Fraud in the transport sector has both economic and legal dimensions. It is not limited to a single fraudulent contract. It is a systemic phenomenon that blurs responsibility, enables circumvention of regulations, facilitates tax fraud, and allows price dumping through shell entities. Defending against this requires three interconnected measures: thorough due diligence, precise contract clauses, and readiness for administrative and criminal action. This article focuses on practical warning signs, control obligations, and a set of legal-operational tools that work in practice.

How to Recognize a “Shell Carrier” – Warning Signs

A “shell” is usually a formal carrier without a real operational organization behind it. Common red flags include:

• No fleet or a very small fleet (or a fleet inconsistent with declared scale of operations)
• Registered address in a virtual office
• Low share capital
• Frequent changes of ownership or management
• Acquisition of companies “from the market”
• Lack of financial statements
• Records of bankruptcy or failed enforcement proceedings
• Missing valid licenses and OCP/OCS insurance policies
• Inactive VAT status
• Information about restructuring proceedings

At the operational level, warning signs include unusual communication patterns (contact only via unofficial messengers), discrepancies in telematics data versus declarations, and similar inconsistencies.

Special caution is needed for:

• Spot partners with no prior business relationship, especially companies registered in jurisdictions with low legal transparency
• Peak-season operations, such as in December, when most frauds and cargo thefts occur

Verification – What to Check and How

Effective verification consists of several stages and uses both private and publicly available registers. On a formal level, check:

• KRS or CEIDG (company existence, management, financial statements) or equivalent foreign registers
• VIES (EU VAT status)
• KRZ (debts)
• CRBR (register of beneficial owners)
• KREPTD/GITD (transport licenses and permits)
• BDO (for waste transport)

Practical tools include Google Maps (verify office addresses), reference calls with previous clients, checking OCP policies and proof of payment, verifying ADR licenses and material safety data sheets, and cross-checking KREPTF data. Good due diligence also includes telematics verification (ensuring vehicles actually operate as declared) and checking that emails and contact numbers match exactly (even one character difference in an email can indicate impersonation).

In practice:

• Do not accept partners based solely on email or WhatsApp messages
• Prefer transport marketplace messengers or official channels
• Require supporting documents and verify identity by phone or video call
• High-value orders should not be given to a newly acquired partner without full verification

Operational Procedures – Immediate Steps When Suspicion Arises

If fraud is suspected, action must be swift and organized:

• Stop further order execution
• Block payments until clarification
• Request immediate documentation and explanations

If verification confirms suspicion, the next step is cooperation with relevant authorities. In cases of criminal activity (document forgery, participation in organized crime, smuggling), the case must be reported to the police or prosecutor. Evidence collected by the company (emails, photos, telematics data, contracts) is crucial for initiating effective proceedings. A practical measure is also reporting the case to the security departments of transport marketplaces.

Author: Ewa Sławińska-Ziaja
Legal Counsel at Trans Lawyers

www.translawyers.eu