One of the most common consequences for sellers who make P2P crypto transactions and have fraudulent money entered into their accounts is MASAK block. blocked; It means temporary/permanent access restriction on your bank account and deeply affects both your cash flow and legal position. This article discusses the defensive strategy for merchants facing P2P blocking.
Reminder: The article is for informational purposes only. The blocking period, the outcome of the objection and the possibility of unblocking are specific to the file and are at the discretion of the judge. No definitive results are promised.
What is MASAK Blockage?
MASAK (Financial Crimes Investigation Board) is a board established within the scope of Law No. 5549 on the Prevention of Laundering Proceeds of Crime. Banks, crypto asset service providers, insurers and other obliged parties are obliged to notify MASAK when they detect suspicious transactions.
Various articles of Law No. 5549 stipulate temporary suspension and seizure powers regarding suspicious transactions. Blocking decisions made by judicial decision may continue for months by extending the periods in case of concrete suspicion of crime.
How Does the P2P Blocking Process Work?
Legal Nature of the Blocking Decision
Blocked; It is typically a seizure decision given by the criminal judge of peace upon the request of the public prosecutor (CMK art. 128 and special law provisions). In some cases, it is implemented immediately with the written order of the public prosecutor and then submitted to the judge for approval.
The blocking decision is a temporary legal measure; If, as a result of the investigation, it is decided that there is no need for prosecution or you are acquitted at the end of the prosecution, the blockade will be lifted and the money will be refunded. Unfortunately, the process may take longer; It may last for months, sometimes years.
How to Object to Blocking Decision
An objection is open against the confiscation decision in accordance with CMK Article 128/9. The objection period is 7 days from the notification or learning of the decision (CMK article 268).
Appeal Authority
- The objection against the decision of the criminal judge of peace is decided by another criminal judge of peace .
- Objections against decisions made by the first instance or high criminal court are reviewed by a higher court.
Things to be emphasized in the Objection Petition
- The inflow of money into the account was due to P2P crypto transaction
- In return crypto assets are transferred to the recipient (insert blockchain hash)
- Internal exchange correspondence, KYC information
- Documents supporting your good faith
- The measure is disproportionate (Constitution Art.13 principle of proportionality) where your source of income depends on this account
- Return of money to the original victim is possible through other means
Three Basic Lines of Defense Strategy
Line 1 — Proof of Good Faith in the Criminal Process
- Full submission of P2P transaction documentation
- Adding the KYC and transaction information sent by the exchange with the help of the judiciary to the file
- Extracts/reports showing that your previous transaction history is organized and transparent
- Documents showing that you immediately notify the bank when suspicious is seen
- Providing technical evidence that you have no connection with the actual victim (you have not met him, IP/device/location incompatibility)
Line 2 — In Administrative Process (Communication with MASAK)
- Explanation of the situation by written application to MASAK within the framework of Law No. 5549
- Presenting all information and documents regarding the suspicious transaction
- Application to keep the blocking period reasonable
Line 3 — Private Law Processes
- In case the actual defrauded victim claims compensation against you, defending to find the real perpetrator and direct the hostility to the right people
- Evaluation of applying against the bank, alleging that the bank has carried out a transaction contrary to its duty of care
- Evaluation of applying against the exchange operating in Türkiye, alleging violation of user protection obligations (Consumer Arbitration Committee or Consumer Court)
Process Duration and Expectations
MASAK blocked processes originating from P2P can see the following times in the application:
- First blocking decision: Made within a few days.
- First objection result: Can be received within 1-4 weeks.
- Completion of the investigation: May vary between 3-12 months.
- Decision of non-prosecution or initiation of prosecution:After investigation
- If prosecution is initiated, completion of the trial: It may be 1-3 years; The appeal/appeal stages may take longer.
The length of the blocking period creates serious problems in terms of the victim's cash flow. For this reason, it is of great importance to use the objection method immediately and to make an administrative application in parallel.
Things to Consider During the Expression Stage
Frequently Encountered Legal Questions
Can I use another account during the blocking period?
The blocking decision is usually applied to a specific account. Your other accounts may not be affected. However, the bank may review the overall relationship against you; Your other accounts may also be examined. If there is a comprehensive blocking decision, T.R. The identity can be applied to all linked accounts.
Will my money be refunded if it is blocked?
If the blockage is lifted as a result of the investigation/prosecution, it may be possible for the money to be returned to you. However, if the actual defrauded victim also has a claim, an evaluation can be made regarding the sharing of the money. The result is file specific.
How long can the blocking period last?
The initial period foreseen in Law No. 5549 is limited; However, it can be extended by judicial decision. He/she may remain for the duration of the investigation; In cases of weakness of concrete evidence, the objection may be successful. Duration is file specific and cannot be predicted with a guarantee.
What can I do if the objection is rejected?
Against a rejected objection, a re-objection may also be open due to concrete new evidence or changing circumstances. Additionally, as the investigation progresses, your objection may be renewed in the light of new developments. Individual application to the Constitutional Court may be possible after exhausting domestic remedies, alleging violation of property rights or the right to a fair trial.
Can I claim compensation?
When the investigation concludes with a decision that there is no need for prosecution or you are acquitted, you can request material and moral compensation from the state within the scope of CMK Article 141. The period is 3 months from the finalization of the decision, and in any case 1 year from the act. For detailed information, you can see our article CMK art.100 - Reasons and Conditions of Arrest.
Psychological and Financial Management of the Blocking Process
Since the blocking process can be prolonged, it may cause serious problems in the normal flow of life. Practical advice:
- Communicate openly with family/close circle about the status of the process; Trying to keep it secret creates additional psychological burden.
- Plan to continue your bank loans/subscription payments through other channels.
- Coordinate with your financial advisor on tax and other declarations.
- Schedule regular meetings with your lawyer; Stay informed at every stage of the process.
- No matter how unfair the process may seem, the healthiest approach is to use legal means patiently; Angry/hasty decisions (e.g. transferring money to another account, posting on social media) may weaken your legal position.
Conclusion
MASAK blockage caused by P2P crypto transaction; It is a process that has technical, legal and financial dimensions and requires patience and expert support. Using the objection route, protecting your documents meticulously, working with a lawyer from the statement stage and carrying out criminal-administrative-private law lines in parallel are the factors that increase the chance of success. However, definite results cannot be promised; Each file is evaluated individually and the judge's discretion is decisive.
For related topics: Legal Situation of the Seller Who Received Fraudulent Money in His Account from Crypto P2P Transaction · Good Faith Proof and Preventive Measures in P2P Crypto Transaction · What Should You Do If You Have Became a Victim of IBAN?