- Fraud recovery in the Netherlands is available through criminal proceedings filed with the Politie (Police) and the Openbaar Ministerie (OM / Public Prosecution Service), civil litigation before Dutch courts, and regulatory complaints to the AFM (Authority for the Financial Markets) and DNB (De Nederlandsche Bank) depending on the fraud type.
- The AFM supervises conduct in the financial markets – including investment firms, forex and CFD platforms, and crypto-asset service providers under MiCAR (CASP licensing and conduct supervision). DNB exercises prudential supervision over CASPs and supervises EMT/ART issuers in its assigned areas. The AFM accepts complaints, tips, and signals – including anonymously – and its complaint page explicitly covers crypto-asset service providers.
- Kifid is the Dutch financial dispute body for consumers, small businesses, and self-employed persons without employees against financial services providers – accepting complaints online in Dutch or via an English complaint form, providing accessible out-of-court dispute resolution.
- The Fraudehelpdesk is the Dutch national anti-fraud hotline for reporting scams, attempted fraud, and suspicious activity – linked by the Dutch government’s identity-fraud page as the national reporting channel.
- The Netherlands Commercial Court (NCC) offers English-language court proceedings within the Dutch judiciary for international business disputes where NCC jurisdiction requirements are met – a unique feature for cross-border fraud recovery.
Types of Fraud in the Netherlands and Where to Report
Investment Company Fraud
The AFM (Authority for the Financial Markets) supervises conduct in the Dutch financial markets, including investment firms. The AFM accepts complaints, tips, and signals regarding financial institutions, investment fraud, unauthorised activity, and wrongdoing – including anonymous submissions. Where an investment firm, fund, intermediary, or unlicensed entity offered investment products or services in violation of Dutch financial law, complaints are filed with the AFM. For criminal fraud – misappropriation of invested funds, false representations about returns, Ponzi structures, or fabricated investment products – a criminal complaint is filed with the Politie (Police) at a police station or, for residents, through online reporting. The Openbaar Ministerie (OM) brings suspects before the criminal court. For consumer, small business, or self-employed disputes with a financial services provider, Kifid provides out-of-court resolution. Civil proceedings for damages, restitution, and interim relief are brought before the district court.Cryptocurrency Fraud
Under MiCAR, the AFM is the competent authority for CASP licensing and conduct supervision in the Netherlands. DNB exercises prudential supervision powers over CASPs and supervises EMT/ART issuers in its assigned areas. The AFM’s complaint page explicitly includes crypto-asset service providers. Where a crypto operator is licensed or claims to be licensed, complaints are filed with the AFM. For prudential and supervisory matters under MiCAR within DNB’s competence, DNB is notified. For crypto scams, wallet and account fraud, or online investment fraud, criminal complaints are filed with the Politie. The OM handles prosecution. Civil proceedings for recovery and freezing measures are brought before the competent court.Forex and Online Trading Fraud
The AFM exercises conduct supervision over forex and CFD brokers within the investment services framework. Where a forex or CFD provider operates without authorisation, engages in clone broker activity, or commits conduct breaches, complaints are filed with the AFM. For criminal fraud involving manipulated platforms, boiler room operations, blocked withdrawals, or impersonation of brokers, criminal complaints are filed with the Politie. The OM handles prosecution. For consumer or small business disputes with a participating financial services provider, Kifid provides out-of-court resolution. Civil proceedings for damages and recovery are brought before the district court.Real Estate Fraud
The Netherlands does not have an AFM-style national regulator for ordinary real estate brokerage. The KVK (Dutch Chamber of Commerce) maintains the Business Register for checking company registration. The Kadaster maintains public registers for rights relating to immovable property. The ACM / ConsuWijzer provides consumer information, complaints, and tip-offs about traders and consumer law breaches. The KVK is consulted to verify company existence and registration. The Kadaster is consulted to verify property-related registered rights. Where fraud involves fake listings, forged documents, deposit fraud, or identity fraud, criminal complaints are filed with the Politie. For consumer complaints or tip-offs in trader and consumer matters, the ACM / ConsuWijzer is the competent channel. Civil proceedings for rescission, damages, deposit recovery, and property disputes are brought before the district court.International Trade Fraud Involving a Dutch Company
