“Criminals deceive their victims and in seconds they have the money abroad”


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Ospina Abogados is a criminal law firm specialized in economic crimes with extensive experience in cryptocurrency scams. In recent years, Ospina has become a national benchmark in the prosecution of white collar criminals. Without going any further this 2020 the legal firm has obtained the file and dismissal of a scam which occurred when an investor requested a loan of five million euros from an alleged financial institution located in London, for which he paid more than 750,000 euros without obtaining anything in return. “We have a Criminal Law anchored in the 19th century with criminals who roam freely with 21st century technology, criminals deceive their victims and in seconds they have the money abroad making it practically impossible to recover it”, explains Juan Gonzalo Ospina, the director of one of the current leading criminal law firms in Madrid.

The extensive knowledge of the Ospina Abogados team on online scams and businesses that involve the use of cryptocurrencies, has also allowed the firm to know how to identify when an accusation, sometimes, is not well founded. Juango Ospina (as he is known in the legal sector) assures that «we continue to have erroneous accusations since, many investigations stick to basic and rudimentary evidence, forgetting that cybercriminals easily deceive several people to achieve their objective: to defraud, deceive and get hold of the money”. And it is that Ospina Abogados has also stood out for obtaining the acquittal of those who have been accused of a scam with bitcoins and have subsequently been declared innocent after it was shown that they were used by a third party in a triangular scam.

Undoubtedly a new law is necessary to streamline precautionary measures. Juan Gonzalo Ospina as a criminal lawyer clarifies that “it is essential to advance security in a society adapted to the threats of the 21st century.”

Two geometric figures give names to the two most common methods criminals use to scam their victims. On the one hand, there is the so-called Ponzi Pyramid, the operation of this is simple: first, a product with a very high profitability is offered so that the scammer makes a large investment, then a fraudulent user is given the passwords of some accounts online operating on a computer program designed specifically for the fraud network. When the scammed investor wants to withdraw the money, he is not allowed to believe that if the withdrawal does not take place his money will be reinvested in higher amounts.

The other scam method is the triangle whose name refers to the union of the offender with his two victims. In this method, the scammer offers on web pages a product or service that does exist (the rental of a vacation home, for example) by coming into contact with another person who wants to sell bitcoins. Once the data of the tenant of the house in this case and the seller of those bitcoins have been obtained; he makes them believe that they are talking to each other, hiding himself in the anonymity of the internet. In this way, the offender gets the buyer who wants to buy the product or rent the house to pay the seller of bitcoins in a real account; and that the seller of bitcoins pay the criminal with cryptocurrencies the amount of the transfer that he supposedly believed was real.

When the scam is discovered, the person who never receives the product denounces the owner of the bank account where he has deposited the money, in this way the latter is being denounced for an alleged crime of fraud or money laundering that he has not committed completely unaware that it has been part of a strategic fraud. At this point, the defendant is forced to hire a specialized criminal lawyer to prove his innocence by not having participated in any type of scam but on the contrary, having fallen into the trap.

According to the Spanish Computer Crime Observatory, in 2019 there were more than 200,000 cybercrimes, almost double the number in 2018. Taking into account preliminary reports, it is expected that these amounts will multiply abruptly in 2020 due to the large increase in cybercrime in times of pandemic.

The most serious thing about this type of crime is its extremely high level of impunity. The Lieutenant Colonel of the Civil Guard Juan Sotomayor, head of the Department of Telematic Crimes of the Central Operational Unit (UCO) explains that “impunity for cybercrime is almost absolute and those who commit crimes know it.” It must be taken into account that of the more than 200,000 cybercrimes registered in 2019, 95% of them did not go to court, that is why positive advice is essential.

Directed by the criminal lawyer Juan Gonzalo Ospina, Ospina Lawyers It is one of the criminal law firms whose legal successes in 2020 have allowed them to be among the best in the sector. This Madrid office specialized in economic crimes committed over the Internet is a current benchmark in Spanish criminal law due to the volume of successful cases. It has also stood out for being one of the few specialized law firms in crimes related to cryptocurrencies.

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