Foreigner Sends Fraud Proceeds Abroad Without Knowing Their Origin: Can They Be Prosecuted in Turkey? (2026 Updated Guide)

Can a foreigner be prosecuted in Turkey for transferring fraud proceeds abroad without knowing their criminal origin? Learn about criminal liability, intent, bank transfers, evidence and defense strategies.

A foreign national may face a serious criminal investigation in Turkey after receiving money into a Turkish bank account and transferring it abroad, even if the person claims they did not know that the funds originated from fraud. The central legal issue is usually not simply where the money came from, but what the foreigner knew, what they intended, what circumstances surrounded the transaction and whether the prosecution can establish the required mental element of the alleged offence.

This distinction is particularly important in cases involving bank accounts, cryptocurrency exchanges, payment platforms, international transfers, commercial transactions and money-mule allegations. A person may genuinely have believed that they were receiving a legitimate payment, loan, investment return, salary, commission or repayment. On the other hand, unusual circumstances surrounding the transaction can potentially be used as evidence that the person knew or deliberately ignored the criminal origin of the funds.

For a foreign suspect in Turkey, the defense should therefore focus on reconstructing the complete financial and communication history, rather than merely arguing that the money came from someone else.

Can a Foreigner Be Prosecuted in Turkey for Sending Fraud Proceeds Abroad?

Potentially, yes. Turkish criminal jurisdiction can apply to conduct occurring in Turkey, including financial transactions carried out through Turkish bank accounts or other financial systems.

However, prosecution and conviction are different questions.

The fact that money originated from a fraud does not automatically establish that the person who later transferred it abroad committed a criminal offence.

The authorities must examine the specific offence alleged and whether the evidence establishes the required elements, including where relevant the person’s knowledge and intent.

Does Not Knowing the Money Was Fraud Proceeds Matter?

It can be extremely important.

Suppose a foreign national receives money from a person who claims:

“This is payment for consulting services.”

The foreigner then transfers the money to a business partner abroad.

If the person genuinely had no reason to suspect criminal activity, the defense may be materially different from a case where the person:

• Received unusually large amounts;
• Used multiple unrelated bank accounts;
• Was paid a percentage for transferring money;
• Received instructions to conceal the sender;
• Was told to avoid mentioning the transaction;
• Immediately withdrew cash;
• Created accounts for someone else;
• Deleted communications;
• Received repeated suspicious payments.

The complete circumstances matter.

What Criminal Offence Is Alleged?

Before preparing a defense, determine exactly what offence the authorities are investigating.

A financial-transfer case can potentially involve different legal theories depending on the facts, including fraud participation, handling or transferring criminal proceeds, money laundering allegations, aiding another offence or other financial crimes.

The defense cannot be properly assessed merely from the statement:

“The money came from fraud.”

The exact accusation and statutory elements must be identified.

Fraud and Handling Criminal Proceeds Are Not the Same Issue

A foreigner who did not participate in the underlying fraud should not automatically be treated as though they personally committed that fraud.

The investigation should distinguish between:

the person who committed the original fraud

and

the person who later received or transferred the proceeds.

Evidence connecting the foreigner to the original criminal conduct can therefore be highly significant.

What If the Foreigner Was Used as a Money Mule?

Authorities may investigate whether the person knowingly allowed their account to be used to move criminal proceeds.

A money-mule allegation can arise where a person receives funds and forwards them to another account for a fee or other benefit.

But the label itself does not prove criminal responsibility.

The prosecution must still establish the relevant facts and mental element under the offence being charged.

Bank Transfers Can Become Major Evidence

Investigators may examine:

• Sender identity;
• Receiving account;
• Amount;
• Date;
• Transfer description;
• Beneficiary;
• Subsequent transfer;
• Currency;
• Transaction frequency;
• Account history.

The financial trail may become one of the central pieces of evidence.

The Communication History May Be Even More Important

Messages can establish what the foreigner was told about the money.

Preserve:

• WhatsApp messages;
• Emails;
• Telegram conversations;
• SMS;
• Voice messages;
• Contracts;
• Invoices;
• Payment instructions;
• Investment documents.

Do not delete conversations after learning that an investigation exists.

What If the Sender Lied About the Purpose of the Payment?

This can be important to the defense.

For example, the foreigner may have been told that the payment was:

salary

consultancy fee

loan repayment

property payment

investment proceeds

business revenue

If the actual criminal origin was concealed from the recipient, evidence showing the false explanation can help establish the recipient’s state of knowledge.

