Fake invoices and false IBAN transfers

As an experienced lawyer for IT and media law, I regularly handle cases of invoice fraud and misdirected bank transfers. In this detailed blog post, I would like to provide important information, legal aspects and recommendations for action on these topics.

The growing threat of invoice fraud

Invoice fraud is a form of white-collar crime that has increased significantly in recent years. Fraudsters are becoming increasingly sophisticated in their approach and are targeting companies in particular, as larger sums are often involved.

Typical fraud scenarios include:

– Fake invoices from alleged suppliers or service providers
– Manipulation of genuine invoices with altered bank details
– Phishing emails with false requests for payment

Detection of counterfeit invoices

To protect yourself against invoice fraud, the following points should be observed:

1. careful verification of sender addresses and contact details
2. Compare the invoice details with your own records
3. Take particular care with changes to bank details
4. Check the commercial register number given
5. Check the IBAN for plausibility

If in doubt, it is advisable to contact the alleged biller via the known official channels.

Incorrect IBAN transfers: Quick action is crucial

Even with careful checking, it can happen that money is inadvertently transferred to the wrong account. In such cases, quick action is crucial:

1. inform the bank immediately and request a transfer recall
2. Depending on the situation, the bank may still be able to stop the transfer
3. If the transfer has already been credited, the bank may initiate an information procedure
4. The recipient is generally obliged to repay the amount

It should be noted that the chances of recovery decrease the more time passes. Therefore, quick action is of the utmost importance.

Preventive measures for companies

To minimize the risk of invoice fraud and incorrect transfers, companies are recommended to take the following steps:

1. implementation of a dual control principle for payment approvals
2. Regular training of employees on current fraud scams
3. Establish clear processes for changes to supplier data
4. Use of secure electronic payment methods
5. Systematically check incoming invoices for discrepancies

Legal aspects and current court proceedings

As a specialist lawyer, I now handle a number of court cases dealing with the issue of fake invoices. These cases show how complex and multi-layered the legal assessment of such fraud cases can be.

A frequently cited judgment in this context comes from the Higher Regional Court of Karlsruhe. This ruling is often used as the basis for the legal classification of cases involving forged invoices and false IBAN transfers. However, it is important to emphasize that each case must be considered individually. Case law in this area is constantly evolving and it is advisable not to jump to the conclusion that this judgment is the final legal solution in every case.

For a more detailed look at the legal aspects and practical recommendations for action, I recommend my detailed article on this topic: [Fake invoices with a false IBAN: What to do if you’ve fallen for fraudsters](https://itmedialaw.com/fake-rechnungen-mit-falscher-iban-was-tun-wenn-man-auf-betrueger-reingefallen-ist/)

The importance of individual legal advice

The experience gained from the court proceedings I have handled shows that each case of invoice fraud or misdirected transfer has unique characteristics. It is therefore crucial not to rely solely on general case law, but to have an individual legal assessment carried out.

Factors that can play a role here include

– The specific circumstances of the fraud
– The amount of damage incurred
– The response time and measures taken after the fraud was discovered
– The due diligence obligations of the parties involved

A precise analysis of these and other factors can be decisive for the outcome of a legal dispute and the options for settling the claim.

Support through specialized legal advice

As a specialized lawyer, I can offer support with

– The legal classification of fraud cases
– The enforcement of recovery claims
– The defense against unjustified claims
– The optimization of internal processes for fraud prevention
– The creation of training concepts for employees

It is advisable to seek professional help at an early stage in order to maximize the chances of limiting or averting damage.

Cooperation with specialized security companies

In my practice as an IT and media lawyer, I have come to realize how important a holistic approach is in the fight against white-collar crime. I am therefore pleased to announce that I am now also working with a specialized security company that can provide expert opinions in cases of invoice fraud and misdirected transfers.

This collaboration enables me to offer my clients even more comprehensive support. The security company has experts in the field of IT forensics and white-collar crime who can provide well-founded expert opinions on various aspects, including:

– Detailed analyses of fraud patterns
– Technical investigations into invoice forgery
– Tracking of cash flows in cases of suspected money laundering
– Evaluation of the security measures used in the company

The preparation of such expert opinions can be advantageous in several respects:

1. they provide valuable evidence for potential legal proceedings.
2. they help to identify weaknesses in internal processes.
3. they support the development of improved prevention strategies.

By combining my legal expertise with the technical and forensic skills of the security company, we can tackle and solve white-collar crime cases even more effectively.

Holistic approach to problem solving

This extended cooperation enables a holistic approach to dealing with cases involving counterfeit invoices and false IBAN transfers. Not only the legal aspects are taken into account, but also technical and safety-related factors.

A typical procedure could look like this:

1. initial legal advice and assessment of the case
2. If necessary, commissioning the security company to prepare an expert opinion
3. Analysis of the results and development of a legal strategy
4. Implementation of the strategy, including legal action if necessary
5. Development of preventive measures to avoid future incidents

This comprehensive approach not only increases the chances of a successful solution to the current problem, but also helps to better protect the company for the future.

Conclusion and outlook

The issue of forged invoices and false IBAN transfers remains highly topical and legally complex. It is to be expected that case law in this area will continue to develop, particularly in view of increasing digitalization and the new forms of fraud that this entails.

As a specialist lawyer, I follow these developments closely and am committed to representing my clients’ interests in the best possible way in the proceedings I handle. It is often necessary to critically scrutinize established case law and develop new lines of argument.

Caution and careful examination remain the best protection against fraud. It is important to remain vigilant and, if in doubt, not to be afraid to ask questions or seek advice. If you are affected by a case of invoice fraud or a misdirected bank transfer, do not hesitate to seek expert legal advice. This is the only way to ensure that your individual circumstances are taken into account appropriately and that you receive the best possible legal support.

I will be happy to provide you with further information and support. Together we can develop the best strategy for your case and represent your interests effectively.

Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.