Capital investment fraud under § 264a StGB covers false statements that present an investment favourably, or the concealment of unfavourable facts, made to a larger group of investors when marketing securities or comparable investments — typically in prospectuses, presentations or written summaries.
The provision is broader than ordinary fraud in one important respect: it does not require that anyone actually suffered a loss. The offence is complete once the misleading statement has been made to the relevant audience, which makes it available where the causal chain to an individual investor is hard to prove.
Why it matters to you
Where an investment was sold using polished documents containing untrue claims, this provision may apply alongside § 263 StGB. It can also support civil claims, since it operates as a protective statute. Our investment fraud page sets out how the criminal and civil routes interact.
BaFin warning list
Public warnings from the German financial supervisor about providers operating without the licence required by § 32 KWG.
Chargeback
Reversal of a card payment through the issuing bank — when it comes into consideration after fraud and which limits apply.
Investment fraud
Deceiving investors about a capital investment in order to obtain payments — punishable as fraud under § 263 StGB.