Supplier took payment but didn't deliver? Learn how Chinese lawyers distinguish civil disputes from contract fraud, when to file a police report, and why supplier due diligence in China matters before you pay.
Tags:- China Supplier Fraud
- Contract Fraud China
- Supplier Due Diligence
- Foreign Buyers China
- Civil Dispute vs Fraud
A Chinese supplier has taken your money and not delivered the goods. Is this an ordinary commercial dispute or criminal fraud?
There is no standard answer. In Chinese legal practice, the line between a commercial dispute and an economic crime is often less clear than foreign buyers expect. The key question is the supplier's intent when it took the money, and the nature of its subsequent conduct. That judgment must be made by experienced Chinese lawyers based on specific evidence.
1. Do Not Rush to Call a Trade Dispute Fraud
Many foreign buyers, when faced with a supplier's breach, immediately conclude "I've been scammed" and rush to file a police report. In reality, the vast majority of non-delivery cases are civil disputes, not criminal matters.
A factory short of cash, production delays, rising raw material costs, or substandard goods can all cause late delivery or a failed transaction—but none of these, standing alone, constitutes fraud. If the evidence does not show that the supplier intended to illegally appropriate the money from the start, the police will usually not open a criminal case and will instead direct the party to civil litigation or arbitration.
2. But If Fraud Is Suspected, Act Immediately
What kinds of circumstances may constitute criminal fraud? For example: the supplier collects full payment but forwards only a small portion to the factory while retaining most of the funds; it provides false production and shipment updates for months; it goes silent, transfers assets, or deregisters the company after being chased; or it never had real production capacity and obtained orders through forged qualifications and factory photos.
These acts go beyond ordinary breach of contract and may constitute the crime of contract fraud under Chinese criminal law. Once such signs appear, time is critical. Evidence can be deleted, funds transferred, companies deregistered, and people can disappear. By then, the chances of recovery drop dramatically.
3. The Most Important Step Is Due Diligence Beforehand
Many fraud cases happen because the buyer never verified the other party's true identity before paying. The company receiving the money is not necessarily the one making the goods; a warm reception and impressive factory photos do not prove a factory exists; an English invoice and a contract do not prove the counterparty has the ability to perform.
Proper due diligence should confirm the counterparty's exact registered Chinese name, actual controller, business scope, real factory address, and production capacity—and verify that the entity receiving payment matches the entity signing the contract. If an intermediary is involved, the relationship between the intermediary and the factory must be clarified, to avoid paying money to a shell company with neither production capacity nor assets worth pursuing.
This work costs little before payment. After a problem arises, it is often too late.
4. How We Can Help
We can assist you with supplier due diligence in China—verifying company identity, shareholding structure, operating status, and actual production capacity—to help you identify risks before payment. If a dispute has already arisen, we can help to assess the nature of the case, evaluate whether to pursue civil litigation, arbitration, or a criminal report to public security authorities, and help chart the next steps.