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Bank Account Frozen? How to Revoke a Police Warning Order

  • Bank Account Frozen? How to Revoke a Police Warning Order
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    Have you ever trusted an online loan advertisement, part-time job offer, or currency exchange arrangement, only to discover that you had unknowingly handed over your bank account information to someone involved in fraud?

    Instead of receiving a loan or earning extra income, your account may have been frozen—and you may even have received an administrative warning order issued by the police.

    Many people panic when they receive a police warning order under Taiwan’s Money Laundering Control Act, mistakenly believing that they have already been convicted of a crime.

     

    In fact, a warning order is an administrative disposition, not a criminal conviction.

    Depending on the circumstances, it may be possible to challenge and revoke the disposition through the appropriate administrative procedures and restore normal use of the affected account.

    enlightened This article explains what a warning order is, its legal basis and practical consequences, and how it may be challenged through procedures such as an administrative appeal, revocation by the original authority on its own initiative, or reopening of administrative proceedings.

    We also share successful cases handled by Chien Sheng International Law Firm.

     

    1. What Is an Administrative Warning Order and What Is Its Legal Basis?

    An administrative warning order is a legally effective administrative disposition issued by a police authority after investigation.

    It is not a criminal prosecution or finding of guilt, but an administrative measure imposed under the Money Laundering Control Act.

    Under Article 22, Paragraph 1 of the Money Laundering Control Act, a person may not hand over or provide to another person for use:

    ■ a bank account opened in their own name or another person’s name;

    ■ an account opened with a virtual asset service provider; or

    ■ an account opened with a third-party payment service provider.

    However, the restriction does not apply where the conduct is consistent with ordinary commercial or financial practices, arises from a relationship of trust between relatives or friends, or is otherwise supported by a legitimate reason.

    Under Article 22, Paragraph 2 of the Money Laundering Control Act, a person who violates the preceding provision may be issued a warning order by the municipal, county, or city police authority.

    The same rule applies where a person commits another violation more than five years after a previous warning order.

     

    2. What Serious Consequences Can Follow a Warning Order?

    Once a warning order is issued, it may significantly affect daily banking activity and financial access for up to five years.

    Under the regulations governing suspension, restriction, or closure of accounts following a warning disposition under the Money Laundering Control Act, the following limitations may apply:

     1. Restrictions on Transfers and Cash Withdrawals 

    Daily transfer and withdrawal limits may each be restricted to NT$10,000.

     2. Online Banking Restrictions 

    Use of online banking services may be prohibited or significantly restricted.

     3. Financial Institutions May Refuse Transactions or New Account Applications 

    Banks and other financial institutions may refuse certain over-the-counter transactions or applications to open new accounts.

     4. Restrictions on Electronic Payment Services 

    For electronic payment services, daily domestic and international small-value remittance limits may be restricted to NT$10,000, while monthly collection and payment agency limits may be restricted to NT$30,000.

     5. Adverse Effects on Financial Access 

    For five years, the person may be treated as a higher-risk customer.

    Financial institutions, virtual asset service providers, and third-party payment providers may refuse to open or provide certain accounts or services.

     6. Risk of Criminal Liability for a Subsequent Violation 

    If another violation occurs within five years after a warning order, Article 22, Paragraph 3 of the Money Laundering Control Act may apply.

    The person may face imprisonment for up to three years, detention, or a fine of up to NT$1 million, or both imprisonment and a fine.

     

    3. How Can a Warning Order Be Revoked? Available Administrative Remedies

    A warning order should not simply be ignored.

    If the transfer or provision of the account falls within one of the exceptions under Article 22, Paragraph 1 of the Money Laundering Control Act—such as ordinary commercial or financial practice, a relationship of trust between relatives or friends, or another legitimate reason—it may be possible to seek revocation of the disposition.

    1. File an Administrative Appeal Within 30 Days

    Under Article 14 of the Administrative Appeal Act, a person who disagrees with an administrative warning order may file an administrative appeal within 30 days from the day following service of the disposition.

    The appeal should explain in detail why the bank account was provided and why there was a legitimate reason for doing so.

    For example, the person may have been deceived through:

    ■ an online loan scam;

    ■ a fraudulent job offer;

    ■ a fake part-time job;

    ■ a currency exchange scam; or

    ■ another fraudulent arrangement.

    Relevant evidence, such as chat records, advertisements, transaction records, or other supporting documents, should be submitted with the appeal.

    The appeal is generally filed through the original police authority that issued the warning order and forwarded to the competent administrative appeal authority.

