Scammed out of 86,000 euros in crypto, she takes her bank to court
After paying more than 86,000 euros into fake cryptocurrency investments, a woman took her bank to court to obtain a refund. The Bordeaux Court of Appeal rejected his request, finding that the establishment had not…
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A woman has initiated proceedings against her bank after paying more than 86,000 euros into false investments in cryptocurrencies. She criticized Crédit Mutuel de Blanquefort for not having sufficiently controlled the operations and demanded reimbursement of the sums, as well as compensation for her moral damage.
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The case dates back to the end of 2017. Approached by telephone by two people presenting themselves as crypto investment advisors, the client decided to draw on her life insurance. She initially requested a redemption of 100,000 euros, then finally withdrew 84,323.77 euros in January 2018.
Between January 26 and February 27, 2018, she made four transfers to an account opened in the name of the company Eurobit SP ZOO in a Polish bank. The payments, between nearly 5,000 and 40,000 euros, reach a total of 86,279.93 euros.
The arrangement presented by Bit Market Coins provides that the sums resulting from cryptocurrency operations will be deposited with Bitcoin Capital. The capital invested is announced as guaranteed for the entire duration of the management mandate.
After discovering the scam, the victim files a complaint with the police. An investigation is being carried out for organized gang fraud. She then sues her bank and the Polish establishment that received the funds in order to obtain compensation.
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Dismissed at first instance in November 2024, the client appeals. But on November 3, the Bordeaux Court of Appeal confirmed the rejection of his requests for compensation.
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The judges note in particular that Crédit Mutuel had received it before the transfers to alert it to the risks of investments in cryptocurrencies. A registered letter dated January 11, 2018 recalled this exchange.
The transfer orders were also authentic, authorized by the client and covered by the sums available in her account. For the court, their foreign destination was not enough to characterize an apparent anomaly capable of incurring the liability of the bank.
The decision recalls that a bank must detect apparent anomalies, while respecting the principle of non-interference in the affairs of its clients. Since Crédit Mutuel did not advise these investments, it was not required to assess their appropriateness or to verify their legality in the absence of such an anomaly.
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The court also dismisses the responsibility of the Polish bank, which had produced the documents justifying the checks carried out when the Eurobit SP ZOO account was opened.
In addition to the rejection of her requests, the client must pay an additional 3,000 euros to each of the establishments for their procedural costs, in addition to the sums awarded at first instance. The costs, which correspond to certain legal costs, also remain his responsibility.
If you are the victim of a crypto scam or blocked funds, a specialist lawyer can review your case and possible remedies.
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- Cryptoast13 Nov, 12:00Scammed out of 86,000 euros in crypto, she takes her bank to court ↗Figures: 86 euros
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