Swindling and fraud

In 2023, swindling and fraud remained the top crime type addressed by Eurojust, with over 4 000 cases handled. The Agency dealt with a 15% increase in new cases in 2023 compared to 2022, in addition to almost 2 500 ongoing cases from previous years. 

Eurojust facilitated a large number of coordination meetings (128) and JITs (69) related to swindling and fraud cases, as well as 8 coordinated action days.

Throughout the EU, thousands of victims are targeted by complex fraud schemes (e.g. investment fraud and food fraud) instigated by organised crime groups.

Protecting the financial interests of the EU within its mandate remains a priority for Eurojust. In 2023, the Agency achieved this in cooperation with EPPO and other partners, by supporting ongoing investigations, and participating in EMPACT and Operation SENTINEL (see below).

Fraud against NextGenerationEU recovery funds

During 2023, Eurojust continued to actively support Operation SENTINEL, an EU-wide operation launched in 2021 to ensure the lawful use of the NextGenerationEU recovery funds by detecting, investigating and prosecuting cross-border criminal activities such as fraud and money laundering. Eurojust continues to provide assistance whenever needed, in particular when cases emerge for which the EPPO or competent national authorities seek Eurojust’s assistance.

Investment fraud

Defrauding victims via online trading platforms remains a trend in investment fraud cases registered at Eurojust. Particularly complex and challenging, these multilateral investment fraud cases involve an increasing number of victims throughout the EU. Such cases benefit from cross-border judicial cooperation facilitated by Eurojust on issues including the centralisation of proceedings at the national and international levels, avoidance of possible conflict of jurisdiction, priority to prosecute common suspects and victim compensation.

Directly linked to a case of investment fraud registered at Eurojust, the Court of Justice of the European Union (CJEU) delivered its judgment (case C-365/21) on ne bis in idem on 23 March 2023 (see also section 6.3). The CJEU noted that if a sentence is handed down solely on the basis of the acts of fraud committed against the injured parties residing in country A, and not on those that were detrimental to persons residing in country B, it cannot be concluded that the earlier decision in country A concerned the same acts as those covered by the prosecution in country B. At most, that earlier decision might be considered to have concerned similar acts, which, however, is not sufficient for the ‘idem’ condition to be regarded as being satisfied.

Missing Trader Intra-Community (MTIC) fraud

MTIC fraud is detrimental to the EU and national budgets, as well as complex to successfully investigate, prosecute and convict. Tackling this type of fraud is one of the aims of the fraud, economic and financial crimes priority of EMPACT 2022-2025 in the fight against serious and organised crime.

Eurojust continued to be co-leader of the EMPACT Operational Activity on MTIC fraud during 2023, aimed at fostering the multidisciplinary cooperation and exchange of knowledge and experience among practitioners. The Swedish Economic Crime Authority and Europol continued to co-lead this activity with the Agency, while the Finnish Customs Department joined as co-leader in 2023.

During 2023, two key meetings took place. The first meeting took place in April in Sweden and was attended by a group of dedicated MTIC specialists from 13 Member States as well as OLAF and EPPO. The second meeting took place in October in Finland and brought together experts from tax, customs, police and prosecution authorities from over 29 countries, as well as specialists at the EU level from the EPPO and the European Commission's Directorate-General for Taxation and Customs Union. Both meetings were instrumental in discussing cases, sharing experiences and developing joint strategies. They also led to over 10 additional EU countries officially joining the Eurojust-led EMPACT MTIC fraud operational activities in 2024/25.

PIF Crime

In 2023, Eurojust dealt with almost 300 PIF-related (crimes against the financial interests of the EU) cases (some involving the EPPO), which represents a 10% increase in the overall number of cases handled by the Agency in 2022. In addition to supporting 3 ongoing JITs in this area, Eurojust also assisted 3 new JITs opened in 2023, as well as 16 coordination meetings and 1 action day.

