Bufete de abogados penalistas Alonso Sala

phishingPractice Area

Cyber Fraud & Phishing Defense

Technical defense in computer fraud crimes. Phishing, Smishing, and CEO fraud.

CEO Fraud (BEC): Executive Defense

"Business Email Compromise" (BEC) or CEO Fraud is one of the most damaging scams for companies. Cybercriminals impersonate the CEO or a regular supplier to order urgent transfers. When the fraud is discovered, the company often looks for internal parties responsible, accusing the CFO or administrator who made the payment of Unfair Administration.

Our defense focuses on proving the technical sophistication of the deception (spoofing, social engineering, prior hacking) to demonstrate that the employee acted with due diligence and was a VICTIM, not an accomplice or negligent.

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Bank Phishing: Who Pays the Bill?

If your account has been emptied via Phishing or Smishing, the bank will almost always try to blame you, claiming you gave out your keys ("Gross Negligence"). However, the Payment Services Law (LSP) is very protective of the user.

For the bank to avoid refunding the money, it must prove that your negligence was "gross". Courts consider that if the deception was very credible (SMS in the same thread as legitimate bank ones, perfect cloned web), there is NO gross fault of the user and the bank MUST refund the funds.

Money Mules

Many people (especially young ones) are recruited with fake job offers ("payment processor", "financial agent") to receive money in their account and forward it in exchange for a commission. Unknowingly, they are laundering money from scams.

Defense Strategy

The Prosecution usually charges fraud (necessary cooperator) and money laundering. Our defense is based on proving <strong>prior deception</strong> and lack of "intent". We fight to demonstrate that the client was used and did not know the illicit origin of the money, downgrading the conduct to negligence which, in the worst case, drastically reduces the penalty.

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Why Alonso & Sala for Cyber Fraud?

In cyber fraud, response speed is critical. We work with forensic IT experts to trace funds and demonstrate technical sophistication of deception.

verified24h response for transfer blocking and bank claims.
verifiedNetwork of forensic experts in cybersecurity and blockchain traceability.
verifiedExperience defending innocent 'money mules'.
verifiedSpecialized litigation against banks for security negligence.

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FAQs

What is 'CEO fraud' or BEC?expand_more

It's a scam where criminals impersonate a company's CEO's email to order the finance department to make an urgent and confidential transfer to a fraudulent account. We defend the employee who makes it, proving they were a victim of a sophisticated deception.

I've been a victim of phishing, will the bank refund my money?expand_more

It depends. If the bank didn't have robust security measures (two-factor authentication) or if they didn't act quickly after you reported it, a refund can be demanded. If the mistake was yours for giving out your keys, liability is more debatable, but it can still be fought.

Are purchases on Wallapop or Vinted safe?expand_more

They are safe platforms if you use their integrated payment and shipping systems. The risk arises when the seller asks you to leave the platform and pay by Bizum or transfer. If you do and they don't send the product, it's a scam, but harder to claim.

I was scammed with a cryptocurrency investment, can I do anything?expand_more

It's very complicated. The money usually ends up in anonymous 'wallets' abroad. We can file a complaint for the police to try to trace the funds on the blockchain, but recovery is rare. Prevention is key: be wary of guaranteed returns.

How do I protect myself from cyber scams?expand_more

Be wary of urgency and bargains. Never give out your keys via email or SMS. Always use two-factor authentication. Verify important transfers by phone. Use secure payment systems on platforms.

If I'm a victim, what's the first thing I should do?expand_more

1. Contact your bank IMMEDIATELY to try to cancel the transfer. 2. Report it to the National Police or Civil Guard, providing all evidence (emails, screenshots, etc.). 3. Contact a lawyer to assess the viability of a criminal complaint and a claim against the bank.

Is it a crime to buy on a fake website if they send me nothing?expand_more

Yes, it is basic fraud. The problem is usually locating the perpetrator if the website is abroad. We recommend always reporting so the police can request the domain block and trace the money's destination account.

What is 'Child in Distress' (WhatsApp)?expand_more

It is a massive scam where they write to you from an unknown number pretending to be your child ('my phone broke, this is my new number') and asking for urgent money. Banks sometimes deny the refund claiming you made the transfer voluntarily. We litigate those cases alleging vice in consent due to emotional manipulation and lack of bank security measures (if anti-fraud alerts did not trigger).

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shieldClaves de la Defensa

Social Engineering

Prove technical sophistication of deception (spoofing, cloning).

Bank Negligence

Hold bank liable for lack of security measures or anti-fraud alerts.

Lack of Intent

Prove accused was victim and unaware of illicit origin.

gavelElementos del Delito

check_circleSophisticated Deception:Phishing, smishing, vishing, email/web spoofing.
check_circleTransfer:Asset disposition in favor of scammer.
check_circleDamage:Economic loss of victim (not recoverable without intervention).

gavelConsecuencias Penales

Prison 6m-3 years

Basic fraud, suspendable if first time.

Prison 1-6 years

If exceeds €50,000 (aggravated fraud).

Money Laundering

If acting as 'mule', also laundering (6m-6 years).

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Phishing Victim?

Act within first 24h. We can block transfer and claim against bank. Time is critical.

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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