A Good Fraud Lawyer in Poland – How to Effectively Combat Shell Company Scams?

In recent years, we have increasingly encountered situations where companies in Poland are established solely for the purpose of defrauding money from clients and contractors. This worrying trend has intensified, especially in the era of globalization and dynamic political changes, which allow criminals to hide abroad and exploit legal loopholes in various countries. Often, such companies are led by foreigners who register a business in Poland but provide false addresses in countries such as Ukraine or other states affected by political instability.

How Do Scammers Operate?

The criminal practice involves setting up businesses in Poland that, at first glance, seem legal. The company has all formalities in place: entry into the National Court Register (KRS) or the Central Register and Information on Economic Activity (CEIDG), a bank account, and even a website. Criminals in Poland register such companies under the names of foreign citizens, often giving residential addresses in countries where legal enforcement is particularly difficult, such as Ukraine. In reality, these details are fictitious, and the individuals managing such a company are unreachable.

After establishing the company, scammers begin collecting money from their victims. This process usually lasts a few months – enough time to accumulate substantial amounts. When foreign creditors start to increase, the Polish company suddenly disappears, and the owners become unavailable. The money that flowed into the bank accounts is often quickly transferred abroad or withdrawn, making recovery of the funds much more difficult.

In their dealings with victims, Polish scammers provide false information, claiming that the lack of goods delivery is due to, for example, a lack of transportation, that the producer is responsible for the delivery, or that the company is experiencing temporary issues. At the same time, the scammer assures that the goods will be delivered, even though it was known from the beginning that the purchase and delivery by the seller were no longer possible as the advance payments were allocated for other purposes. Despite this, the fraudulent company continues to seek new contractors, offering them products and proposing purchases.

The perpetrator’s intent can include both personal gain and benefits for others.

It is worth noting the statistics from the Polish Police regarding crimes classified as fraud under Article 286 of the Penal Code:

Year / Number of Initiated Proceedings / Number of Confirmed Crimes
2023: 105,682 / 146,553
2022: 101,706 / 144,200
2021: 102,337 / 153,309
2020: 83,822 / 122,780
2019: 84,009 / 124,252
(Source: https://statystyka.policja.pl)

Key to Success – Quick Reaction

In such situations, the most crucial factor in successfully recovering money is time. The faster we respond to signals of dishonesty from a Polish company, the higher the chances of securing funds in their bank account. It is essential to be aware that the bank account of such a company operates throughout its existence, and money from clients is regularly deposited into these accounts. If legal actions are taken early enough, there is a chance to seize these funds before they are moved.

It is important to note that with each additional creditor seeking reimbursement, the chances of recovering funds diminish. Competition between creditors for the fraudulent company’s financial resources makes the race to secure assets increasingly complicated. Therefore, quick action and professional legal support are crucial.

SOS Legal Law Firm – Fraud Specialists

Assigning a crime under Article 286 § 1 of the Penal Code involves demonstrating that the perpetrator intentionally misled another person and, in doing so, caused them to make an unfavorable disposition of property (see: Supreme Court ruling of January 4, 2011, ref. no. III KK 181/10). When the non-payment for goods leads to financial gain on the part of the perpetrator (or another person), it must be proven that the perpetrator, at the time of placing the order, intended not to pay for the goods, thereby leading the victim to an unfavorable disposition of property (see also: Supreme Court ruling of November 22, 2007, ref. no. II KK 147/07, and Supreme Court ruling of November 21, 2007, ref. no. V KK 66/07).

In the fight against such criminal practices, the assistance of an experienced lawyer is particularly important. SOS Legal Law Firm is a team of lawyers specializing in fraud cases. With extensive experience in recovering money from dishonest entrepreneurs, SOS Legal successfully handles cases at both national and international levels.

Examples of cases where the firm has successfully helped its clients:

1. Construction Company Based in Poland: SOS Legal represented a group of foreign entrepreneurs who were defrauded by a construction company registered in Poland but managed from Ukraine. Thanks to the law firm’s swift actions, a portion of the funds in the bank accounts was secured before they were transferred abroad. In this case, the time between payment of the proforma invoice and the promised shipping date was short.
2. Food Company from Poland: A client of the law firm fell victim to a scam by a company selling rapeseed oil. After paying the deposit to a bank account, the company disappeared. SOS Legal immediately took action, which led to the quick freezing of funds and the recovery of a significant portion of the money.
3. Dishonest Online Seller: SOS Legal assisted consumers who were defrauded by an online store registered in the Polish registry. After making payments for electronic equipment, the store disappeared, and the bank account was already emptied. Nevertheless, thanks to coordinated cooperation with international law enforcement agencies, part of the funds was recovered.

Legal practice, and thus life experience, teaches that in cases of fraudulent intent, the entity is active before concluding the contract, wanting to gain the trust of the other party, but after obtaining financial benefits, it cuts off contact, liquidates the company, and changes the residence address and phone numbers used for communication. A different behavior, especially as described above, usually indicates that when the perpetrator incurred the obligation, they intended to fulfill it, and only later circumstances made it impossible to complete the contract, which in such a case cannot be considered fraud and deception (see: Court of Appeal ruling in Krakow of May 27, 2015, ref. no. II AKa 79/15).

Summary

Fraud involving shell companies from Poland poses a serious threat to entrepreneurs and consumers. Faced with the growing number of such cases, quick and professional action is of key importance. SOS Legal Law Firm is a team of experts who, thanks to their experience, can effectively protect the interests of their clients and fight for the recovery of defrauded funds.

CONTACT US FOR MORE INFORMATION

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