Legal Assistance for Victims of Cyber Fraud

The digital world offers countless opportunities, but also exposes us to significant risks such as phishing, smishing, and online scams. Falling victim to cyber fraud is not just a financial loss, but an experience that generates frustration and a sense of powerlessness. Often, it is too late when we realize we have clicked on a malicious link or provided sensitive data following communications that seemed to come from our bank or the postal service. As a lawyer specializing in criminal law in Milan, Avv. Marco Bianucci deeply understands the sensitivity of these situations and offers timely legal support to protect the rights of victims.

The Regulatory Framework: Cyber Fraud and Banking Liability

Online scams, technically defined as cyber fraud, are governed by Article 640 ter of the Italian Penal Code. This crime occurs when someone, by altering the functioning of a computer system or unlawfully interfering with data and programs, obtains an unjust profit for themselves or others to the detriment of others. However, legal protection is not limited to a criminal complaint alone. A crucial aspect concerns the liability of financial intermediaries. According to current regulations and the orientation of the Banking and Financial Arbitrator (Arbitro Bancario Finanziario), banks are obliged to ensure adequate security systems. If money has been withdrawn from a current account without gross negligence or intent on the part of the user, the credit institution may be required to refund the sums unduly withdrawn.

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

The Bianucci Law Firm addresses cases of online scams and phishing with a dual strategy, aimed at maximizing the chances of recovering stolen assets. Avv. Marco Bianucci, a lawyer specializing in cybercrimes in Milan, begins with a detailed technical analysis of how the fraud occurred. This step is fundamental to establishing whether there were any breaches in the bank's security systems. Subsequently, an accurate and complete complaint is drafted, essential for initiating investigations by the Postal Police. In parallel with criminal proceedings, the firm assesses the opportunity to take action in civil court or out-of-court against the banking institution, initiating complaint procedures or appeals to the Banking and Financial Arbitrator (ABF) if necessary. The goal is to provide comprehensive defense that leaves no stone unturned, guiding the client through bureaucratic and legal complexities.

Frequently Asked Questions

I have been a victim of online identity theft, what should I do immediately?

The first immediate action is to block the credit cards or bank accounts involved by contacting your bank. Immediately after, it is necessary to file a criminal complaint with the competent authorities (Postal Police or Carabinieri). It is advisable to seek assistance from a lawyer specializing in criminal law to draft the complaint so that it contains all the technical elements necessary for investigations and for future compensation claims.

Is the bank obliged to refund me if I have been a victim of phishing?

In many cases, yes. Regulations stipulate that, in the event of unauthorized transactions, the bank must refund the customer, unless it can prove that the user acted with intent or gross negligence. Simple carelessness is often not enough to exempt the bank from liability, especially if the security systems did not detect the anomaly of the transaction.

How much time do I have to report an online scam?

For a criminal complaint, the deadline is three months from the day you became aware of the fact that constitutes a crime. However, for banking disputes and civil debt recovery procedures, the timeframes may differ. It is crucial to act with the utmost speed to avoid the loss of digital evidence and to block, if possible, the flow of money.

Is it worth contacting a lawyer for small amounts?

Each case must be evaluated individually. Even for amounts that may seem small, the intervention of a professional can be decisive, especially considering that the fraud could be part of a larger attack on many account holders. Furthermore, a well-structured legal action increases the chances of obtaining reimbursement for legal expenses incurred as well.

Request a Case Evaluation

If you suspect you are a victim of an online scam or have noticed suspicious movements on your bank account, do not wait any longer. Timeliness is a critical factor in recovering stolen funds. Avv. Marco Bianucci is available at the Milan office, located at Via Alberto da Giussano 26, to examine your situation and define the most appropriate defense strategy. Contact the Bianucci Law Firm to schedule an appointment and protect your rights.