Missing money
#32
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#33
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Re: Missing money
Firstly you have my deepest sympathy on this.
A couple of suggestions.
If you are running up against a brick wall in Cyprus at the moment then I would tackle it again in the UK, the recieving bank is in the UK and therefore the final part of the crime has happened there, dont be fobbed off with the jurisdication excuse because crimes of this nature are frequently global and they are still investigated. Out of interest which Police agency did you try to report it to ?
Have you considered pursuing through the small claims process in Cyprus ? https://www.debitura.com/small-claim...diction/Cyprus
Possibly consider engaging with a dual qualified solicitor in the UK for advice.
Have you spoken with anyone from the press in the UK ?
What was your original engagement with the solicitor for and what were the terms for the transfer instruction (that you originally gave) ?
A couple of suggestions.
If you are running up against a brick wall in Cyprus at the moment then I would tackle it again in the UK, the recieving bank is in the UK and therefore the final part of the crime has happened there, dont be fobbed off with the jurisdication excuse because crimes of this nature are frequently global and they are still investigated. Out of interest which Police agency did you try to report it to ?
Have you considered pursuing through the small claims process in Cyprus ? https://www.debitura.com/small-claim...diction/Cyprus
Possibly consider engaging with a dual qualified solicitor in the UK for advice.
Have you spoken with anyone from the press in the UK ?
What was your original engagement with the solicitor for and what were the terms for the transfer instruction (that you originally gave) ?
#34
Forum Regular
Joined: Oct 2015
Posts: 207
Re: Missing money
Use a Cypriot lawyer based in the UK. There are quite a few. This is just one.
https://www.chambers.law/?gad_source...MaArWDEALw_wcB
https://www.chambers.law/?gad_source...MaArWDEALw_wcB
#35
Forum Regular
Joined: Oct 2015
Posts: 207
Re: Missing money
Ignore the above, these people may be more use:
https://www.judicaregroup.com/site/c...ers-in-cyprus/
https://www.judicaregroup.com/site/c...ers-in-cyprus/
#36
Re: Missing money
I only just found this thread, but I have a few thoughts on some of the posts.
The bank did nothing wrong, it transferred money from the solicitor's account per the solicitor's instructions.
The "different name" rule doesn't apply for a solicitor's account. I agree that it sounds like it was an inside job, but might not be the solicitor/ solicitors office. Who else knew about the money/ transaction?
This is undoubtedly true, no bank will correspond or negotiate with someone who is not a customer, even a lawyer or a professional with an interest in the matter is unlikely to get any useful information from the banks.
Again, without a customer relationship to the account where the funds were sent, the banking ombudsman isn't going to get involved.
Billions of pounds, euros and dollars flow through London every day, and there is very little liklihood of the funds being found there. In fact is highly likely (I would say "near certain") that the funds were moved on from the account they were credited to within 24 hours of being credited in London, and moved out of the UK and beyond the reach of UK or EU courts.
While the solicitor could be involved directly in the fraud, it is far more likely that he was negligent/ duped in taking the email of new details at face value without checking back directly to his client. Lawyers can be utter sharks, but I am sceptical that many of them are just straight-up theives.
That sounds reasonable, and consistent with my various comments above, which of course doesn't help you.
So, my thoughts are that there was a criminal fraud in Cyprus, that the solicitor while reckless in taking the email instructions and using them to transfer the money, was likely another victim of the fraud, not a particpant, and that the most likely route to any progress at all is to persuade someone to investigate the fraud. Whether that would be the police in Cyprus or a solicitor and private investigator, I'm not sure, but the key to understanding what happened is getting access to the email instructions, and finding out who sent the email, and where they got the information to send the email - how did they know that the money was there, waiting to be transferred?
Do you know anything about the account the money was sent to in London? Bank, name, account number, etc.? Despite all the comments above (mine and others), there is a small chance that you, or a lawyer acting on your behalf, might be able to "shake something loose" if you have the name and account number on the account, and send letters to the bank in the UK addressed to "the Fraud department" and "the Compliance Officer". I am not at all optimistic that you will get much of a response, and even less optimistic that it will lead to you getting your money back, but given your situation, it is something I would at least try as you don't have much to lose at this point.
.... If you are running up against a brick wall in Cyprus at the moment then I would tackle it again in the UK, the recieving bank is in the UK and therefore the final part of the crime has happened there, dont be fobbed off with the jurisdication excuse because crimes of this nature are frequently global and they are still investigated. ....
So, my thoughts are that there was a criminal fraud in Cyprus, that the solicitor while reckless in taking the email instructions and using them to transfer the money, was likely another victim of the fraud, not a particpant, and that the most likely route to any progress at all is to persuade someone to investigate the fraud. Whether that would be the police in Cyprus or a solicitor and private investigator, I'm not sure, but the key to understanding what happened is getting access to the email instructions, and finding out who sent the email, and where they got the information to send the email - how did they know that the money was there, waiting to be transferred?
Do you know anything about the account the money was sent to in London? Bank, name, account number, etc.? Despite all the comments above (mine and others), there is a small chance that you, or a lawyer acting on your behalf, might be able to "shake something loose" if you have the name and account number on the account, and send letters to the bank in the UK addressed to "the Fraud department" and "the Compliance Officer". I am not at all optimistic that you will get much of a response, and even less optimistic that it will lead to you getting your money back, but given your situation, it is something I would at least try as you don't have much to lose at this point.
Last edited by Pulaski; Mar 16th 2024 at 7:16 pm.
#37
Forum Regular
Joined: Oct 2015
Posts: 207
Re: Missing money
Pulaski, Fair comment. My only reservation would be that if you look at the state of the real estate sector in Cyprus, there are around 100,000 that have still not received their title deeds. Accusations have been made about collusion between the government, judiciary, banks, and legal profession. Who knows? The Cyprus Property News is full of fraudulent cases. It looks like a minefield to me.
https://www.news.cyprus-property-buy...ds/id=00167469
https://www.news.cyprus-property-buy...ds/id=00167469
#38
Re: Missing money
Pulaski, Fair comment. My only reservation would be that if you look at the state of the real estate sector in Cyprus, there are around 100,000 that have still not received their title deeds. Accusations have been made about collusion between the government, judiciary, banks, and legal profession. Who knows? The Cyprus Property News is full of fraudulent cases. ....
The international corruption rating agency "Transparency.org" scores Cyprus as "53" on a 100 scale, along side Georgia, Grenada, and Rwanda, so some fine company there (Denmark is top, scoring 90, Somalia is bottom, scoring 11). At least Cyprus is rated above Saudi Arabia (52) and Malta (51).
#39
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Joined: Nov 2023
Posts: 17
Re: Missing money
Just to update everybody, since our Larnaca Solicitor transferred our life's savings to someone else's account we have spent nearly 3 years going round in circles, we have now heard back from his insurance company saying that he is not insured for cyber crime, even though he personally walked to the Bank of Cyprus in Larnaca, personally filled out the paying in slip and transferred the money in person, no buttons were pushed at any time, they are hiding behind the small print because apparently he received an email which he thought was from us changing the bank details, yet never once did he check by a phone call or text, if this is not incompetence and negligence I don't know what is, yet the Cypriot Law Society says he has done nothing wrong in their opinion.