Foreign Employee Transfers Money for Their Employer and Is Accused of Fraud in Turkey: What Can They Do? (2026 Updated Guide)

A foreign employee transfers money on an employer’s instructions and is later accused of fraud in Turkey. Learn how employment instructions, bank records, messages, intent and digital evidence can be used in the criminal defense.

A foreign employee working in Turkey may be instructed by a manager or employer to transfer money, receive funds, use a company bank account or forward payments to another person. A serious criminal problem can arise when the underlying transaction is later alleged to be fraudulent and investigators identify the employee as the person who technically carried out the transfer. The fact that the employee pressed the transfer button or appeared in banking records does not by itself answer whether the employee knowingly participated in fraud. The investigation should examine the employee’s knowledge, intent, authority, instructions received, relationship with the money and role in the alleged scheme. For a foreign employee, the defense should begin immediately by preserving employer instructions, WhatsApp messages, emails, bank records and evidence showing the ordinary employment relationship.

Why Can the Employee Become a Suspect?

Banking records frequently provide investigators with an early map of a suspected fraud transaction. If the foreign employee initiated a transfer, received money or had access to the relevant corporate account, their identity may appear prominently in the investigation.

This can lead to questioning even where the employee was simply implementing instructions.

Making the Transfer Does Not Automatically Establish Fraud

A criminal investigation should distinguish between performing the physical banking transaction and knowingly participating in the alleged fraudulent conduct.

An employee who genuinely believed they were making a legitimate company payment presents a different factual situation from someone who knowingly helped transfer criminal proceeds.

Intent Is a Central Defense Issue

The employee’s knowledge at the time of the transaction should be investigated carefully.

Questions may include whether the employee knew the source of the funds, knew the recipient, understood the commercial purpose and was aware of any alleged deception.

Who Ordered the Transfer?

This is often one of the most important questions.

Identify the manager, director, employer or colleague who gave the instruction and preserve evidence showing exactly what was communicated.

Preserve WhatsApp Messages Immediately

If instructions were sent through WhatsApp or another messaging service, preserve the complete conversation rather than only selected screenshots.

The surrounding messages may show that transferring money was part of the employee’s ordinary work.

Emails Can Be Critical Evidence

Corporate emails can demonstrate approval chains, payment instructions, invoice circulation and the employee’s understanding of the transaction.

Do not delete the company email account or relevant messages after learning about the investigation.

Preserve the Original Digital Evidence

Screenshots can be useful, but original devices, email records, attachments and message histories may provide stronger context.

Digital evidence should be preserved in a manner that allows its authenticity and completeness to be examined if necessary.

Bank Records Should Be Analyzed Chronologically

Prepare a timeline showing when the money entered the account, when instructions were received, when the employee initiated the transfer and where the money ultimately went.

Chronology can reveal whether the employee exercised independent control or simply followed a specific instruction.

Was It a Company Account or the Employee’s Personal Account?

This distinction can be highly important.

If the employee merely used an authorized corporate banking system, the factual analysis may differ considerably from a case where substantial company money was routed through the employee’s personal bank account.

Personal Accounts Create Additional Questions

Where the employer instructed the employee to receive or transfer company money through a personal account, investigators may ask why an ordinary corporate payment was handled in this manner.

The employee should preserve evidence explaining why the personal account was used and who requested it.

Do Not Invent a Commercial Explanation

If the employee does not know why a manager structured the transaction in a particular way, they should not speculate.

An inaccurate explanation given during the first police statement can later create serious inconsistencies.

Employment Records Can Support the Defense

Employment contracts, payroll records, work permits, job descriptions, organizational charts and internal authorization documents can help establish the employee’s actual position within the company.

A junior employee with limited decision-making authority should not automatically be treated as equivalent to the person controlling the business.

Job Title Alone Is Not Decisive

Investigators should examine actual functions.

A person described as a “manager” may have had no authority over financial decisions, while another employee with a modest title may have exercised substantial operational control.

The defense should demonstrate the real working structure.

Who Had Access to Online Banking?

Determine who possessed passwords, authorization devices, approval authority and transaction limits.

Corporate banking systems may also preserve logs showing which user created and which user approved a transaction.

Maker-Checker Systems Can Be Important

Some companies use systems where one employee enters a transaction and another person approves it.

If the foreign employee only created the payment instruction while a director separately approved it, those records may become particularly important.

Obtain Company Accounting Records

The transaction may correspond with an invoice, purchase order, service agreement or accounting entry.

Even if the underlying transaction later proves problematic, these records can help establish what the employee believed when processing the payment.

