Carlos Felipe B.Managing partner and founder
Trial attorney in criminal, civil and real estate matters. University lecturer and panelist on "Legal Radio."
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Fraud
You handed over money, property or a signature to someone who deceived you; or you are accused of having deceived someone else in a deal that went wrong. In both cases the first thing decided is whether there was deceit the law punishes or a plain breach of contract, and everything else depends on that: the complaint, the defense and the chance of recovering the money.
Is this your case?
Six fraud situations that come through this office, from both sides of the deceit.
You paid for something that never existed
A property, a vehicle, an investment or a business sold with false papers, promises or a fake identity. The first thing to establish is what the deceit consisted of and what evidence of it remains.
A relative or an elderly person was defrauded
You can act on their behalf and file the complaint. The sooner the transaction is documented, the easier it is to follow the money.
Your company received a fake invoice, order or payment
Nonexistent suppliers, diverted transfers and altered documents. The criminal and civil paths are prepared together to recover what left the company.
You are accused of fraud over a deal that went wrong
Not every breach is a crime. If there was no deceit to obtain the handover, the matter is civil, and that is the first line of defense.
You are offered a settlement to withdraw the complaint
In ordinary fraud the action depends on the victim, so an agreement that returns what was handed over can close the case. It should be in writing and complete.
You were asked for money in exchange for a procedure or a favor
A service charged for and never performed, a title or a permit that never came. When deceit was the means of obtaining the payment, there is a case.
How a fraud case unfolds
Four stages. The first carries the most weight, and is the one fewest people prepare.
Gathering the evidence of the deceit
The messages, receipts, transfers, contracts and witnesses. That decides whether there is a crime or just a debt, and which path to take.
The complaint, or the response to it
For the victim, the criminal complaint joined with a civil claim, to recover the money within the same case. For the accused, the defense is laid out from the very first filing.
The investigation and the protective measures
The prosecutor investigates; measures can be requested so that the money or assets don't disappear while the case is pending.
The settlement, the trial and the collection
Many cases end with an agreed return of what was handed over. If there is no agreement, the trial decides the penalty and the compensation, and the judgment is enforced to collect.
Almost everything in law has a deadline, and yours is already running
Tell us what happened. We'll tell you which path applies and what to do right away, at no cost.
What to bring
None of this is required for the first conversation. First tell us how it happened.
The conversations
Messages, emails and calls with the other person, with their dates, exactly as they are.
Proof of payment
Transfers, deposits, receipts or checks: each handover of money and which account it went to.
The documents of the transaction
The contract, the promise of sale, the promissory note or the papers they showed you to convince you.
Details of the other party
Name, ID or tax number, phone numbers, accounts and any address you have.
The witnesses
Who was present at the conversation, the signing or the handover of the money.
What has already been served
The police report, the complaint or the summons, if they already exist, from either side.
With the person's name, the date and the amount we get started. Banks and platforms keep records of the transactions.
Criminal complaint, civil lawsuit or settlement
The three paths can be combined. Which goes first depends on where the money is and what evidence there is.
Complaint in criminal court
Proving the deceit that led to the handover, not just the debt The penalty and, by joining as a civil party, compensation When there were schemes, forged documents or a fake identityLawsuit in civil court
Proving the obligation and the breach Return of the money, with interest and damages if proven When the deceit is unclear but the debt is notSettlement
Both parties' agreement, in writing and with guarantees Return of the money without a trial, sometimes in installments When what matters is getting the money back quicklyGood to know
Fraud is not any deal that goes wrong. What the law punishes is getting someone to hand over money or property through deceit: a false name, a status one does not have, an altered document or a scheme to make someone believe what is not so. Without that deceit what remains is a breach, which is claimed through the civil courts. That difference decides the strategy on both sides: for the victim, it is what has to be proven; for the accused, it is the first thing argued.
And one fact changes the pace of the case: ordinary fraud is prosecuted only at the victim's request, so the case begins and continues on the strength of the victim's complaint, and a settlement that withdraws it can close it. Since August 3, 2026 the new Penal Code, Law 74-25, is in force and redefines offenses and penalties; since the law more favorable to the accused applies, in pending cases it is worth checking which one governs.
Before talking about a crime, the deceit has to be proven. Before talking about a debt, you have to know where the money is.
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Frequently asked questions about fraud
I was defrauded. Do I press charges or sue?
It depends on what you can prove. If there was deceit to get you to hand over the money, a criminal complaint applies, and within that case you can claim the return of the money by joining as a civil party. If there is only a debt with no deceit, the path is civil. Often both are prepared.
Can I recover the money from a fraud?
That is the goal from day one. You claim the return of what was handed over and compensation for the harm, and measures can be requested so the assets don't disappear while the case is pending. The sooner you act, the better the chances of following the money.
I am accused of fraud over a deal I couldn't fulfill. Is that a crime?
Not if there was no deceit to obtain the handover. A breach is a civil matter. The defense starts by showing that the deal was real and that what failed came afterwards.
Can the victim withdraw the complaint?
In ordinary fraud, prosecution depends on the victim's request, and the prosecutor pursues it only as long as that request stands. That is why a well-documented settlement that returns what was handed over can end the case. There are exceptions when the fraud affects the financial system, has many victims or is tied to organized crime.
What if the fraudster is abroad or uses another name?
The case goes on: the person is identified through the accounts, records and platforms they used, and action is taken against any assets they have here. If you live abroad, the case is handled remotely without you having to travel.
Is there a cost for the first consultation about fraud?
No: the first consultation about fraud is free. Tell us what happened and we tell you whether there is a crime, which path applies and which deadlines are running. If you decide to go forward with us, fees are agreed in writing before any work begins.
More on Criminal Defense
Tell us what is going on
Describe it in your own words. You don't need to know the legal term or have every document. Within 24 hours you will hear back on the options that apply and the deadlines that are running.
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