Fake Bank Guarantee Used in a Turkish Commercial Transaction: Criminal Remedies for Foreign Companies (2026 Updated Guide)

A foreign company receives a fake bank guarantee in a Turkish commercial transaction. Learn about fraud complaints, forged documents, evidence preservation, asset tracing, precautionary measures and recovery options in Turkey.

A foreign company entering into a commercial transaction in Turkey may rely on a bank guarantee as security for payment, performance, advance payments, construction obligations, supply contracts or another substantial commercial obligation. A particularly serious problem arises when the supposed bank guarantee turns out to be forged, altered, cancelled, unauthorized or never issued by the named bank at all. What initially appears to be a contractual default may then develop into a criminal investigation involving suspected fraud, document forgery, electronic communications, money transfers and potentially several individuals or companies.

For the foreign company, speed is critical. The priority should be to verify the guarantee directly through reliable channels, preserve the original document and electronic evidence, identify where the money or goods went, file an appropriately documented criminal complaint where justified and simultaneously evaluate civil and commercial measures designed to preserve recoverable assets.

What Is a Fake Bank Guarantee?

A fake guarantee can take several forms. The document may be entirely fabricated, may use the name or logo of a genuine bank without authorization, may contain forged signatures, may have been altered after genuine issuance or may misrepresent the amount, beneficiary, validity period or underlying transaction.

There can also be situations in which a genuine-looking document was issued through an unauthorized person or where an authentic guarantee is falsely represented as covering a transaction that it does not actually secure.

The exact factual scenario must therefore be established before criminal allegations are formulated.

Verify the Guarantee Immediately

The foreign company should first determine whether the guarantee genuinely exists.

Verification should be conducted through reliable bank channels rather than through the counterparty, broker or intermediary that originally supplied the document.

The company should preserve evidence showing when verification was requested and what response was received.

Do Not Rely Only on a PDF Copy

Modern commercial fraud frequently involves convincing digital documents. Logos, signatures, stamps and reference numbers can be reproduced easily.

A professionally prepared PDF does not establish that the issuing bank actually created the guarantee.

Preserve the Original Guarantee

If a physical document was delivered, preserve it in its original condition.

Do not write on it, alter it or unnecessarily handle it. The original may later become important for forensic examination.

Preserve the Electronic Version

Keep the original email and attachment rather than only printing the document.

Email headers, attachment metadata, sending accounts and transmission history may become relevant when investigators reconstruct how the fraudulent document was delivered.

Preserve WhatsApp and Other Messages

Messages concerning negotiation of the guarantee can be important evidence.

Preserve communications discussing the issuing bank, guarantee amount, validity, verification, transaction conditions and representations made by the suspected parties.

Screenshots can be useful, but the underlying electronic records should also be preserved where possible.

Could a Fake Bank Guarantee Constitute Fraud?

Potentially. Where a false guarantee is deliberately used to deceive a company into transferring money, delivering goods, making an advance payment or entering into another economically harmful transaction, fraud-related criminal liability may arise depending on the facts.

The prosecution will examine the alleged deception, intent, resulting benefit and financial loss.

Forgery Offenses May Also Become Relevant

A fabricated or altered guarantee may raise separate questions concerning document forgery.

The precise criminal characterization depends on the nature of the document, how it was created and how it was used.

Fraud and Forgery Can Be Investigated Together

The same commercial scheme may potentially involve more than one alleged offense.

For example, a forged guarantee may allegedly be created and then used as the instrument through which the foreign company is induced to release goods or money.

The criminal complaint should therefore describe the factual sequence rather than attempting to force every event into a single legal label.

Identify Who Supplied the Guarantee

Determine exactly who sent, delivered or presented the document.

Was it the contractual counterparty, company director, employee, consultant, broker, intermediary or another person?

Preserve evidence connecting the individual to the document.

Identify Who Made the Representations

The person who physically sends the guarantee may not be the person who designed the alleged scheme.

Review meetings, emails, telephone communications and messages to identify who represented that the guarantee was genuine.

Company Directors May Be Investigated

Where a Turkish company used the alleged fake guarantee, investigators may examine the role of its directors and authorized representatives.

However, managerial status alone should not automatically establish individual criminal responsibility. The evidence should demonstrate the person’s actual conduct, knowledge and intent.

Employees Are Not Automatically Criminally Responsible

An employee who forwarded a document without knowing it was false presents a different factual situation from someone who knowingly created or used a forged guarantee.

Individual responsibility should be assessed separately.

The Named Bank Should Be Contacted

The bank’s confirmation that it did not issue the guarantee can become highly significant evidence.

The company should seek clear documentation concerning whether the reference number exists, whether the purported signatories were authorized and whether the guarantee corresponds to the bank’s records.

What If the Bank Guarantee Was Genuine but Altered?

The original terms should be compared with the disputed version.

Changes to the amount, beneficiary, expiry date or other material terms should be documented precisely.

Investigators may need to determine when and by whom the alteration occurred.

Preserve the Underlying Commercial Contract

The supply, construction, investment, share-purchase or other commercial agreement provides essential context.