Unusual Transactions Require an Explanation

A bank transfer that appears unusual should not simply be ignored.

The foreigner should be able to explain:

• Why the money was received;
• Who sent it;
• Why it was sent;
• Why it was transferred abroad;
• Who ultimately received it;
• What contractual or commercial relationship existed.

A coherent explanation supported by documents is much stronger than a general denial.

What If the Foreigner Received a Commission?

A commission can attract additional scrutiny.

Investigators may ask why someone was paid for moving money.

The foreigner should preserve the agreement explaining the commission, the service performed and the commercial reason for the payment.

A legitimate commission should be supported by genuine commercial documentation.

What If the Foreign Company Was the Recipient?

Where money entered a company account rather than a personal account, investigators may examine:

• Company ownership;
• Directors;
• Accounting records;
• Invoices;
• Contracts;
• Beneficial ownership;
• Bank instructions;
• Ultimate recipients.

Corporate documentation should be preserved immediately.

Can a Foreign Director Be Personally Liable?

Company involvement does not automatically make every director personally responsible for every suspicious transaction.

Investigators may nevertheless examine the director’s role in authorizing, receiving or transferring the funds.

The key issue is the person’s actual involvement and knowledge.

What If the Foreign National Only Followed Someone Else’s Instructions?

This circumstance should be documented carefully.

Identify:

• Who gave the instructions;
• How the instructions were communicated;
• What explanation was provided;
• Whether the foreigner questioned the transaction;
• What documents were supplied;
• Whether the transaction was commercially normal.

Do not invent explanations after the investigation begins.

What If the Foreigner Did Not Know the Sender Personally?

This can increase questions about the transaction but does not automatically establish criminal liability.

The surrounding circumstances should be examined.

For example, a person may legitimately receive money from an unfamiliar company under an existing commercial contract.

What If the Transfer Was Made Through Cryptocurrency?

Cryptocurrency transactions can leave detailed transaction records.

Preserve:

• Wallet addresses;
• Transaction hashes;
• Exchange records;
• Account statements;
• Identity verification records;
• Messages concerning the transaction.

Do not assume that cryptocurrency transactions are impossible to trace.

What If the Money Was Sent Through a Turkish Bank?

The bank may have transaction records, account-opening documents, compliance records and transfer information.

The investigator may request or obtain these records through the applicable legal process.

The foreigner should therefore reconstruct the transaction independently and accurately.

What If the Bank Account Was Frozen?

A suspicious-transfer investigation may result in restrictions affecting access to funds.

The foreigner should determine:

• Which authority ordered the measure;
• Which account is affected;
• Whether the entire balance is restricted;
• The stated legal basis;
• Whether the restriction is temporary;
• What procedural remedy is available.

A bank’s internal compliance action and a formal judicial measure should not automatically be treated as the same thing.

Can the Foreign National Leave Turkey?

This depends on whether a judicial or administrative travel restriction exists.

A foreigner should not assume that being investigated automatically means that they are prohibited from leaving Turkey.

At the same time, attempting to leave without understanding the procedural position can create serious practical problems where a court has imposed a restriction.

Can the Foreigner’s Passport Be Seized?

A passport or travel document may become subject to judicial measures where legally authorized.

If the passport has been seized, the foreigner should obtain information about the legal basis and request return where the statutory requirements permit.

Can a Foreigner Be Detained?

Detention is not an automatic consequence of a suspicious bank transfer.

The applicable procedural requirements must be satisfied.

The defense should distinguish between:

• Invitation for questioning;
• Police detention;
• Prosecutor’s procedure;
• Judicial control;
• Arrest.

Each has different legal consequences.

The Foreigner Has the Right to Know the Accusation

A suspect should understand what conduct is being investigated and why the authorities consider that conduct potentially criminal.

A foreigner who does not understand Turkish should receive appropriate interpretation during criminal proceedings.

Interpreter Assistance Is Important

Language difficulties can seriously affect a foreign suspect’s ability to understand:

• The accusation;
• Questions;
• Documents;
• Rights;
• The content of their statement.

If the translation is inaccurate, the resulting record should be challenged promptly.

Do Not Sign a Statement You Do Not Understand

A foreigner should not sign a Turkish-language statement merely because investigators say that it is routine.

The person should understand the content and should have the opportunity to obtain legal assistance.

