After a cryptocurrency scam, you have a legal claim against the perpetrator(s). On paper, you are entitled to compensation. The problem lies elsewhere: while you consider legal action, the coins continue to move. What is currently stored in an identifiable wallet or on an exchange can be distributed across multiple addresses, bridges, and exchanges within minutes. A judgment obtained after two years of litigation is of little use if there is nothing left to recover.
This is precisely where the attachment order under the Code of Civil Procedure comes into play. It freezes assets before the debtor can conceal them. Your lawyer files an urgent application with the court, and we provide the forensic evidence. Attachment is a race against the speed of blockchain technology, and this race hinges on the quality of the evidence presented.
Finanz Forensik GmbH tracks crypto assets via the blockchain. For arrest warrant applications, we provide what the court requires: a robust blockchain analysis that includes wallet data.Cluster Our reports are assigned to actual recipients and specifically substantiate the grounds for the arrest. They are admissible in court, GDPR-compliant, and usually initiated within one business day.
The most important information at a glance
- Two requirements: An arrest under §§ 916, 917 of the German Code of Civil Procedure (ZPO) requires a claim for arrest (your monetary claim) and a ground for arrest (the threatened frustration of enforcement).
- Credibility rather than full proof: According to Section 920 of the German Code of Civil Procedure (ZPO), a preponderance of the evidence is sufficient. A sworn statement and documents are adequate; an expert opinion significantly strengthens both.
- Speed is key: On-chain, values are shifted in minutes. An arrest can be issued within days without a hearing for the opposing party, often without prior warning.
- Forensics as leverage: A report shows the current state of the assets (location) and that a cover-up is underway. This makes the grounds for arrest tangible.
- Interaction: Arrest, exchange freeze, and information requests are intertwined. Only their combination ensures the long-term security of assets.
- Please observe the deadlines: The arrest warrant must be executed within one month, otherwise it expires. Your lawyer will keep track of this short deadline.
Why arrest determines success or loss in cryptocurrency
With traditional assets, creditors have time. A property doesn't run away, and a bank account can be seized for years. Crypto assets behave differently. Control over a wallet lies with the person who possesses the private key, and this person can transfer funds within seconds, without a bank.
An arrest at cryptocurrency This protection must therefore be effective while the assets are still tangible. Tangible means: they are held in a wallet that can be assigned to an identifiable person, or in an account at a regulated exchange. As soon as the coins are processed through a mixer or distributed across hundreds of new addresses, securing them becomes significantly more difficult.
A seizure order is directed against the debtor's assets and secures your monetary claim. It is the civil law response to the volatility of crypto assets. Parallel to this, there is the criminal procedure for asset seizure, which is carried out by the public prosecutor's office. We prepare separate reports for investigative authorities; you can find more information on our page for public prosecutors.
Claim for arrest: Your monetary claim after the crypto fraud
The attachment claim is the claim you wish to secure. This can be a monetary claim or a claim that will later become a monetary claim. In the case of cryptocurrency fraud, the claim typically arises from tort law, such as fraud or intentional immoral harm. Your lawyer will assign the facts to the appropriate legal basis, and we will provide them with the necessary evidence.
It is important that you present your claim clearly and convincingly. You need a comprehensible timeline: How did the contact originate, what amounts did you transfer or deposit in coins, what promises were made, and when did the payout stop? Screenshots, chat logs, transfer receipts, and wallet addresses are all part of this.
The claim must be determinable in amount, as the attachment secures a specific sum of money. If multiple payments are made in different coins, we calculate the amounts at the time of the offense and the current exchange rate, and assign each transaction to the chain. This results in a verifiable claim amount.
Reason for arrest: Why enforcement would fail without arrest
Grounds for arrest exist if there is reason to believe that, without the arrest, subsequent enforcement would be thwarted or significantly impeded. This is precisely where many applications fail, because the applicants merely assert the existence of grounds for arrest instead of substantiating them.
In cases of cryptocurrency fraud, the grounds for arrest almost always arise from the nature of the crime. Typical indicators include: international criminal networks without a tangible residence, use of straw men and forged identities, changing domains and deleted profiles, forwarding funds via multiple addresses, and the use of mixers or cross-chain bridges for concealment.