Investigators need to understand why the guarantee was required and what the foreign company did in reliance on it.

Preserve Payment Records

If the foreign company transferred money because it believed the guarantee was genuine, preserve bank instructions, SWIFT records, account information and payment confirmations.

The destination of the funds can become central to the investigation.

Preserve Delivery Evidence

If goods were supplied rather than money transferred, keep invoices, customs declarations, bills of lading, delivery records and warehouse documentation.

These materials help establish the economic loss allegedly resulting from the deception.

File a Criminal Complaint With a Structured Evidence File

Where the available facts reasonably indicate criminal conduct, the foreign company can consider submitting a criminal complaint to the competent Turkish authorities.

The complaint should provide a clear chronology rather than an unstructured collection of documents.

The Timeline Is Critical

The evidence file should identify when negotiations began, when the guarantee was requested, when it was delivered, what representations were made, what money or goods were transferred, when the guarantee was discovered to be problematic and what happened afterward.

A detailed chronology can substantially improve the clarity of a complex commercial fraud complaint.

Ask for Electronic Evidence to Be Preserved

Where communications, bank accounts or digital systems may contain relevant evidence, early preservation can be important.

Digital evidence can disappear as accounts are closed, devices are replaced or records become more difficult to retrieve.

Bank Account Evidence May Reveal the Money Trail

Investigators may examine where the victim’s money was transferred and whether it was rapidly moved to other accounts.

Multiple transfers shortly after receipt can become relevant to tracing the proceeds.

Third-Party Accounts Should Be Investigated Carefully

Fraud proceeds may allegedly be routed through accounts belonging to other companies or individuals.

However, receiving money does not by itself prove participation in fraud. Knowledge and involvement must be assessed according to the evidence.

Asset Preservation May Become Urgent

A criminal complaint alone does not guarantee that recoverable assets will remain available.

Depending on the circumstances, the foreign company should evaluate appropriate criminal-procedure measures and separate civil or commercial protective remedies.

Precautionary Attachment May Be Considered

Where the legal requirements are satisfied, civil or commercial proceedings may offer precautionary measures aimed at preserving assets before the debtor disposes of them.

The requirements and strategy depend on the underlying claim and available evidence.

Criminal and Civil Remedies Can Proceed Separately

Foreign companies should not assume they must choose exclusively between criminal proceedings and a commercial claim.

A fraudulent commercial transaction can potentially generate both criminal-law issues and private-law claims.

The objectives are different: criminal proceedings concern alleged offenses, while civil or commercial proceedings focus primarily on contractual rights, damages and recovery.

Can the Foreign Company Recover the Advance Payment?

Potentially. Recovery depends on the contractual structure, identity of the recipient, available assets and evidence.

If money remains traceable, rapid legal action can materially improve the practical recovery position.

What If the Money Was Sent Abroad?

International transfers can make recovery more complex but do not necessarily end the investigation.

Preserve complete banking information so that the transaction chain can be reconstructed.

What If Cryptocurrency Was Used?

If funds were converted into cryptocurrency, preserve wallet addresses, exchange information and transaction records available to the company.

Digital-asset tracing can become relevant in sophisticated fraud investigations.

A Commercial Dispute Is Not Automatically Criminal Fraud

One important distinction must be maintained. A party’s failure to perform a contract does not automatically mean that fraud occurred.

For example, inability to pay a debt or failure to complete a project is different from deliberately presenting a forged bank guarantee to induce the other party to act.

The evidence concerning deception and intent is therefore crucial.

The Timing of the Fraudulent Intent Matters

Investigators may examine whether the alleged offender intended deception from the beginning or whether the commercial relationship simply deteriorated later.

A fake guarantee allegedly presented at the beginning of the transaction can be particularly important to this analysis.

Foreign Companies Should Avoid Destroying Evidence Through Internal Investigation

Internal interviews and document collection should be organized carefully.

Employees should not modify emails, annotate original documents or communicate with suspected persons in ways that may compromise evidence.

Do Not Confront the Suspected Party Prematurely

Immediate confrontation can sometimes result in deletion of communications, movement of funds or disposal of assets.

The appropriate sequence should be determined according to the circumstances and recovery strategy.

Obtain Corporate Records

Identify the shareholders, directors and authorized signatories of the Turkish counterparty.

Corporate changes around the time of the disputed transaction may also warrant examination.

Investigate Whether the Same Guarantee Was Used Elsewhere

A fabricated guarantee may have been presented to several counterparties.

Evidence of repeated use can become relevant to understanding the alleged scheme, although each transaction must still be assessed independently.

What If an Intermediary Introduced the Parties?

Review the intermediary’s communications, commission arrangements and role in providing or verifying the guarantee.

An intermediary is not automatically liable merely because they introduced the parties, but active participation in deceptive conduct can raise separate questions.

International Companies Should Preserve Foreign Evidence

Documents located outside Turkey may still be important.

Keep board approvals, internal emails, foreign bank records, compliance reviews and correspondence showing why the company relied on the guarantee.

Translation Should Be Accurate

Foreign-language evidence used in Turkish proceedings may require translation.

