Wire transfer scam: the courts confirm that a victim can be forced to pay a bill a second time

The Court of Cassation has issued a ruling that could have significant consequences for both businesses and individuals who are victims of bank transfer fraud. In a judgment dated June 17, 2026, the highest court ruled that a debtor who has paid an invoice into the bank account of a fraudster may, under certain circumstances, be compelled to pay the same amount a second time to the legitimate creditor.

The case involved a company tasked with supplying a ship with diesel fuel during a stopover in Marseille. After delivery, the client paid the invoice received through the intermediary. However, the document was fraudulent: a scammer had impersonated the supplier by using an email address almost identical to their own, differing by only one letter, and replacing the genuine bank details with an IBAN belonging to an Irish company.

The usurper is not an "apparent creditor"

On appeal, the judges held that the client could have believed in good faith that he was paying his actual supplier. They relied on Article 1342-3 of the Civil Code, which stipulates that a payment made to an "apparent creditor" can be considered valid when the debtor acts in good faith.

The Court of Cassation, however, adopted a stricter interpretation. According to the Court, an individual who fraudulently impersonates a creditor cannot under any circumstances be considered an "apparent creditor." Therefore, the payment made to the fraudster does not release the debtor from their obligation to the true creditor, who retains the right to demand payment of the invoice. The case has been referred to another court of appeal, which will have to rehear the case taking this interpretation into account.

This decision underscores the importance of carefully verifying bank details on invoices, especially when an IBAN change is communicated by email. Fraudulent bank account details (RIB) scams have been on the rise for several years and can now have particularly serious consequences: beyond the financial loss resulting from the fraud, the victim may be legally obligated to pay the same debt a second time to the legitimate supplier.