With the increasing digitalization of the financial market and the The growing importance of internet-based trading platforms also has criminal investigations related to so-called Cybertrading has become significantly more important. Be in the center regular allegations of investment fraud in accordance with Section 263 StGB. The procedures often do not just affect individuals Sales employees, but rather complex ones with a division of labor Corporate structures with different functional and Levels of responsibility.

In Criminal practice shows that a reliable Classification is only possible if the respective role of the The people involved are carefully considered in a differentiated manner. General attributions often fall short.

Cybertrading as a manifestation of digital investment offers

Below Cybertrading is generally Internet-based trading understand financial products. These include, in particular, platforms, about the investors supposedly in stocks, foreign currencies, contracts for difference or invest in cryptocurrencies. The technical and The creative professionalism of such platforms often leads This means that it is difficult for outsiders to identify reputable offers can be distinguished.

In The accusation exists in criminally relevant constellations regularly in that the platforms only provide the appearance of one real trading, although not actually an investment in financial instruments. Displayed account balances, profits, losses and transactions then only serve to simulate one functioning business model.

Corporate structures and division of labor organization

The Structures identified in investigations often indicate high degree of division of labor. In addition to the people who are for should be responsible for structure, organization and control, There are regular operational levels with different ones areas of responsibility. This includes, for example, employees in initial contact Customers, people in ongoing customer support, team leaders, Support units or internal control and Quality assurance areas.

Typically is between so-called Conversion Agents and Retention Agentsdifferentiated. Conversion agents often take over Initial contact, introduce potential customers to the platform and accompany first deposits. Retention agents look after customers then in the further course and should lead to additional investments motivate. In addition, there are often other organizational ones Levels, such as supervisors, back office structures, customer support or internal control bodies.

Off However, from a criminal law point of view, it is not just being involved in one Such structure is crucial, but rather the concrete function actual level of knowledge and the individually verifiable contribution to the crime.

Customer acquisition, Communication structures and external appearance

To In many cases, external advertising partners are used to attract new investors or so-called affiliates are used. Generate these Interested party data via online advertising and forward it to the operators or allegedly affiliated companies. Afterwards Contact is made regularly by telephone or digitally by platform employees.

Striking In many cases it is a professional external representation. It is not uncommon for employees to go under someone else's name or name standardized identities; conversation guides, Sales structures and internal specifications can be formalized organized business operations. This also does this criminal assessment in individual cases is demanding. Because from that Professional appearance alone does not guarantee uniformity criminal liability of all those involved.

Criminal law central question: deception and disposal of assets

Im The focus of the accusation is regularly the claim that investors are about the actual existence and functioning of trade been deceived. The deposits are actually not invested, but forwarded within the system or been used elsewhere. In some cases smaller ones took place Withdrawals to create trust and further deposits cause.

Legal This constitutes the offense of fraud in accordance with Section 263 Paragraph 1 of the Criminal Code in the room. In particular, deception is required Facts, an error caused thereby, one asset-reducing disposition and financial loss. In large Cybertrading procedures created are also becoming common checked whether a particularly serious case within the meaning of Section 263 Paragraph 3 of the Criminal Code is present, for example due to commercial activity, gang-related activity or a loss of property extent.

Different Roles – different criminal justice assessment

Straight In complex procedural situations it can be observed that Investigating authorities initially have a uniform approach overall events. This is sufficient for the criminal law assessment however, this is not the case. The individual remains decisive Responsibility of the accused person.

Operational employees

At operational employees, for example in the areas of retention or conversion, The question regularly arises as to what knowledge about the actual functioning of the system existed. To be checked is in particular,

• whether they had their own decision-making powers,

• whether internal processes were completely overviewed,

• whether the inaccuracy of the information provided to customers has been recognized became,

• whether there was intentional collaboration with other parties involved is detectable.

The mere communication with customers or involvement in standardized sales processes are still possible in themselves no final criminal law assessment.

Team leader and middle management levels

At Team leaders, supervisors or other coordinating people move forward Additionally, the question comes to the fore as to whether they go beyond mere Insight into the personnel or sales responsibility had actual economic or technical structure. Also A distinction must be made here between formal management function and criminally relevant knowledge or influence.

Organizers, Managing directors and people responsible for structure

Special Attention is regularly paid to people to whom the organization, Control or economic management of the system is attributed will. They are often accused of neglecting the essential processes to have planned, controlled or enabled. Nevertheless replaced also a prominent position within one Corporate structure does not provide the necessary concrete determination of one intentional and attributable contribution to the crime. Especially in complex, Internationally interwoven structures require one careful allocation of actual responsibilities.

Investigative pressure and procedural reality

Procedure in connection with cyber trading are often extensive investigative measures. These include in particular: Searches, seizures of digital devices, evaluations of Communication data, asset arrests and international Legal assistance. This can already be done at the investigation stage Accused significant personal, professional and economic have consequences.

Add The complexity of such procedures sometimes increases generalized representations. This makes one all the more significant differentiated criminal law analysis that not only overall structure, but rather the specific role of the individual participants takes a look.

None Schematic allocation in structures based on the division of labor

On The central problem of legal processing lies in the question of under what conditions actions within one division of labor structure of individual participants as perpetrators, complicity or aiding and abetting can be attributed. For this It is not enough that several people are within the same system were active. Rather, what is required is precise Determination of knowledge, direction of will, contribution and Attribution context.

Straight In extensive cyber trading procedures, careful attention is therefore required Separation between organizational involvement and professional activity and criminally provable responsibility is essential.

Conclusion

Cybertrading procedure on suspicion of investment fraud are among the more complex Manifestations of modern economic and property crimes. Structures based on the division of labor and professional ones are characteristic External representation and often cross-border processes. The Criminal law assessment therefore requires a precise analysis of the respective company structure and, above all, the individual role every accused person.

Neither belonging to an organization is still a formal position Already permitted within operational processes a final assessment. Rather, they remain decisive concretely identifiable knowledge, authority and contributions to the crime Individual case.

Straight because of this factual and legal complexity seek early legal advice in relevant proceedings Advice and representation from someone specializing in this area Law firm. This is particularly true when investigations are carried out against People at different levels of the company structure directed, for example against operational employees, team leaders, organizers or managing director.

Lawyer Dr. Miluscheva and lawyer Filpa have expertise in this area over many years of considerable experience in consulting and defense of accused in proceedings related to Cybertrading, investment fraud, international corporate structures and complex white-collar criminal allegations. At Procedures involving extensive files, technical peculiarities and differentiated questions of responsibility is one precise and experienced criminal law support of particular importance Meaning.