The most common social engineering pattern in recent years; People who introduce themselves as police, prosecutor, judge, MASAK expert, bank security unit or cyber crimes bureau chief reach the victim by phone and direct them by saying "your account is subject to an investigation, your money is at risk, you need to transfer it to a secure account immediately." The victim transfers the money to the IBAN given by the fraudster via high-amount EFT/money transfer in a short time; Then the phone turns off.
In this article, the legal process of the victim who encounters such a scenario is summarized within the framework of general legislation. The conditions of each file are different; Definitive results cannot be promised.
Legal Characterization
The act may fall within the scope of TCK no. 5237 article 158/1-l: Fraud by "a person introducing himself as a public official or an employee of a bank, insurance or credit institution, or saying that he is associated with these institutions and organizations." The penalty range foreseen in the legislation for this qualified situation has been significantly aggravated. In addition, clause 1-f of the same article (use of information systems/banks or credit institutions as tools) is often applied together.
First Hours — If Money Is Still in the Counter Account
What to Include in a Criminal Complaint Petition
- Chronology of the event (date, hour, minute)
- The number that made the call (if available) and the name/title you heard
- IBAN where the transfer was made, recipient name-surname information (seen on the bank receipt)
- The amount you transferred and how many separate transactions it was sent through
- Screenshots of SMS, WhatsApp, e-mail correspondence
- Identity information if there is a witness
Legal Remedies for Repayment
Recovery; It depends on the speed of detection, whether the money remains in the same account, whether the IBAN owner is the "account renter" victim or the perpetrator, and whether the MASAK / criminal judgeship of peace seizure decisions are made in a timely manner. It is recommended to execute the following paths in parallel:
- CCP art.128 seizure request before the Office of the Chief Public Prosecutor
- Injunction before the civil court HMK Article 389
- If the perpetrator is detected, tort compensation lawsuit within the scope of Article 49 of the Turkish Code of Obligations
- A lawsuit against the bank in consumer court for alleged breach of duty of care (where appropriate)
"It happened to me too, what should I do?" — If Money Still Not Transferred
If you are suspicious even while the phone call is in progress: hang up the call, call your own bank directly from the number on the back of the card, confirm via 155 if the "police-prosecutor" is real. No official institution will ask you to transfer the money to another account
Frequently Asked Questions
Can the opposite IBAN owner also be a victim?
Yes; A person who has fallen into the "account rental" trap and had his account used temporarily may also be involved in the investigation as a suspect. The distinction between victim and suspect becomes clear as the investigation progresses.
What happens if the money is transferred to more than one account?
Usually, fraudsters quickly convert the money into cash from 2-3 accounts to another bank, crypto exchange or ATM. A separate seizure order is required for each account; If the process is not completed within hours most of the time, the collection rate decreases.
Will my insurance cover it?
"Cyber fraud" insurance for individual accounts is rare; Most policies cover unauthorized card transactions but do not pay for voluntary EFT/money transfers. Carefully examine the "social engineering" exception in your policy text.
Conclusion
Time is the critical factor in police/prosecutor/MASAK number fraud. Bank objections, criminal complaints, precautionary measures and seizure requests carried out in parallel in the first hours increase the probability of collection; but the result is file specific and cannot be guaranteed. It is recommended that you seek expert legal support from the beginning of the process.