Crypto Scams: Your Legal Recourse in France
Introduction
Crypto-asset scams are exploding: fake investments, rug pulls, phishing, romance scams. What recourse do victims have in France? This practical guide details the legal steps, recovery chances, and organizations to contact.
What you will learn:
- The most common types of crypto scams
- Immediate actions to take
- Filing a complaint and criminal proceedings
- Possible civil remedies
- Realistic recovery chances
Table of Contents
- Overview of Crypto Scams
- Immediate Response
- Filing a Complaint
- Criminal Proceedings
- Civil Remedies
- Organizations and Assistance
- Fund Recovery
- Prevention
- FAQ
1. Overview of Crypto Scams
Fake investments, rug pulls, romance scams: know the scams to better protect yourself.
Fake Investments (Scams)
Mechanism:
- Promise of extraordinary returns (10%+ per month)
- Professional website mimicking legitimate platforms
- Creation of a fictitious account showing gains
- Requests for increasing deposits
- Withdrawal blocking, then disappearance
Warning Signs:
- Unrealistic "guaranteed" returns
- Platform not registered as PSAN/CASP
- Insistent advisor (repeated calls)
- Pressure to invest quickly
Rug Pulls
Definition: A rug pull occurs when the creators of a crypto project disappear with investors' funds after artificially inflating the token price.
Variants:
- Hard rug: complete disappearance
- Soft rug: gradual abandonment
- Slow rug: slow extraction of liquidity
Phishing and Hacking
Techniques:
- Fake platform emails
- Clone sites (typosquatting)
- Fake technical support
- Malware and keyloggers
- SIM swapping
Romance Scams (Pig Butchering)
Mechanism:
- Contact via dating app or social media
- Building a trust relationship (weeks/months)
- Introduction of crypto topic "casually"
- Invitation to invest on a "recommended" platform
- Fictitious gains displayed
- Requests for increasing deposits
- Disappearance
Statistics
| Scam Type | Share of Reports | Average Amount |
|---|---|---|
| Fake investments | 60% | €15,000 |
| Romance scams | 20% | €50,000 |
| Rug pulls | 10% | €5,000 |
| Phishing/hacking | 10% | €3,000 |
2. Immediate Response
The first hours are crucial: stop payments and collect evidence.
In the First Hours
Urgent Actions:
- Stop all payments: do not send anything more
- Secure accounts: change all passwords
- Contact your bank: attempt to recall recent transfers
- Collect evidence: before the site disappears
Evidence Collection
Elements to Save:
- Screenshots of the site (all pages)
- Communication history (emails, messages, calls)
- Payment proofs (transfers, crypto transactions)
- Blockchain addresses used
- Apparent identity of contacts
- Displayed contact details (phone, email, address)
- Site legal notices
- IBAN numbers used for transfers
Blockchain Analysis
Tracing Funds:
- Note receiving addresses
- Use a blockchain explorer (Etherscan, Blockchain.com)
- Identify outgoing movements
- Spot exchanges used
3. Filing a Complaint
Police station, THESEE, prosecutor: where and how to effectively file a complaint for fraud.
Where to File a Complaint
Options:
| Location | Advantages | Disadvantages |
|---|---|---|
| Police/Gendarmerie | Proximity | Possible unfamiliarity with subject |
| Online pre-complaint | Time saving | Appointment needed afterward |
| Prosecutor directly | Direct access | More formal |
| THESEE | Specialized in internet scams | Limited to certain offenses |
THESEE Platform
Harmonized Processing of Investigations and Reports for E-scams:
- Accessible on service-public.fr
- Online reporting and complaint filing
- Specialized in internet scams
- Referral to competent services
Complaint Content
Elements to Include:
COMPLAINT FOR FRAUD
1. COMPLAINANT IDENTITY
Name, first name, address, contact
2. FACTS
Detailed chronological account:
- Date of first contact
- Promises made
- Amounts paid (dates, amounts, methods)
- Discovery of the scam
3. DAMAGES
- Total amount lost
- Possible moral damage
4. PERPETRATOR IDENTIFICATION ELEMENTS
- Name/username used
- Phone numbers
- Email addresses
- Website
- Transfer IBANs
- Crypto addresses
5. ATTACHMENTS
- Payment proofs
- Message exchanges
- Screenshots
- Blockchain analysis (if available)
6. SUGGESTED CRIMINAL CLASSIFICATION
- Fraud (art. 313-1 Criminal Code)
- Breach of trust (art. 314-1 Criminal Code)
- Deceptive commercial practice
Criminal Classifications
Applicable Offenses:
| Offense | Penalties | Article |
|---|---|---|
| Fraud | 5 years, €375,000 | 313-1 CC |
| Organized gang fraud | 10 years, €1M | 313-2 CC |
| Breach of trust | 3 years, €375,000 | 314-1 CC |
| Money laundering | 5 years, €375,000 | 324-1 CC |
| Unauthorized computer access | 3 years, €100,000 | 323-1 CC |
4. Criminal Proceedings
Investigation, requisitions, trial: criminal proceedings can take several years but remain useful.
Investigation Process
Phases:
- Complaint receipt: registration, assignment
- Preliminary investigation: police investigations
- Requisitions: to banks, platforms, hosts
- Analysis: cross-referencing complaints, identifying perpetrators
- Arrest: if perpetrators identified and locatable
- Trial: criminal court
Realistic Timelines
Estimates:
| Phase | Duration |
|---|---|
| Preliminary investigation | 6-24 months |
| Judicial investigation (if opened) | 1-3 years |
| Trial | +6-12 months |
| Total | 2-5 years |
Civil Party Constitution
Advantages:
- Access to the file
- Claim for damages
- Ability to revive the proceedings
Procedures:
- Possible from complaint filing
- Or by declaration to the court clerk
- Possible deposit required (a few hundred euros)
Limitations of Criminal Proceedings
Common Obstacles:
- Perpetrators abroad (often outside EU)
- Fictitious identities
- Funds already dispersed
- Non-cooperative jurisdictions
- Limited investigative resources
5. Civil Remedies
Pursuing scammers or intermediaries: civil options with often limited results.
