Question 1

Will I get my computer/phone back from the police after a cryptocurrency fraud investigation?

Accepted Answer

With cases involving fake investment schemes, it will often be the case that electronic devices are seized from your home when you are arrested. These will need to be reviewed by a forensic team to see whether they contain any evidential material.

If they contain evidential material, it is unlikely that you will get these devices back until the conclusion of the case. However, if certain devices contain no such material, we may be able to apply to the police or prosecution in order to get them back to you.

Question 2

Cryptocurrency fraud accusation: how do I prove that I am a legitimate investor?

Accepted Answer

It is a myth that those accused of a crime must prove their innocence. In fact, it is the opposite and it is for the prosecution to prove that you are guilty, beyond all reasonable doubt.

You may be concerned about how you can help yourself when you legitimately invested in a scheme and the so-called paper trail should prove this. It is not as simple as this and the wider context of why and how you invested is crucial. There are other factors which may assist you, such as letters from professionals and colleagues that comment on your character if you have no previous convictions.

Question 3

Cryptocurrency fraud accusation: how long will the case last?

Accepted Answer

In the UK, fraud and cybercrime investigations typically take a minimum of one year from start to finish. They can last even longer than this. Police and other agencies often consult outside experts and professionals to help build their case. Their evidence usually includes a lot of digital material from seized devices and financial records from third parties such as your bank.

If you have been on bail or under investigation for some time, you can probably already gauge that the above work takes a long time. There may also be other people under investigation and their devices may also be downloaded.

The case could move more quickly if you are charged and court proceedings begin, but it is still likely to be many months before your case concludes.

Question 4

Can my family and friends be dragged into my cryptocurrency fraud case?

Accepted Answer

Anyone you have discussed the investment scheme with may be spoken to by the police but it does not mean that they will be charged or sent to court. However, prosecutors will usually take a cynical view if they believe they have grounds to prove it was a fake scheme.

If you or a friend/family member are in this position, you need specialist advice from our investment scheme solicitors.

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