Lawyer Assistance Can Be Critical

A criminal defense lawyer can examine:

• The alleged offence;
• Bank records;
• Transfer chronology;
• Communications;
• Evidence of knowledge;
• Procedural measures;
• Seizure orders;
• Account restrictions.

This is particularly important where the foreigner does not understand the Turkish criminal procedure system.

What Evidence Can Show Lack of Knowledge?

Potentially useful evidence may include:

• Genuine contracts;
• Invoices;
• Employment records;
• Consultancy agreements;
• Correspondence;
• Tax records;
• Accounting records;
• Previous legitimate transactions;
• Bank descriptions;
• Evidence of services actually performed.

The objective is to reconstruct what the foreigner reasonably understood at the time of the transaction.

What Evidence Can Suggest Knowledge?

Investigators may look for circumstances such as:

• Repeated suspicious transfers;
• Instructions to conceal transactions;
• False invoices;
• Fake contracts;
• Payments unrelated to the stated business;
• Cash withdrawals immediately after receipt;
• Transfers to unrelated persons;
• Unusual commissions;
• Deleted communications;
• Prior warnings.

One suspicious circumstance does not necessarily establish criminal intent, but several circumstances together can become significant.

What If the Foreigner Discovered the Fraud Only Later?

This distinction can be important.

If the person only learned after transferring the money that the original payment was fraudulent, the timing of that knowledge should be established.

Preserve the message, bank notification, police contact or other event through which the person first learned about the alleged criminal origin.

What If the Foreigner Returned the Money?

Returning funds does not automatically determine criminal liability.

However, the circumstances of repayment may become relevant to the overall factual assessment.

The foreigner should not make a substantial payment or admission without understanding its potential legal consequences.

What If the Foreigner Cooperates With Investigators?

Cooperation should be structured carefully.

Providing genuine documents and explaining legitimate transactions can be helpful, but the foreigner should avoid speculation.

A person should not guess about transactions they do not remember simply to answer every question.

Preserve the Original Financial Evidence

Do not rely solely on screenshots.

Obtain, where possible:

• Official bank statements;
• Transfer confirmations;
• SWIFT records;
• Account statements;
• Exchange records;
• Accounting documents;
• Contracts;
• Invoices.

Original records are generally more useful than isolated screenshots.

Build a Transaction Timeline

A simple chronology can clarify the case:

March 1: Contract signed.

March 5: Payment received.

March 6: Foreign company performs agreed service.

March 10: Payment transferred abroad.

March 15: Foreigner first learns that the original sender may have been involved in fraud.

The actual dates and evidence should be documented precisely.

Separate Each Transaction

Do not treat every bank transfer as one event.

Create a transaction table showing:

Date	Sender	Amount	Purpose	Recipient	Supporting Evidence
March 5	Company A	USD 20,000	Consultancy	Company B	Contract
March 10	Company B	USD 18,000	Supplier payment	Company C	Invoice
March 12	Company C	USD 2,000	Service fee	Foreign account	Invoice

This can expose whether the transactions formed a legitimate commercial chain or whether unexplained movements exist.

What If Several Foreign Countries Are Involved?

International transfers can create multiple jurisdictions.

The investigation may examine:

Turkey → foreign bank → another foreign company → final beneficiary.

The foreigner should identify the complete transaction chain where possible.

International Cooperation May Become Relevant

If evidence or beneficiaries are located abroad, Turkish authorities may seek information through applicable international cooperation mechanisms.

A foreign suspect should therefore not assume that overseas transfers are outside the reach of the investigation.

Do Not Move Additional Funds to Conceal Them

Once a person becomes aware of an investigation, transferring, hiding or disguising potentially relevant funds can create additional legal risks.

The safer approach is to obtain legal advice before taking further action involving disputed funds.

Do Not Delete Digital Evidence

Deleting messages or financial records after learning of an investigation can create serious evidentiary problems.

Preserve the original material.

Do Not Contact the Alleged Fraud Victim to Coordinate Stories

The foreigner should avoid attempting to influence witnesses or coordinate explanations with other suspects.

All explanations should be based on genuine evidence.

What If the Foreigner Is Accused of Money Laundering?

The precise statutory accusation must be identified.

Money-laundering allegations can involve questions concerning the criminal origin of assets, acquisition, possession, transfer, conversion or concealment and the accused person’s knowledge.

A defense should therefore address the specific elements alleged rather than simply arguing that the person did not commit the underlying fraud.

What If the Foreigner Is Accused of Participating in the Original Fraud?

This is materially more serious.

