What to do in case of fraud committed by a fake buyer on the internet?

Verified 12 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

If you are the victim or witness of a scam committed by a fake buyer on the internet, you can make a signaling to the police or gendarmerie. As a victim of the scam, you can drop off complaint. The false buyer is subject to criminal sanctions. You can be compensated. We present you with the information you need to know.

If you are a victim or witness to a swindle committed by a fake buyer on the internet, you can report it to the investigators of THESEE: titleContent :

Report a scam to the classified ad (fake buyer) - THESEE

You have the possibility to use this online service in 2 situations:

  • You (or your entourage) have sent the goods or performed the ordered service and the buyer has not paid (or only part of the fixed price)
  • The buyer has asked you (or someone close to you) to advance certain fees before the goods are sent or the service is provided (for example, an advance to cover certain taxes). To convince you, he presented you with documents (e.g. check, emails) containing false information. In the end, the person did not buy the property.

Your report shall be admissible if the The relationship has remained virtual.

Reporting is not a complaint. It consists solely in informing the investigation services of theThe offense and to provide them with information to identify the perpetrator.

If you report this type of scam, you will not be kept informed of the outcome of your report.

FYI  

This online approach is open to adults and minors.

You can file a complaint if you are in one of the following 2 situations:

  • You have sent the goods or performed the ordered service and the buyer has never paid you (or only part of the fixed price)
  • The buyer has asked you to advance certain fees before the shipment of the goods or the performance of the service (for example, an advance to cover certain taxes). To convince you, he presented you with documents (e.g. check, emails) containing false information. In the end, the person did not buy the property. In this case, your complaint is admissible even if the money has not been paid or cashed. However, you must specify the amount requested.

In general, you can file a complaint online from the platform THESEE: titleContent.

If you have physically if you meet the buyer, you can file a complaint by traveling to the police station or gendarmerie brigade of your choice or by writing to the public prosecutor.

FYI  

The deadline for filing a complaint is 6 years to be counted of the last act ofswindle (example: last remittance of funds to the buyer).

Online (THESEE)

You can file a complaint online from the platform THESEE: titleContent :

File a complaint for scam ad (fake buyer) - THESEE

You have the option to use this online service if you never met buyer (virtual relationship).

As soon as your complaint is validated by professionals in this online service, you receive an information notice in your personal space “Service-Public.fr”.

This notice gives you information on the follow-up to your complaint, the assistance you can receive (e.g. assistance from a lawyer) and the means to obtain compensation.

You are also informed in case of identification and arrest of the perpetrator.

Warning  

If you are a minor, you cannot file a complaint on THESEE: titleContent.

On the spot

To file a complaint, you must go to a police station or to the gendarme of your choice.

Who shall I contact

FYI  

If you do not know the perpetrator, you can first file a pre-complaint online.

Online Pre-Complaint

This pre-complaint must be signed at the police station or gendarmerie you have chosen. During this interview, you can optionally bring new elements. After the signature, the complaint is filed.

At the end of your hearing by the police or gendarmerie, you receive a receipt and a copy of your complaint if you request it.

The filing of a complaint leads to a police investigation that can result in the conviction of the false buyer.

If you constitute yourself civil party, you can get damages.

Please note

If you are a minor, you can report the facts at the police station or gendarmerie brigade of your choice. If you wish to obtain the author's conviction and compensation, it is necessary to take civil action. To do this, you must obligatory be accompanied by your legal representatives (e.g. your parents).

By postal mail

To file a complaint, you must send a letter to the court of law of the place of the offense or of the domicile of the offender.

Who shall I contact

Your mail should include the following:

  • Your marital status and full contact information (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
  • Name and address of any witnesses to the offense
  • Description and provisional or definitive estimate of the damage
  • Your proof documents: medical certificates, work stoppages, miscellaneous invoices, findings...
  • Your eventual willingness to become a civil party.

You can use the following mail template:

File a complaint with the public prosecutor

You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.

A receipt will be given to you as soon as the services of the public prosecutor have registered your complaint.

The filing of a complaint leads to an investigation that can result in the conviction of the false buyer.

If you constitute yourself civil party, you can get damages.

Please note

If you are a minor, you can report the facts, in writing, to the public prosecutor.

If you wish to obtain the author's conviction and compensation, it is necessary to take civil action. However, to do so, you must obligatory be accompanied by your legal representatives (e.g. your parents).

False buyer who commits a scam on the internet can be condemned by the correctional court.

The penalties incurred by a natural person are different from those that a legal person.

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Natural person

A false buyer who commits a scam on the Internet is liable to a penalty:

  • 5 years in prison
  • and €375,000 of fine.

Please note

If the buyer has asked you for a fee advance but the money has not been paid/cashed, he or she will face the same penalties as if the transaction had taken place. This is called attempted fraud.

Legal person

False buyer who commits a scam on the internet faces a fine equal to €1,875,000.

The perpetrator also risks additional penalties such as posting the court decision in print or online.

Please note

If the buyer has asked you for a fee advance but the money has not been paid/cashed, he or she will face the same penalties as if the transaction had taken place. This is called attempted fraud.

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