    If the appeal succeeds and the warning order is revoked, the related financial restrictions may also be lifted.

    2. Request Revocation by the Original Authority or Reopening of Administrative Proceedings After the 30-Day Appeal Period

    Many people do not realize that they have been subject to an administrative warning order until they later receive a non-prosecution decision in the related criminal case.

    By that time, the 30-day appeal period may already have expired.

    That does not necessarily mean that no remedy remains.

    Under Article 117 of the Administrative Procedure Act, an unlawful administrative disposition may, even after the statutory remedy period has expired, be revoked in whole or in part by the authority that issued it.

    ➡︎ Accordingly, where the related criminal case has resulted in a non-prosecution decision, a lawyer may assist in requesting that the original police authority revoke the warning order on its own initiative.

    In addition, under Article 128 of the Administrative Procedure Act, a person may seek the reopening of administrative proceedings where new facts arise or new evidence is discovered.

    ➡︎ For example, a later-issued non-prosecution decision may serve as important new evidence supporting a request to reopen the administrative procedure and revoke the original warning order.

     

    4. Chien Sheng International Law Firm: Successful Cases of Warning Order Revocation

    Chien Sheng International Law Firm has extensive experience handling administrative warning orders under the Money Laundering Control Act, as well as related fraud and money laundering cases.

    We have successfully assisted clients in revoking warning orders and restoring normal access to their bank accounts.

     

     【 Below are several examples 】

    ► Successful Revocation Even After the Administrative Appeal Period Had Expired

    Case: Bank Account Lent to a Romantic Partner Became Subject to a Warning Order — Revocation Successfully Obtained

    The client allowed a romantic partner to use the bank account and later became involved in a criminal investigation and received a warning order.

    Although the 30-day administrative appeal period had already expired, Chien Sheng’s attorneys successfully pursued revocation by the original authority and helped remove the warning status.

    ► Deceived by a Part-Time Job and Investment Scheme

    Case: Client Provided a Bank Account After Trusting an Online Part-Time Job Offer — Warning Order Successfully Revoked

    The client was looking for additional income and responded to an online part-time job advertisement.

    After being deceived into providing the account, the client became subject to a warning order.

    Chien Sheng’s attorneys filed an administrative appeal and successfully demonstrated that the client lacked any intent to participate in money laundering, resulting in revocation of the disposition.

    ► Deceived by an Online Loan Scheme

    Case: No Loan Received, but the Bank Account Was Restricted — Warning Order Successfully Removed

    The client searched online for a low-interest loan and was deceived by a fake loan intermediary into providing bank account information.

    With legal assistance from Chien Sheng International Law Firm, the warning status was successfully removed and normal account access was restored.

    ► Victim of a Triangular Scam During Online Currency Exchange

    Case: Online Currency Exchange Led to a Warning Order — Lawyer Successfully Obtained Revocation

    The client needed to exchange currency for work-related reasons and used an online exchange service, only to become involved in a triangular fraud scheme.

    Chien Sheng’s attorneys carefully reconstructed the transaction and successfully assisted in removing the warning order.

    ► Account Lent to a Family Member

    Case: Warning Order Issued in a Fraud Investigation — Criminal Non-Prosecution and Administrative Revocation Successfully Obtained

    The client allowed a minor family member to use the bank account and later became involved in a fraud investigation.

    Chien Sheng’s attorneys successfully obtained a non-prosecution decision in the criminal case and also persuaded the police authority to revoke the administrative warning order.

     

    【 Additional Successful Case】 

    ► Bank Account Frozen and Police Warning Order Received — Administrative Appeal Successfully Revoked the Disposition

    ► Fraud Case Involving an Administrative Warning Order — Lawyer Successfully Obtained Revocation

    ► Warning Order Successfully Revoked Even After More Than 30 Days Had Passed

     

    If your bank account has been frozen or you have received a police warning order, legal remedies may still be available—even after the 30-day administrative appeal period has expired.

    enlightened Chien Sheng International Law Firm has extensive experience handling fraud, money laundering, and administrative warning cases. Our attorneys can assess your situation and determine the appropriate strategy to seek revocation of the warning order and restore normal account access.If you are facing a frozen account or police warning order, contact Chien Sheng International Law Firm for professional legal assistance.

     

     

     

    Chien Sheng International Law Firmmail

     

    LINE Online Legal Consultation: @lawuicc001 (Click to consult)

    Welcome to call to schedule a meeting: 03-3150-034

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