SCAM on TRADING platforms

12/09/2020

Our first obligation will consist of distinguishing between all the platforms that we can find on the internet, those that are authorized and under the supervision of regulatory bodies, such as the CNMV in Spain, FCA in the UK, MFSA in Malta, KNF in Poland, or CYSEC. in Cyprus, etc., of the platforms that are not registered, even if they pretend to operate under their protection, since the latter are known as "financial stalls", they are illegal and their sole objective is to deceive investors in good faith faith who trust in the appearance of legality. These entities do not have real activity, but through web pages with a quality appearance and design, they simulate making investments while the amounts delivered never access the platform. The way to proceed is usually contact without prior request for information, promise of guaranteed high returns and obtaining benefits from the first operation, creating the appearance of a high return. They use psychological pressure techniques to make immediate decisions, the agent seeks an excessive affinity with the investor, which in the end, leads to finding it difficult to make capital withdrawals with excuses of greater profitability to achieve new income.

In Spanish punitive law, fraud consists of a torticous and deceptive maneuver through which the agent, hiding reality, plays within appearance to win the will of the injured party, making him believe and accept what is not true (STS 17- 11-97). To convict for the crime of fraud, prior or concurrent deception is required, enough for the achievement of the proposed purposes, which produces an essential error in the taxpayer who, unaware of reality, performs an act of financial disposition that harms him. Both actions must be causally linked, so the deception must be prior or concurrent - fraud after the action is not valued -, concurring profit in the agent. The normal thing in these cases is that the employees of the platform act under false identities to facilitate their impunity, making it difficult to track down and identify the real people behind the false platforms. Consequently, we must immediately file a complaint with the Duty Court requesting the urgent adoption of investigative measures (information to banks, telephone companies, regulatory bodies, etc.), even if they require international cooperation in cases where the activity fraudulent had been deployed abroad. Likewise, we must request precautionary measures such as the seizure of bank accounts to block existing funds, and prevent their evasion to third countries that do not have international legal cooperation agreements with the Kingdom of Spain.