Fraud & Scams
Criminal defense and victim representation for fraud, online scams, Ponzi schemes, and identity theft under Colombian law.
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Fraud (estafa) under Article 246 of Colombia's Penal Code carries penalties of 32 to 144 months imprisonment and fines of 66.66 to 1,500 monthly minimum wages. The offense covers any act of deception used to induce someone to part with money, property, or rights — including online fraud, investment scams, Ponzi schemes, advance-fee fraud, identity theft, and contract fraud. For foreigners in Medellín, vulnerability to fraud is heightened by language barriers, unfamiliarity with local business practices, and the prevalence of scams targeting expats.
Colombia has seen a significant rise in digital fraud, including fake real estate deals, cryptocurrency scams, romance fraud, and fraudulent investment platforms. At the same time, false criminal complaints for estafa are sometimes used as leverage in commercial disputes — making it essential to have competent legal representation whether you are the victim or the accused.
At Legal Diligence Medellín, we handle both sides of fraud cases. For victims, we file criminal complaints, pursue asset recovery, and coordinate with the Fiscalía to ensure effective prosecution. For those accused, we build rigorous defenses that distinguish legitimate business disputes from criminal conduct and challenge the elements of deception and damage that the prosecution must prove.
Problems We Solve
Victim of an investment scam
You invested money in a scheme that turned out to be fraudulent — a Ponzi structure, fake cryptocurrency platform, or nonexistent real estate project — and need to file criminal charges and recover your funds.
Falsely accused of fraud
A business partner, client, or counterparty has filed a criminal complaint for estafa against you as leverage in a commercial dispute, and you face a Fiscalía investigation.
Online fraud or identity theft
Your identity has been stolen or used to commit fraud, or you have been defrauded through fake websites, phishing attacks, or social media scams while living in Medellín.
Real estate or rental scam
You paid a deposit or purchase price for a property that does not exist, belongs to someone else, or was sold with forged documents — a common scam targeting foreigners in Medellín.
Our Approach
Criminal Complaint and Investigation
For victims, we file detailed criminal complaints (denuncias penales) with the Fiscalía, including all available evidence, and actively follow the investigation to ensure the case progresses toward prosecution.
Asset Tracing and Recovery
We work with investigators to trace the movement of defrauded funds, request precautionary asset seizures through the courts, and pursue civil recovery actions to maximize your chances of getting your money back.
Defense Against Fraud Charges
For the accused, we analyze the complaint to identify deficiencies in the elements of estafa (deception, error, disposition, and damage), challenge the evidence, and present the case as a civil dispute where applicable.
Frequently Asked Questions
Estafa requires proof of intentional deception — the accused must have used tricks, lies, or artifice to induce the victim to hand over money or assets. A failure to pay a debt or a business deal that went wrong is not automatically criminal. The Fiscalía must prove the deceptive intent existed from the beginning of the transaction.
File a formal criminal complaint (denuncia penal) at the Fiscalía General de la Nación. You can do this at any Fiscalía office or through the online portal (adenunciar.policia.gov.co). Include all evidence: contracts, messages, transfers, screenshots, and witness information. A lawyer can ensure your complaint is properly structured for prosecution.
Recovery is possible but depends on the perpetrator being identified and having seizable assets. Through criminal proceedings, we can request precautionary seizure of the accused's property and bank accounts. We can also file parallel civil claims. The earlier you act, the better the chances of recovery before assets are dissipated.
Yes. Expats face elevated risk due to language barriers, unfamiliarity with local real estate and business practices, and social dynamics. Common scams include fake property deals, overpriced legal or visa services, romance scams, and fraudulent investment opportunities marketed to the expat community.
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