Not every dispute over money is deception
A deal that fell through, a loan that was not repaid, a sale that went wrong: the OM calls it deception, but often it is a civil dispute. That difference is your defence.
The requirements of article 326
Deception (oplichting) requires a deceptive means: a false name, a false capacity, a web of fabrications or cunning tricks. A mere broken promise is not enough.
In addition there must be intent to gain an unlawful advantage and a causal link with the handing over. If a single link is missing, the charge does not hold up.
Civil dispute or offence
Many cases reported as deception belong before the civil court. Non-payment or a failed enterprise is not criminal law. We make that boundary visible to the prosecutor and the court.
Someone who could not perform is not yet a fraudster; that requires deception beforehand.
Online deception and marketplace fraud
In trade via the internet we test whether the advertisements, accounts, payments and messages are actually traceable to you. An IP address or a bank account in your name is not yet proof that you acted.
Sending without delivering, or delivering without paying, calls for a precise reconstruction of who did what.
Money mule or perpetrator?
Regularly someone is prosecuted because their account or details were used, while they themselves were recruited or deceived. The question is then whether the conduct can be attributed to you.
We investigate access to accounts, recruitment and whether you are a victim rather than a perpetrator.
Multiple complaints and swindling
The OM likes to combine complaints into a single case or speak of swindling (flessentrekkerij — a habit of buying without paying). Yet each complaint must be proven separately.
We dissect them one by one instead of accepting them as a whole.
Dismissal, damage and future
Where the civil character predominates or the evidence is thin, we argue for a dismissal before it comes to a hearing. If a complainant joins with a damages claim, we test it for substantiation and scope.
A conviction for deception also affects your VOG; we weigh that interest from the outset.
When to call us
- A complaint has been filed after a business or online transaction
- You are being linked to a bank account or advertisement
- You may have been used as a money mule
- You have received an invitation for interview
- Multiple complaints have been combined into a single case
- There is a damages claim from an injured party
Frequently asked questions
I simply could not repay. Is that deception?
No. Non-performance is a civil matter, unless you deceived from the outset with a deceptive means. We show that the intent and the means are lacking.
My account was used, but not by me. What now?
Then the question is whether the conduct can be attributed to you. We investigate IP data, access to accounts and whether you may yourself be a victim or money mule.
There are many complainants. Does that make it worse?
More complaints increase the pressure, but each complaint must be proven separately. We dissect them one by one instead of accepting them as a whole.
Can the case be dismissed?
Yes, particularly if the civil character predominates or the evidence is thin. We argue for dismissal before the OM before it comes to a hearing.
What exactly is a deceptive means?
A false name or capacity, a web of fabrications or cunning tricks. Without such a means there is no deception, at most a civil breach of contract.
I was myself recruited as a money mule. Am I criminally liable?
That depends on what you knew and did. Someone who was themselves deceived or recruited is in a very different position from the mastermind. We bring that difference sharply into focus.
What is swindling (flessentrekkerij)?
Making a habit of buying goods without being able to pay for them (art. 326a). For a "habit" a pattern is required; we contest that classification in the case of isolated incidents.
Must I pay the damages claim?
Only what is legally and factually justified. We mount a defence against the amount and substantiation of the injured party’s claim.