International cases · Economic crime
Fraud cases that cross borders
Online scams, investment frauds and transfers that pass through several countries are investigated in Spain every day. Some of my clients are accused of taking part, sometimes only because money went through their account; others are the victims. In both cases the international side changes which court decides, how evidence is gathered and how money can be traced and frozen.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
The essentials
Anywhere
A fraud is considered committed in every place where part of it happened, so Spanish courts can act if any element took place in Spain.
Madrid
Large frauds affecting many people in several provinces can go to the National Court in Madrid.
EU
Accounts and assets can be frozen in another EU country by a Spanish court order, and the other way round.
Which court decides
Under the Supreme Court's settled criterion, a crime is committed in every place where one of its elements was carried out: where the deceit happened, where the money was moved or where the loss occurred. That is why a fraud planned abroad can be investigated in Spain, and why several courts, in Spain or in different countries, may be looking at the same facts.
Read more−
When the fraud causes serious damage to many people in more than one province, the case can go to the National Court in Madrid (article 65 of the Judiciary Act). Spanish courts can also try Spanish nationals for offences committed abroad, if the act is also a crime there and the victim or the prosecutor brings a complaint in Spain.
When the money passed through your account
Many people are investigated because transfers from a fraud arrived in their account and were sent on, often after an offer of easy work on the internet or a request from someone they trusted. The prosecution may treat this as taking part in the fraud or as money laundering, including laundering through serious negligence.
Read more−
The defence depends on what you knew, what you were told, what you kept and how you behaved when the bank or the police asked. Messages, the job offer, the conversation with the person who contacted you and any repayment made are decisive, so keep everything and do not explain yourself to the police without a lawyer.
Frozen accounts and assets abroad
Since EU Regulation 2018/1805, a freezing or confiscation order issued by a court in one EU country is recognised and executed directly in the others. Bank accounts, property and vehicles can be blocked in a matter of days, both against the accused and to protect the victims' money.
Read more−
If your account has been frozen in Spain, or a Spanish case has led to a freeze in another country, the order can be challenged when it is disproportionate or affects money with a lawful origin. Showing where that money comes from is usually the quickest way to have it released.
Evidence from other countries
Bank records, internet data or statements from abroad arrive through European Investigation Orders within the EU or through international requests elsewhere. They take time, and the defence can ask for specific evidence to be requested and check that what arrives is complete and was obtained lawfully.
How we will understand each other
I work in Spanish. With my clients from abroad I use translation tools to read and answer messages, and we manage well that way. At the police station and in court the law gives you a free interpreter, and I make sure that right is respected. If you write to me in English, I will answer you.
Common questions
I received money in my account and sent it on as part of a job. Am I going to be charged?
You may be investigated, but being charged and being convicted depend on what you knew or should have known. Many of these cases end well when the defence shows, with documents, how you were deceived yourself.
I was the victim of a scam from abroad. Can I bring a case in Spain?
Yes, if part of the fraud took place in Spain, for example the payment or the loss. As the victim you can take part in the proceedings with your own lawyer and ask for the money to be traced and frozen.
My bank account has been blocked. What can I do?
First find out who ordered it and in which case. Then ask for release of the money that has nothing to do with the facts, with proof of its origin. I can do this from Madrid for courts anywhere in Spain.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
You may also need