- Fraud recovery in Poland is available through criminal proceedings filed with the Policja (Police) and the Prokuratura (Public Prosecutor’s Office), civil litigation before Polish courts, and regulatory complaints to the Komisja Nadzoru Finansowego (KNF / Polish Financial Supervision Authority) depending on the fraud type.
- The KNF supervises the financial market including investment firms, forex and CFD platforms, banks, and participates in the supervisory architecture for MiCA and crypto-assets – maintaining a Public Warnings List of entities operating without authorisation and publishing positions and warnings on crypto-assets.
- The Rzecznik Finansowy (Financial Ombudsman) handles disputes with financial organisations through an intervention procedure and provides assistance in court proceedings – serving as a key out-of-court resolution channel for banking, investment, and payment service disputes including unauthorised transaction claims.
- The Generalny Inspektor Informacji Finansowej (GIIF) is Poland’s AML/CFT authority, issuing warnings on risks of virtual currency operations. The Director of the Tax Administration Chamber in Katowice (Dyrektor Izby Administracji Skarbowej w Katowicach) maintains the register of activities in the field of virtual currencies.
- The practical language for formal filings is Polish. UOKiK consumer channels indicate the possibility of filing in Polish and English, but police, prosecution, court, and regulatory proceedings are conducted in Polish.
Types of Fraud in Poland and Where to Report
Investment Company Fraud
The Komisja Nadzoru Finansowego (KNF / Polish Financial Supervision Authority) supervises the financial market in Poland, including investment firms and the capital market. The KNF maintains a Public Warnings List of entities operating without authorisation. Where an investment firm, fund, intermediary, or unlicensed entity offered investment products or services in violation of Polish financial law, complaints are filed with the KNF. For disputes with financial organisations, the Rzecznik Finansowy (Financial Ombudsman) provides an intervention procedure and assistance in court proceedings. For criminal fraud – misappropriation of invested funds, false representations about returns, Ponzi structures, or fabricated investment products – a criminal complaint is filed with the Policja. The Prokuratura handles criminal prosecution. Civil proceedings for damages are brought before the sąd powszechny (common court).Cryptocurrency Fraud
The KNF participates in the supervisory architecture for MiCA and publishes positions and warnings on crypto-assets. The Generalny Inspektor Informacji Finansowej (GIIF) handles AML/CFT matters and issues warnings on risks of operations with virtual currencies. The Director of the Tax Administration Chamber in Katowice (Dyrektor Izby Administracji Skarbowej w Katowicach) maintains the register of activities in the field of virtual currencies. Where a crypto platform or project falsely claims KNF supervision or provides regulated services without authorisation, complaints are filed with the KNF. For crypto fraud, online investment scams, or wallet and account fraud, criminal complaints are filed with the Policja and referred to the Prokuratura. Where the fraud involves money laundering indicators or suspicious transactions, reports are filed with the GIIF. Civil proceedings for damages are brought before the sąd powszechny.Forex and Online Trading Fraud
The KNF exercises supervisory authority over investment firms and forex and CFD services as part of the financial market supervision framework. The KNF maintains a Public Warnings List. Where a forex or CFD provider is licensed or claims Polish authorisation, complaints are filed with the KNF. For disputes with financial organisations, the Rzecznik Finansowy provides an intervention procedure. For criminal fraud involving manipulated platforms, boiler room operations, blocked withdrawals, or impersonation of brokers, criminal complaints are filed with the Policja. The Prokuratura handles prosecution. Civil proceedings for damages and restitution are brought before the sąd powszechny.Real Estate Fraud
Poland does not have a dedicated financial regulator for real estate transactions. For violations of collective consumer interests, deceptive practices, and unfair contract terms, the competent authority is the Urząd Ochrony Konkurencji i Konsumentów (UOKiK / Office of Competition and Consumer Protection). Municipal and district consumer ombudsmen (Miejski/Powiatowy Rzecznik Konsumentów) provide free assistance, mediation, and help in court for individual consumer disputes. Where a developer, agency, or seller engaged in unfair practices or violated consumer rights, complaints are filed with UOKiK for collective consumer interest matters. Individual consumers can seek free assistance from the Miejski/Powiatowy Rzecznik Konsumentów. Where fraud involves forged documents, double sales, misappropriation of funds, or developer fraud, criminal complaints are filed with the Policja and referred to the Prokuratura. Civil proceedings for recovery of funds, nullity, and damages are brought before the sąd powszechny.International Trade Fraud Involving a Polish Company
Where an international transaction with a Polish company results in fraud – fake supplier, forged invoices, diversion of payment, or non-delivery with fraudulent intent – criminal complaints are filed with the Policja and referred to the Prokuratura. Where the dispute qualifies as a consumer matter with unfair market practices, UOKiK is the competent authority. Where the counterparty was a financial organisation, the KNF is notified. Civil proceedings for contractual claims, damages, and interim relief are brought before the sąd powszechny. Where the fraud affects the EU budget or involves EU funds fraud, OLAF (European Anti-Fraud Office) may be notified.Fraudulent Bankruptcy
