One of the most widespread forms of fraud in today's society is internet fraud (Internetbetrug). Here the internet serves as a means of obtaining money or other valuable property, often by using other people's payment systems and credit cards. This type of fraud is particularly dangerous and serious. Countless people are registered online whose data is not always adequately protected, and fraudsters who gain access to passwords, bank card numbers and payment details can conclude all kinds of transactions on the internet in your name and at your expense to enrich themselves. Moreover, the internet knows no borders, so offenses can be committed over long distances, from other cities or countries. Yet people do not always realize in time that they have fallen victim to fraudsters. At the same time, there are more and more cases online in which fraudsters find an unsuspecting third person to act as a cover and run all their schemes through that person, who has no idea that they have been drawn into a whirlpool of criminal and punishable acts. So how should you act in such situations?
In this article we describe another case that may help you recognize offenders in time and avoid becoming their victim. The brothers Valentin and Leonid (names changed) were very close. Although Valentin lived in Poland and Leonid in Germany, they always kept in touch, visited each other often and were up to date on everything happening in each other's lives. One day Valentin called Leonid with what seemed a perfectly ordinary request. Some acquaintances of Valentin's had learned that his brother lived in Germany — in a town on the Polish border, no less — and asked Leonid to accept a parcel for them. According to them, the only point was to save on international shipping. The online shop where they wanted to order some medicines offered free delivery within Germany, while delivery to Poland would have cost them about 15 euros extra. And since Leonid was planning to visit his brother soon anyway, he could bring the parcel to Poland himself and hand it over. There was nothing strange about the request; it was easy to understand, and Leonid agreed to help straight away. The acquaintances soon contacted him, he gave them his details, and only a few days later the parcel was on his table. A week later he drove to see his brother in Poland and handed it over.
A few weeks later his brother called Leonid again and told him about an interesting offer from his acquaintances. They had decided to open a small shop in Poland selling special goods that could only be ordered in Germany, and they offered Leonid a fee for helping them with the venture. He was to receive parcels and forward them via the cheaper Polish postal service, or bring them in person whenever he visited his brother. For this they were prepared to pay him 50 euros per parcel. The brothers thought it over for a while and decided to accept. And so it began.
Over several months, Leonid received small parcels, usually packed five of them into one large box and sent it on to the address his brother gave him, or sometimes brought it by car when he visited his brother in Poland. In total he sent about 5 boxes to Poland and received around 20 parcels at his address in Germany. But at some point it became a burden. More and more parcels were arriving, while the young man also had a regular full-time job, and he was desperately short of time. On top of that, he started getting strange, puzzling calls from unknown people, and he no longer liked any of it. So he told his brother he was unhappy and did not want to continue. And indeed, it all stopped soon afterwards. Valentin transferred around 250 euros to his brother for all five parcels sent, and they forgot about the whole thing.
A few months later, however, Leonid was standing in the hallway of our firm. He had received a notice that criminal proceedings had been opened against him — he was accused of internet fraud.
The young man was shocked, of course immediately realized where this was coming from, and told us the story of the parcels. The case was rather unusual. In our experience, people who later become victims of fraudsters usually find a job online receiving and forwarding parcels, with official employment and a signed contract that can later serve as proof of their innocence. Here the situation was somewhat different. Moreover, the notice of criminal proceedings issued by the public prosecutor's office concerned only one of the parcels he had received. The lawyer therefore immediately explained to Leonid how things might develop and advised him to file a report with the police without delay, in an attempt to forestall accusations concerning the other 19 such cases. The police also had to be given all the details of where, to whom, how much and what had been sent.
On the client's instructions, the lawyer quickly drafted the report and filed it with the police. He also requested access to the investigation file. Once it arrived, it became clear which parcel was at issue. It was indeed an order for some medicines, paid for with the credit card of a person living in Bavaria. The injured party had gone to the police after discovering that around 500 euros had been debited from his account. The police then opened an investigation and contacted the online shop to clarify the facts. The shop's representative provided the details of the person who placed the order, and according to the records our client was listed as the customer.
While preparing the client for trial, the lawyer told him about the questions he might be asked. The client of course had the right to remain silent, but Arthur wanted to be heard of his own accord. It was important, however, not to say anything unnecessary that could harm the case or distort the client's legal position. The lawyer therefore briefed him in advance, explaining how to conduct himself in court, what information he could share and what he had better keep to himself. Although the client had not the slightest idea of the group's illegal dealings, he could still have become suspicious and sensed that something was wrong — especially when puzzling invoices arrived at his email address and after the strange calls from unknown people. It was therefore vital to give the judge sufficient and accurate information, above all because there was a possibility that he might be accused, for example, of acting negligently or of reckless money laundering (leichtfertige Geldwäsche).
Valentin, for his part, also wanted to testify as a witness, above all because he felt guilty towards his brother — after all, he was the one who had dragged him into this unpleasant situation. Although the lawyer warned him of the risk involved, namely that he might be accused as an accomplice, he was still willing to appear in court.
On the appointed day, the injured party and a representative of the online shop also appeared at the trial. Arthur came across very confidently and gave a detailed account, including how it had all started and how it had unfolded. The injured party was then heard and asked certain questions as well, such as whether he had used his credit card to pay for medicines or had ever used the card abroad at all. In his answers, the injured party said nothing that would have counted against our client. The online shop's representative was heard too. He gave very revealing evidence, which proved partly decisive in this case. The representative explained that absolutely anyone can register online under someone else's name and place an order using another person's data. He also stated that goods can be paid for in many different ways, including by credit card, and that anyone who knows the card details can make a payment.
Relying on the testimony of the shop's representative, the lawyer drew the judge's attention to the fact that our client was a victim in this case as well, since fraudsters had misused his data too: he had had no idea that he was listed as the customer for the goods in question, or that an email account had been set up in his name. The fact that the order had been placed in our client's name therefore did not prove that he had actually placed it. The file contained no evidence that it was our client who had entered his data.
In the end, the court was persuaded, and our client was fully acquitted, as it could not be proven that he was the one who had committed the offense. The testimony of the two brothers themselves also had a positive effect on the judge's decision. The fact that they had volunteered to testify counted in their favor, and the judge believed them.
In closing, we would like to say this: dear readers, be careful and alert, and do not fall for fraudsters, who are becoming more inventive and cunning by the day. Probably everyone feels the urge to make easy, quick money at some point. But you should never forget to exercise due caution — in particular, never hand over personal data to a stranger who could use it for their own purposes. If you have nonetheless fallen into the hands of fraudsters, contact a lawyer without delay who can properly assess the facts and all possible legal consequences and develop an appropriate defense strategy.
Our client Arthur was acquitted on only one of the incidents he was accused of — out of 20 in total, as a reminder. You will find out how his story ends in future issues of our magazine. In a word: to be continued.
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