In May 2023, Eurojust’s President was invited by the European Commission to provide input regarding PIF crimes committed in Ukraine, during its high-level meeting on the ‘European anti-fraud architecture’. Following the meeting, Eurojust contributed to the European Commission’s concept note on the ‘prevention and fight against fraud concerning EU funds to Ukraine and on the cooperation between the EPPO, Eurojust, Europol and OLAF in this context’. As a follow-up to these developments, in October and December 2023, Eurojust attended the European Commission’s meetings on ‘EU anti-fraud in Ukraine’. Eurojust contributed to the establishment of a hit/no hit pilot project on the Ukraine Facility, a dedicated instrument that will allow the EU to provide Ukraine with up to EUR 50 billion in stable and predictable financial support over the period 2024-2027.

Money laundering

As in previous years, money laundering featured among the top three crime types addressed by the Agency in 2023. 20% more money laundering cases were opened at the Agency in 2023 compared to 2022. Eurojust saw an increase in the use of all of its judicial tools and services in this area, including JITs, coordination meetings and action days, compared to the previous year.

The fight against money laundering continues to be essential to deny criminals the incentive to commit crimes and bring them to justice. Money laundering poses a serious threat to the integrity of the European Union’s economy and financial system and the security of its citizens. It is mostly a transnational offence that requires a coordinated response across multiple jurisdictions.

Some recurring issues addressed in Eurojust’s casework in 2023 concerned dual criminality and predicate offence, the identification of beneficial ownership, evidentiary issues linked with specific money laundering schemes (e.g. money laundering as a service), asset recovery and cryptocurrencies.

Throughout the year, Eurojust continued to support and cooperate with national authorities, third countries and EU and international partners in numerous money laundering-related events. Among other events, in February 2023, the Agency presented the findings of the Eurojust Report on Money Laundering at the European Commission’s meeting on the EU Strategy to tackle Organised Crime and contributed to the ERA Annual Conference on White Collar Crime in March in Trier.

High-level meeting on money laundering and asset recovery at Eurojust

In June 2023, Eurojust organised its first-ever major meeting of high-level experts on money laundering and asset recovery. The meeting brought together a broad group of specialists to develop a common approach to take on the increasing crime of money laundering and to improve asset recovery. Participants expressed strong support to set up a dedicated focus group on money laundering and asset recovery, to be organised by Eurojust. The aim of this group would be to increase national and cross-border inter-institutional cooperation between the judiciary, law enforcement and other actors involved in the fight against money laundering and the recovery of criminally gained assets, in order to increase efficiency.

EU anti-money laundering package

During 2023, progress was made on the European Commission’s package of legislative proposals to strengthen the EU’s rules on anti-money laundering and countering the financing of terrorism.

In December 2023, the Council and the Parliament reached a provisional agreement on the Regulation establishing the Anti-Money Laundering Authority (AMLA), with the exception of its seat. The new European authority aims to protect EU citizens and the EU's financial system against money laundering and terrorist financing. Eurojust was consulted by the co-legislators on the content of the Regulation, and provided feedback grounded in its casework.

The AMLA will have direct and indirect supervisory powers over high-risk obliged entities (such as financial institutions, banks and real estate agencies) in the financial sector. Under the terms of the Regulation, the AMLA will share the results of financial intelligence analyses with Eurojust to enable the Agency to exercise its competence. The Regulation envisages the possibility of establishing a general working arrangement between Eurojust and the AMLA and a specific working arrangement to exchange operational and strategic information on money laundering and terrorism financing. These working arrangements would permit the Agency and Authority to post liaison officers at each other’s premises. 

The Regulation on transfer of funds was adopted in May 2023. Traceability of money transfers is a crucial factor in enabling national authorities to effectively prevent, detect and investigate and, where necessary, impose restrictive measures in cases of money laundering and terrorism financing. Adding crypto asset service providers to the scope of the existing Regulation will close loopholes in the financial system that allow criminals to use crypto assets to disguise the origin of illicit funds.

