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20 February 2026 / Paul Schwartfeger , Nadia Latti
Issue: 8150 / Categories: Features , Fraud , Criminal , Crypto , Cybercrime
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Stealing virtual gold

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Game on for fraudsters? Paul Schwartfeger & Nadia Latti consider civil fraud in platform-controlled digital assets

  • Platform-controlled digital assets can generate real value, real fraud and real losses—yet they often sit beyond the reach of orthodox proprietary remedies, even as the courts begin to recognise their functional reality.
  • This article considers the legislation, case law and scope for remedies.

If someone gains access to your gaming account and steals a unique, legendary item, you have plainly lost something of value. That item might have taken you hundreds of hours to acquire. It may have cost real money upfront or formed part of a limited release whose value later spiked. It might be irreplaceable or, in exceptional cases, saleable for a substantial sum on the platform or a third-party marketplace, as the sale of a Counter-Strike 2 virtual weapon for more than $1m shows. Yet, if the matter reaches court, an awkward question may arise: have you lost any ‘property’ of value at all?

Modern online games and other digital platforms often contain vast internal economies. How

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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