Where a company in which funds were invested enters insolvency and there are indicators of fraudulent bankruptcy – fictitious bankruptcy, asset stripping, fraud, or false reporting – creditor claims are filed within insolvency proceedings before the sąd upadłościowy (bankruptcy court). Claims are submitted to the syndyk (insolvency trustee). Criminal complaints for fraudulent bankruptcy, asset stripping, and false accounting are filed with the Policja and referred to the Prokuratura. Where the entity is a supervised financial organisation, the KNF is notified in parallel.Prepayment Fraud and Non-Delivery
Where a buyer made prepayment and received no goods or services – and the supplier acted with deception from the outset – criminal complaints are filed with the Policja and referred to the Prokuratura. Where the dispute qualifies as a consumer transaction with unfair practices, UOKiK is the competent authority for collective matters, and the Miejski/Powiatowy Rzecznik Konsumentów provides individual consumer assistance. Civil proceedings for recovery of the prepayment, contractual damages, and interest are brought before the sąd powszechny.Phishing and Cyber Fraud
Phishing, online fraud, credential theft, and social engineering attacks are reported to the Policja immediately – official guidance recommends reporting cybercrime without delay to the police or prosecutor’s office. The Prokuratura handles criminal prosecution where funds or credentials were stolen. Where phishing resulted in compromised banking credentials or unauthorised transactions, the servicing bank or payment institution must be contacted immediately. Where the bank refuses reimbursement or disputes the unauthorised transaction claim, the Rzecznik Finansowy provides an intervention procedure and court assistance – making this a critical channel for contested payment fraud cases.Financial Statement Fraud
Where a company in which funds were invested engaged in fraudulent financial reporting – false accounting, misleading investors, or concealment of income – criminal complaints are filed with the Policja and referred to the Prokuratura. If the company is an issuer, investment firm, or other supervised entity on the financial market, the KNF is notified in parallel. Where the issue concerns auditors and audit oversight, the Polish Agency for Audit Oversight (PANA) is the competent body. Civil proceedings for investor damages are brought before the sąd powszechny.Romance Fraud and Social Media Fraud
Romance scams and social media fraud – including impersonation, fabricated identities, emotional manipulation for financial extraction, and online extortion – are reported to the Policja for formal criminal complaints. The Prokuratura handles prosecution. Where money was transferred, the servicing bank or payment institution should be contacted immediately for urgent recall and blocking. Platform reporting systems (social networks, dating apps, messengers) should be used in parallel.Banking Fraud and Credit Card Fraud
The KNF supervises banks and financial institutions in Poland. The Rzecznik Finansowy (Financial Ombudsman) handles disputes with financial organisations where the bank refuses reimbursement or the complaint is not resolved – through an intervention procedure and court assistance. The first step in any banking or card fraud matter is immediate notification to the servicing bank or card issuer about the unauthorised transaction. Where the bank refuses reimbursement or the dispute is not resolved, the Rzecznik Finansowy provides the intervention procedure. For supervisory concerns regarding supervised banks or financial institutions, the KNF is notified. Criminal complaints for card fraud, account takeover, or unauthorised transactions are filed with the Policja and referred to the Prokuratura.Immediate Steps After Discovering Fraud in Poland
Step 1 – File a Criminal Complaint with the Policja or Prokuratura
Report the fraud to the Policja (Police) immediately. Official guidance recommends reporting cybercrime without delay to the police or prosecutor’s office. A criminal complaint can also be filed directly with the Prokuratura. Provide all available evidence: contracts, payment records, communications, transaction references, and identity information for the counterparty.
Step 2 – Notify the Relevant Regulator
If the fraud involves an investment firm, forex platform, bank, or crypto-related activity, file a complaint with the KNF – check the Public Warnings List for the entity. For AML/CFT matters, report to the GIIF. For consumer matters, contact UOKiK or the local Miejski/Powiatowy Rzecznik Konsumentów. Regulatory notification creates an enforcement record and may trigger supervisory investigation.
Step 3 – Secure Financial Accounts and Initiate Recall
Contact your bank or payment institution immediately to block compromised accounts and cards and initiate recall or chargeback procedures. Where the bank refuses reimbursement for an unauthorised transaction, the Rzecznik Finansowy provides an intervention procedure and court assistance.
Step 4 – Verify the Counterparty and Check Insolvency Records
Check the counterparty’s registration, status, and any insolvency proceedings through Polish company registers and the bankruptcy court records. The KNF’s Public Warnings List helps verify whether the entity operates without authorisation. Insolvency or dissolution entries inform the enforcement strategy.
Step 5 – Preserve All Evidence
Save all communications, contracts, invoices, payment confirmations, website screenshots, email headers, and transaction records without alteration. Digital evidence is critical for both criminal investigation and civil proceedings and may become inaccessible if platforms delete accounts or the counterparty destroys records. Evidence preservation should begin immediately upon discovery of the fraud.
