Your company is a victim of fraud
Fake transfer orders, impersonation of a supplier, misappropriation of funds by an agent, systematic over-billing by a service provider. There are many different types of fraud between professionals, but what they have in common is the financial damage they inflict and the need to act quickly to preserve evidence.
The law offers several courses of action, depending on the nature of the facts: criminal prosecution for fraud or breach of trust, civil action for damages, action for unfair competition when the fraud originates from a competitor. The Court of Cassation recently extended the scope of breach of trust to include information transmitted as part of a pre-acquisition audit (Cass. crim., 25 June 2025, no. 21-83.384) - intangible assets are now protected in the same way as cash.
The choice of classification and procedural route has a direct impact on the effectiveness of the action. A mistake in the initial characterisation can waste precious time.
Art. 313-1 of the Criminal Code - Swindling
«Fraud is the act, either through the use of a false name or capacity, or through the abuse of a true capacity, or through the use of fraudulent manoeuvres, of deceiving a natural or legal person and thus determining, to his detriment or to the detriment of a third party, to hand over funds, securities or any property whatsoever.» 5 years' imprisonment and a fine of 375,000 euros.
Our firm handles
- Legal analysis of the facts and classification of the offence
- Putting together a file of evidence and lodging a complaint
- Bringing a civil action before the criminal court
- Action for damages before the commercial court
- Precautionary measures to preserve assets (precautionary seizure, escrow)
- Recovery of misappropriated funds
You have been accused of deceptive practices
Accusations of product misrepresentation, accusations of misleading advertising, complaints from a competitor about unfair commercial practices, prosecution by the public prosecutor's office following a report. Bringing an executive or a company to book for commercial fraud can have serious consequences: criminal sanctions, professional bans, lasting damage to reputation.
Managers are often unaware of one point: criminal liability can be imposed even without direct participation in the acts. A lack of control or supervision is sufficient. The legal entity is prosecuted, and its legal representative with it.
There is a fine line between the different types of offence. Deception, swindling, breach of trust, misleading commercial practices: each classification has distinct constituent elements. Rigorous analysis of the classification chosen is the first line of defence.
| Qualification | Text | Components | Maximum penalty |
|---|---|---|---|
| Scam | Art. 313-1 Criminal Code | Fraudulent manoeuvres leading to the remittance of funds | 5 years + EUR 375,000 |
| Breach of trust | Art. 314-1 Criminal Code | Misappropriation of goods handed over on a precarious basis | 3 years + EUR 375,000 (7 years if director) |
| Deception | Art. L.441-1 C. conso | Deception as to the nature, quality or origin of the product | 2 years + EUR 300,000 |
| Misleading commercial practices | Art. L.121-2 C. conso | False allegations distorting economic behaviour | 2 years + EUR 300,000 or 10% of turnover |
Our areas of defence
- Challenging the classification and reclassification as a less serious offence
- Demonstrating the absence of fraudulent intent
- Contesting the materiality of facts or evidence
- Irregularity of findings and procedural defects
- Negotiation of an alternative criminal response (composition pénale, CRPC)
- Compliance audit to prevent the risk of repeat offences
Fraud control
The DGCCRF has extensive investigative powers, including the right to visit premises, seize documents, take samples and detain products. A simple report on the SignalConso platform can be enough to trigger an inspection. The findings of the officers may be passed on to the public prosecutor or lead to direct administrative sanctions.
The absence of a lawyer during the inspection phase is a frequent error. The official reports will serve as the basis for any prosecution. Any statement or document submitted may be used. Supervising this phase is essential to protect the company's rights.
Art. L.121-1 of the Consumer Code
«Unfair commercial practices are prohibited. A commercial practice is unfair when it is contrary to the requirements of professional diligence and alters or is likely to alter in a substantial manner the economic behaviour of the consumer».»
Our intervention from the outset
- Immediate analysis of the control notification and its scope
- Support during visits and supervision of discussions with agents
- Checking that minutes are in order
- Challenging protective measures (deposit, seizure)
- Negotiation with the administration to avoid referral to the public prosecutor's office
- Defence in criminal court if proceedings are brought
EN 
FR