Action Against Scammers
Theoretically possible but:
- Perpetrators rarely identifiable
- Assets often unseizable
- Judgment difficult to enforce abroad
Action Against Intermediaries
Possible Liability of:
| Intermediary | Basis | Chances |
|---|---|---|
| Bank (transfer to scammers) | Duty of vigilance | Low |
| PSAN platform (if complicit) | Civil liability | Medium |
| Site host | Limited liability (LCEN) | Very low |
Recourse Against Your Own Bank
Possible Arguments:
- Lack of vigilance on abnormal transfers
- Absence of fraud alerts
- Execution despite fraud indicators
Case Law: Courts rarely hold banks liable for transfers to scammers, except for obvious anomalies that were ignored.
Insurance
Possible Coverage:
- "Payment methods" insurance: rarely applicable
- Personal cyber insurance: check exclusions
- Legal protection: coverage of lawyer fees
6. Organizations and Assistance
AMF, THESEE, France Victimes: organizations to report and get help.
Reporting the Scam
Reporting Platforms:
| Organization | Role | Contact |
|---|---|---|
| THESEE | Fraud complaint | service-public.fr/THESEE |
| Pharos | Report illegal content | internet-signalement.gouv.fr |
| Signal Arnaques | Community database | signal-arnaques.com |
| AMF | Blacklist, reporting | amf-france.org |
Victim Assistance
Support Structures:
| Structure | Service | Contact |
|---|---|---|
| France Victimes | Support | 116 006 (free) |
| CLCV, UFC-Que Choisir | Consumer associations | Local |
| Lawyer | Legal advice | Local bar |
| Bank mediator | Dispute with bank | Through your bank |
AMF Blacklist
Verification:
- Check AMF blacklist before any investment
- Sites and entities not authorized to offer investments
- Regularly updated
- Accessible on amf-france.org
7. Fund Recovery
Let's be honest: recovery chances are low, especially for crypto funds.
Realistic Recovery Rate
Statistics (estimates):
| Situation | Recovery Chances |
|---|---|
| Recent transfer (< 48h) | 10-20% |
| Old transfer | < 5% |
| Crypto sent | < 2% |
| Perpetrators identified and solvent | 20-40% |
| Perpetrators abroad (outside EU) | < 1% |
Recovery Mechanisms
Possible Routes:
- Bank recall: very fast, rare success
- Seizure on scammers' account: if identified and solvent
- International cooperation: slow and uncertain
- Criminal damages: if convicted
Beware of "Recovery Scams"
⚠️ Warning: Fake "recovery firms" contact scam victims offering to recover their funds for a fee. This is a double scam.
Warning Signs:
- Unsolicited contact
- Initial payment request
- Guaranteed results promises
- No verifiable professional status
8. Prevention
Check PSAN registration, AMF blacklist: prevent rather than suffer the scam.
Pre-Investment Checks
Checklist:
- Platform registered as PSAN? (check on regafi.fr)
- Identifiable real company? (Kbis, address)
- On AMF blacklist?
- Promised returns realistic? (> 5%/month = suspicious)
- Independent reviews findable?
- Unsolicited phone/email contact?
Best Practices
Security:
✅ Never share your private keys ✅ Verify URLs (typosquatting) ✅ Enable 2FA everywhere ✅ Use a hardware wallet ✅ Be wary of unsolicited messages ✅ Don't click links in emails
Education
Resources:
- AMF website (investor guides)
- Consumer associations
- Serious crypto communities
9. FAQ
Frequently Asked Questions
Q: I was scammed, will I get my money back?
A: Honestly, chances are low, especially if funds went abroad or into crypto. File a complaint anyway: it feeds investigations and may help other victims.
Q: Is filing a complaint useful?
A: Yes. Even without immediate recovery, complaints help document scams, identify networks, and sometimes lead to arrests. It's also necessary for any compensation process.
Q: Can I sue my bank that executed the transfer?
A: Difficult. Banks have a duty of vigilance, but courts generally consider that the client who orders a transfer is responsible for it. Only cases of obvious anomalies can hold the bank liable.
Q: Services offer to recover my cryptos, is that reliable?
A: Most likely not. The vast majority of these "recovery services" are themselves scams targeting victims. No legitimate service can "recover" cryptos sent to scammers.
Q: The scammer uses WhatsApp/Telegram, can they be found?
A: Messaging platforms rarely cooperate with French authorities, especially if servers are outside the EU. Identification remains possible but very difficult.
Conclusion
Crypto scams cause considerable damage, and recourse unfortunately remains limited. The best protection is prevention.
Key Points:
- React quickly: the first hours are crucial
- Document everything: essential evidence for follow-up
- File a complaint: even without immediate hope
- Beware of fake recovery services: frequent double scam
- Prevention: verify before investing (PSAN, blacklist)
Key Resources:
- THESEE: online complaint
- AMF: blacklist, reporting
- France Victimes: 116 006
- Signal Arnaques: community database
When in doubt about an investment, the rule is simple: if it's too good to be true, it's probably a scam.
Article updated December 2025. Information presented is educational and does not constitute legal advice. Consult a lawyer for your specific situation.