These points are not enough as a mere list. The court wants to see that the concealment is actually taking place. If we can prove on-chain that funds have already been transferred via a Crypto Mixer If the data was sent or transferred to other networks via Bridges, the grounds for arrest become documented behavior rather than mere suspicion. This is the difference between a rejected and a granted request.
The justification must not be too vague. Courts have overturned asset seizures when the risk was based solely on generic software alerts or general risk warnings. The grounds for seizure must be linked to specific, verifiable transactions.
Establishing credibility: What the court really wants to see
The major advantage of attachment is the lowered threshold of proof. The claim and grounds for attachment only need to be made plausible, not fully proven. A preponderance of the evidence is sufficient. Means of establishing plausibility include sworn statements, documents, and expert opinions.
A forensic report serves two purposes here. First, it substantiates the grounds for seizure by documenting the attempts to conceal the assets. Second, it establishes the location of the valuables, i.e., the exact place where the coins are currently located. Together, these two elements provide the court with the factual basis it needs for a swift decision.
We prepare our analyses so that they can be directly incorporated into an application: comprehensible transaction charts, assignment of wallet clusters to exchanges or service providers, and a clear chronology of fund flows. Our collaboration with law firms is explained on our website. Financial forensics for lawyers.
Occupancy: Where do the values currently stand?
An attachment order is only effective where there is something tangible to seize. The application must therefore specifically identify which assets are to be subject to attachment, such as a balance on a particular exchange. Our transaction tracking shows whether the coins are still in a controllable wallet or whether they have already been deposited into an exchange account, where a claim to withdrawal can be seized.
The race against on-chain speed
A bank debtor needs hours or days to move money. A crypto debtor needs minutes. This speed shapes the entire practice of asset seizure. As little time as possible should elapse between determining where the assets are located and executing the seizure.
Therefore, the arrest warrant is often issued without a hearing, meaning the opposing party is not heard beforehand. The element of surprise is intentional. If the debtor were to learn of the application, the coins would be transferred before the order takes effect.
Once the order is issued, every hour counts. There is only a short deadline to execute the seizure, beginning upon delivery of the order. For assets held on an exchange, a request is simultaneously sent to the platform to freeze the balance. We describe how such a freezing of stablecoins via the issuer works using USDC as an example. Circle.
Interaction: Arrest, Exchange Freeze and Right to Information
Arrest is rarely the only instrument. It only unfolds its full effect in combination with other measures, all of which are based on the same forensic principles.
An exchange freeze is triggered when the coins are held in an account at a regulated exchange. Large platforms have their own legal channels for authorities and lawyers. If blockchain analysis shows that funds are flowing to an exchange, a swift notification along with a freeze request can be crucial, often even before a formal seizure order is issued.
The right to information closes the gap between an anonymous wallet and a real person. The account holder can be identified via the exchange that collected Know Your Customer (KYC) data. You need this information to name the debtor in the attachment application and later enforce it.
All three levers are interconnected. How forensic investigation and legal enforcement combine to form a comprehensive strategy is explained in our article on the forensic-legal strategy of [the organization/institution]. Crypto Asset Recovery Explained in detail. The arrest secures, the freeze holds, the information identifies the responsible party.
Property arrest, personal arrest and the limits of security
The German Code of Civil Procedure (ZPO) recognizes two forms of attachment. Attachment of property is directed against assets and is the standard procedure in cases of cryptocurrency fraud, as it aims to secure coins and balances. Attachment of person is directed against the debtor and is only permissible if necessary to secure enforcement against their assets. It is rare in practice and subject to strict legal requirements.
Attachment also has limitations that you should be aware of. It only provides security; it doesn't guarantee satisfaction. Ultimately, you need a judgment on the merits to actually access the money. Furthermore, the applicant bears a liability risk: if the attachment later proves to have been unjustified from the outset, they may face claims for damages. This is yet another reason to provide a clear and verifiable justification for the attachment, rather than making a speculative claim.
These limitations do not argue against arrest, but rather for thorough preparation. An application based on sound forensic evidence is more likely to withstand reversal and carries significantly less risk of liability in the event of an unjustified arrest than a poorly reasoned emergency action.
Practical procedure: From reporting the loss to securing the vehicle
In practice, the path to an arrest follows a clear pattern. First, we secure the existing evidence: transaction IDs, wallet addresses, receipts, and communications. This securing process is time-critical because evidence can disappear and assets can continue to be traded.
