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Investments & trading

Broker fraud: when the online broker does not pay out

If a supposed broker refuses withdrawals, we classify the facts legally and examine possible claims against all parties who may be liable.

Overview

What this is about

Typical situations and warning signs

  • Payouts are made dependent on new fees, taxes or security deposits.
  • A personal “account manager” repeatedly urges you to make further and larger deposits.
  • The provider cannot be found in BaFin's company database or BaFin has already warned about him.
  • The imprint is missing, incomplete or only states a mailbox address abroad.
  • Deposits should be made into accounts of changing private individuals or companies, often abroad, or in cryptocurrencies.
  • You have been asked to install remote access software so that they can “help” you with transfers.
  • After your payment request, the customer account will be blocked or the contact person can no longer be reached.

Immediate steps

What you can do now

These steps make sense in most cases – regardless of whether you instruct us.

  1. Make no further payments

    Do not transfer any more money – not even for supposed fees, taxes or account activations. In these situations, such demands regularly serve only to obtain further payments.

  2. Inform your bank or card provider

    Describe the facts to your bank or credit card institution promptly and ask about recalling the transfer or disputing the card payment. Whether this succeeds depends, among other things, on the timing and the payment method.

  3. Secure evidence

    Save screenshots of the customer account, chat histories, emails and payment receipts. Websites and customer accounts of such providers are frequently shut down without notice.

  4. Remove remote access software and change your login details

    If a remote maintenance programme was installed, uninstall it and then change the passwords for online banking and email accounts. If in doubt, have the device checked by an expert.

  5. Report the matter to the police

    A report can be filed at any police station or via the online police portal of your federal state. The case reference number can be helpful for further communication with banks and for later inspection of the files.

  6. Unsure what to do first in your case?

Legal assessment

Possible areas of review

  • Licensing requirement and supervision

    Anyone conducting banking business or providing financial and investment services in Germany generally requires a licence under the German Banking Act (KWG) or the German Investment Firms Act (WpIG). We examine whether such a licence existed and what consequences its absence may have for possible claims for damages.

  • Tort claims against those responsible

    In the case of deception about the trading or the willingness to pay out, claims for damages under Section 823(2) of the German Civil Code (BGB) in conjunction with Section 263 of the German Criminal Code (StGB) and under Section 826 BGB may be available. The decisive factors are whether those responsible can be identified and whether access to assets appears realistic.

  • Claims against payment service providers

    We examine whether payments were executed without your authorisation or whether an institution involved breached warning and due-diligence duties in the individual case. For card payments, a chargeback procedure under the card provider's rules may also come into consideration.

  • Recovery from payment recipients

    The money often does not flow to the supposed broker itself but to third-party accounts. Depending on the individual case, claims for unjust enrichment or in tort may exist against these account holders.

  • Findings from the criminal investigation

    As a victim, you can apply through a lawyer for access to the investigation file. This may reveal information about account holders, payment channels or secured assets that is relevant for civil law steps.

Who may be liable

Possible opposing parties

  • Operators of the platform

    The individuals and companies behind the platform may be liable. In practice, however, they often cannot be identified or are based in countries where claims are difficult to enforce.

  • Banks and payment service providers involved

    Your own bank, the recipient bank or an intermediary payment service provider may be liable in individual cases, for example for unauthorised payments or where specific grounds for suspicion went unheeded. Liability is not automatic and requires careful examination.

  • Account holders and money mules

    Individuals or companies who made their accounts available for forwarding the funds are frequently identifiable and sometimes based in Germany. Claims for repayment or damages against them may come into consideration.

  • Intermediaries and advertising partners

    Anyone who deliberately steered or recruited investors to the platform may also be liable, depending on their role and knowledge. This requires that their involvement can be specifically proven.

Whether and against whom claims actually exist depends on the individual case and can only be assessed after reviewing the documents.

Preserve evidence

Documents you should keep

Do not delete anything – not even out of anger or shame. Your account of events is enough for the initial enquiry; documents can be submitted later.

  • Account statements, transfer receipts and credit card statements for all payments
  • Emails, chat histories and messenger messages with the provider
  • Screenshots of the customer account with account balances and transaction overview
  • Names, telephone numbers and email addresses of the contact persons
  • Internet address of the platform as well as screenshots of the website and imprint
  • Contract documents, terms and conditions and any “payment notices”
  • Information about recipient accounts (IBAN, account holder) or wallet addresses
  • Criminal complaint with file number and correspondence with your own bank

Our approach

How we handle your case

  1. Step 1: Describe your case

    Using the form, you describe to us in a few minutes what happened. You can submit documents later.

  2. Step 2: Legal assessment

    We review your details, classify the facts and examine against whom claims may be available.

  3. Step 3: Strategy

    You receive an honest assessment of prospects, risks and costs – and decide for yourself whether to instruct us.

  4. Step 4: Representation

    We implement the agreed strategy: towards banks, payment service providers and other parties involved, and in court if necessary.

FAQ

Frequently asked questions about Broker fraud

General guidance – it does not replace advice on your individual case.

There is no general answer to this; it depends on the individual case – for example on the payment method, the time elapsed and which parties involved can be identified. No one can seriously give a guarantee. We examine which claims may be available and assess the prospects openly.

Knowledge centre

More about Brokers

Case review

Tell us what happened.

We will assess which claims may be available and which next steps may make sense.

Your details are treated in confidence. An enquiry does not yet establish a client relationship.

We are here for you.

By telephone, by email or via the case review – in confidence and initially without obligation.

Call usHave your case reviewed