Recovery
RECOVERY • CROSS-BORDER GUIDE
International Fund Recovery: How Cross-Border Legal Actions Work
Online fraud is inherently international. Scammers operate across borders, hiding behind different **jurisdictions**, making traditional legal approaches ineffective. However, **international fund recovery** is not only possible—when handled by experienced specialists, it has a high success rate.
At Maple Law&Recovery, more than 80% of our cases involve international elements. This **comprehensive guide** explains how cross-border fraud fund recovery works and what makes it successful.
Why International Fraud Recovery Is Complex
Jurisdictional Challenges
The main challenge in international fraud cases is **jurisdiction**—determining which national laws apply and which courts have authority. Fraudsters deliberately exploit this complexity by:
- Operating from countries where fraud law enforcement is weak
- Using **shell companies** in multiple jurisdictions
- Routing money through various countries
- Hiding behind nominee directors and offshore entities
- Exploiting gaps in **international legal cooperation**
Differences Between Legal Systems
Each country differs in terms of:
- Legal procedures and court systems
- Standards of evidence
- Definitions of and penalties for fraud
- Mechanisms for **asset recovery**
- Bank secrecy laws
- International cooperation agreements
Language and Cultural Barriers
Successful international recovery requires:
- **Multilingual** legal documentation
- Understanding of local business practices
- Cultural sensitivity in negotiations
- Knowledge of local legal customs
The Framework for International Recovery
Phase 1: Investigation and Asset Tracing
The foundation of any successful recovery is a **thorough investigation**:
Financial Investigation:
- Tracing money flows through banking systems
- Identifying intermediary accounts and entities
- Blockchain analysis for **cryptocurrency** cases
- Locating assets in different jurisdictions
- Identifying ultimate beneficial owners
Digital Forensics:
- Analysis of websites and domains
- Examination of email headers
- Tracking IP addresses
- Identifying server locations
- Mapping the digital footprint
Corporate Investigation:
- Verifying company registrations
- Identifying directors and shareholders
- Mapping business relationships
- Uncovering connected entities
- Searching for prior fraud history
Phase 2: Developing the Legal Strategy
Once the investigation is complete, we develop a **multi-jurisdictional** strategy:
Choosing the Jurisdiction: We determine the most favourable jurisdiction(s) for legal action based on:
- Where the assets are located
- Which courts have jurisdiction over the parties
- The effectiveness of local legal systems
- International cooperation agreements
- Track record of enforcing judgments
- Cost-effectiveness
Selecting the Legal Mechanism: Options include:
- **Civil litigation** for damages
- Criminal complaints to trigger an investigation
- **Interim measures** to freeze assets
- Regulatory complaints
- Arbitration, where applicable
- Negotiated settlements
Phase 3: Interim Measures
Speed is **critical**. We immediately seek interim measures to prevent asset dissipation:
Asset Freezing Orders:
- Court orders freezing bank accounts
- Seizure of cryptocurrency wallets
- Seizure of real estate
- Preservation of business assets
Disclosure Orders:
- Requiring banks to disclose account details
- Compelling fraudsters to disclose their assets
- Third-party disclosure obligations
Ex parte Measures: In many jurisdictions, we can obtain **emergency orders** without notifying the fraudsters, preventing them from moving assets before we act.
Phase 4: International Legal Cooperation
Modern international law provides several cooperation mechanisms:
Mutual Legal Assistance Treaties (MLATs):
- Formal government-to-government cooperation
- Cross-border evidence sharing
- Assistance with asset seizure
- Facilitating witness testimony
Canadian Enforcement Order (EEO): Within the EU, judgments from one member state are automatically **enforceable** in others, significantly simplifying recovery.
Brussels Regulation: Determines jurisdiction in cross-border disputes within the EU and facilitates recognition of judgments.
Hague Convention: Provides a framework for international cooperation in civil litigation between more than 80 countries.
INTERPOL Cooperation: For cases involving large-scale fraud, INTERPOL Red Notices can facilitate cross-border criminal investigations.
Phase 5: Enforcement and Recovery
Securing a judgment is only half the battle; **enforcement** is where recovery actually happens:
Direct Enforcement:
- Seizing frozen assets
- Garnishment of bank accounts
- Sale of seized property
- Intercepting business income
Negotiated Settlement: When fraudsters realise they cannot hide their assets, they often prefer to settle to avoid **criminal prosecution**.
Recovery from Third Parties:
- Recovery from payment processors that failed in their due diligence
- Seeking compensation from platforms that hosted the fraud
- Insurance claims, where applicable
- Liability of exchanges in cryptocurrency cases
Key International Legal Tools
Canadian Investigation Order (EIO)
Within the EU, the EIO allows investigators in one member state to request evidence collection in another. This significantly speeds up international investigations.
Canadian Account Preservation Order (EAPO)
This **powerful tool** allows creditors to quickly freeze bank accounts across EU borders, preventing fraudsters from moving money.
Cryptocurrency-Related Subpoenas
Many jurisdictions now allow legal actions compelling cryptocurrency exchanges to:
- Identify wallet owners
- Freeze accounts
- Provide transaction histories
- Reverse transactions in certain cases
International Letters Rogatory
Formal requests between courts in different countries to carry out judicial acts, useful where treaties do not exist.