Where an international transaction with a Dutch company results in fraud – fake supplier, forged invoices, diversion of payment, or non-delivery with fraudulent intent – Dutch police state that victims living abroad should report the crime at their local police station in their own country, which can then send a request for assistance to Dutch authorities. Dutch police state they cannot process such potential-crime reports directly from abroad. Civil proceedings for contractual recovery and damages are brought before Dutch courts. For international business disputes, the Netherlands Commercial Court (NCC) offers English-language proceedings within the Dutch judiciary where NCC jurisdiction requirements are met. The KVK is consulted to verify the Dutch company’s registration.Fraudulent Bankruptcy
Where a company in which funds were invested enters insolvency and there are indicators of fraudulent conduct – concealment, asset stripping, or deception – the Central Insolvency Register is consulted to check whether the business has been declared bankrupt or entered insolvency proceedings. If someone is owed money and the debtor does not pay, the court can be asked to declare the company bankrupt, provided conditions are met. Criminal complaints for fraud, concealment, and asset stripping are filed with the Politie and referred to the OM. Civil proceedings for creditor claims and related litigation are brought before the competent court.Prepayment Fraud and Non-Delivery
Where a buyer made prepayment and received no goods or services – and the case involves fraud rather than only a contractual breach – criminal complaints are filed with the Politie. The scam can also be reported to the Fraudehelpdesk – the Dutch national anti-fraud hotline for reporting scams, attempted fraud, and suspicious activity. For consumer information, complaints, tip-offs, and sample complaint letters for businesses, the ACM / ConsuWijzer is the competent channel. Civil proceedings for refund and damages are brought before the district court.Phishing and Cyber Fraud
Phishing and cybercrime are reported to the Politie for formal criminal complaints. The Fraudehelpdesk accepts phishing and scam reports – the Dutch government’s identity-fraud page links to the Fraudehelpdesk as the national anti-fraud hotline. Where phishing resulted in compromised banking credentials or unauthorised transactions, the servicing bank or card issuer must be contacted immediately to block accounts and cards and contest payments. Where a financial institution or crypto provider is being impersonated, the AFM is notified.Financial Statement Fraud
Where a company in which funds were invested engaged in fraudulent financial reporting – false accounting, deception of investors, or concealment of income – criminal complaints are filed with the Politie and referred to the OM. If the company is supervised in the financial markets or the issue concerns market rules or reporting under AFM supervision, the AFM is notified in parallel. The AFM also actively supervises audit firms’ fraud-risk work. Civil proceedings for investor damages and recovery are brought before the district court.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 Politie for formal criminal complaints. The Fraudehelpdesk accepts scam reports as a national reporting channel. Where money was transferred, the servicing bank or payment provider should be contacted immediately for urgent recall and blocking. Platform reporting systems (social networks, dating platforms, messengers) should be used in parallel.Banking Fraud and Credit Card Fraud
DNB is the central bank and prudential supervisor of banking institutions in the Netherlands. The AFM exercises conduct supervision and accepts complaints and signals. Kifid is the financial dispute body for consumers, small businesses, and self-employed persons without employees – accepting complaints online in Dutch or via an English complaint form. The first step in any banking or card fraud matter is immediate notification to the servicing bank or card issuer to block the card and account and dispute the unauthorised transaction. Where the institution fails to resolve the complaint adequately, the matter is escalated to Kifid for out-of-court dispute resolution. For regulatory conduct matters, the AFM accepts complaints and signals. Criminal complaints for card fraud, account takeover, or unauthorised transactions are filed with the Politie and referred to the OM. Civil proceedings before the district court are available if the reimbursement dispute remains unresolved.Immediate Steps After Discovering Fraud in the Netherlands
Step 1 – File a Criminal Complaint with the Politie
Report the fraud to the Politie (Police) immediately. Residents can file some crime reports online; otherwise at a police station. Victims living abroad should report at their local police station, which can send a request for assistance to Dutch police. Report the scam in parallel to the Fraudehelpdesk. 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, CASP, or forex platform, file a complaint or signal with the AFM – including anonymously if needed. The AFM’s complaint page explicitly covers crypto-asset service providers. For prudential matters, notify DNB. For consumer issues, contact the ACM / ConsuWijzer. Regulatory notification creates an enforcement record and may trigger supervisory investigation.
