Fake investment sites are one of the most common types of digital fraud. The pattern is generally this: social media advertising, "expert analyst" WhatsApp group, small return payment at the beginning (trust building), then when a large amount is deposited, the withdrawal is blocked for reasons such as "tax", "commission", "short sale margin". After a while, the site and telegram groups will be closed.
In this article, the legal remedies to be followed in case of a victim are discussed within the framework of general legislation. Recovery is not guaranteed; The result depends on the concrete conditions of the file.
Legal Characterization
The act is typically within the scope of TCK art.158/1-f (fraud by using information systems / banks or credit institutions as a tool). In addition, unauthorized intermediation contrary to CMB legislation (Certificate of Capital Markets Law No. 6362 Art. 106) and suspicious transaction size within the scope of Law No. 5549 can be evaluated together in the file.
Steps to Take in the First 24 Hours
Bank Chargeback and Consumer Path
If you paid by card; chargeback procedure of the card scheme (Visa, Mastercard may help. There is no chargeback for payments made by EFT/money transfer; However, if the bank has not given a pre-transaction warning for clearly risky buyer IBANs, within the scope of its duty of care, a defective service claim may be raised in the consumer court.
Overseas Dimension
Fake investment sites are mostly off-shore in nature. The money is usually transferred to an account or crypto wallet abroad. In this case:
- Interpol notification can be made through the prosecutor's office
- Judicial assistance requested for KYC information to crypto exchanges
- For stablecoins like Tether, a freezing request from the issuer can be attempted
- Collection time is extended; full refund is not guaranteed
Collective Victimization - Fellowship
If many people have been victimized by the same fake site, a friendship can be established within the scope of HMK Article 59; Costs are shared with the joint expert report and joint defense. Since the probability of identifying the perpetrator and public pressure increases in mass files, the result may be faster compared to individual files.
The "I can't withdraw money, pay taxes" Trap
When the victim wants to withdraw the balance supposedly earned, the perpetrator says "first deposit XX% tax/commission/margin." This is the classic fake blocking trap to extract additional amounts. Never make additional payments; At this point, take legal action.
Preventive Recommendations
Conclusion
Being victimized by fake investment sites often results in partial collection; full collection is exceptional. The result may be more favorable when interim measures, MASAK / criminal judgeship of peace seizure, bank chargeback and litigation are carried out in parallel. The process has a technical and international dimension; Expert legal support is recommended.