The European Commission’s anti-money laundering package also includes proposals for a new Regulation on anti-money-laundering requirements for the private sector and a new directive on anti-money-laundering mechanisms. Negotiations on both proposals are ongoing.

Asset recovery

Organised crime groups generate substantial profits from various criminal activities, and the proceeds of crime are laundered and re-injected into the legal economy. Depriving criminals of the proceeds of crime is an essential part of disrupting organised crime. Against this backdrop, the confiscation and recovery of criminal assets is a very effective way to fight organised crime. Moreover, confiscation acts as a powerful deterrent by strengthening the notion that ‘crime does not pay’. Eurojust has built up substantial institutional knowledge of solutions and best practices that can significantly improve the effectiveness of investigations, prosecutions and ultimately the recovery of criminal proceeds.

During 2023, the Agency continued to support national authorities, notably in the practical application of the Regulation on Mutual Recognition of Freezing and Confiscation Orders. Some issues addressed in Eurojust’s casework in 2023 concern inter alia the direct applicability of the Regulation, the scope of the Regulation, restitution to victims, exceptional costs and concurrent certificates.

EU Directive on asset recovery and confiscation

In December 2023, the Council and the European Parliament reached a political agreement on the EU Directive on asset recovery and confiscation. The new Directive sets out EU-wide minimum rules on the tracing, identification, freezing, confiscation and management of criminal property. It aims to boost Member States’ capacities to fight organised crime. It will limit the capacity of criminals to maintain and expand their criminal activities, as well as engage in corruption and infiltrate the economy by investing illegal gains. The proposed rules will also cover the violation of restrictive measures, ensuring the effective tracing, freezing, management and confiscation of benefits derived from violating sanctions.

In a first for many Member States, a new rule on the confiscation of unexplained wealth will, under certain conditions, allow the confiscation of property identified in the context of an investigation in relation to criminal offences. This confiscation will be permitted only if a national court is satisfied that the identified property is derived from criminal activities committed within the framework of a criminal organisation, and that those activities have generated substantial economic gains. The agreement pays special attention to procedural safeguards. Member States will also be required to designate authorities (asset management offices) to manage the frozen or confiscated property.

Eurojust was invited by the European Commission to provide input to the proposal of this new Directive, based on its operational casework. This legal instrument will have a significant impact on the Agency’s casework as Eurojust provides support to national authorities in all stages of the asset recovery process, from tracing, freezing and confiscation to recovery.

Corruption

In 2023, Eurojust supported 354 corruption cases, including more than 100 cases newly referred to the Agency during the year. The number of newly opened cases in 2023 increased by almost 30% compared to 2022.

Eurojust continued to support six ongoing JITs related to corruption cases from previous years, as well as two new JITs opened in 2023. The Agency provided its expertise and services to facilitate a series of coordination meetings in support of these cases.

In July 2023, Eurojust presented its corruption casework during an expert hearing on the EU’s anti-corruption legislative framework organised by the European Economic and Social Committee to inform the Committee’s opinion on the current legislative proposal on the Directive on combatting corruption (see below).

EU Directive on combatting corruption

In May 2023, the European Commission tabled a proposal for a Directive on combatting corruption, which represents a milestone in the fight against this crime at the national and EU levels. Eurojust contributed to the proposal, which references the Agency’s important role in countering corruption and cites the Eurojust report on corruption.

The Directive envisages one legal act for all corruption offences and sanctions. The set of measures proposed includes new and strengthened rules criminalising corruption offences and harmonising penalties across the EU. Member States will have to ensure that law enforcement and prosecutors have the appropriate investigative tools to fight corruption and that privileges and immunity can be waived during corruption investigations.

