The Phenomenon of Fake Trading Platforms and Legal Protection

Discovering you have been a victim of a cryptocurrency or online trading scam is a devastating experience, not only due to the economic damage suffered but also the violation of trust. As a criminal lawyer with extensive experience in combating cyber and financial crimes, Avv. Marco Bianucci deeply understands the state of mind of those who see their savings vanish on platforms that turn out to be empty shells. The first fundamental step is not resignation, but the prompt activation of a targeted legal strategy. In Milan, the landscape of digital financial fraud is constantly evolving and requires an extremely specific technical-legal approach to attempt the recovery of improperly misappropriated funds.

Regulatory Framework: From Aggravated Fraud to Intermediary Liability

Within the Italian legal context, frauds related to the crypto world and fake online trading primarily constitute the crime of fraud, often aggravated by the use of IT tools and the victim's diminished defense, pursuant to Article 640 of the Criminal Code. However, the complexity of these cases lies in the transnational nature of criminal organizations and the anonymity guaranteed by the blockchain. One should not limit themselves, however, to the penal aspect of prosecuting the scammer, who often resides in non-cooperative jurisdictions. Recent case law is paying increasing attention to the civil liability of financial intermediaries, i.e., banks and exchanges that have facilitated fund transfers. In fact, there are specific anti-money laundering (AML) monitoring obligations that, if disregarded by credit institutions, can open the way for a claim for damages due to negligence in supervision, offering a concrete possibility of restitution for the victim.

The Bianucci Law Firm's Approach to Recovering Funds from Crypto Scams

Avv. Marco Bianucci, operating as an expert lawyer in criminal and banking law in Milan, tackles cryptocurrency scam cases with a dual and integrated strategy. The preliminary analysis does not stop at a simple criminal complaint, which often risks being dismissed if not supported by solid technical evidence. The Bianucci Law Firm collaborates with IT experts for tracing blockchain flows (chain analysis) to identify destination wallets and, where possible, link them to regulated exchanges where funds may have been converted into fiat currency. In parallel, a rigorous analysis is conducted on the conduct of the banking intermediary used by the victim to make transfers. If anomalies emerge that the bank should have detected and blocked, the legal action shifts to the civil plane to claim damages from the institution, significantly increasing the chances of capital recovery compared to action solely against unknown scammers.

Frequently Asked Questions

Is it really possible to recover money lost in a Bitcoin scam?

Fund recovery is complex but not impossible. It depends on several factors, including the timeliness of legal action, the traceability of blockchain flows, and, above all, the potential liability of the banking intermediaries or exchanges involved. A lawyer experienced in financial scams will assess whether to proceed against the scammers or to claim against credit institutions for lack of supervision.

What are the deadlines for filing a complaint for online fraud?

The strict deadline for filing a criminal complaint is three months from the date the victim became aware of the fact constituting the crime, i.e., from the moment they realized they had been scammed. However, for civil actions for damages against banks or intermediaries, the statute of limitations is much longer, generally ten years.

Is the bank liable if I authorized the transfers to the scammers myself?

In many cases, case law recognizes bank liability even if the transfers were authorized by the customer, provided the transaction presented clear anomalies that the institution should have detected based on anti-money laundering regulations. If the bank failed to block suspicious transactions to foreign accounts or reported platforms, it may be held liable for damages.

What is needed to initiate a debt recovery case from trading?

It is essential to gather all available documentation: proof of transfers made, conversations (chats, emails) with alleged brokers, screenshots of the fake trading platform, and any other useful data. This documentation will be the basis on which a lawyer expert in criminal law will build the complaint and any subsequent compensation claim.

Request a Case Evaluation

If you have been a victim of an online trading or cryptocurrency scam, time is a crucial factor. Contact Avv. Marco Bianucci at the Milan office at Via Alberto da Giussano, 26, for an in-depth review of your situation. Through a technical and legal analysis, we will verify the existence of the prerequisites to initiate a recovery action and protect your rights.