We then track the flow of funds via the blockchain and assign them to the corresponding wallet clusters. The goal is to answer two questions: Where are the assets currently located, and can the recipient be traced back to an identifiable entity? This analysis generates the report that substantiates the grounds for seizure and the location of the assets.
Your lawyer will use this report to file an application for an attachment order. If the order is issued, it will be executed and supplemented by requests for a freeze and information. The forensic work does not end with the application, as we continuously document any subsequent attempts by the debtor to transfer further assets.
Secure assets while they are still tangible.
When it comes to seizing crypto assets, speed is crucial. The sooner it's established where the coins are located and that obfuscation is taking place, the greater the chance that the seizure will actually affect the value of the assets and not be ineffective.
We respond within one business day and provide the forensic basis for your attachment application: admissible in court, GDPR-compliant, and available nationwide. Call us at +49 6057 772 994 86, email us at postfach@finanz-forensik.de, or use our contact form. The faster we start, the more evidence we can secure.
Further articles on this topic: Blockchain analysis / Crypto forensics, Freeze USDC / Lock Circle Wallet as well as For prosecutors.
Note: This article is for general information purposes only and does not replace legal advice in individual cases. Finanz Forensik GmbH is a forensic service provider and not a law firm.
FAQ: Seizure of property in cases of crypto fraud
An attachment order is an emergency court measure under the Code of Civil Procedure that secures a debtor's assets before they can be concealed. In cases of cryptocurrency fraud, it applies to the coins themselves or to balances held on an exchange. It secures your monetary claim so that subsequent enforcement proceedings are not unsuccessful. The attachment order does not create a new claim but rather freezes existing assets.
You need two things: a claim for attachment and grounds for attachment. The claim for attachment is your monetary claim, for example, arising from fraud or unconscionable harm. Grounds for attachment exist if, without the attachment, enforcement would be thwarted or significantly impeded. Both only need to be substantiated; conclusive proof is not required.
Establishing credibility means you must convince the court of a preponderance of probability, not absolute certainty. Sworn statements, documents, and expert opinions serve as means of proof. Especially in crypto-related matters, a forensic report is a powerful tool because it makes transactions objectively verifiable. This lowered threshold allows for a swift decision.
With proper preparation, an arrest warrant can be issued within a few days. The court often decides without an oral hearing, meaning without hearing the opposing party, in order to preserve the element of surprise. A prerequisite is a fully prepared application with a coherent claim and documented grounds for arrest. The better the documentation, the faster the decision.
Crypto assets can be moved across numerous addresses, mixers, and bridges in minutes. Unlike a bank account, there's no bank to delay the transfer. What's readily accessible in a wallet today can be obscured tomorrow. Therefore, the arrest is a race against on-chain speed, where every hour counts.
The report clearly demonstrates that obfuscation is indeed taking place, for example through redirection via mixers or cross-chain bridges. This transforms the grounds for seizure from mere suspicion into documented behavior. At the same time, it proves the location of the assets, i.e., where the coins are currently held. Courts have overturned vaguely justified seizures; a reliable report prevents precisely that.
Location refers to the place where the assets are currently held. An arrest warrant is only effective where assets can be seized; therefore, the application must specifically identify the assets. If the coins are in an exchange account, the claim for payment can be secured against the exchange. Our transaction tracking determines whether the assets are still in a wallet or already with a regulated entity.
The seizure legally secures the assets, the exchange freeze effectively freezes them, and the right to information identifies the responsible person. Large exchanges have dedicated access points for lawyers and authorities, allowing for the rapid freezing of funds. The account holder can be identified via the exchange's Know Your Customer (KYC) data. All three measures are based on the same forensic analysis.
If an arrest warrant is issued, it must be executed within one month, otherwise the warrant becomes invalid. This short deadline begins upon pronouncement or service of the warrant. Especially with crypto assets, execution should occur immediately, as the value of the assets could otherwise change. Your lawyer will keep track of the deadline, so the forensic evidence should be prepared well in advance.
As soon as the grounds for seizure or the location of the assets are at issue, you need forensic evidence, as both are difficult to substantiate credibly without blockchain analysis. A forensic expert can demonstrate where the assets are located and that concealment is taking place, providing precisely the factual basis the court requires. Don't delay, as every hour increases the risk of the coins disappearing. We respond within one business day, operate nationwide, and can be reached at +49 6057 772 994 86 or postfach@finanz-forensik.de.
