One of the frequently encountered cases recently; It is the transfer of money to a person's own bank account without his/her knowledge, and then the account is frozen by MASAK or an investigation is initiated against him/her with a complaint of fraud. In practice, this situation is called "IBAN victimization". The person who is the victim often realizes the incident too late and becomes aware of the legal risk only with a letter from the bank or the prosecutor's office.
In this article, the steps that victims should take are discussed within the framework of general legislation. The conditions of each file are different; The following information is a general guide and the legal process specific to the concrete file can only be evaluated by your lawyer.
What is IBAN Victimization? Typical Scenarios
- An EFT/money transfer to your account from a person you do not know and it is logged out on the same day/within a short period of time
- A transaction has been made without your knowledge and consent after you shared your account information with the promise of "job posting" or "making money" online
- Being a tool for fraud traffic after someone from your close circle (friend, relative, acquaintance) wants to use your account temporarily
- Unauthorized use of your account through mobile phone sim card multiplexing (sim swap) or theft of bank passwords
- Showing a "joint account" for investment, crypto exchange or betting transactions
- Your identity information is stolen and an account is opened in your name and this account is subject to illegal transactions
Legal Risk Areas
Even if you are a victim of IBAN, in the concrete case the "victim" aspect and the "suspect" aspect may be intertwined. The main legal risks you may encounter:
- MASAK blockage — Account freezing due to suspicious transactions within the scope of Law No. 5549
- Summoned for questioning as a suspect by the Public Prosecutor's Office — Allegations of participation in TCK Article 158 (qualified fraud) or TCK Article 282 (laundering proceeds of crime)
- Decision to confiscate the account — During investigation or after prosecution within the scope of CMK Article 128
- Private law claims of victims of fraud against the account owner (tort compensation)
- Closing the account by the bank and making it difficult to open an account in other banks
First Step: Application to the Bank
As soon as unauthorized operation is detected:
Second Step: Criminal Report
Make a written complaint to the Office of the Chief Public Prosecutor. In your petition:
- Describe the event chronologically (date, time, amount)
- Show all transactions made to your account in a tabular form
- Add bank documents, SMS/e-mail correspondence, information regarding the identity of the suspect (social media account, phone number, IBAN), if any
- Clearly state that you are applying as a victim
Make sure to keep a copy of the criminal complaint petition referred to the Office of the Chief Public Prosecutor; It can be used in your defense in the future.
Third Step: If MASAK Blockage Arrives
If your account has been frozen by the Financial Crimes Investigation Board (MASAK):
- The blocking decision is generally given in accordance with Article 19/A of Law No. 5549; The period is determined by law and can be extended.
- Not directly against the MASAK decision; It is open to object to the seizure decision before the relevant criminal judgeship of peace or high criminal court.
- A written application can be made to MASAK for unblocking request; However, strong evidence and legal justification are required.
- The blocking process may take longer; Hasty applications may create additional legal risks. Therefore, it is recommended to seek expert legal support.
Important: During the unblocking process, we recommend that you do not rely on promises such as "The blockage is guaranteed to be removed". The outcome depends entirely on the evidence status of the file and the discretion of the prosecutor's office and the court. For details on the subject, you can look at our relevant criminal law contents.
Step Four: Statement as Suspicious
If an investigation has been opened against you and you are being summoned to testify:
- We recommend that you do not testify without a defense attorney (lawyer). Appointment of a defense attorney may be requested in accordance with CMK article 150.
- Determine a strategy with your lawyer before the deposition; Which questions will come in which order can be predicted in advance.
- Keep ready all the documents you have regarding the inflow/outflow of money into your account (bank correspondence, messages, phone call transcripts).
- It is essential that you convey the truth in your statement; Incomplete or misleading declaration may negatively affect the course of the file.
Legal Process Summary
İBAN grievance files mostly run on these three parallel lines:
Frequently Asked Questions
I didn't ask for money to come into my account, will I be held responsible?
In order to prove that you are a victim, it is important that you report and return the money to the bank as soon as you see it, file a criminal complaint with the prosecutor's office, and demonstrate active good faith. Otherwise, you may face the allegation of "participating in the benefit despite your ignorance". However, the course of each file is unique; The result cannot be considered certain.
I unknowingly let someone I know use an account, what happens?
The legal definition of the act of "making account available" may be different; participation (TCK Art. 37 et seq.), aiding (Art. 39), money laundering (Art. 282) or neither (victim status). The level of information, the frequency of account activity and the benefit you receive are decisive. For details, see our article Account Rental / IBAN Utilization Crimes.
How long does MASAK blockage last?
It is given within the period stipulated in Law No. 5549; Extension of the periods is possible by court decision. In practice, it may vary from a few weeks to a few months; This period may extend depending on the characteristics of the file.
Will my money be refunded?
Recovery of the amount that constitutes an unauthorized transaction; It varies depending on the bank chargeback process, detection of proceeds of crime and detection of the fraudster. There are ways provided in the legislation; Howeverrecovery cannot be guaranteed. The result is file specific.
My identity was stolen, the account was opened in my name. How do I prove it?
The process is managed with evidence such as the loss/stolen notification of your ID card, criminal complaint to the prosecutor's office, written bank objection, ID photo and contract opening images at the bank (may be requested by the bank). The forensic report can also be decisive in some files.