Legal Options for Fraud Victims in Poland
Criminal Proceedings
Criminal complaints filed with the Policja and prosecuted by the Prokuratura initiate formal investigation under Polish criminal law. Relevant offences include fraud, computer fraud, document fraud, identity fraud, money laundering, and fraudulent bankruptcy. Official guidance recommends reporting cybercrime without delay. Criminal proceedings provide access to investigative tools unavailable in civil litigation – bank record production orders, platform identity disclosure, telecommunications data, and international judicial cooperation through mutual legal assistance treaties and EU instruments.
Civil Litigation
Civil proceedings before the sąd powszechny (common court) are available for contractual claims, damages, restitution, unjust enrichment, and rescission of fraudulent transactions. The sąd upadłościowy (bankruptcy court) handles insolvency proceedings and creditor claims. Interim measures can be obtained to prevent dissipation of assets during proceedings. Civil litigation targets the fraudster and, where applicable, institutions that failed to prevent the fraud – including claims against banks for breach of their obligations regarding unauthorised transactions.
Out-of-Court Resolution Through the Rzecznik Finansowy
The Rzecznik Finansowy (Financial Ombudsman) handles disputes with financial organisations through an intervention procedure and provides assistance in court proceedings. This mechanism is particularly relevant for unauthorised transaction disputes where the bank refuses reimbursement. The Miejski/Powiatowy Rzecznik Konsumentów provides free individual consumer assistance, mediation, and help in court.
Regulatory Complaints
Complaints to the KNF create enforcement records that contribute to supervisory action against the entity. The KNF maintains the Public Warnings List and can take enforcement action against unauthorised providers. Regulatory proceedings can result in licence suspension or revocation, fines, public warnings, and mandatory corrective measures. Regulatory findings may support civil claims by establishing that the entity breached its obligations under Polish financial law.
Factors That Determine Recovery Outcomes in Poland
Speed of Reporting
Criminal complaints filed within hours of discovery give investigators the best chance of tracing funds before they are moved or layered through intermediary accounts. Bank recall mechanisms are most effective when initiated on the same day as the fraudulent transaction. Official guidance specifically recommends reporting cybercrime without delay. Regulatory notifications filed promptly create contemporaneous records that strengthen both criminal and civil proceedings.
Identifiability and Asset Position of the Fraudster
Named counterparties with identifiable assets in Poland – bank accounts, real property, registered companies, vehicles – are the most viable targets for civil recovery and enforcement. Where the fraudster operated anonymously or through shell structures, criminal investigation through the Policja and Prokuratura is the primary identification tool through bank records, platform data, and telecommunications records.
Institutional Liability
Where a regulated institution – bank, investment firm, forex platform, or entity supervised by the KNF – failed to comply with its supervisory obligations, institutional liability claims provide an alternative recovery path against a solvent, regulated defendant. The Rzecznik Finansowy’s intervention procedure is particularly relevant where a bank disputes an unauthorised transaction claim. These claims do not depend on the fraudster’s identifiability or asset position.
Quality and Completeness of Evidence
Contracts, payment records, communications, transaction references, and digital forensic evidence form the foundation for both criminal prosecution and civil recovery. Incomplete evidence – missing transaction references, deleted communications, unrecorded oral agreements – weakens both the criminal case and the civil enforcement position. Immediate, comprehensive evidence preservation at the point of discovery is the single most important step a victim can take to support recovery.
Frequently Asked Questions
Summary
Fraud in Poland: Legal Options for Recovering Money from Fraudsters
Fraud recovery in Poland operates through criminal proceedings, civil litigation, financial ombudsman intervention, and regulatory complaints – each channel serving a distinct function in identifying the fraudster, preserving assets, and achieving financial recovery. The KNF supervises investment firms, forex platforms, and banks, and participates in MiCA crypto-asset supervision – maintaining the Public Warnings List for unauthorised providers. The Rzecznik Finansowy provides intervention and court assistance for financial service disputes, particularly relevant for unauthorised transaction claims. The Policja and Prokuratura handle criminal investigation and prosecution across all fraud types. UOKiK and local consumer ombudsmen protect consumer interests.
Speed of reporting determines outcomes across all channels. Official guidance recommends reporting cybercrime without delay to the police or prosecutor’s office. Bank recall and chargeback mechanisms lose effectiveness with each day of delay. Evidence preserved at the point of discovery – contracts, communications, transaction records, digital forensic data – forms the foundation for every recovery action. Formal proceedings are conducted in Polish, making early engagement of local counsel essential for international clients.
If you suffered financial losses through fraud involving Polish companies, institutions, or counterparties, contact Veritas Advisory Group s.r.o. to have your legal position assessed.
Veritas Advisory Group s.r.o. provides professional legal and advisory services to victims of investment and trade fraud in Europe. This article is for informational purposes only and does not constitute legal advice.