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Accusation of fraud: how to behave correctly

The accusation of fraud ranges from an online transaction to business disputes. Fraud requires a deception, an error, a disposal of assets and a loss, and intent. With an accusation, caution is called for: files first, then decide.

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Your chances of getting your money back

Fraud requires that someone, through deception, causes an error, thereby brings about a disposal of assets and causes financial loss, with intent to enrich and intent (§ 263 StGB). If an element is missing, fraud is ruled out.
Many accusations can be refuted if there was no intent or no deception, or if there is a merely civil-law dispute. Access to the file and a well-thought-out defense are decisive.

What you should do now

  1. 1

    1. Remain silent

    Make no statements on the matter at first.

  2. 2

    2. Access the file

    Have the accusation and the evidence situation examined.

  3. 3

    3. Question intent

    Clarify whether deception and intent really exist.

  4. 4

    4. Choose a strategy

    Decide, informed, on a statement or discontinuance.

How to spot the scam

  • You testify before you know the evidence situation.
  • A civil-law dispute is prematurely treated as fraud.
  • Important exonerating points (lack of intent) are not raised.

Frequently asked questions

When is there punishable fraud?

When someone intentionally, through deception about facts, causes an error, thereby brings about a disposal of assets and causes financial loss, with the intent to unlawfully enrich themselves or a third party (§ 263 StGB). If one of these features is missing, fraud is ruled out.

Is every unfulfilled agreement fraud?

No. Anyone who fails to render a service does not automatically commit fraud. Only intentional deception with intent to enrich is punishable. Often it is a purely civil-law dispute without intent, which is not punishable.

Should I testify at the police?

You need say nothing on the matter. Especially with fraud accusations the evidence situation is complex. It is usually advisable to remain silent at first, access the file and only then decide on a statement, so as not to commit yourself prematurely.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.