Fake Invoices Require Careful Investigation

If prosecutors allege that the invoice itself was fraudulent, the employee’s knowledge of that fact becomes critical.

Ask who prepared the invoice, who approved it, whether the employee had any contact with the supplier and whether similar invoices were processed routinely.

Was the Employee Financially Benefited?

Investigators may examine whether the employee received a commission, cash payment, unexplained transfer or another benefit.

The absence of a personal benefit does not automatically end an investigation, but it can be an important part of the factual defense.

Explain Any Payment Received by the Employee

If the employee received money near the disputed transaction, preserve payroll records, expense reimbursements or other evidence explaining the payment.

Unexplained financial movements can otherwise be misinterpreted.

Relationship With the Recipient Matters

Determine whether the employee personally knew the recipient of the disputed transfer.

If there was no prior relationship, preserve evidence supporting that position where possible.

Telephone Records May Become Relevant

Call logs and communication records can help establish whether the employee communicated directly with the alleged fraud participants.

A defense should consider both incriminating and exculpatory communication evidence.

What If the Employer Blames the Employee?

An employer or director facing investigation may attempt to characterize the employee as the person responsible for the transaction.

The employee should therefore avoid relying solely on the employer’s future cooperation.

Independent evidence should be preserved immediately.

Former Employees Should Act Quickly

Access to corporate email, accounting systems and internal messaging can disappear after termination.

A foreign employee who anticipates criminal allegations should lawfully preserve relevant evidence while respecting applicable confidentiality and data-protection obligations.

Can the Employee’s Phone Be Examined?

Digital devices can become relevant in fraud investigations. The legality, scope and procedure of any search or forensic examination should be reviewed according to the circumstances.

The employee should not delete messages or reset the device after learning of an investigation.

Deleting Messages Can Create Additional Problems

Even innocent employees sometimes panic and delete employer communications. This can remove evidence that would have supported their defense and may create suspicion about why the data disappeared.

Preservation is generally far safer than selective deletion.

What Should the Employee Do Before Giving a Statement?

The employee should understand the allegation and review available transaction evidence with criminal defense counsel.

Where the person does not speak Turkish adequately, interpreter rights should also be addressed before substantive questioning.

Do Not Sign a Statement You Do Not Understand

A foreign suspect should read the statement carefully through an interpreter where necessary.

Names, amounts, dates, bank accounts and explanations of employer instructions should be checked before signing.

Incorrect Translation Should Be Addressed

If the interpreter inaccurately translates the employee’s explanation, the problem should be raised immediately and recorded.

A materially incorrect translation can distort the employee’s role in a complicated financial transaction.

The Right to Remain Silent May Be Relevant

A suspect should not feel compelled to guess answers to questions about transactions they cannot remember.

The appropriate statement strategy depends on the investigation file and should be considered with counsel.

What If the Employee Already Gave a Statement Without a Lawyer?

The defense should obtain and review the earlier statement. Any inaccuracies, translation problems, misunderstandings or missing context should be identified.

Subsequent defense strategy should address inconsistencies directly rather than pretending the earlier statement does not exist.

Identify the Alleged Victim’s Payment

Fraud cases often involve tracing money from the alleged victim through multiple accounts.

The defense should determine whether the employee ever received or controlled the victim’s money and what happened at each stage of the transaction chain.

Multiple Transfers Should Be Mapped

Where funds moved through several companies or individuals, create a visual transaction chronology.

This can distinguish the employee’s limited act from the broader alleged scheme.

Company Ownership and Control Matter

Determine who owned the company, controlled bank accounts, negotiated with customers and made commercial decisions.

Corporate registry records and internal documents can help demonstrate the employee’s position in the hierarchy.

Witness Evidence Can Support the Employee

Colleagues may confirm that the disputed transfer was ordered by management or that the employee routinely processed payments without independent decision-making authority.

Witnesses should be identified while memories remain fresh.

Former Colleagues May Be Particularly Important

Employees who have since left the company may be more willing to describe actual internal practices.

Their knowledge of payment procedures and management instructions can become valuable.

What If the Employer Gave Only Verbal Instructions?

The absence of a written instruction does not automatically establish guilt.

Look for surrounding evidence: subsequent messages, telephone calls, accounting entries, witness statements, approval logs and similar transactions processed in the same manner.

Previous Transactions Can Show Routine Practice

If the employee processed dozens of comparable payments under management instructions, those records may help demonstrate that the disputed transaction appeared ordinary from the employee’s perspective.

