Foreign Company Based Abroad Is Victim of Fraud in Turkey: How Can It Start Criminal Proceedings? (2026 Updated Guide)

A foreign company based abroad is defrauded in Turkey. Learn how to file a criminal complaint, preserve evidence, trace payments, seek asset protection and participate in Turkish criminal proceedings.

A foreign company does not need to have an office, subsidiary or permanent establishment in Turkey merely to report conduct that may constitute a crime in Turkey. If a foreign business suffers losses through fraudulent transactions connected with Turkey, criminal proceedings may potentially be initiated before the competent Turkish authorities. The practical difficulty is often not simply filing a complaint but presenting the transaction in a way that clearly distinguishes criminal fraud from an ordinary commercial dispute, preserving electronic and banking evidence, identifying the responsible individuals and taking timely measures before assets or evidence disappear.

For an overseas company dealing with a suspected fraud in Turkey, early coordination between the company’s management, its Turkish legal counsel, banks and relevant technical personnel can significantly affect the effectiveness of the case.

Can a Foreign Company File a Criminal Complaint in Turkey?

Potentially, yes. Being incorporated abroad does not by itself prevent a company from reporting suspected criminal conduct to Turkish authorities.

The more important questions concern Turkish criminal jurisdiction, the place and manner in which the alleged offense occurred, the identity of the suspects, the company’s status as the injured party and the evidence connecting the conduct with Turkey.

What Types of Fraud Can Affect Foreign Companies?

Cross-border fraud can arise in many commercial settings. Examples include fake suppliers, false invoices, fraudulent investment proposals, impersonation of company executives, altered bank-account information, fraudulent distributors, nonexistent goods, falsified shipping documents, unauthorized payments and schemes involving Turkish bank accounts.

Each case should be examined according to its actual facts rather than automatically characterized as fraud merely because money was lost.

Fraud and Breach of Contract Are Not the Same

This distinction is crucial.

A supplier that genuinely intended to perform a contract but later failed to deliver may create a civil or commercial dispute. Criminal fraud generally requires additional elements relating to deceptive conduct and the obtaining of an unlawful benefit.

The criminal complaint should therefore explain the alleged deception rather than merely stating that the counterparty failed to perform the contract.

Evidence of the Initial Deception Is Particularly Important

The company should identify what representation caused it to enter the transaction or transfer money.

Relevant evidence may include emails, WhatsApp messages, contracts, fake certificates, altered invoices, fabricated company documents, false identities, fake websites, fraudulent bank instructions or misleading representations concerning goods and services.

Preserve Electronic Evidence Immediately

Do not delete communications after discovering the fraud.

Preserve complete email chains, message histories, attachments, metadata where available, invoices, payment instructions, telephone information and electronic files in their original formats.

Screenshots can be useful, but the underlying electronic records may become significantly more important during a criminal investigation.

Do Not Edit Suspicious Documents

Keep the original version of allegedly fraudulent invoices, certificates or contracts. If annotations are needed for internal investigation, work on copies.

The original electronic file may contain information relevant to authenticity or authorship.

Preserve Email Headers

In business-email-compromise cases, full email headers can provide technical information that is not visible in an ordinary screenshot or printed email.

The company’s information-technology department should preserve relevant mailbox data before normal retention policies delete it.

Identify Every Payment

Prepare a payment schedule showing the date, amount, currency, sending bank, receiving bank, beneficiary, IBAN or account information and stated purpose of every transfer.

This allows investigators to understand the financial flow quickly.

Contact the Bank Immediately

If the fraudulent transfer was recent, the company should contact its bank without waiting for the criminal complaint to be completed.

Depending on the circumstances and banking process, recall, fraud notification or interbank communication may still be worth pursuing.

Speed can be critical.

Preserve SWIFT and Transfer Records

For international payments, obtain the complete available payment documentation rather than relying solely on an account statement.

The exact beneficiary information and payment route can become important during the investigation.

What If the Money Was Sent to a Turkish Bank Account?

A Turkish account can create an important evidentiary connection with Turkey. Prosecutorial authorities may investigate the account holder, transaction history and subsequent movement of funds subject to the applicable criminal-procedure framework.

However, the account holder should not automatically be assumed to be the principal fraudster. Accounts can be controlled, rented or used by other persons.

Money May Move Through Several Accounts

Fraud proceeds can be transferred rapidly through multiple bank accounts, converted into other assets or withdrawn.

For this reason, a criminal complaint involving substantial financial loss should clearly identify the need for prompt investigation of the financial trail.

Cryptocurrency Transfers Require Separate Analysis

If funds were converted into crypto assets, preserve wallet addresses, transaction hashes, exchange information and all communications concerning the transfer.

The ability to identify the ultimate recipient depends heavily on the transaction structure and available evidence.

Where Can the Criminal Complaint Be Filed?

Depending on the facts, a complaint may be submitted to the competent Turkish public prosecutor’s office or through another legally available reporting channel.

Jurisdiction should be evaluated based on the conduct, suspects, financial transactions and other connections with Turkey.

The Foreign Company’s Legal Representative Must Be Identified

Because a company acts through authorized individuals, the authority of the person instructing Turkish counsel or making procedural applications should be established properly.

Corporate authorization documents may therefore be required.

Can the Foreign Company Appoint a Turkish Lawyer?

Yes. A foreign company can appoint Turkish counsel to represent its interests in the criminal process, subject to the applicable power-of-attorney and corporate-document requirements.

For an overseas company, appointing counsel can substantially reduce the practical difficulty of following an investigation from abroad.

Foreign Corporate Documents May Require Formalities

Depending on the country and document, corporate records and powers of attorney may require authentication, legalization or apostille procedures and Turkish translation.

These formalities should be organized early rather than waiting until an urgent procedural step arises.

What Should the Criminal Complaint Contain?

A strong complaint should present the transaction chronologically and clearly. It should identify the parties, representations made, payments, alleged deceptive acts, resulting loss and available evidence.

The complaint should make it possible for a prosecutor unfamiliar with the underlying business to understand the alleged scheme quickly.

Avoid Submitting an Unstructured Document Dump

Thousands of pages of emails without explanation can obscure the strongest evidence.

Create a chronology and connect important documents to specific allegations.

Identify the Individuals Behind the Company

If the fraud was conducted through a Turkish company, investigate who actually communicated with the foreign victim, who controlled the relevant accounts and who participated in the disputed transactions.

Corporate existence does not automatically shield individuals from criminal investigation where personal criminal conduct is alleged.

Company Directors Are Not Automatically Criminally Liable

At the same time, merely being a shareholder or director should not automatically establish criminal responsibility.

The investigation should identify each person’s actual conduct and involvement.

What If the Suspect Used a Fake Identity?

Provide telephone numbers, email addresses, bank details, usernames, account information, IP-related evidence where legitimately available and copies of identity documents supplied during the transaction.

Even false information can provide investigative leads.

Fake Company Documents Should Be Preserved

If the suspect provided altered commercial-register documents, licenses, certificates or corporate papers, retain the exact copies received.

Those documents may support allegations beyond the underlying financial deception depending on the circumstances.

Can the Prosecutor Obtain Bank Records?

Within the applicable criminal-procedure framework, prosecutors and courts can use investigative mechanisms to obtain financial evidence where the legal conditions are satisfied.

The complaint should identify known accounts and transactions precisely so authorities have concrete starting points.

Can Assets Be Frozen?

Depending on the suspected offense, evidence and applicable statutory requirements, criminal-procedure measures concerning assets may potentially become relevant.

Such measures are not automatic merely because the complainant requests them.

The complaint should explain why urgent preservation may be necessary and provide evidence connecting the suspected proceeds or assets with the alleged crime.

Can the Company’s Money Be Returned During the Investigation?

Recovery is not automatic.

Identifying or securing suspected proceeds may improve the company’s position, but criminal investigation, seizure, restitution and civil recovery involve distinct procedural questions.

The company should develop a recovery strategy rather than assuming that conviction automatically produces immediate repayment.

Criminal and Civil Remedies Can Operate Separately

A foreign company may need to evaluate both criminal proceedings and civil or commercial recovery mechanisms.

The appropriate combination depends on the contract, assets, defendants and evidence.

Do Not Use a Criminal Complaint Merely as Debt-Collection Pressure

A criminal proceeding should be based on genuine suspected criminal conduct.

Where the facts establish only unpaid contractual debt, commercial litigation or enforcement mechanisms may be the appropriate route.

What If the Fraudster Claims It Was Only a Commercial Dispute?

This is common in business-fraud cases.

The foreign company should focus on evidence showing whether deceptive intent existed when the money, goods or commercial benefit was obtained.

False identities, nonexistent inventory, fabricated documents, repeated identical schemes and immediate diversion of funds can be important depending on the facts.

Multiple Victims Can Be Significant

If other foreign companies were subjected to the same method, their experiences may help investigators understand whether the conduct was an isolated contractual failure or part of a broader scheme.

Any such information should be verified before being presented as fact.

Preserve Evidence From Employees

Employees who negotiated with the suspect may later become witnesses.

Prepare an internal record identifying who participated in calls, meetings, emails and payment approvals.

Video Meetings and Voice Communications

Preserve lawfully available meeting records, call logs and related communications.

The legality and evidentiary value of recordings should be assessed separately rather than assuming every secretly recorded conversation is automatically admissible.

What If Company Employees Are Abroad?

Being abroad does not necessarily make the evidence unusable. The procedural method for obtaining statements or testimony will depend on the stage of the proceedings and applicable international mechanisms.

Turkish counsel can help determine whether physical attendance becomes necessary.

Translation Is Important

Key contracts, emails, invoices and corporate documents in foreign languages may require Turkish translations for effective use before Turkish authorities.

Translations should preserve commercial and technical terminology accurately.

The Company Should Prepare a Fraud Evidence File

A practical file may contain the corporate authorization documents, contract, chronological narrative, payment schedule, invoices, bank records, emails, messages, suspect information, Turkish account details, shipping records and a calculation of the loss.

This can make the initial prosecutorial review substantially clearer.

What Happens After the Complaint?

The prosecutor may evaluate the allegations, collect evidence, request records, take statements and use other investigative measures where statutory requirements are met.

The precise investigation will depend on the suspected offense and evidence.

What If the Prosecutor Decides Not to Prosecute?

If a decision not to prosecute is issued, the complainant should examine the reasoning and available objection procedure promptly.

The notification date is important because criminal-procedure remedies are subject to statutory periods.

Can New Evidence Be Submitted During the Investigation?

Yes, relevant newly discovered evidence can potentially be submitted while the investigation continues.

Foreign companies should therefore maintain communication with counsel if banks, employees or internal investigations uncover additional information.

Monitor Parallel Proceedings Abroad

Cross-border fraud may involve accounts, suspects or evidence in several jurisdictions.

Proceedings in another country should be coordinated carefully so that factual positions remain consistent.

International Legal Assistance May Become Necessary

Where evidence or suspects are abroad, international judicial cooperation mechanisms may become relevant.

This can lengthen proceedings, making early identification of foreign evidence particularly important.

What If the Fraudster Leaves Turkey?

Departure from Turkey does not necessarily terminate the investigation. The consequences depend on the offense, evidence, procedural status of the suspect and available domestic or international mechanisms.

Can Foreign Directors Be Required to Travel to Turkey?

Not automatically merely because their company filed a complaint. Whether attendance is required depends on the procedural step and the individual’s role.

Representation should be organized so unnecessary travel can be avoided where legally possible.

Insurance Should Also Be Checked

Depending on the company’s insurance program, certain fraud, crime, cyber or trade-credit losses may potentially fall within relevant coverage.

Notice periods should be checked promptly.

Review Internal Controls After the Incident

The company should determine how the fraud succeeded.

For example, if payment instructions were changed by email, consider implementing independent bank-detail verification, dual authorization and direct confirmation procedures.

Immediate Action Plan for a Foreign Company

A foreign company that discovers suspected fraud connected with Turkey should immediately preserve all communications and original electronic evidence, notify its bank, identify every payment, investigate Turkish bank accounts and counterparties, preserve corporate and shipping documents, appoint Turkish counsel where necessary, prepare corporate authorization documents, build a chronological evidence file, file the criminal complaint with the appropriate authority and evaluate urgent asset-preservation and parallel civil-recovery options.

Frequently Asked Questions

Can a company incorporated outside Turkey file a criminal complaint in Turkey?

Potentially, yes. Foreign incorporation alone does not prevent a company from reporting criminal conduct where Turkish jurisdiction and procedural requirements are satisfied.

Does the foreign company need a Turkish subsidiary?

Not merely to be recognized as the victim of alleged criminal conduct. Corporate representation and procedural documentation should nevertheless be prepared correctly.

Can the company appoint a lawyer without its directors travelling to Turkey?

In many situations representation can be organized through an appropriate power of attorney and corporate documentation, although specific procedural requirements should be checked for the case.

Is failure to pay a foreign company automatically fraud?

No. Non-payment or breach of contract does not automatically constitute criminal fraud. Evidence of legally relevant deceptive conduct is critical.

What should be done immediately after a fraudulent bank transfer?

The company should contact its bank promptly, preserve the complete payment records and coordinate criminal and recovery measures without unnecessary delay.

Can Turkish bank accounts receiving the money be investigated?

Potentially, subject to the applicable criminal-procedure requirements. Known account and transaction information should be identified clearly in the complaint.

Can the suspect’s assets be frozen?

Asset-related protective measures may be available where statutory requirements are satisfied, but they are not automatic merely because a complaint has been filed.

Can criminal proceedings recover the company’s entire loss?

Not necessarily. Criminal proceedings and financial recovery should be treated as connected but distinct issues, and civil or commercial remedies may also need to be pursued.

What if the prosecutor considers the matter a commercial dispute?

The company should demonstrate the alleged deceptive conduct and evidence suggesting criminal intent rather than relying only on non-performance of the contract.

What is the most important practical step?

Act quickly and preserve the financial trail. In cross-border fraud cases, bank records, original electronic communications, corporate information and evidence showing what deception caused the foreign company to transfer money can be significantly more valuable than a general allegation that the counterparty acted dishonestly.

Client-Focused Legal Support for Foreign Companies Victimized by Fraud in Turkey

Cross-border business fraud can involve Turkish bank accounts, fraudulent suppliers, fake invoices, business-email compromise, forged documents, unauthorized payments, asset transfers and suspects operating through multiple companies or jurisdictions. Fırat Fesih Kaya Law Office assists foreign companies and international investors seeking to initiate and follow criminal proceedings concerning suspected fraud in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance in preparing criminal complaints, organizing banking and digital evidence, representing foreign corporate victims before investigative authorities, evaluating asset-preservation measures and coordinating criminal proceedings with available civil and commercial recovery strategies.

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