Have you ever been offered an investment with guaranteed high returns? With the rise of social media, the number of people affected by investment fraud has grown exponentially. Many complaints are related to investment platforms, leveraged trading, cryptocurrencies or even the use of remote access via AnyDesk and TeamViewer. But is it really a crime or simply a failed investment?
📌 Important: Although these types of fraud are carried out through the internet, they should not be confused with phishing or other computer fraud.
What is the crime of fraud?
The Spanish Penal Code in its article 248 defines fraud as conduct that uses sufficient deception to induce error in a person and get them to perform an act of patrimonial disposition to their own or others’ detriment. In other words, it involves obtaining an illicit economic benefit through manipulation or falsehood, generating trust in the victim so they deliver their money or assets.
If you are involved in proceedings for financial fraud, whether as a victim or accused, you need to contact an attorney specializing in
What are the most common financial scams?
Investment platform fraud
One of the most reported economic crimes is the alleged client acquisition with promises of guaranteed profitability. In these cases, investors claim they were deceived when depositing their money on platforms that did not deliver on their promises. However, in most investments risk is inherent, and unachieved profitability does not necessarily imply fraud.
Ponzi and pyramid schemes
The Ponzi scheme is a form of fraud in which initial profits are paid with money from new investors rather than with real returns. Many people have been accused of running these types of structures when they were actually managing legitimate investments that were affected by market volatility.
Uncontrolled leveraged trading
Leveraged trading allows investing large amounts with reduced initial capital. However, the high risk of this strategy has led many investors to lose their money and subsequently file complaints against brokers or advisors who facilitated these operations. Among investment fraud, one of the best known is Forex fraud.
Cryptocurrency scams and unregulated platforms
The cryptocurrency market is highly volatile and, not being fully regulated, has given rise to multiple complaints for investment fraud. People are accused of raising funds for cryptocurrency investments that later collapse or disappear.
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Do you need an attorney experienced in investment fraud?
Do you need an attorney specialized in financial fraud?
How do investment scammers operate?
Investment fraud usually follows a well-structured pattern. Understanding how they work will not only help you identify these scams, but also understand how an accusation against you is built and what defense strategies you can employ.
Investor recruitment
Alleged scammers use social media, emails and phone calls to attract clients. They present themselves as brokers, financial advisors or investment managers, assuring highly profitable and risk-free strategies. Trust is key in this type of fraud, so they often use false identities or impersonate the image of legitimate companies.
Promises of risk-free profitability (Recovery Room)
One of the main attractions of these investment scams is the promise of high profits without exposure to losses. However, in the financial world, every investment carries risk, and the absence of this should be a warning sign. Many people end up filing complaints after realizing that guaranteed returns were a fraudulent recruitment strategy.
Data and account manipulation
Some fraudulent platforms use manipulated charts, false testimonials and altered reports to convince investors that their money is generating large profits. If you have worked on one of these platforms and have been reported, it will be key to demonstrate that you were not responsible for the information presented to clients.
Do you need an attorney experienced in investment fraud?
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.