Lawyer - Bank fraud

With payment fraud on the rise, banking scams are taking increasingly sophisticated forms. Unauthorised transfers, fake advisers, identity theft, phishing: victims often discover too late that their account has been emptied. Whether the victim is an individual or a business, they are faced with complex procedures, terse responses from their bank, and sometimes considerable financial losses.

Our firm, which is registered with the Bar, acts quickly to defend the rights of clients faced with this type of case. We act in banking law, business law and financial litigation to challenge refusals to repay, prove that there was no fault on the part of the bank and challenge the bank's liability.

Our approach is clear: every case is unique, and every scam deserves a tailored response. We combine legal rigour, technical knowledge and a sense of service.

Dispute a fraudulent payment transaction on your bank account

Did a payment transaction appear on your account without authorisation? In this case, the French Monetary and Financial Code entitles you to a refund, provided you have not been grossly negligent. The time limit is short: 13 months, sometimes less.

In many cases, the bank will claim implicit authorisation or blame the user for an error. In such cases, it is necessary to demonstrate that the transaction was fraudulent, to prove that there was no wrongdoing, and to contest the opposing argument point by point.

We examine the case in depth, analysing your bank account, reconstructing the chronology, examining the security measures used and linking them to the payment service provider's obligations. If necessary, we take legal action.

Example: a transfer of €18,500 made at 3am from a foreign IP address using a payment instrument that is not normally used. The bank refused to refund the money, believing the transaction to be authorised. We demonstrated the technical anomaly, the lack of strong authentication, and won the case.

Sophisticated scams: fake bank advisers, phishing and spoofing

Bank fraud is no longer based solely on deception. It now uses advanced manipulation techniques: spoofing of your branch's telephone number, email spoofing, cloned interface of your bank's website. Customers think they are acting to protect their account, but in reality they are being guided by a swindler.

The law now recognises that even a cautious user can be taken advantage of. Our job is to prove that you acted without fault, gather evidence (messages, recordings, technical traces), and reclassify the operation as unauthorised.

We also intervene to report the scam to the relevant authorities, lodge a complaint, or launch an appeal if the bank refuses to acknowledge its responsibility.

3 key elements in demonstrating fraud involving bogus bank advisers :

• Presence of a false transfer order sent by telephone or e-mail

• Unusual or inconsistent connection address

• Proof that the payer has not habitually used the payment instrument

Bank liability: negligence, failure to reimburse and recourse

When a refund is refused, you need to ask yourself what the bank knew or should have detected. A transfer that is not consistent with your habits, an unusual amount, a remote IP address: these signals should alert the bank.

We analyse any breaches of the security obligation, the presence (or absence) of strong authentication, and the chronology of the transaction. If the security measures put in place fail, the bank may be held liable.

In many cases, the key lies in a technical examination of the conditions under which the payment transaction was carried out. And in the ability to demonstrate that the customer acted prudently, without fault or intent to endorse the disputed order.

Fraud prevention: security measures and professional obligations

Prevention is better than cure. Our firm offers companies and individuals an audit of security practices relating to payment methods. The aim is to detect loopholes, anticipate risks and educate users about handling techniques.

We support the implementation of internal procedures, dual authentication systems and automated alerts on suspicious movements. We can also help you draw up internal charters, protective contractual clauses and enhanced verification procedures.

Example: formal warning sent to employees in charge of payments when an IBAN is changed, coupled with a verification call to a known number.

Companies victims of financial fraud: forged RIBs, chairman scams and internal fraud

In some cases, the fraud affects the heart of the company's financial system. Whether it's a fake courier dropping off an altered bank account details, the impersonation of a chairman sending an urgent bank transfer order, or a coordinated attack using targeted emails, the amounts involved are often significant.

Our firm takes action: reconstructing the scenario, securing evidence, analysing exchanges and lodging a complaint. We then defend the customer's interests in the dispute, if necessary by holding the bank or service provider involved liable.

Our advice: any transfer over a certain amount must be double-checked. It's a simple but crucial measure.

Why call on our firm in the event of bank fraud?

Every case is different. And yet, in almost every situation, there is one recurring theme: the bank is trying to clear its name. Our role is to prevent these automatic refusals by reconstructing the facts, applying the law and explaining the technical reality of the transactions.

A member of the Paris Bar, and regularly involved in banking law and financial litigation, Maître [...] defends victims in Paris and the regions. The firm focuses on efficiency, without unrealistic promises, but with a demand for results and a clear strategy.

We assist our clients at every stage: analysis, complaint, appeal. And if legal action is necessary, we defend your position before the tribunal de grande instance, the tribunal judiciaire or, if necessary, the Cour de cassation.