An alternative intervention for the settlement of online fraud

• In Event: Cybercrime Offenders & Victims (part 2)

Abstract

Background
The criminal justice system at present seems insufficiently equipped to provide an outcome that meets the needs of victims of online fraud. An alternative intervention for the settlement of online fraud is becoming increasingly common. Victims of online fraud can claim financial compensation by holding the beneficiary account holder (i.e. the recipient of the money) liable under private law through a civil legal representative (such as a bailiff). However, it is unknown how this intervention works in practice and what consequences it has for victims, perpetrators, and society.

Methods
Based on deskresearch and interviews with professionals (N=20), we will examine how this intervention is implemented in practice. Furthermore, victims of online fraud were interviewed (N=45) with the aim of determining what results this intervention brings to victims of online fraud and how they experience this.

Results
Victims can apply to a civil legal representative on their own initiative. It also occurs that they are referred to a representative by the bank or the police. This study shows what percentage of cases victims are able to successfully claim financial compensation by holding the beneficiary account holder liable and, if not, why. In doing so, problems regarding the findability of the beneficiary and the recoverability of the damage are addressed.

Authors

• Merel van Leuken, The Hague University of Applied Sciences

• Susanne van 't Hoff-de Goede, The Hague University of Applied Sciences