Fraud & Scam Cases in Chile
Victim of a scam, or accused of one? Chile treats fraud as a crime, but it is not the same as an unpaid contract.
What this involves
Fraud in Chile is mainly covered by the estafa provisions of the Código Penal, starting at article 467 for the penalties based on the amount of the loss and article 468 for fraud by false identity, imaginary property or influence, or other deceit. Article 473 catches other forms of deceit that cause harm. Online and card fraud have their own rules, including Ley 21.459 on computer crimes and Ley 20.009 on lost or stolen payment cards.
The central question is always deception. Estafa requires that someone used lies or a false appearance to obtain money or goods and caused a financial loss. A seller who simply fails to deliver, or a tenant who stops paying, is generally a civil matter. But a fake rental listing, a vehicle sold by someone who is not the owner, a cloned online shop, or an investment that never existed can all be estafa. Foreigners are frequent targets because they are unfamiliar with local practice.
What we handle
Criminal complaints for victims
Filing a denuncia or a querella, organizing the proof of the deception, and following the case with the prosecutor.
Defense of the accused
Showing that the dispute is contractual rather than criminal, or that there was no intent to deceive.
Freezing and recovering funds
Requesting real precautionary measures over assets and working with banks to trace transfers.
Online and investment scams
Fake listings, cloned websites, impersonation and crypto schemes, including those involving platforms abroad.
Civil claims for damages
Seeking compensation from the person who deceived you, separately or together with the criminal case.
Fraud or breach of contract: the distinction that decides the case
Prosecutors regularly archive complaints that describe a contract dispute as a crime. They need to see deception at the time of the deal, not merely a later failure to perform. The facts that help are false statements made to induce payment, forged or borrowed identities, fabricated documents and a pattern of similar victims. The facts that hurt are a real company that tried and failed to deliver. We analyze the documents first and tell you honestly which route has a chance, including the civil route covered under breach of contract claims.
Speed matters for victims
Money that has been moved is hard to get back, and every day helps the other side. If you were scammed, report it to your bank at once so it can try to block the transfer, preserve every message, receipt and screenshot, and contact us. A report to the police or the prosecutor's office is the entry point, and a querella through a lawyer gives you a voice in the case. We also tell victims when a recovery is unlikely so they do not spend money chasing it.
If you are the one accused, the same urgency applies. Do not delete messages, avoid contact with the complainant about the dispute, and call us before you answer the prosecutor.
How we work a fraud case from abroad
Triage
You send what you have. We say whether it looks like estafa, another crime or a civil claim, and what recovery is realistic.
Power of attorney
Granted at a Chilean consulate or apostilled where you live, so we can file and appear for you.
Complaint and tracing
We file the complaint, request measures over assets and report to you after each step.
Fraud & Scam Cases — common questions
Questions from scam victims, investors and people under investigation.
I paid a deposit for an apartment in Chile that did not exist. What can I do?
Is a seller who did not deliver automatically a criminal?
Can I get my money back?
Do I have to be in Chile to file?
What if I am accused of fraud by a business partner?
Is fraud treated more harshly if the amount is large?
Talk to a Chilean lawyer about fraud and scams
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