Have they placed a large order after paying you promptly for some small ones… and then disappeared without paying? You’ve likely been a victim of the nazareno scam.
This fraud, increasingly common among businesses and freelancers, consists of gaining your trust with small transactions to then defraud you with a high-value purchase. It’s not a simple non-payment: it’s a fraud offense, and the law punishes it with prison sentences.
What exactly does the nazareno scam consist of?
How does this type of fraud develop step by step?
The nazareno scam follows a very defined pattern:
- The perpetrator creates an appearance of a legitimate and solvent company.
- Makes small purchases that are paid punctually to build trust.
- Then, places a large order, generally of high economic value.
- After receiving the merchandise, disappears without paying.
This deceptive dynamic convinces suppliers or merchants that they are dealing with a reliable client. However, from the beginning, the purpose is to defraud.
Why is it called the «nazareno scam»?
The name comes from the «step-by-step» deception, alluding to the Easter processions. The fraudster takes slow steps, like a nazareno: begins with minor transactions and ends with a large-scale fraud. It’s a popular expression
Do you need a lawyer specialized in fraud cases?
Have you been reported for the Nazarene scam?
What is the penalty for committing a Nazarene scam?
Article 248 of the Criminal Code punishes those who:
«Commit fraud by using, with intent to profit, sufficient deception to cause error in another, inducing them to perform an act of disposition to their own or another’s detriment».
In these cases, when the amount exceeds €400, the penalty for the Nazarene scam will be 6 months to 3 years imprisonment.
This is the typical core of the Nazarene scam, when the perpetrator induces error through the appearance of legitimate commercial activity to obtain goods without intention of payment.
Aggravated fraud
If aggravating circumstances exist, Article 250 of the Criminal Code imposes more severe penalties:
- Imprisonment of 1 to 6 years and fine of 6 to 12 months, if elements such as the following are present:
- Defrauded value exceeding €50,000.
- Abuse of personal or commercial relationships.
- Use of fictitious entity.
- General impact on a collective or plurality of persons.
- Professional nature of the perpetrator or membership in criminal organization.
These situations are frequent in the Nazarene scam, given its planned execution and high economic impact.
Continuing fraud
When the fraud is committed
A recently opened bar in Zaragoza contacts a beverage distributor. It requests merchandise weekly for amounts under €500, paying in cash. The following month, it requests a supply valued at €6,000, promising payment upon receiving the invoice. It never pays. When the supplier attempts to collect, they discover that the premises have been transferred and that the owner was never registered as self-employed.
The criminal court considers that there was intent from the beginning. A 2-year prison sentence is imposed for basic fraud and joint and several civil liability.
How is the confidence trick proven in court?
Key evidence for criminal conviction
Courts require solid proof of initial intent. The most valued evidence includes:
- Emails, estimates, and invoices.
- Statements from deceived suppliers.
- Transaction history and initial payments.
- False or non-existent accounting documentation.
An experienced defense attorney will attempt to dismantle the presumption of intent, while a fraud specialist attorney will seek to demonstrate the criminal pattern.
What is the difference between civil non-payment and criminal fraud?
Essentially, the intent. If the non-payment is due to supervening causes, we are dealing with a civil dispute. If from the beginning there was intent not to pay, then we are dealing
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.