The proposal is part of a wider legislative package from the Commission, including a Communication on the fight against corruption, which establishes a new EU Network Against Corruption, bringing together law enforcement, public authorities, practitioners, civil society and other stakeholders to act as a catalyst for prevention and to develop best practices and practical guidance. Eurojust is a member of the network and participated in its first meeting in Brussels in September 2023 to discuss how to maximise the coherence and impact of European anti-corruption policies. The Commission’s communication highlights Eurojust’s role as being central to fostering cooperation between Member States in the fight against corruption.

Euro counterfeiting

During 2023, Eurojust participated in six operational actions relevant to currency counterfeiting within the EMPACT Operational Action Plan on ‘IP rights crime, counterfeiting of goods and currencies’.

Moreover, in 2023, Eurojust started participating in the work of the Euro Counterfeiting Experts Group – a platform of experts from Member States and relevant EU institutions and agencies set up by the European Commission Directorate-General for Economic and Financial Affairs. For the Agency, the group serves as an important platform to promote Eurojust’s tools and services to help combat euro counterfeiting and to exchange with relevant experts on the latest developments in the field.

In April-May 2023, Eurojust supported a study, at the request of the European Commission Directorate-General for Economic and Financial Affairs, conducted by RAND Europe on movie money, prop copies and other altered design banknotes. The aim of the study was to assess the impact of this phenomenon on the security of the euro and other currencies, also examining the existing judicial approaches and challenges in prosecuting this crime in Member States. Eurojust, through its Contact Point for euro counterfeiting and its National Desks, enabled the study’s research team to reach out to relevant prosecutors and judiciary in selected Member States.

Takedown of fraudulent cryptocurrency network in Bulgaria, Cyprus and Serbia

2021: A criminal network is responsible for setting up call centres that defraud numerous victims in Germany, Switzerland, Austria, Australia and Canada of at least tens of millions of euros. Investigations into the cryptocurrency fraud network operating from Serbia, Bulgaria and Cyprus are launched by the Public Prosecutor’s Office in Stuttgart and the State Office of Criminal Investigations of Baden-Württemberg in Germany.

November 2022: The case is opened at Eurojust. The Agency organises a coordination meeting during which it is decided to establish a JIT between Germany and Serbia to prepare for a joint operation. Eurojust provides judicial, logistical and financial support to the JIT.

January 2023: During a first action day, four call centres and 18 places are searched, and over 250 workplaces are identified in Serbia, Bulgaria, Cyprus and Germany. Fourteen persons are arrested in Serbia and one in Germany. More than 250 persons are interviewed and over 150 computers, various electronic equipment and data back-ups, three cars, two luxury apartments, one million US dollars in cryptocurrencies and EUR 50 000 in cash are seized.

February 2023: Eurojust organises a coordination centre with Germany, Bulgaria, Cyprus and Serbia to facilitate a second joint action day. During the second action day, a further 16 suspects are arrested across Serbia for alleged computer fraud, money laundering and criminal alliance. Sixteen places are additionally searched and at least EUR 130 000 in cash and several cryptocurrency accounts and vehicles are seized.

33 arrests in action against globally active money laundering network

Crime: An organised crime group launders the proceeds from drug trafficking via a global network active in China, Turkey and the United States and elsewhere. The group uses a money laundering service known as the ‘Black Market Peso Exchange’, in which payment for South American drugs are processed through an elaborate trading scheme. Profits from drug sales in Europe are transferred to electronics companies, which use the money to order goods. These goods are shipped to the United States before being transported to Colombia, where they are sold. This enables the South American cartels to receive cash as a veiled payment for the drugs they provide to European markets.

Action: A joint action day against the organised crime group suspected of large-scale money laundering is managed in real time from Eurojust’s dedicated coordination centre.

Result: During the action day, supported by Eurojust and Europol, 31 suspects are arrested in Italy. Two European Arrest Warrants are executed in Spain, with one person being arrested and a second person, already serving a jail term, being notified.

Eurojust's Role: Eurojust assists the investigations by organising three coordination meetings as well as the coordination centre from which the joint operation is led during the action day.