But Previous Transactions Can Also Expand the Investigation

Historical transactions should be reviewed carefully. If investigators suspect a broader pattern, additional transfers may become part of the case.

The defense should therefore examine the entire relevant period rather than one isolated payment.

Foreign Employees May Face Immigration Consequences

A criminal investigation can sometimes create separate immigration concerns depending on its nature and subsequent administrative measures.

Criminal defense and immigration strategy should therefore be coordinated where necessary.

Investigation Does Not Automatically Mean Conviction

Being named as a suspect means allegations are being investigated. The prosecution must still establish the elements necessary for criminal responsibility under the applicable offense.

The employee’s individual conduct and mental element should be analyzed separately from the conduct of the employer or company.

Company Criminal Allegations Do Not Automatically Transfer to Employees

A company’s involvement in a suspicious transaction does not mean every employee who touched the payment is criminally responsible.

Individual responsibility requires an examination of each person’s conduct, knowledge and participation.

What If the Employee Suspected Something Was Wrong?

The facts become more complicated if the employee noticed warning signs before making the transfer.

The investigation may examine what the employee knew, what they were told, whether they raised concerns and why they nevertheless proceeded.

Any emails or messages showing that the employee questioned the transaction should be preserved.

Evidence That the Employee Objected Can Be Important

Messages such as requests for invoices, questions about the recipient or requests for written management approval may help demonstrate the employee’s state of mind.

Preserve the entire conversation.

Do Not Contact Alleged Victims to “Explain”

A suspect should be cautious about independently contacting complainants, witnesses or other suspects after learning of an investigation.

Unplanned communications can be misunderstood and can complicate the defense.

Do Not Coordinate Statements With Colleagues

Employees should not create a common story or ask colleagues to delete or change records.

Each person’s account should reflect genuine recollection and available evidence.

Prepare a Defense Evidence File

A strong file may include the employment contract, work permit, job description, organizational chart, bank authorization records, payment logs, emails, WhatsApp messages, invoices, accounting records, payroll documents, call records and witness information.

The objective is to reconstruct what the employee knew and did at the relevant time.

Immediate Defense Strategy

A foreign employee accused of fraud after transferring money for an employer should immediately preserve all communications, obtain the disputed bank records, identify who ordered and approved the payment, document their employment duties, secure relevant company records, identify witnesses, avoid deleting digital evidence, review any previous police statement and prepare for questioning with appropriate legal and interpreter assistance.

Frequently Asked Questions

Is an employee guilty of fraud simply because they made the bank transfer?

No. The employee’s individual conduct, knowledge and intent must be examined in light of the alleged offense.

What if the employer ordered the transfer?

Evidence of the instruction can be highly important. Preserve emails, messages, banking approval records and witnesses.

What if the instruction was verbal?

Other evidence can potentially establish the circumstances, including call records, subsequent messages, accounting entries, approval logs and witness statements.

What if the money passed through the employee’s personal bank account?

This can create additional scrutiny. The employee should document why the account was used, who requested it and whether the employee retained any financial benefit.

Should WhatsApp messages be deleted?

No. Relevant communications may provide important evidence concerning instructions and the employee’s knowledge.

Can company bank logs help?

Yes. They may show which user created, approved or authorized a transaction.

What if the employer later denies giving the instruction?

Independent evidence such as digital communications, witnesses, accounting records and historical payment practices becomes particularly important.

Can a foreign employee use an interpreter during criminal proceedings?

Where the employee cannot adequately understand or communicate in Turkish, interpreter rights should be addressed so that the person can participate effectively in the proceedings.

Can the employee be investigated even if they received no money personally?

Yes. Lack of personal benefit does not automatically prevent an investigation, although it may be relevant to the factual assessment of the employee’s alleged role.

What is the most important defense issue?

The investigation should distinguish between an employee who knowingly participated in fraudulent conduct and an employee who performed an apparently ordinary payment on an employer’s instructions without knowing about the alleged fraud. The strongest defense usually reconstructs that distinction through contemporaneous documents and digital evidence.

Client-Focused Legal Support for Foreign Employees Accused of Fraud in Turkey

Fraud investigations involving foreign employees can require urgent examination of bank transfers, employer instructions, corporate banking authority, WhatsApp messages, emails, invoices, digital devices, witness statements and financial records. Fırat Fesih Kaya Law Office assists foreign nationals facing criminal investigations and proceedings in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance in preparing statements, reviewing financial and digital evidence, challenging allegations concerning the employee’s knowledge or participation, seeking return of seized property where applicable and coordinating criminal defense with immigration-related issues.

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