Accused of Fraud After Giving Away Your Bank Account? How to Seek Non-Prosecution
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➡︎ “Lawyer, I only gave someone my ATM card because I was looking for a job. Why am I now being treated as a fraud suspect?”
➡︎ “The police told me that because I gave away three bank accounts, I will definitely be prosecuted. Is that true?”
At Chien Sheng International Law Firm, we frequently hear these anxious questions from clients.
In recent years, fraud schemes have become increasingly sophisticated. Many people are deceived while looking for jobs, applying for loans, or making friends online and unknowingly hand over their bankbooks, ATM cards, and PINs to fraud rings.
As a result, their accounts may be used as “dummy accounts” for receiving and laundering fraud proceeds and may subsequently be designated as warning accounts. The account holders may then face serious allegations involving fraud and money laundering.
A common misconception—even among some legal professionals—is that anyone who hands over a bank account, particularly three or more accounts, will automatically be found guilty.
This is not necessarily the case. In this article, Chien Sheng International Law Firm explains why handing over a bank account does not automatically establish criminal liability and how an experienced criminal defense lawyer can help demonstrate that the account holder was also deceived and seek a non-prosecution decision.
1. Why Can Giving Someone Your Bank Account Lead to Fraud Charges?
In judicial practice, prosecutors and judges generally regard a bank account as an important personal financial tool that is highly private and closely connected to its owner.
Under normal circumstances, most people would not casually give their bankbook, ATM card, and PIN to a stranger.
Therefore, when your bank account is used by a fraud ring to receive money transferred by victims, prosecutors may argue that when you handed over the account, you could have foreseen the possibility that it might be used for illegal purposes but nevertheless chose to provide it.
This may lead prosecutors to allege dolus eventualis (indirect intent)—meaning that although the person may not have directly intended the criminal result, they foresaw the possibility and nevertheless accepted the risk.
This is why simply handing over a bank account may result in allegations involving aiding fraud under Article 339 of the Criminal Code and money laundering under Article 19 of the Money Laundering Control Act.
It is important to note that ordinary cases involving the provision of bank accounts are generally investigated as aiding fraud and money laundering, rather than automatically being prosecuted as aggravated fraud committed jointly by three or more persons.
Nevertheless, either type of criminal allegation can have a serious impact on a person’s life and future and should not be taken lightly.
2. Myth: Does Giving Away Three or More Bank Accounts Automatically Mean You Are Guilty?
Article 15-2 of the Money Laundering Control Act (formerly Article 22) regulates the unlawful provision of financial accounts. Under certain circumstances, providing three or more accounts may result in criminal penalties.
This has led many people to mistakenly believe that “once you hand over three accounts, there is no way to avoid a conviction.”
However, Chien Sheng International Law Firm emphasizes that this is a misconception.
According to the legislative rationale behind the provision, criminal liability is premised on providing an account “without a legitimate reason.”
In other words, if you handed over your bank account because you were deceived—for example, through a fake job offer, fraudulent loan application, or romance scam—the circumstances surrounding the deception may provide an important basis for arguing that you had a legitimate reason and lacked any subjective intent to assist fraud or money laundering.
➙ Chien Sheng International Law Firm has handled cases in which clients handed over three or four bank accounts at once but nevertheless successfully obtained non-prosecution decisions.
The critical issue is not simply the number of accounts involved, but whether the evidence can demonstrate to prosecutors that you handed over the accounts because you were deceived.
3. The Key to Non-Prosecution: Proving a Lack of Criminal Intent
The central defense strategy is to demonstrate that you were genuinely deceived by the fraud ring and sincerely believed that providing the bank account served a legitimate purpose, such as processing a loan or receiving salary payments.
In other words, the key is to establish that you had no intention to assist fraud, money laundering, or any other criminal activity.
Chien Sheng International Law Firm recommends focusing on the following key points:
1. Preserve All Communications and Relevant Evidence
Never delete your conversations with the suspected fraud ring.
Whether the communications took place through LINE, a job-search website, a loan advertisement, or another platform, these records can be crucial in reconstructing how you were deceived.
If the messages show that you questioned why you were being asked to provide your ATM card, or demonstrate how the other party repeatedly reassured and misled you, they may provide important evidence that you lacked criminal intent.
2. Organize Evidence Showing That You Were Also a Victim
If you transferred money to the fraud ring during the process of handing over your account, or incurred other expenses—such as postage costs for sending an ATM card—make sure to preserve the relevant records and receipts.
Such evidence may help demonstrate that you were also a victim of the scam, rather than a willing participant in the criminal scheme.
3. A Lost ATM Card May Still Provide Grounds for a Defense
Even if your ATM card was accidentally lost and subsequently misused, there may still be grounds for defending against criminal allegations.
Although these cases can be more difficult in practice, it is important to clearly explain when and where the card was lost and why the PIN may have been kept together with the card—for example, because the PIN was written on a note stored in the same wallet.
When supported by other objective evidence, these circumstances may provide important grounds for challenging the allegation that you intentionally provided the account for criminal use.
4. Why Do You Need an Experienced Lawyer in a Dummy Account Case?
When questioned by police or prosecutors, many people become extremely nervous or are eager to distance themselves from the alleged crime.
As a result, they may make statements such as:
“I thought something seemed suspicious at the time, but I sent the ATM card anyway.”
Such a statement can be highly damaging to the defense.
In judicial practice, admitting that you thought the situation was suspicious may be interpreted as evidence that you foresaw the possibility of criminal use. Prosecutors may then argue that you possessed dolus eventualis (indirect intent) to assist the fraud.
Chien Sheng International Law Firm has handled numerous dummy account and warning account cases throughout Taiwan.
Our criminal defense team understands the issues prosecutors commonly focus on when investigating these cases and can assist clients in preparing their defense from the early stages of the investigation.
With the assistance of Attorney Wang Sheng-Chieh and our experienced legal team, we can help you:
■ Identify critical issues in the case: Before questioning, we help organize communication records and other evidence to identify the strongest points for your defense.
■ Prepare for police and prosecutorial questioning: Our lawyers can accompany you during police questioning and prosecutorial hearings and help ensure that your statements are accurately presented and not misunderstood or taken out of context.
■ Prepare professional written defense submissions: Through precise legal arguments and evidence analysis, we explain to prosecutors why you lacked the subjective criminal intent required for the alleged offense and advocate for a non-prosecution decision.
➠ If you or someone you know has been accused of fraud after handing over a bank account, remain calm and do not plead guilty without first fully understanding the allegations and evidence against you.
Although dummy account cases can be challenging, early assistance from an experienced criminal defense lawyer can help clarify how the account was provided, preserve evidence showing that you were deceived, and present the strongest available defense.
※ If you have any questions regarding a criminal case, please feel free to contact Chien Sheng International Law Firm. Our experienced criminal defense team is ready to help protect your legal rights and interests.
Chien Sheng International Law Firm
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