Under what circumstances will the police freeze the bank card?

In recent years, due to a large number of cross-border online gambling and fraud cases investigated and dealt with by public security organs, a large number of bank cards or Alipay or Tenpay/WeChat accounts of people involved or related personnel are often frozen.

Then, under what circumstances will the public security organs take freezing measures against bank cards or Alipay or Tenpay accounts (hereinafter referred to as "bank card accounts")? The team of lawyers in law school summarized and analyzed this.

If the bank card account is frozen by the police, it means that one or more transactions in the bank card account are directly or indirectly related to some illegal/criminal acts. The main situation is as follows:

1. I or my close relatives have participated in criminal activities, and the bank card account is suspected of stealing money.

In the process of investigating criminal cases, public security organs often seal up, detain and freeze all the money and stolen goods involved. All property, such as real estate, cars, bank cards, stocks, securities, equity, etc. Part or all of the property under the criminal suspect's name will be sealed up, detained and frozen to find out the facts of the case and facilitate the execution of fines and confiscation of property.

In addition, the public security organs can also seal up, detain and freeze some or all of the property such as real estate, cars, bank cards, stocks, securities and equity under the names of these criminal suspects' close relatives, so as to prevent criminal suspects from using their close relatives to transfer their property.

2. People who participate in virtual currency/blockchain transactions and have investment behavior.

At present, various virtual currency transactions are very popular, and there are also many virtual currency or blockchain trading platforms in the market. Everyone can invest through the price fluctuation of virtual currency.

Because many criminal gangs use virtual currency to launder money, almost all the server terminals of the platform are located abroad, which undoubtedly increases the difficulty for public security organs to investigate such cross-border cases. In addition, at present, China's relevant laws and regulations on the nature of virtual currency transactions are vague, and local public security organs will have different understandings of the nature of this transaction, which leads to stricter identification of virtual currency by public security organs. If one party has abnormal transactions or off-platform transactions or helps money laundering, it will be easily recognized by the public security organs as having the possibility of suspected criminal risk.

Therefore, due to the uncertainty, universality and virtuality of the transaction object, if the transaction object frequently engages in virtual currency or bulk transactions, the bank card account of the transaction will easily receive the funds transferred by the illegal and criminal team, which will lead to the bank card being frozen.

3. The bank card account has funds to enter and exit the online gambling platform or purchase illegal online lottery tickets.

In recent years, all kinds of illegal gambling sites, lottery websites or mobile apps have emerged in an endless stream, flooding major search engines or online media such as WeChat friends circle. Many people will log on to gambling sites, lottery websites or download online gambling applications or buy illegal lottery tickets in their spare time.

As the servers of the above illegal platforms are often located overseas, these illegal gambling behaviors have caused a large amount of online gambling funds of domestic gamblers to flow out of China through illegal money laundering platforms, and caused many people and families to go bankrupt, resulting in serious adverse social impact.

In recent years, the central government has issued various documents, led by the Ministry of Public Security, and cooperated with local public security organs to investigate and deal with online gambling platforms, freezing the bank cards of people involved in online gambling, punishing relevant personnel and disposing of relevant funds.

At the same time, because online gambling platforms generally obtain funds through special money laundering gangs, the accounts of these money laundering gangs are often used for money laundering activities of other illegal and criminal activities. For example, in many telecom fraud or online fraud cases, the related fund accounts of money laundering accounts are often frozen, which leads to the freezing of bank card accounts involved in online gambling.

Therefore, because he participated in online gambling, he has violated the law, and his bank card account is very easy to be frozen.

4, engaged in foreign trade transactions, bank card accounts to collect foreign trade payment.

Many people engaged in foreign trade transactions, in the process of trading, foreign customers sometimes choose to pay in RMB because of foreign exchange control restrictions. As the seller of Party B, it is often inconvenient to refuse the buyer's payment request and agree to the customer's payment in RMB. However, the people entrusted by foreign customers to pay for the goods may be some illegal money laundering gangs abroad, and the remittance account may be involved in some illegal and criminal activities, which will cause the seller to receive payment problems or illegal money from many strangers when collecting trade money, thus causing the bank card to be frozen.

Therefore, people engaged in foreign trade transactions must pay attention to the prevention of payment methods and remittance personnel, and do a good job in fund protection measures.

5. Conduct foreign exchange transactions through unofficial channels.

A few days ago, nearly 100 British students studying in China had their bank accounts frozen on suspicion of money laundering, which aroused widespread media attention. Coincidentally, some time ago, a large number of Spanish citizens' accounts could not be used normally, including restricting the use of ATMs, prohibiting international remittances, freezing accounts, and even directly requesting the closure of accounts.

According to the understanding of relevant embassies abroad, the chief culprit of some foreign students' accounts being frozen may be "changing foreign exchange privately" or helping others to change foreign exchange. The relevant account was frozen for investigation by the local police due to abnormal changes and was suspected of money laundering.

