention, and sometimes prevention.

How long does it take to identify the perpetrators of a scam?

It depends on the fraud scheme and the channels used.

Well-structured cases often speed up investigations.

From experience, it is often essential to “guide” the police or the Public Prosecutor’s Office, who are overwhelmed by the number of cases to handle.

Can I be prosecuted even if I am a victim?

Yes, some complex situations involve cross-liabilities.

An upstream legal strategy helps protect your position and determine any potential risk.

When does a cyberattack become a criminal offense?

As soon as it meets the constituent elements of an offense: unauthorized access, data breach, extortion, fraud, etc.

The facts that occurred should be legally qualified, which a law firm specializing in digital and criminal law is capable of doing.

When should a lawyer specializing in cybercrime be contacted?

As soon as the facts are discovered.

In matters of scams and cyberfraud, reactivity is one of the most decisive factors for success.

Every case of scam, fraud, or cybercrime relies on a complex combination of facts, technical evidence, criminal procedure rules, and strategic options.

The way facts are identified, documented, qualified, and presented to authorities directly influences the outcome of the proceedings.

Digital criminal law is a field in which the burden of proof, the management of deadlines, the validity of procedural acts, mastery of technical tools, and the coordination between criminal and civil proceedings play a decisive role.
A single mistake — even a purely formal one — can lead to serious, lasting and sometimes irreversible consequences.

In this context, the intervention of a competent and experienced lawyer is essential.
It notably allows for:

• a detailed analysis of fraud schemes (scam, phishing, identity theft, cyberstalking, crypto fraud, social engineering), identifying the mechanisms used and precisely qualifying the applicable criminal offenses;

• structuring and securing digital evidence: data preservation, transaction exploitation, reconstruction of financial flows, and tracing of payment circuits;

• immediate coordination of protective measures: asset freezing, account blocking, preservation of technical elements, urgent notifications to intermediaries;

• initiating criminal and civil proceedings in a synchronized manner, to optimize the chances of fund recovery and damage compensation;

• effective dialogue with the police, the public prosecutor’s office, and specialized authorities, by presenting technically usable and legally coherent files;

• anticipating defense or prosecution arguments, mastering procedural communication, and building a credible and clear criminal strategy;

• managing the case over time, by adapting the strategy to the evolution of investigations and procedural opportunities.