Technical banking terminology should be translated accurately because small differences can materially affect interpretation of the guarantee.

Power of Attorney May Be Required

A foreign company pursuing proceedings in Turkey should arrange the necessary corporate authorization and power-of-attorney documentation early so procedural steps are not delayed.

What If the Suspect Leaves Turkey?

The investigation does not automatically end because a suspect travels abroad.

The procedural consequences depend on the person’s status, available evidence and decisions of the competent judicial authorities.

Can Company Assets Be Reached?

This depends on the legal basis of the civil claim, ownership of the assets and any protective measures available.

The foreign company should distinguish assets belonging to the contractual company from personal assets belonging to shareholders or directors.

Shareholders Are Not Automatically Personally Liable

The existence of fraud allegations against a company does not automatically eliminate corporate separateness.

Personal liability requires its own legal and factual basis.

What If the Guarantee Was Supplied by a Third Party?

The investigation should identify whether the contractual counterparty knew the guarantee was false and how the third party became involved.

Responsibility should not be assigned merely by association.

Expert Examination of the Document May Be Necessary

Forensic examination may help identify alterations, signatures, printing characteristics or other features relevant to authenticity.

Digital versions may also require technical examination.

Foreign Companies Should Calculate Their Complete Loss

The loss may extend beyond the principal amount transferred.

Depending on the applicable legal basis and proof, the company may need to document financing costs, contractual losses, storage expenses, replacement transaction costs and other direct financial consequences.

Lost Profit Claims Require Strong Evidence

Expected profits should not be treated as automatically recoverable.

Preserve contracts, orders, historical margins and other records capable of establishing the alleged loss with sufficient certainty.

Insurance Should Be Reviewed

Some businesses maintain crime, fidelity, trade-credit, cyber or other insurance policies that may potentially respond to certain fraud-related losses depending on wording.

Notification deadlines should be checked promptly.

Internal Controls Should Be Updated

After discovering a fake guarantee, the company should review how the document passed internal controls.

Future procedures can require direct bank verification before substantial money or goods are released.

Never Verify a Guarantee Through Contact Details Printed Only on the Guarantee

Fraudsters may place false telephone numbers or email addresses on fabricated documents.

Verification should use independently established bank contact information.

Immediate Legal Action Plan

When a foreign company discovers a potentially fake bank guarantee in a Turkish commercial transaction, it should immediately preserve the original guarantee and electronic evidence, verify the document independently with the bank, stop further payments or deliveries where legally appropriate, reconstruct the transaction timeline, preserve communications and banking records, identify the individuals involved, evaluate a criminal complaint, trace transferred funds, consider urgent asset-preservation measures and review parallel contractual and civil recovery claims.

Frequently Asked Questions

Is using a fake bank guarantee a criminal offense in Turkey?

Depending on the facts, deliberate use of a fabricated or altered guarantee may raise fraud and document-forgery issues, among other possible criminal-law questions.

Should the foreign company contact the bank first?

Independent verification with the purported issuing bank can be an important early step in determining whether the guarantee is genuine.

Can a contractual dispute also become a criminal case?

Yes, where the evidence indicates conduct going beyond ordinary contractual non-performance, such as deliberate deception through a fabricated guarantee.

Can company directors be personally investigated?

Potentially, if evidence indicates their personal participation, knowledge or intent. Holding a managerial title alone does not automatically establish criminal responsibility.

Can bank accounts be investigated?

Where relevant to a criminal investigation, financial transactions can become important evidence for tracing the movement of suspected proceeds.

Can the foreign company seek recovery while the criminal investigation continues?

Potentially. Civil, commercial and criminal remedies can involve different objectives and may need to be pursued in parallel.

What if only a PDF version of the guarantee exists?

Preserve the original electronic file and the email or message through which it was received. Digital transmission information can become important evidence.

Should the foreign company confront the counterparty immediately?

Not necessarily. The risk of evidence destruction or asset dissipation should be considered before deciding how and when to communicate with suspected persons.

Can losses beyond the transferred amount be claimed?

Potentially, depending on the applicable legal basis, causation and evidence. Each category of alleged loss should be documented separately.

What is the most important first step?

Independently verify the guarantee and preserve every piece of evidence before alerting suspected parties. If the document is confirmed to be false, criminal investigation, asset preservation and commercial recovery strategies should be evaluated together rather than sequentially.

Client-Focused Legal Support for Fake Bank Guarantee and Commercial Fraud Cases

Fake bank guarantees can expose foreign companies to substantial losses involving advance payments, international supply contracts, construction projects, asset transfers, forged documents, fraudulent representations and disappearing counterparties. Fırat Fesih Kaya Law Office assists foreign companies and international investors facing suspected commercial fraud and forged-document disputes in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance in preparing criminal complaints, preserving evidence, coordinating bank and transaction records, evaluating urgent asset-protection measures and pursuing parallel commercial recovery claims.

Phone:
+90 312 434 22 22

Mobile:
+90 532 769 22 22

Email:
info@firatfesihkaya.av.tr

Address:
Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey