Has a manager, employee, director or business partner misused company money or assets in Turkey? Learn how foreign business owners can file a criminal complaint, preserve financial evidence, trace diverted funds and pursue recovery.

Foreign business owners operating in Turkey often delegate substantial authority to local managers, directors, employees, accountants or business partners. These individuals may have access to company bank accounts, corporate credit cards, inventory, customer payments, accounting systems and valuable company property.

Problems arise when a trusted person allegedly uses that authority to divert company funds or property for personal benefit. A foreign owner may discover unexplained bank transfers, payments to related companies, personal expenses charged to the business, missing inventory, fictitious invoices or customer payments redirected to private accounts.

Depending on the facts, such conduct may potentially constitute breach of trust, fraud, document-related offences or other criminal conduct. The precise legal classification matters because not every unauthorized payment or corporate dispute is automatically criminal.

The official legislative database maintained by the Ministry of Justice identifies breach of trust under Article 155 and distinguishes between the basic form and the aggravated form connected with professional, commercial, service or property-management relationships. (Mevzuat)

For a foreign company owner, the most effective response normally requires two parallel objectives: establishing criminal responsibility and recovering the company’s money or property.

What Is Breach of Trust?

Breach of trust generally concerns property that legitimately comes into another person’s possession for safekeeping or use for a particular purpose, but is subsequently dealt with contrary to that purpose for the benefit of that person or another.

This distinction is important.

In many corporate cases, the suspected person did not originally steal the property by secretly taking it. Instead, the company voluntarily entrusted money, goods or other assets to that individual because of their position.

The alleged wrongdoing occurs afterward when that authority is abused.

What Does Article 155 Cover?

Article 155 provides the central criminal framework for breach of trust.

The basic form concerns property belonging to another person where possession was transferred for safekeeping or use in a specified manner and the recipient subsequently disposes of it contrary to that purpose or denies the transfer.

More importantly for businesses, the legislation provides a more serious form where the property was entrusted because of a professional, commercial or service relationship or because the person had authority to administer another person’s property. (Mevzuat)

This makes Article 155 particularly relevant to disputes involving managers, employees, business partners and persons entrusted with company assets.

Is Embezzlement the Same as Breach of Trust?

Not necessarily.

The word “embezzlement” is commonly used in international business to describe a trusted employee or manager stealing company money.

The exact criminal classification under Turkish law should not be determined merely by translating the word “embezzlement.”

The person’s status, how the property came into their possession, what authority they had and exactly what they did with it must all be examined.

A foreign business owner should therefore focus on the facts rather than trying to select a criminal offence before obtaining legal analysis.

Common Examples in Foreign-Owned Companies

A typical case may involve a local manager who has authority over company banking and transfers company funds into their personal account without a legitimate business purpose.

Other examples include an employee keeping customer payments, a warehouse manager selling inventory privately, a director using corporate funds for personal purchases, an accountant diverting money or a business partner transferring company assets to another company they control.

Each transaction should be investigated separately.

Is Every Unauthorized Company Payment a Crime?

No.

Corporate transactions can be complicated.

A payment that initially appears suspicious may represent salary, reimbursement of expenses, repayment of a shareholder loan, dividend distribution or another legitimate obligation.

The criminal complaint should therefore not simply identify unusual payments.

It should establish why the recipient was not legally entitled to receive the money.

Company Money Transferred to a Personal Bank Account

This is one of the most common warning signs.

Suppose the managing director transfers substantial amounts from the corporate bank account to a personal account.

The first step is determining the stated purpose of those transfers.

Were they salary?

Expense reimbursement?

Loan repayment?

Authorized management compensation?

Or was there no legitimate corporate explanation?

Bank records must be compared with accounting entries, contracts and corporate decisions.

Personal Expenses Paid With Company Money

Foreign business owners sometimes discover that a manager has used company money to pay personal rent, holidays, luxury purchases, private vehicle expenses or unrelated family expenses.

These transactions should be documented individually.

The existence of personal expenditure does not eliminate the need to examine whether there was any authorization or legitimate corporate basis.

Misuse of Corporate Credit Cards

Corporate credit cards can become a significant source of internal financial abuse.

Foreign owners should compare credit-card statements with invoices and expense reports.

Repeated personal transactions disguised as corporate expenditure can become important evidence.

The analysis should identify who used the card and who approved the expense.

Customer Payments Diverted to Personal Accounts

This can be particularly serious.

An employee or manager may instruct customers to send payments to a private bank account instead of the company’s official account.

The company may deliver the goods or services while never receiving the revenue.

Evidence may include customer communications, invoices, bank-transfer instructions and accounting records.

Cash Payments Kept by Employees

Businesses receiving significant cash payments can face additional risks.

A manager may collect money from customers but record only part of the transaction in company accounts.

Comparing sales records, inventory movements, receipts and bank deposits can reveal discrepancies.

Forensic accounting may be especially valuable in these cases.

Company Inventory Taken or Sold Privately

Breach of trust is not limited to money.

Company equipment, products, machinery, vehicles or other property can also become relevant.

For example, a warehouse manager entrusted with inventory may allegedly sell company products and retain the proceeds.

The company should immediately preserve stock records, invoices and inventory information.

Fake Supplier Payments

A manager may create fictitious supplier transactions to extract company money.

An invoice may appear in the accounting system even though no genuine goods or services were supplied.

The investigation should identify the supposed supplier, ownership of the supplier company, invoices, bank payments and actual commercial activity.

Payments to Companies Controlled by the Manager

Related-company transactions require careful investigation.

A manager might secretly establish another company and cause the foreign-owned business to purchase overpriced or nonexistent services from it.

This does not automatically prove criminal conduct.

However, undisclosed ownership combined with fictitious transactions and financial benefit can significantly change the legal assessment.

Fake Employee Schemes

Another possible scheme involves nonexistent employees or inflated payroll.

A manager may arrange payments supposedly representing salaries even though the recipient does not genuinely work for the company.

Payroll records, employment documentation, bank transfers and workplace records should be compared.

Unauthorized Bonuses and Salaries

Management compensation can create complicated disputes.

A director paying themselves substantial additional compensation is not automatically committing a criminal offence.

The key questions include who had authority to determine compensation, whether the payment was properly approved and whether corporate records accurately reflect what happened.

Can a Business Partner Commit Breach of Trust?

Potentially.

Being a shareholder does not automatically authorize a person to treat company property as personal property.

The company’s legal personality and ownership of its assets must be distinguished from the shareholder’s ownership of shares.

A partner who controls the company bank account therefore cannot necessarily justify an unauthorized transfer by saying, “Part of the company belongs to me.”

Can a Company Director Be Criminally Responsible?

Potentially.

A director’s authority over company assets can be highly relevant to the legal analysis.

The question is whether that authority was intentionally abused for an unlawful personal or third-party benefit.

Management authority does not provide unlimited permission to dispose of company assets.

Can an Employee Be Criminally Responsible?

Potentially.

Employees may be entrusted with company cash, inventory, equipment, payment cards or customer collections because of their employment.

Article 155 specifically recognizes the relevance of service relationships in the aggravated form of breach of trust. (Mevzuat)

The exact criminal characterization still depends on how possession and authority were structured.

Can an Accountant Be Responsible?

Potentially.

An accountant who has control over company funds and intentionally diverts them may face criminal exposure depending on the circumstances.

However, an accountant who merely records transactions instructed by management may have a very different legal position.

Evidence concerning knowledge and participation is therefore essential.

Breach of Trust Versus Fraud

These offences should not automatically be treated as interchangeable.

Fraud generally focuses heavily on deception used to obtain an unlawful benefit.

Breach of trust commonly involves property that was initially entrusted to the person legitimately but was later misused.

The difference can be decisive.

For example, if a person obtains investment money by deliberately lying from the beginning, fraud may be relevant.

If the person legitimately receives company property because of their managerial position and later diverts it, breach of trust may become more relevant.

Breach of Trust Versus Theft

The manner in which the suspect obtained possession can also distinguish breach of trust from theft.

Where the company voluntarily entrusted possession because of the person’s role, Article 155 may require consideration.

Where property was simply taken without lawful possession being entrusted, a different property offence may be relevant.

The complaint should therefore describe exactly how the suspect obtained control of the property.

What Evidence Is Needed?

Financial evidence is usually central.

Foreign business owners should preserve bank statements, accounting records, invoices, corporate credit-card statements, employment agreements, management agreements, company resolutions, shareholder documents, inventory records, emails and messages.

The evidence should be organized chronologically.

A large unorganized collection of documents can make even a strong case difficult to understand.

Bank Records

Bank statements often provide the clearest starting point.

Create a table identifying each suspicious transaction with its date, amount, recipient, payment description and alleged business purpose.

Then determine what documentary evidence supports or contradicts that purpose.

This can transform a vague allegation into a traceable financial case.

Accounting Records

Accounting records should be compared directly with bank transactions.

If a payment is described as “consulting,” determine whether a consulting agreement exists.

If it is recorded as purchasing inventory, determine whether inventory was actually delivered.

If it is classified as salary, determine whether payroll and corporate authorization support that classification.

Emails and Messages

Digital communications can help establish intent.

A message may show that a manager knew a transaction lacked authorization or instructed an employee to disguise its purpose.

Preserve entire conversations where possible rather than isolated screenshots.

Can Secretly Obtained Evidence Be Used?

Evidence collection must itself remain lawful.

Foreign business owners should avoid illegally accessing private accounts, hacking devices or secretly obtaining information through unlawful methods.

A legitimate investigation should rely on company records to which the business is legally entitled and evidence obtained through proper procedural channels.

Should the Suspected Employee’s Computer Be Deleted or Reassigned?

Preserve the data first.

Company devices may contain important evidence concerning payments, invoices, communications and accounting systems.

Deleting or resetting a computer immediately after termination can destroy valuable evidence.

A controlled forensic preservation process may be appropriate in serious cases.

Can the Company File a Criminal Complaint?

Potentially, yes.

Where company assets have been misused, the company itself may be the directly injured party.

The authority of the person filing the complaint on behalf of the company should be verified.

This becomes particularly important where the suspected person is also a director or authorized representative.

Can the Foreign Owner File Personally?

That depends on whose property was affected.

A shareholder’s personal loss and the company’s loss should not automatically be treated as identical.

If money was removed directly from the company account, the immediate loss may belong to the company.

If the foreign investor personally transferred money to the suspect after being deceived, the investor may have a direct personal claim.

Correct identification of the injured party is important.

Where Is a Criminal Complaint Filed?

A criminal complaint concerning suspected misuse of company property can be submitted through the appropriate prosecution or law-enforcement channels.

Complex corporate cases benefit from a structured written complaint.

The complaint should identify the company, suspect, management relationship, disputed assets and each important transaction.

What Should the Criminal Complaint Explain?

The complaint should answer five questions clearly:

What company property was entrusted to the suspect?

Why did the suspect have lawful possession or control?

What limits applied to that authority?

How was the property allegedly used contrary to its intended purpose?

Who benefited from that conduct?

These questions directly address the structure of a breach-of-trust allegation.

Complaint Requirements Can Differ

The basic form of Article 155 expressly operates upon complaint, while the aggravated commercial, professional, service or property-management form has a different procedural structure. (Mevzuat)

For this reason, foreign business owners should not rely on generic internet statements about a single complaint deadline applicable to every corporate misuse case.

The exact offence and procedural requirements should be determined first.

Why Early Action Matters

Financial misconduct can continue after it is discovered.

Money may be moved between accounts.

Inventory may disappear.

Corporate records may be altered.

Company devices may be wiped.

Customers may be redirected.

Early evidence preservation can therefore materially affect the investigation.

Can Bank Accounts Be Investigated?

Potentially, through legally authorized investigative procedures.

The company should provide investigators with the strongest possible starting information, including known receiving accounts and transaction records.

The objective is to reconstruct where company money went after leaving the original account.

Can Assets Be Frozen?

Potentially, where the statutory requirements for applicable protective measures are satisfied.

A criminal complaint does not automatically result in an asset freeze.

However, financial investigations in Turkey can involve restrictions over bank accounts, companies, vehicles and real estate where judicially authorized conditions are met. A June 2026 prosecution announcement, for example, reported court-ordered seizures involving companies, vehicles and real estate together with blocks on bank and digital-asset accounts in a major financial investigation. (İSTANBUL ANADOLU ADALET SARAYI)

The availability of such measures in an individual business dispute requires separate legal analysis.

Can the Company Recover the Money?

Potentially.

Criminal proceedings and financial recovery should be treated as related but separate objectives.

The company may need civil, commercial or enforcement proceedings in addition to the criminal complaint.

The appropriate remedy depends on where the money went, who received it and whether assets remain available.

Can Money Be Recovered From the Employee?

Potentially.

Where an employee is personally responsible for an unauthorized financial loss, compensation claims may arise.

The amount should be calculated accurately.

The company should distinguish the principal loss from interest and other claimed damages.

Can Money Be Recovered From a Director?

Potentially.

Director liability may arise under corporate law independently from criminal responsibility.

A director can therefore potentially face a criminal investigation concerning alleged misuse and separate civil proceedings seeking compensation for losses caused to the company.

What If the Money Was Transferred to a Relative?

The recipient and legal basis of the transfer should be investigated.

A transfer to the manager’s spouse, sibling or another related person may raise obvious questions, but family relationship alone does not prove criminal involvement.

Financial evidence should establish what happened to the money.

What If Assets Were Transferred to Another Company?

Identify ownership and management of the receiving company.

If the suspected manager controls both businesses, the transaction deserves particularly close review.

Contracts, invoices and actual delivery of services should be examined.

Can Third Parties Be Responsible?

Potentially.

A person who knowingly participates in unlawful diversion may have their own legal responsibility.

However, liability should never be assumed merely because someone received a payment.

The recipient’s knowledge, role and legal entitlement require investigation.

What If the Employee Returns the Money?

Repayment can affect the legal and practical situation, but it does not mean the original conduct should simply be ignored.

Before accepting repayment or signing any settlement, the company should understand the consequences for criminal and civil proceedings.

Every payment should be documented.

Should the Company Accept a Settlement?

Sometimes settlement may offer faster financial recovery than years of litigation.

But the agreement should clearly state the amount, payment schedule, security, consequences of default and treatment of existing claims.

Do not withdraw legal proceedings based only on an unsecured promise of future payment.

What If the Suspect Leaves Turkey?

Cross-border complications can arise.

Where the suspect or assets are located abroad, international cooperation may become relevant depending on the seriousness and procedural stage of the case.

Turkey’s Ministry of Justice reported in March 2026 that extradition cooperation continued across numerous jurisdictions during the first quarter of the year. (Türkiye Cumhuriyeti Adalet Bakanlığı)

However, extradition is not automatic merely because a criminal complaint exists.

What If the Foreign Owner Lives Abroad?

Physical residence outside Turkey does not necessarily prevent the company or foreign investor from taking legal action.

Appropriate legal representation can be especially important where management and evidence remain in Turkey.

The foreign owner should also ensure that company documents and digital systems remain accessible to authorized representatives.

Internal Investigation Before Filing a Complaint

A short internal investigation can significantly strengthen the case.

Identify suspicious transactions.

Determine who authorized them.

Compare accounting entries.

Identify related companies.

Interview relevant employees where appropriate.

Preserve digital evidence.

The purpose is not to conduct the prosecutor’s investigation privately but to provide a coherent factual foundation.

Should a Forensic Accountant Be Used?

For significant losses, forensic accounting can be extremely valuable.

An expert can reconstruct account movements, identify patterns and compare payments with accounting records.

This is particularly useful where alleged misconduct continued for several years.

What If There Are Thousands of Transactions?

Do not attach thousands of unexplained pages to a complaint.

First identify the most important transaction categories.

Create schedules.

Calculate totals.

Explain representative examples.

Then preserve the complete underlying dataset for detailed examination.

Employee Termination and Criminal Proceedings

Employment termination and criminal proceedings are separate matters.

The company should assess employment-law requirements independently rather than assuming that a criminal complaint automatically justifies every employment action.

Poorly handled termination can create an additional dispute even where the company has legitimate concerns about financial misconduct.

Protecting the Business After Discovering Misuse

Financial recovery is only part of the problem.

The company should review banking authority, payment approval processes, accounting access, corporate cards, inventory controls and related-party transaction policies.

A serious internal fraud incident often exposes weaknesses that should be corrected immediately.

Dual-Approval Banking Systems

Foreign-owned businesses can reduce risk by requiring more than one approval for substantial payments.

The appropriate structure depends on the company’s size and governance arrangements.

No single manager should necessarily have unlimited practical control over every important financial process.

Regular Independent Financial Review

Foreign shareholders who live abroad should not rely entirely on reports prepared by the same person who controls company money.

Independent periodic financial review can identify irregularities much earlier.

Prevention is considerably easier than tracing funds after years of unauthorized transactions.

2026 Perspective: Breach of Trust Remains a Significant Property Offence

Official 2025 justice statistics published in 2026 record 78,713 prosecution-office files involving breach of trust under Article 155, illustrating that this is far from a theoretical offence within the criminal justice system. (Adli Sicil Genel Müdürlüğü)

For foreign-owned businesses, strong corporate controls and early investigation of suspicious transactions remain particularly important.

What Should Foreign Business Owners Do in the First 24 Hours?

Preserve available bank and accounting records immediately.

Protect company data from deletion without unlawfully interfering with private data.

Identify suspicious payments.

Secure legitimate access to company financial systems.

Preserve relevant emails and corporate devices.

Avoid confronting the suspected person before determining whether evidence or assets could disappear.

What Should Be Done During the First Week?

Prepare a complete transaction chronology.

Compare bank statements with accounting entries.

Identify recipients and related companies.

Determine the suspect’s formal authority.

Calculate the preliminary loss.

Review corporate and employment documents.

Then determine whether criminal, corporate, employment and recovery proceedings should be initiated together.

Common Mistakes Foreign Business Owners Make

One major mistake is immediately accusing the manager publicly before preserving evidence.

Another is assuming every unexplained expense proves a crime.

Other mistakes include deleting the employee’s computer, illegally accessing private accounts, failing to distinguish company losses from shareholder losses and filing a criminal complaint without organizing the financial evidence.

The strongest cases are usually document-driven and transaction-specific.

Frequently Asked Questions

1. What is breach of trust in Turkey?

Article 155 addresses misuse of property that was entrusted to another person for safekeeping, specified use or administration. A more serious form applies in certain professional, commercial, service and property-management relationships. (Mevzuat)

2. Can a company manager commit breach of trust?

Potentially, depending on how company property came under the manager’s control and how it was subsequently used.

3. Can an employee be prosecuted for taking company money?

Potentially. The exact criminal classification depends on possession, authority and the manner in which the money was taken or used.

4. Is using a company credit card for personal expenses automatically a crime?

Not necessarily. Authorization, corporate policy, accounting treatment and the circumstances must be examined.

5. Can a business partner misuse company assets even if they own shares?

Yes. Ownership of company shares does not automatically mean personal ownership of company assets.

6. Can the company recover diverted funds?

Potentially. Criminal proceedings may need to be coordinated with civil, commercial or enforcement remedies.

7. Can bank accounts or other assets be restricted during an investigation?

Potentially, where the legal conditions for the relevant protective measure are satisfied. Such measures are not automatic simply because a complaint has been filed.

8. What evidence is most important?

Bank statements, accounting records, invoices, management decisions, contracts, emails, messages and evidence showing the suspect’s authority over the property can all be important.

9. Can I pursue the case while living outside Turkey?

Potentially. Appropriate representation can allow a foreign owner to pursue significant parts of the proceedings without remaining physically present throughout the entire case.

10. Should I file a criminal complaint immediately?

Evidence should be preserved immediately. Whether the complaint should then be filed without further investigation depends on the facts, but unnecessary delay can make financial tracing and evidence preservation more difficult.

Legal Assistance for Foreign Business Owners Facing Embezzlement and Breach of Trust in Turkey

Suspected embezzlement or breach of trust in a foreign-owned company in Turkey should be approached as both a criminal and financial problem.

The central investigation should determine what company assets were entrusted to the suspected person, what authority that person possessed, which transactions exceeded that authority, who ultimately received the money and what assets remain available for recovery.

Foreign business owners should avoid relying solely on accusations or internal suspicions. Bank records, accounting entries, invoices, corporate decisions and digital communications should be combined to create a transaction-specific evidentiary file.

Fırat Fesih Kaya Law Office provides legal assistance to foreign business owners, international companies, foreign shareholders and investors concerning breach of trust, embezzlement allegations, employee fraud, director misconduct, misuse of company funds, fake invoices, unauthorized bank transfers, corporate asset diversion, criminal complaints and recovery of company losses in Turkey.

Legal assistance may include internal legal review, preservation of financial evidence, preparation of criminal complaints, analysis of bank and accounting records, coordination with forensic financial professionals, representation during prosecution proceedings and coordination of criminal proceedings with corporate and financial recovery actions.

Phone: +90 312 434 22 22
Mobile / WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Office: Mevlana Boulevard No:221, Yildirim Tower, Balgat, Cankaya, Ankara, Turkey

When company money is actively being diverted, delay can materially increase the loss. Preserving financial evidence, identifying the complete money trail and taking coordinated criminal and corporate action at an early stage can be essential to protecting the business and maximizing the possibility of recovery.