Successful International Recovery Strategies
The Multi-Front Approach
We usually pursue actions in **multiple jurisdictions simultaneously**:
- Civil action in the victim’s home country
- Asset freezes where the money is held
- Criminal complaints where the fraudsters operate
- Regulatory action against facilitators
- Pressure on payment platforms and banks
This creates multiple pressure points, increasing the likelihood of settlement.
Follow the Money, Not the Fraudster
Identifying and locating individual fraudsters is difficult. Instead, we focus on where the money went and which entities hold it. Banks, exchanges and payment processors often have **compliance obligations** we can leverage.
Regulatory Pressure
Financial institutions fear **regulatory sanctions**. When we show they processed fraudulent transactions or failed in their due diligence, they often prefer to settle claims rather than risk regulatory action.
Criminal–Civil Coordination
We coordinate civil recovery with criminal investigations. While criminal cases aim at justice, they can also result in:
- Asset seizures that benefit victims
- Restitution orders
- Pressure leading to settlements
- Additional evidence for civil claims
Real Case Studies
Case 1: 256,000 CAD Crypto Exchange Fraud
Situation: German victim invested in a fake cryptocurrency exchange operating from Estonia, with money routed via Malta.
Strategy:
- Obtained judgment from a German court
- Used an EIO to investigate operations in Estonia
- Froze Maltese bank accounts via EAPO
- Filed a regulatory complaint with the Malta Financial Services Authority
Outcome: **94% recovery** in 7 months after Maltese banks agreed to settle for fear of regulatory consequences.
Case 2: £94,000 Romance Scam
Situation: UK victim sent money to a scammer supposedly in Malaysia but actually operating from Nigeria, with funds ending up in Hong Kong.
Strategy:
- Blockchain tracing revealed cryptocurrency conversions
- Court order in Hong Kong freezing exchange accounts
- Coordination with Hong Kong police
- Pressure on the exchange using regulatory exposure
Outcome: The exchange compensated the victim **89%** to avoid regulatory issues and reputational damage.
Case 3: 433,000 CAD Investment Ponzi Scheme
Situation: Canada investor defrauded by a scheme based in Cyprus involving Bulgarian and Romanian intermediaries.
Strategy:
- Coordinated a complaint across four EU jurisdictions
- Simultaneous asset freezes in Cyprus and Bulgaria
- Threatened criminal proceedings
- Negotiated settlement with the scheme operators
Outcome: **Full recovery** over 14 months through court-supervised liquidation of scheme assets.
Factors Affecting the Success of International Recovery
Positive Factors:
- **Rapid Action:** Immediate response before assets are moved
- **Good Documentation:** Comprehensive evidence file
- **Significant Amounts:** Over €15,000 justifying international legal costs
- **Identifiable Parties:** Known entities or individuals
- **Regulated Intermediaries:** Banks, exchanges, platforms with compliance obligations
- **Jurisdictions with Treaties:** Countries with cooperation agreements
Challenging Factors:
- **Cash Transactions:** Difficult to trace
- **Non-Cooperative Jurisdictions:** Countries without treaties or with weak law enforcement
- **Complex Layering:** Money moved through many entities
- **Crypto Mixing Services:** Tumblers that obscure transaction trails
- **Long Delays:** Months before action is taken, allowing asset dissipation
Costs and Timeframes
Typical Costs:
International recovery involves costs for:
- Legal representation in multiple jurisdictions
- Court and filing fees
- Investigation and asset tracing
- Translations and document preparation
- Expert witnesses and forensic analysis
At Maple Law&Recovery, we generally work on a **success-based** arrangement (percentage of recovery) for cases above 3,000 CAD, making international recovery accessible without upfront costs.
Estimated Timeframes:
- **Emergency asset freezes:** 1–3 weeks
- **Investigation and strategy:** 4–8 weeks
- **Court proceedings:** 3–9 months
- **International enforcement:** 2–6 months
- **Typical total duration:** 6–18 months
Why Professional Expertise Is Essential
International fraud recovery requires:
- **International Network:** Partnerships with law firms in dozens of countries
- **Specialised Knowledge:** Understanding of international legal frameworks
- **Investigative Resources:** Access to professional investigators and forensic experts
- **Financial Resources:** Ability to pursue multi-jurisdictional actions
- **Experience:** Knowing what works in different jurisdictions
- **Persistence:** Willingness to pursue complex, long-running cases
Maple Law&Recovery maintains partnerships with law firms in 43 countries and has successfully recovered funds from fraudsters on every continent.
The Future of International Fraud Recovery
International cooperation is improving:
- **Enhanced Regulation:** The EU’s MiCA regulation subjects cryptocurrency to robust oversight
- **Better Technology:** Blockchain analysis is improving dramatically
- **Stronger Cooperation:** More countries are signing mutual legal assistance treaties
- **Platform Accountability:** Increased liability for platforms that host fraud
Conclusion
International fund recovery is complex but increasingly effective. Modern legal frameworks, improved international cooperation and specialised expertise make it possible to recover funds even from sophisticated global fraud operations.
The key is **professional representation** by specialists who understand international law, have global networks and possess the resources to conduct multi-jurisdictional actions.
If you have been the victim of international fraud, do not assume recovery is impossible. Contact Maple Law&Recovery for a **free assessment of your case**. We have successfully recovered millions from international fraudsters and can evaluate your chances of success.
Our international team is available 24/7: +14168472913