Is online fraud a criminal offence or just a civil matter?
Online fraud is a criminal offence in virtually all jurisdictions, not merely a civil matter — criminals can face imprisonment and fines, though civil remedies and criminal prosecution are separate processes and both may be pursued.
Last reviewed: 10 June 2026
Explanation
Online fraud is prosecuted under criminal law in every major jurisdiction. In the UK, the primary statute is the Fraud Act 2006, which covers fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. Offences carry up to 10 years imprisonment. Computer-facilitated crimes may also fall under the Computer Misuse Act 1990.
In the US, wire fraud, mail fraud, computer fraud, and identity theft each carry their own federal criminal penalties. State-level consumer fraud laws add further layers. The FBI's Internet Crime Complaint Center (IC3) coordinates federal investigation of online fraud.
The criminal justice system and the civil court system operate independently. Police and prosecutors pursue the criminal case (on behalf of the state), while you pursue a civil case (on your own behalf) for compensation. A criminal conviction can help a civil case but is not required for one. Conversely, a civil settlement does not preclude criminal prosecution.
This is general information. Whether a specific incident meets the threshold for criminal prosecution depends on the facts, jurisdiction, and investigative resources. Consult a legal adviser for your specific situation.
Common red flags
- Scammer used false identity or impersonated a legitimate organisation
- Substantial sums were transferred to the fraudster
- Multiple victims were targeted in the same scheme
- Scammer used technology to impersonate or intercept communications
What to do now
- Report the fraud to your national police and fraud authority — this triggers the criminal process
- Obtain a crime reference number to support any civil or insurance claim
- Preserve all digital evidence — do not delete emails, texts, or social media conversations
- Contact your bank to report the fraud and initiate recovery procedures
- Consult a solicitor about parallel civil action if the losses are significant
Frequently asked questions
Will police investigate my case if the amount is small?
Police resources for individual small-value fraud cases are limited, but reporting is still important. Reports contribute to intelligence that helps identify patterns and larger operations. The financial ombudsman, your bank, and civil courts are often more practical routes for recovery of smaller sums.
Can I press criminal charges myself?
In most jurisdictions, criminal charges are brought by the state (police and prosecutors), not by individuals. You report the crime; the authorities decide whether to prosecute. In some countries, private prosecutions are possible but are rare and expensive.