Fake carrier – A Growing Threat in the TSL Sector

Fraudulent activity in the transport, shipping, and logistics (TSL) industry has been a serious and ongoing issue for years. The most common schemes involve cargo fraud — scammers deceive producers and trading companies, extract transportation services from forwarders and carriers, or fraudulently obtain shipment orders only to steal the entrusted goods.

The first two types of fraud (i.e. deceiving producers/traders and defrauding freight services from forwarders or carriers) will be discussed in detail in future blog posts. This article focuses on the risks associated with fake carriers — fraudulent actors who receive cargo under the pretense of being legitimate carriers, only to disappear with the goods.

Why Is the Risk Growing?

The risk posed by fake carriers continues to grow year by year, resulting in a dramatic increase in financial losses — mostly affecting freight forwarders, who act as contractual carriers in nearly all such cases. Losses are often measured in hundreds of thousands of PLN or EUR. Each year, total damages reach tens of millions of PLN, and across Europe, the losses can exceed tens of millions of euros.

One key factor driving the scale of these damages is the increasing value of goods being shipped. At the same time, producers and traders seek cost-saving measures and often attempt to ship as much as possible in a single load — leading to goods being stacked (double-stacked pallets, etc.).

Example Scenario

Let’s consider a simplified case. A producer prepares goods for transport, placing cargo worth €5,000 on each pallet. The producer contracts freight forwarder X to arrange the transport. Forwarder X, acting as the contractual carrier, passes the order to individuals falsely posing as carrier A. These individuals arrive for pickup, take the cargo — and disappear without delivering it. The goods are never recovered.

• If the cargo included 33 pallets, forwarder X could be liable for €165,000.
• If the cargo was stackable, and 66 pallets were loaded, liability could reach €330,000.

Why Is Forwarder X Liable?

By signing a transport agreement with the client, forwarder X acts as a contractual carrier, regardless of:

• Whether it holds a valid transport license,
• Whether it has appropriate insurance (carrier liability or forwarder liability extended to contractual carriage),
• Whether it owns vehicles.

This eliminates the ability to invoke the forwarder’s exemption from liability under Article 799 of the Polish Civil Code. In cross-border transport, Article 3 of the CMR Convention applies:

“The carrier shall be liable for the acts and omissions of his agents and servants and of all other persons of whose services he makes use for the performance of the carriage, when such agents, servants or other persons are acting within the scope of their employment.”

Case Law Supports Full Liability

Judicial rulings confirm that contractual carriers are fully liable in such scenarios — without the benefit of limited liability under Article 23(3) of the CMR Convention. For instance, the Court of Appeal in Katowice (Judgment dated 27.01.2021, ref. no. V AGa 254/19) ruled:

“For the assessment of carrier liability, it is irrelevant whether the subcontractor followed or violated instructions. Theft of cargo by a subcontractor negates the carrier’s right to exclusions under Article 17(2) of the CMR. This is considered an act within the scope of employment, not incidental. Theft by a subcontractor therefore triggers the carrier’s liability under Article 3 of the CMR Convention.”

What Goods Are Targeted by Fraudsters?

Fake carriers will steal virtually any cargo — even if they are not told the contents in advance. In many cases, they operate based on ZIP codes, assuming that pickups from certain towns are likely to come from specific companies. For example, they may target loads in Żyrardów or Mława, hoping to receive TV shipments from well-known electronics producers.

Fraudsters steal not only electronics, but also:

• Fresh/frozen food (e.g. meat, fish),
• Clothing and footwear,
• Metals,
• Solar panels,
• Toys,
• And many other types of goods.

Real-World Examples of Losses (Selected Cases)

(This is just a sample. Full list available in the original post.)

The average loss per shipment, based on these examples, is approximately 622,625 PLN.

A Dangerous Trend

When we combine the increasing activity of scammers with the growing value of transported goods, we’re left with a dangerous mix — one that can result in significant financial harm for freight forwarders who fall victim to fake carriers.

How BtrustUP.eu Helps

BtrustUP.eu was developed in response to these growing risks. It is a tool designed to reduce the chances of partnering with fraudulent companies — whether they act as clients (to defraud services) or as carriers/subcontractors (to steal shipments).

Stay tuned — upcoming posts will cover:

• Methods used by scammers (fraudulent orders, fake carriers, identity theft),
• How Polish insurers handle claims related to fake carriers,
• Practical tips for verifying potential partners.