The prosecution may attempt to connect the foreigner to the original fraudulent scheme through communications, financial transfers, company relationships, witness testimony or other evidence.

The defense should separate genuine commercial conduct from conduct allegedly forming part of the original scheme.

Can the Foreigner Be Convicted Solely Because Money Passed Through Their Account?

The mere existence of a transfer is not necessarily sufficient to establish every element of a criminal offence.

The evidentiary significance of the transaction depends on the offence charged and the surrounding circumstances.

Can the Foreigner Challenge the Evidence?

Potentially.

The defense may examine whether:

• Bank records were correctly interpreted;
• Translation was accurate;
• Communications are authentic;
• The transaction chronology is complete;
• Witness statements are reliable;
• Search and seizure procedures were lawful;
• Evidence was obtained and preserved according to applicable procedural requirements.

What If the Investigation Started From a Bank Suspicion Report?

A bank compliance report can trigger investigation, but the existence of a suspicious-transaction report does not itself establish criminal guilt.

The underlying transaction should be examined in detail.

Can Turkish Authorities Seize the Funds?

Funds may potentially become subject to judicial or investigative measures where statutory requirements are satisfied.

The foreigner should obtain the relevant decision and determine whether the measure can be challenged or whether release can be requested.

Can Property Purchased With the Money Be Seized?

Potentially, depending on the alleged offence, the connection between the asset and criminal proceeds and the applicable judicial measures.

This should be assessed separately from the criminal responsibility of the person who received the money.

What Should a Foreign Suspect Do Immediately?

The most important steps are:

1. Stop making unexplained transfers.
2. Preserve all bank records.
3. Preserve all communications.
4. Identify every sender and recipient.
5. Obtain contracts and invoices.
6. Establish when the money was received.
7. Establish when the alleged criminal origin became known.
8. Determine the exact criminal accusation.
9. Obtain an interpreter where necessary.
10. Seek criminal-defense assistance before giving a detailed statement.
11. Do not delete or alter evidence.
12. Do not contact witnesses to coordinate explanations.
13. Identify any account or asset restrictions.
14. Build a transaction chronology.
15. Separate legitimate transactions from disputed transactions.

Frequently Asked Questions

Can a foreigner be prosecuted in Turkey for transferring fraud proceeds abroad?

Potentially, depending on the alleged offence, the conduct in Turkey, the evidence and the required mental element. The fact that the money originated from fraud does not by itself establish every element of criminal liability.

What if the foreigner genuinely did not know the money was fraudulent?

Lack of knowledge can be highly important where knowledge is an element relevant to the alleged offence. The defense should support the claim with contemporaneous contracts, communications, invoices and transaction records.

Does transferring the money abroad automatically constitute money laundering?

No automatic conclusion should be drawn from an international transfer alone. The exact offence and statutory requirements must be established.

What if the foreigner received a commission for transferring the money?

The reason for the commission and the person’s knowledge of the transaction should be examined. Genuine commercial documentation can be important.

Can a foreigner’s bank account be frozen?

Potentially, where the applicable legal requirements for a judicial or other lawful measure are satisfied. The foreigner should obtain the legal basis for the restriction.

Can the foreigner be arrested?

A suspicious transaction does not automatically require arrest. Arrest and other protective measures are subject to their own procedural requirements.

Does returning the money eliminate criminal liability?

Not necessarily. Repayment may be relevant to the factual circumstances, but it does not automatically determine whether an offence occurred.

Can the foreigner leave Turkey during the investigation?

This depends on whether a court or competent authority has imposed a lawful travel restriction or another measure affecting departure.

What if the police statement was incorrectly translated?

The foreigner should raise the issue promptly and have the record examined. A material translation error can affect the reliability of the statement.

What is the strongest first step?

Determine exactly what offence is being investigated, preserve the complete financial and communication record, establish what the foreigner knew and when, and obtain legal assistance before making detailed statements about the transaction.

Client-Focused Criminal Defense Support for Foreigners in Turkey

A foreign national accused of transferring suspected fraud proceeds can face criminal investigation, bank-account restrictions, asset seizure, travel restrictions and potentially serious allegations concerning financial crimes. Fırat Fesih Kaya Law Office assists foreign suspects and foreign-owned businesses involved in criminal investigations concerning bank transfers, alleged fraud proceeds, money laundering allegations and international financial transactions in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance with police and prosecutor proceedings, evidence review, financial transaction analysis, interpreter-related issues, seizure and account restrictions, defense statements and available judicial remedies.

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