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The focus of investigation differs between the actual funds handled and simply providing an account.
Simply providing an account usually focuses on the reason for delivery, control, and whether the account was foreseen to be used criminally. If the person actually withdraws, transfers, receives, or delivers funds, the police will also investigate who gave the instructions, how they communicated, the frequency and amount, whether there was any compensation, who the money was given to, how much the person knew, whether there were any unusual instructions, and other participants. Actual withdrawal does not necessarily mean that everyone involved is guilty, but the behavior, the flow of funds, and the content of communications will be judged together.
If someone is mistaken for a scammer or a money collector, what things do the police and prosecutors usually investigate?
Police will investigate the source of the work or task, LINE/Telegram/WhatsApp conversations, the identity of the person giving the instructions, the number and amount of withdrawals or receipts, the method of delivery and the reward; they will also check whether the defendant provided their own account, purchased virtual currency on behalf of others, had been warned by the bank, and how the defendant understood the source of the funds and what contact they had with other defendants.
Before giving your first statement, you can learn more about...How to handle a notification from the police stationandCriminal investigation processHowever, do not delete conversations or modify information.
Could simply helping someone collect or transfer money involve fraud or money laundering?
It may be investigated, but liability still depends on the actual actions, subjective cognition, division of labor in the case, flow of funds, content of communications, remuneration, and other evidence. The court will determine whether the parties jointly participated in the fraud, or knowingly or foreseeably provided assistance in the crime; when the flow of funds is interrupted due to withdrawals, transfers, or deliveries, the court may also examine, under the Money Laundering Prevention Act, whether there was any act or intent to conceal or hide the whereabouts of the proceeds of crime.
A crime cannot be established solely because there was a withdrawal, nor can liability be absolved simply because the perpetrator did not lie to the victim. If the issue originally only involved account transfers, please refer to...Emergency handling of dummy accounts accused of fraud and money laundering.
I or my family members are under investigation for withdrawing, transferring, or collecting payments on my behalf.
If you or a family member are suspected by the police of being involved in fraud, money laundering, money laundering, or bribery, you should first compile police notices, conversations, withdrawals and transfers, payments, and current procedures so that a lawyer can assess the initial statement, subsequent investigations, and detention risks.
How can I tell if I didn't know it was a scam?
Simply saying "I don't know" is usually not enough. Prosecutors and police will examine recruitment advertisements, job descriptions, complete conversations, how the other party explains the reason for withdrawals, whether the compensation is unusual, and whether there are requests to avoid bank personnel, delete records, use unfamiliar accounts, or use code words for reporting.
How the funds were delivered after withdrawal, whether cryptocurrency was purchased, and whether the transaction was stopped, inquired about, the bank contacted, or the police were notified after any anomalies were discovered will all affect the judgment. No single factor will necessarily determine the outcome; evidence should be used to reconstruct the understanding at the time, and references can be made.How to distinguish between ignorance and criminal intent.
What information should be prepared before the first police inquiry?
Save police notices, search warrants, seizure lists, messaging conversations, job advertisements, remittance and withdrawal records, bank statements, payment and payment records, transportation or accommodation information, contact information of the person giving instructions, and create an event timeline by date.
If you have ever sufferedPolice searchThe seized mobile phones, bank cards, cash, and documents should be verified. Do not delete, modify, conceal, or fabricate evidence; uncertain dates and amounts should be noted as pending investigation.
Why is the risk higher if the case involves multiple people or a large amount of money?
Cases involving multiple individuals involve the division of roles and the identification of accomplices. Prosecutors and police may differentiate roles such as recruiter, commander, cash withdrawer, receiver, transferor, and delivery person by examining group chats, communications, location tracking, surveillance footage, and fund flows. Large sums of money, multiple withdrawals, cross-account transfers, or virtual asset transactions also increase the difficulty of clarifying each transaction and the individual's awareness of the funds.
Being accused of being a member of a fraud ring does not mean that a crime can be directly established without considering individual pieces of evidence; the time of participation, tasks, remuneration, information known, and each act must still be examined separately.
If someone has been arrested, searched, or detained, what can their family do now?
First, confirm the individual's workplace, the cause of action, and whether the proceedings are currently in the form of police questioning, investigation, detention, or custody. Compile all relevant documents, including notices, search warrants, seizure lists, mobile phone background records, and transaction records. Do not contact witnesses or other involved parties separately to coordinate their statements.
If detention has already been requested, you can first find out...Detention and Custody ProceduresThey must provide verifiable information about their work, residence, family, contacts, and financial transactions, which can be verified by a lawyer. Whether or not they will be detained is determined by the court on a case-by-case basis.
In cases involving drivers and money launderers, what issues do criminal lawyers typically examine first?
Fraud Criminal LawyerFirst, we will confirm the defendant's role, subjective perception, source of instructions, evidence of communications, financial transactions, remuneration, withdrawal or transfer methods, relationship with other defendants, the content of the first police interrogation, the circumstances of the search and seizure, and the risks of detention. Defense strategies must be adjusted based on complete evidence; the same "lack of knowledge" argument cannot be used for all cases.
If a case has been prosecuted after investigation, the evidence regarding role identification, financial transactions, communications, and other defendants should be re-examined in accordance with the indictment, and further organized.Preparation for the first criminal trial after the driver and water collector were prosecuted..
Frequently Asked Questions
Will I be mistaken for a scammer the first time I help someone withdraw money?
An investigation may be conducted, but that does not necessarily mean a crime has been committed; the source of the work, instructions, amount, remuneration, delivery method, and the individual's understanding still need to be examined.
If someone doesn't know it's fraud, would it still constitute a crime?
To determine whether a statement is consistent with objective evidence and whether there was direct or uncertain intent, one cannot rely solely on a statement of not knowing.
Could I be charged with fraud simply for helping a friend collect money?
Possibly. A friendship does not automatically absolve one of liability; the reason for the payment, the basis of trust, the reason for the payment on behalf of the recipient, and whether there were any unusual instructions or rewards must still be explained.
I've been notified by the police to give a statement in my driver case. Can I hire a lawyer first?
Yes. A lawyer can first review the notices, conversations, and financial transactions to help organize the facts and evidence, and assess whether to accompany the police for questioning.
Will the driver be detained in all cases?
Not necessarily. The court will make its judgment based on the suspicion of a crime and the legal reasons for detention, taking into account the number of people involved, the flow of funds, the relationships between parties, and the state of the evidence.