For a long time, due to the more favorable exchange rate and low exchange threshold, many overseas China citizens, including overseas students or business groups, have become accustomed to exchanging foreign exchange privately. However, they often ignore the risks behind them, which has a negative impact on their local study, work, trade and life.

According to the relevant laws and regulations of China, if overseas China citizens exchange foreign exchange privately, whether through bank transfer, Alipay WeChat or face-to-face transaction, there is a risk that they are suspected of illegally engaging in fund payment and settlement business and illegally buying and selling foreign exchange.

The Consular Department of the Ministry of Foreign Affairs reminds overseas China citizens to further raise their awareness of prevention and take targeted measures to avoid the risk of money laundering.

First of all, we must exchange foreign exchange through formal and legal channels. It is necessary to fully understand and abide by local laws and regulations, be wary of some so-called "preferential exchange rates" for foreign exchange, and be sure to exchange foreign exchange through legal channels such as banks. At the same time, it is necessary to avoid small deposits and other suspected money laundering behaviors.

Second, if the act of buying or buying a house for others involves a large amount of money, the other party should be required to provide evidence in advance to prove the legitimacy of its source of funds.

Third, if the account is frozen, please actively cooperate with the investigation, maintain communication with banks and other relevant parties, and safeguard your legitimate rights and interests legally and rationally. We should actively cooperate with the legal compliance requirements put forward by banks. We must resolutely oppose the lack of banking services or even acts suspected of violating the law, especially words and deeds involving discrimination, and properly safeguard our legitimate rights and interests.

Fourth, China's embassies and consulates abroad will actively assist overseas China citizens to safeguard their legitimate rights and interests within the scope of their duties, but will not cover up any illegal and criminal acts.

6. Receive remittances from other strange third parties.

In this case, the frozen bank cards often did not participate in or engage in any illegal and criminal activities, never engaged in illegal activities such as online gambling, buying lottery tickets, and did not participate in criminal activities such as telecom fraud, but were frozen by the public security organs.

Then, you need to carefully check all recent bank transactions, especially the inflow of funds. It is very likely that the funds transfer of suspects or platforms suspected of fraud, gambling, money laundering and other crimes caused the freezing measures of public security organs.

One of the clients represented by Lao Ben's team once opened a courier station in Myanmar. During this period, a China man found him and said that the local cash in Myanmar had run out. He suggested that his domestic friends transfer RMB to our customers, and the customers would help him to give him 30,000 local cash in Myanmar, and promised to give our customer 300 yuan a withdrawal fee. Considering that they are all from China, if they can help in foreign countries, our customers agreed to their request. However, according to the feedback from the public security organs afterwards, this so-called domestic friend was actually the victim of a telecom fraud case. After being cheated by the telecom fraud team, he transferred the money to our customer's account, and then the fraudster transferred the fraudulent money through our customer. There is no doubt that the bank card of the party concerned was frozen by the public security organ and almost wanted by the public security organ. After lawyer Law intervened, he cooperated with the public security organs to collect evidence and entrusted the police in different places to take notes, and finally successfully unfrozen the bank card.

Therefore, we must be careful to accept the transfer from a strange third party to avoid unnecessary trouble.

7. The cardholder receives funds from acquaintances, but is implicated because the remitter's bank card is frozen.

If the cardholder is not involved in any illegal crime, the remitted money is also transferred by an acquaintance, but if the remitter's bank card is suspected of being frozen in a criminal case, my bank card may also be frozen.

Therefore, the card owner should prepare all remittance materials and transaction materials with acquaintances at the first time and explain the situation to the public security organs.

8. Other special circumstances, such as participating in pyramid schemes, fund entry and exit, etc.

To sum up, there are many reasons why bank card accounts are frozen by public security organs. If the bank card account is frozen, you should get detailed freezing information from the bank/platform as soon as possible. Most banks will print the freezing information form (such as: notice of assistance in freezing property or application form for capital inspection and control means). ). If the bank refuses to print, it should ask the freezing authority's full name, freezing case number, freezing personnel's name, telephone number, ID number and freezing reason.

Our team of lawyers

Law lawyers team is a professional team dedicated to solving legal cases and criminal cases related to bank card freezing. Around foreign trade, foreign exchange, virtual currency, fraud, online gambling and other economic activities and criminal cases related to bank card freezing, we carried out investigation and evidence collection, drafted legal documents, put forward legal suggestions to judicial organs, handled unfreezing work, and represented criminal suspects or defendants in criminal defense.

Since 20 18, the lawyers team of Law School has acted as an agent to unfreeze the bank card business, and has undertaken hundreds of related cases, with clients in 34 provincial administrative regions in the Philippines, Malaysia, Myanmar, Viet Nam, Laos, Singapore, South Korea, Taiwan Province Province of China and China. Up to now, the bank card has been successfully unfrozen for the parties, amounting to 1 100 million yuan. At the same time, provide professional criminal defense work for all kinds of parties and safeguard their legitimate rights and interests.

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