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What to do if a nominee account is accused of fraud or money laundering? Protect your account, records, and evidence.

When a company is owed money, has bounced checks, or faces malicious delays in payment from customers, can it directly sue for fraud? This article, written by a lawyer, analyzes the boundaries between civil debt and criminal fraud, evidence collection, payment orders, false attachment, and the liability of responsible persons, assisting companies in recovering funds and reducing transaction risks, providing a comprehensive overview from immediate handling to sue strategies.

If your account is suddenly flagged with an alert, or you have already received a notification, first confirm these six things.

Once a nominee account case enters the police inquiry or investigation process, the first statement often influences how the handling agency understands the purpose of the account, the flow of funds, and the role of the person involved. Don't rush to summarize the whole thing with a sentence like "I was also scammed," and don't delete any messages.

  1. Which bank or payment account is involved in the case?
  2. Which police agency, investigation station, or district prosecutor's office is handling the case?
  3. The case number, cause of action, and the identities of those present are on the notification document.
  4. Whether the victim's funds were deposited into the account, and the amount and timing.
  5. Whether there have been any withdrawals, transfers, or handover of debit cards, passwords, online banking access, or other forms of control.
  6. Currently, we are receiving either a police inquiry notice, a notification from the investigation station, or a notification from the district prosecutor's office's investigation division.

Have you received notification from the police station, investigation station, or district prosecutor's office?

You can prepare notification documents, bank information, conversation records, and currently known cash flows in advance, and have a lawyer assess how to handle the first statement and subsequent investigations.

What should you do immediately if your account is flagged for an alert or you receive a police notification?

First, verify the authenticity of the notification, the handling unit, the case number, the cause of action, and the arrival time. Then, confirm with the bank which transaction triggered the notification. Save the notification, bank message, transaction details, and account status completely. If there are still related conversations on your phone or messaging app, do not delete, reset, or only keep screenshots.

Next, establish a timeline: when you contacted the other party, what reason they requested your account information, what you delivered, when funds were deposited and withdrawn, when you noticed anything unusual, and when you reported the loss, called 165, or filed a police report. You should also familiarize yourself with this information before arriving at the scene.Key points for handling after receiving notification from the police stationandCriminal investigation proceduresAvoid answering based on impressions before you have a grasp of cash flow.

Before the first police questioning, what evidence must be preserved?

Evidence should be presented in a way that reconstructs the "reason for contact, delivery process, change of control, flow of funds, and subsequent reactions." In addition to LINE, Telegram, and WhatsApp conversations, also preserve job advertisements, loan information, dating or investment scripts, mailing records, bank notifications, and complete transaction details. If there have been reports of loss, contacting 165 (China's official consumer hotline), or filing a police report, retain the date of the report, the three-part receipt, and records of phone calls or online notifications.

Text messages, emails, call logs, platform account pages, company or identity information provided by the other party, and receipts for debit cards or documents can all help to piece together the events. Screenshots should retain the date, account number, and preceding and following conversations; important data should be backed up separately. Do not delete incomplete or unfavorable content to make it seem more advantageous, as this may damage the overall credibility.

Why is simply saying "I was also scammed" usually not enough?

Police and prosecutors usually obtain the victim's report, remittance details, bank notifications, and account transaction records beforehand. Verbally claiming ignorance is only the starting point for defense; objective evidence is still required to explain why the victim trusted the other party, why the account was handed over, whether there was any compensation, whether the account was still under control, whether the victim participated in withdrawals or transfers, and what the victim did after discovering the anomaly.

An effective explanation is not about recounting the most complete details, but about ensuring that every important fact is cross-referenced with conversations, financial transactions, devices, mailings, or police reports. If a date or amount is not yet confirmed, it should be clearly stated that verification is required; guesswork is not advisable.

In what situations would the risk of criminal charges increase significantly?

To receive remuneration, commission, daily wage or other consideration.
Offer multiple accounts, or repeatedly open new accounts as instructed.
Deliver your debit card, PIN, online banking access, or full control of your account.
Provide OTP, verification code, or assistance in removing transaction restrictions.
Withdraw, transfer, or deliver funds to a designated person in person.
Purchase virtual assets, exchange currency on behalf of others, or distribute funds as instructed.

The above circumstances do not necessarily mean that a single act constitutes a crime, but they will make the investigating authorities pay more attention to whether the person involved was aware of the abnormal risks, whether they still allowed the account to be used, and whether they actually participated in the flow of funds. If the case involves multiple victims, cross-border funds, or repeated transactions, the evidence should be compared one by one before making any statements.

What assistance can a lawyer provide during the initial statement taking and subsequent investigations?

Nominee accounts, fraud case criminal lawyerFirst, review the notification documents, conversations, account control, and cash flow to help organize the timeline, identify areas that need clarification or to avoid misunderstandings, and assess the police questioning, investigative court statements, evidence submission, and subsequent handling direction according to the actual procedures. Specific strategies must still be determined based on the facts and evidence of each case, and conclusions cannot be drawn solely based on whether the account is flagged for fraud or whether the person involved claims to have been scammed.

If a case is prosecuted by a prosecutor after investigation, the focus will then shift to the indictment, case files, and court proceedings. Further information can be found there.First instance proceedings after a case involving nominee accounts was prosecuted.

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