In recent years, social media and online platforms have become an essential part of everyday life. People use the internet to purchase goods, access services, make payments, invest, and establish business relationships. However, alongside technological advancement, the number of crimes committed through social media and the internet has increased significantly. Among the most common are online fraud, fake online stores, theft of personal and banking information, hacking of social media accounts, and schemes designed to deceive individuals into transferring money.
In practice, it is increasingly common for individuals to encounter offers on Facebook, Instagram, Telegram, TikTok, WhatsApp, or other online platforms to purchase goods, make investments, receive services, or claim prizes. Victims often transfer money in advance, only to discover that the promised product or service is never delivered. The seller disappears, communication stops, the page is deleted, or additional payments are requested. In such situations, a natural question arises: Has fraud been committed, and what legal remedies are available?
According to Article 180 of the Criminal Code of Georgia, fraud is defined as the unlawful acquisition of another person’s property or property rights through deception with the intent of unlawful appropriation. Fraud is an intentional criminal offense, meaning that the perpetrator must knowingly deceive the victim from the very beginning with the purpose of obtaining money, property, or another financial benefit. The offense is considered completed once the offender successfully obtains the property or financial benefit through deception.
When determining whether fraud has occurred, it is not enough to establish that the victim suffered financial loss. The crucial issue is the intent of the other party at the moment the legal relationship began. Failure to fulfill a contractual obligation, delayed delivery, or failure to return money does not automatically constitute criminal fraud. It must be established whether the person intended to deceive the victim from the outset. If the seller genuinely possessed the product and attempted to deliver it but later failed to fulfill the obligation, the dispute may fall within the scope of civil law rather than criminal law. On the other hand, if the product or service never existed and the sole purpose was to obtain money through deception, the conduct may amount to criminal fraud.
One of the most widespread forms of online fraud involves fake online stores. Fraudsters create Facebook or Instagram pages displaying electronics, clothing, furniture, mobile phones, cosmetics, and other products at prices significantly below market value. To attract buyers, they request full or partial payment in advance. Once the money is transferred, communication ceases, the customer is blocked, or the page is deleted entirely. In many cases, it later becomes clear that the advertised products never existed and that the page was created solely to deceive consumers.
Another common scheme involves fake websites imitating well-known brands. These websites are often designed to look almost identical to the official websites of reputable companies. Consumers see familiar logos, product images, discounts, and secure-looking payment pages, leading them to believe they are purchasing from a legitimate business. In reality, however, the payment is transferred directly to fraudsters, and the ordered goods never arrive. In some cases, the primary objective is not only to steal money but also to collect victims’ banking credentials.
Fraud related to cryptocurrency and investment opportunities has also become increasingly common. Individuals are promised exceptionally high returns within a short period, guaranteed profits, or the opportunity to double their investment. Initially, victims are asked to transfer a relatively small amount of money. Later, they are informed that additional fees, taxes, insurance payments, or account activation charges are required before profits can be released. Ultimately, the funds disappear, and the organizers become unreachable.
Fraudsters also exploit fake giveaways, free airline tickets, vouchers, and expensive prizes. Victims may receive messages claiming they have won a smartphone, cash, travel tickets, or gift cards. To claim the prize, they are instructed to click on a link, provide personal information, enter their bank card details, or pay a small administrative fee. In reality, neither the prize nor the promotion exists. Such links are frequently used to steal social media credentials, email accounts, or online banking information.
There are also situations where a consumer receives a product, but it is entirely different from what was advertised, of poor quality, damaged, or second-hand instead of new. These cases require an individual legal assessment. The mere fact that a product does not meet the buyer’s expectations does not automatically constitute fraud. Depending on the circumstances, the matter may involve consumer rights violations, breach of contract, or a civil dispute. Criminal liability depends on whether there was an original intent to deceive.
In practice, many people mistakenly assume that every financial loss amounts to fraud. For example, someone may advertise sports betting tips or predictions on social media while claiming there is a 90% chance of winning. This statement still acknowledges a 10% chance of losing. If the customer knowingly accepts the risk and voluntarily transfers the money, the fact that the prediction fails does not automatically establish criminal fraud. However, the legal assessment may differ if false information was deliberately provided or if guaranteed success was falsely represented despite the organizer’s knowledge that such claims were impossible.
If you believe you have become a victim of online fraud, it is essential to preserve all available evidence immediately. Do not delete conversations on social media, voice messages, payment receipts, bank statements, phone numbers, email addresses, website links, user profiles, advertisements, or any other relevant information. Screenshots should be taken as soon as possible because fraudulent pages and advertisements are often removed shortly after the scam. Proper preservation of evidence is critical for both criminal investigations and legal proceedings.
To reduce the risk of becoming a victim of online fraud, consumers should exercise particular caution before making advance payments. It is advisable to verify the history of an online store, check whether the business is officially registered, read customer reviews, confirm contact information, and research the experiences of previous buyers. Prices that are significantly below market value, pressure to make immediate payments, requests to transfer funds to personal bank accounts, the absence of a physical address, or refusal to allow inspection of the goods before purchase are all significant warning signs.
Equally important is protecting your personal information. Never publicly disclose your date of birth, banking information, card number, CVV code, online banking password, or one-time SMS verification codes. Legitimate banks, government institutions, and reputable online businesses will never request your full online banking credentials or one-time authentication codes. Enabling two-factor authentication (2FA) on social media accounts, email services, and other important online accounts provides an additional layer of security.
If you have already transferred money and suspect that you have been deceived, it is essential to act without delay. Contact your bank immediately, preserve all transaction records, avoid sending any further payments to the suspected fraudster, and seek professional legal advice. A qualified lawyer can assess whether the circumstances constitute criminal fraud, determine which evidence is relevant, and advise on the appropriate legal steps, including reporting the matter to law enforcement authorities.
At Chikovani Law Office, we regularly handle cases involving online fraud, social media scams, fake online stores, unauthorized use of banking information, and internet-related financial crimes. Every case requires an individual legal assessment because situations that appear similar may have entirely different legal consequences.
Chikovani Law Office provides comprehensive legal services, including the analysis of evidence, legal qualification of the facts, preparation of complaints and procedural documents, communication with law enforcement authorities, and representation throughout criminal investigations and court proceedings. If you or a member of your family has become a victim of online fraud, has been deceived through Facebook or Instagram, transferred money for goods that were never delivered, or had personal or banking information unlawfully used, obtaining timely assistance from an experienced criminal defense lawyer is essential.
Although online fraud schemes continue to evolve, prompt action, proper preservation of evidence, and qualified legal representation significantly increase the chances of protecting your legal rights and interests.
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