AS
Bufete de abogados penalistas Alonso Sala
phishingPractice Area

Phishing & Fraud

Specialized defense for 'Money Mules' and social engineering victims. Error of type as a cause for acquittal.

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Social Engineering and Error of Type

Most of our clients accused of cyber fraud are not hackers, but people deceived through fake job or loan offers (Phishing). They believe they are legally working managing collections, when in reality they are laundering money from scams.

Defense: Absence of Intent

Our strategy focuses on proving <strong>Error of Type</strong> (Art. 14 CP). If we demonstrate that the client acted under deception and was unaware of the illicit origin of the money, there is no intent (criminal intention). We provide emails of the fake job offer, simulated contracts, and analyze the client's profile to prove their good faith.

CEO Fraud (BEC)

In the corporate sphere, we defend financial and administrative executives who, deceived by an email impersonating the CEO or a regular supplier, made transfers to scammers' accounts. We prove they were victims of a sophisticated attack that bypassed standard security filters, eliminating criminal liability for unfair administration.

phishing

Why Alonso & Sala for Phishing?

Specialized defense for deceived mules and CEO Fraud victims. Error of type and bank liability.

  • verified_userError of type strategy: fake offer + non-criminal profile = no fraud intent.
  • verified_userMinor (not gross) negligence defense in laundering due to deception circumstances.
  • verified_userClaims vs. banks: duty of vigilance for anomalous transfers (civil liability).
  • verified_userCEO Fraud/BEC experience: victim of sophisticated attack ≠ unfair administration.
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FAQs

Am I guilty if I was tricked with a job offer?expand_more
You shouldn't be. If you can prove you were recruited with a fake offer and believed you were doing a legitimate job (collections agent, financial intermediary), there is no criminal intent. It's an 'error of type' that excludes liability for fraud.
And for money laundering?expand_more
Laundering also punishes commission by gross negligence. The prosecution will argue you 'should have known' the money was illicit. Our defense is to prove your negligence was minor, not gross, given the circumstances of the deception.
If I'm a victim of phishing, can I get my money back?expand_more
It's difficult. If the bank did not implement adequate security measures (two-factor authentication), you can claim a refund for civil liability. If the mistake was yours (you gave out your keys), recovery is almost impossible, but we can sue the 'mule' to try to seize their assets.
Is the bank responsible?expand_more
Banks have a duty of vigilance. If the transfer was anomalous (very high, to a strange country, in the middle of the night) and they didn't block it, they may be liable. It's a line of claim we explore.
What is the penalty for being a 'money mule'?expand_more
The penalties are severe because fraud and money laundering are combined. They can easily range from 2 to 6 years in prison, depending on the amount. That's why a good defense from the start is vital.
How do I defend myself if I'm accused of being a mule?expand_more
By providing the fake job offer, emails with your 'boss', the simulated contract, and showing you had no prior record and your profile is not that of a criminal. You must convince the judge you were a deceived instrument, not an accomplice.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

Contact Alonso Sala

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