MASAK blockage is a temporary injunction placed on bank accounts by the Financial Crimes Investigation Board within the framework of Law No. 5549 on the Prevention of Laundering of Proceeds of Crime and relevant regulations.
In what cases is a MASAK block placed?
- Detection of transactions related to illegal betting sites
- Suspicious high amount transfers
- Unusual movements through crypto exchange accounts
- Suspicious money transfers originating from abroad
- Suspicion of terrorist financing
- Suspicion of income from predicate crimes such as drugs, prostitution, organ trafficking
Legal Basis
- Article 19 of Law No. 5549: Notification of suspicious transactions
- Regulation art.21-22:Implementation of measures
- TCK Article 282:Laundering of assets resulting from crime
Operation of the Blocking Process
Rights of the Blocked Customer
1. Right to Information
You can find out the reason and duration of the blockage by contacting the bank. The bank may sometimes not be able to provide details because it depends on the permission of MASAK and the prosecutor's office.
2. Application to the Prosecutor's Office
You can submit a refund petition to the relevant prosecutor's office to find out why your account was blocked and to request a refund. In your petition:
- Disclose the legal source of inflows (salary, sales, inheritance, etc.)
- Document (bank statement, contract, invoice)
- Prove that you acquired it legally
3. Objection to the Decision of the Criminal Court of Peace
If a seizure decision has been made, you can appeal to a higher court within 7 days in accordance with CMK Article 268.
Supreme Court and Constitutional Court Approach
The Constitutional Court has emphasized in many individual applications that the MASAK blockage limits the property right, but that this limitation must pass the tests of legality, legitimate purpose and proportionality. If the blocking period becomes unreasonable (e.g. more than 1 year), a property right violation is detected.
Common Scenarios
Blocked from Crypto P2P Transaction
When fraudulent money arrives in the account of the person selling P2P crypto, MASAK may block this account. For detailed analysis, see Blocking from P2P Crypto Transaction article.
Blocked in Connection with Illegal Betting
When it is determined that the money entering the account originates from an illegal betting site, MASAK is blocked. Proof of legal source is critical.
International Transfer Suspicion
High amounts coming from certain countries automatically lead to suspicious transaction reporting.
Lawyer Support
MASAK processes are a technical (informatics, finance, criminal) field. Managing the process with a lawyer specialized in IT and finance law significantly increases the possibility of refund.