Step 3 – Secure Financial Accounts and Initiate Recall
Contact your bank or card issuer immediately to block compromised accounts and cards and initiate recall, chargeback, or dispute procedures for fraudulent transactions.
Step 4 – Verify the Counterparty and Check Insolvency Records
Check the counterparty’s registration through the KVK (Business Register). For real estate matters, verify property rights through the Kadaster. Check the Central Insolvency Register for bankruptcy or insolvency proceedings. Insolvency or dissolution entries inform the enforcement strategy and determine whether asset preservation measures are necessary.
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 the Netherlands
Criminal Proceedings
Criminal complaints filed with the Politie and prosecuted by the Openbaar Ministerie (OM) initiate formal investigation under Dutch criminal law. The OM is the body that brings suspects before the criminal court. Relevant offences include fraud (oplichting), computer fraud, document fraud, identity fraud, money laundering, and fraudulent bankruptcy. 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 Dutch district courts are available for contractual claims, damages, restitution, unjust enrichment, and rescission of fraudulent transactions. Interim measures including freezing orders can be obtained to prevent dissipation of assets. For international business disputes, the Netherlands Commercial Court (NCC) provides English-language proceedings within the Dutch judiciary where NCC jurisdiction requirements are met. Civil litigation targets the fraudster and, where applicable, institutions that failed to prevent the fraud.
Out-of-Court Resolution Through Kifid
Kifid is the Dutch financial dispute body for consumers, small businesses, and self-employed persons without employees against financial services providers. Kifid accepts complaints online in Dutch or via an English complaint form. This mechanism provides accessible, cost-effective resolution for qualifying financial disputes without the full duration of court proceedings.
Regulatory Complaints
Complaints and signals to the AFM or DNB create enforcement records that contribute to supervisory action against the entity. The AFM accepts complaints – including anonymously – and actively supervises audit firms’ fraud-risk work. 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 Dutch financial law.
Factors That Determine Recovery Outcomes in the Netherlands
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. 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 the Netherlands – 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 Politie and OM is the primary identification tool through bank records, platform data, and telecommunications records.
Institutional Liability
Where a regulated institution – bank, payment institution, investment firm, forex platform, or CASP supervised by the AFM or DNB – failed to comply with its supervisory obligations, institutional liability claims provide an alternative recovery path against a solvent, regulated defendant. These claims do not depend on the fraudster’s identifiability or asset position and are particularly relevant where the fraudster has absconded or dissipated assets.
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 the Netherlands: Legal Options for Recovering Money from Fraudsters
Fraud recovery in the Netherlands operates through criminal proceedings, civil litigation, out-of-court dispute resolution, and regulatory complaints – each channel serving a distinct function in identifying the fraudster, preserving assets, and achieving financial recovery. The AFM supervises investment firms, forex platforms, and CASPs under MiCAR for conduct. DNB exercises prudential supervision over CASPs and banking institutions. Kifid provides out-of-court resolution for financial disputes with consumers and small businesses. The Fraudehelpdesk serves as the national anti-fraud hotline. The NCC offers English-language proceedings for qualifying international business disputes.
Speed of reporting determines outcomes across all channels. Criminal complaints filed immediately preserve the investigative window for fund tracing and asset identification. 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. Police online forms are in Dutch, but Kifid offers an English complaint form and the NCC operates in English – making early engagement of local counsel essential for navigating the full range of recovery channels.
If you suffered financial losses through fraud involving Dutch 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.