First 45-minute meeting, CHF 200, deducted from the first invoice if you retain us.
Geneva Bar Association
Public Prosecutor's Office, Canton of Geneva
CAS Digital Finance Law, UNIGE
French, English, German
In wire fraud, the money often leaves the receiving account within days. What is done in the first hours determines what can still be frozen.
Two articles set out the steps, one on bank impersonation fraud, the other on money that landed in a Swiss account.
If the proceedings are directed at you, criminal defense is the page to turn to.
No further payment, even for “release fees” or an offer to recover the funds. These approaches often target people who have already been defrauded.
Block e-banking access and ask for the transfer to be recalled. Then dispute the transaction in writing within the time limit set by the bank’s terms.
Screenshots, phone numbers, e-mail addresses, IBANs, wallet addresses and transaction IDs. These form the basis of the complaint and of the freezing request.
The complaint identifies the receiving account, the bank that holds it and the amount to be frozen, with a request for seizure (Art. 263 CrimPC). The civil claim or negotiation with the bank or the intermediary is prepared in parallel.
Mr. Traussnig spent three years at the Public Prosecutor’s Office of the Canton of Geneva before joining the Bar. He knows from the inside how criminal complaints and requests for seizure are handled in Geneva. The complaint, the civil claim and the negotiation with the bank or the account holder are conducted by the firm within the same matter, so that each route can support the others.
3 years at the Public Prosecutor's Office of the Canton of Geneva. Direct understanding of practices, priorities, and room for maneuver in Geneva's criminal procedure.
Complaint and seizure, claims against the bank or the intermediary, negotiation of a refund. The routes are combined within one matter, handled by the same team.
CAS Digital Finance Law (UNIGE) and blockchain certification. Cases involving digital assets, crypto scams, or cybercrime require both at once.
Funds sent abroad, platforms based outside Switzerland. A network of partners and coordination with foreign authorities and lawyers.
Three typical situations.
In wire fraud, the money often leaves the receiving account within days, so everything turns on how fast you react. The criminal complaint and the civil action were filed without delay with the competent authorities, and part of the funds was recovered.
A similar situation? Get in touch → 02 · Crypto scamFunds move quickly from one address to the next, but the blockchain keeps a record of every transfer. Criminal complaint, blockchain tracing, a request for a freezing order and coordination with exchanges to follow the money, in Switzerland and abroad.
Recovering stolen crypto → 03 · LitigationA debt owed by someone based outside Switzerland is recovered where the debtor’s assets are. Formal notices in French and English were sent from Geneva, ahead of proceedings before the courts of the debtor’s country, where the judgment can be enforced.
Litigation and negotiation →« I recommend this firm without hesitation to anyone looking for support that is both competent and humane. »
Every matter is different. The outcome of a past case does not predict the outcome of another.
It depends on how the order was given and executed. Banks’ general terms usually contain a clause that places the risk of a fraudulent order on the client. Such a clause does not release the bank in the event of its own wilful misconduct or gross negligence (Art. 100 para. 1 CO). If the client contributed to the loss, for instance by approving the transaction personally, compensation may be reduced (Arts. 44 para. 1 and 99 para. 3 CO).
The public prosecutor may seize assets that are likely to be returned to the injured party (Art. 263 para. 1 let. c CrimPC). In urgent cases, the seizure may be ordered orally and confirmed in writing afterwards (Art. 263 para. 2 CrimPC). The complaint should therefore identify the receiving account, the bank that holds it and the amount to be frozen.
Where it is undisputed that the assets were taken directly from the victim through the offence, the criminal authority returns them before the proceedings are closed (Art. 267 para. 2 CrimPC). Otherwise, their return is decided in the final decision (Art. 267 para. 3 CrimPC). Assets that are to be returned to the injured party are not forfeited (Art. 70 para. 1 SCC).
Fraud is prosecuted ex officio (Art. 146 para. 1 SCC), so the three-month time limit for filing a criminal complaint (Art. 31 SCC) does not apply. The position is different where the fraud was committed against relatives or members of the same household, in which case it is prosecuted only on complaint (Art. 146 para. 3 SCC). The money, however, often leaves the receiving account within days, which is why there is no time to lose.
Fraud requires deceit by guile that leads the victim to dispose of their assets (Art. 146 para. 1 SCC). Misappropriation covers anyone who uses assets entrusted to them without authority (Art. 138 no. 1 SCC). Criminal mismanagement covers anyone who, being responsible for managing another person’s financial interests, harms them in breach of their duties (Art. 158 no. 1 SCC). The offence relied on in the complaint shapes the investigation and the measures requested.
As a rule, no. A loan is a contract (Art. 312 CO), and failure to repay it is dealt with by the civil courts or through debt enforcement. Fraud requires that the borrower obtained the money through deceit by guile (Art. 146 para. 1 SCC). A signed acknowledgement of debt allows the lender to apply for provisional removal of the objection (Art. 82 para. 1 DEBA).
The holder of the receiving account is liable for damage caused unlawfully, whether intentionally or negligently (Art. 41 para. 1 CO). Depending on what they knew or must have assumed about the origin of the funds, their conduct may also amount to money laundering (Art. 305bis SCC). In the criminal proceedings, the victim asserts civil claims as a private claimant (Art. 122 para. 1 CrimPC).
Our partners respond directly. Call as soon as you discover the fraud, before making any further payment. First 45-minute meeting at CHF 200, deducted from the first invoice if you retain us.
First 45-minute meeting, CHF 200, deducted from the first invoice if you retain us.