Legal Status of Individuals Who Provide Their Accounts and Phone Lines to Fraudulent Phone Scams and Illegal Betting Networks

Fraudulent Phone Scams and Illegal Betting Operations: The Legal Status of Individuals Who Provide Their Accounts and Lines

With the advancement of technology, phone fraud and illegal betting activities have become increasingly common crimes. These offenses typically involve deceiving victims into allowing their bank accounts or phone lines to be used for illicit transactions. Illegal betting networks, in particular, use third-party accounts to facilitate money transfers and cover their tracks. In such cases, the legal liability of individuals who lend their accounts and phone lines remains controversial.

The Court of Cassation and Regional Courts of Appeal have issued various rulings regarding individuals who knowingly or unknowingly participate in these crimes. Courts shape their decisions based on factors such as the intent of the defendants, whether they gained financial benefits, the availability of evidence, and the credibility of the defendants’ statements. This study examines, in detail, the legal responsibilities of individuals who allow their bank accounts and phone lines to be used for illegal betting or fraud, based on relevant court decisions.

Types of Crimes Based on How Accounts and Phone Lines Are Provided

1. Providing an Account or Line Out of Courtesy or Trust

Sometimes, defendants lend their bank accounts or phone lines to friends or acquaintances out of trust. However, judicial decisions determine whether this seemingly innocent act constitutes a criminal offense.

📌 Bursa Regional Court of Appeal, 8th Criminal Chamber, Decision Dated 24/05/2023 (2021/2488 E., 2023/1100 K.)

"During the trial, the defendant stated that he had given his salary card to a colleague named A.S. from his workplace. He further claimed that after a couple of days, his workplace went on holiday, and he was unable to retrieve his bank card from A. for about 10-15 days. However, since the material truth must be determined beyond any doubt, the defendant’s workplace should have been investigated before reaching a verdict. The failure to conduct a thorough investigation necessitates the annulment of the ruling."

🔹 Analysis:This decision emphasizes the need to verify the defendant’s statements and highlights that a conviction should not be based on an incomplete investigation.

2. Coerced or Fraud-Induced Provision of an Account or Line

Some defendants provide their bank accounts or phone lines under coercion or due to fraud. In such cases, determining the extent of the defendant’s liability requires a detailed investigation.

📌 Court of Cassation, 11th Criminal Chamber, Decision Dated 04/06/2024 (2021/16966 E., 2024/7470 K.)

"The defendant stated that he knew the other defendant as his neighbor and co-worker. He lent his account details after being told that the latter's bank card was deactivated and that he needed an account to receive a payment. Furthermore, it was determined that the primary suspect had obtained account and card details from other individuals using similar pretexts. Given that the defendant shared his account details purely out of trust and without any evidence of his intentional participation in the crime, convicting him without conclusive, compelling, and doubt-free evidence was unlawful."

🔹 Analysis:This ruling underscores that a conviction requires clear evidence of criminal intent. Simply lending an account due to trust does not automatically establish complicity in a crime.

Factors Influencing Conviction or Acquittal Decisions

Courts consider several factors when determining whether to convict or acquit a defendant:

✔️ Did the defendant act with criminal intent, or was he/she deceived?✔️ Did the defendant financially benefit from the crime?✔️ Under what conditions did the defendant provide their account or phone line?✔️ Is the evidence clear, conclusive, and beyond reasonable doubt?

📌 Istanbul 14th Criminal Chamber, Decision Dated 11/12/2024 (2024/2192 E., 2024/3237 K.)

"Although 232,447 TL was transferred into the defendant’s account in 2,421 transactions by numerous individuals, and the defendant had no registered business activity, there was insufficient evidence proving that the account was used for illegal betting. Given this, a conviction based on an incomplete investigation necessitates the annulment of the ruling."

🔹 Analysis:This decision highlights the presumption of innocence and affirms that a conviction cannot be issued without conclusive evidence.

Conclusion and Evaluation

📌 Key Considerations in Determining Criminal Liability for Individuals Who Lend Their Accounts or Phone Lines:

1️⃣ Did the defendant knowingly engage in the crime, or was he/she deceived?2️⃣ Did the defendant financially benefit from the criminal activity?3️⃣ Under what circumstances did the defendant provide the account or phone line?4️⃣ Is the evidence sufficient and free from reasonable doubt?

These criteria are crucial in determining whether a defendant should be acquitted or convicted.

Case Index

Court	Case No	Decision No	Decision Date	Summary
Istanbul 14th Criminal Chamber	2024/2192	2024/3237	11-12-2024	The ruling was annulled due to an incomplete investigation into allegations that the defendant’s bank account was used for illegal betting.
Court of Cassation, 11th Criminal Chamber	2021/16966	2024/7470	04-06-2024	Conviction without sufficient evidence of complicity in the crime is unlawful.
Bursa 8th Criminal Chamber	2021/2488	2023/1100	24-05-2023	The conviction was overturned due to the lack of investigation into allegations that the defendant’s card was used for criminal activities.

✅ This analysis highlights the decisive factors in cases involving the lending of bank accounts and phone lines for criminal activities. It also emphasizes the necessity for courts to establish clear and indisputable evidence before issuing a conviction.