How to Lift MASAK and Prosecution Bank Account Blockades After P2P Transfers in Turkey

How to Lift MASAK and Prosecution Bank Account Blockades After P2P Transfers in Turkey?

One of the most frequent financial and legal obstacles faced by foreign nationals residing in Turkey is the sudden placement of MASAK (Financial Crimes Investigation Board) or Public Prosecution freezes on their Turkish bank accounts following P2P (Peer-to-Peer) crypto trades or large wire transfers. Bank blockades paralyse daily living and business operations and can persist for months without active legal intervention.

Statutory Grounds for Bank Account Blockades in Turkey

Under Turkish banking and criminal procedure law, bank account blockades stem from three distinct statutory bases:

1. Postponement under Article 19/A of Law No. 5549: Where assets involved in a transaction are suspected of being linked to money laundering or terrorist financing, the Minister is authorized to suspend or prevent the transaction for up to seven working days so that MASAK can verify and analyse the suspicion; the Minister may delegate this power to a deputy minister. This mechanism is distinct from a judicial seizure of the entire account.
2. Seizure under Article 128 CMK: Seizure of rights and receivables is subject to the listed predicate offenses, concrete-evidence-based strong suspicion that the offense was committed and the asset was obtained from it, and the report and decision requirements stated in the provision. A fraud allegation alone does not automatically justify account seizure.
3. Internal Bank Compliance Restraints: Administrative holds placed by bank compliance departments following fraud alerts or missing KYC disclosures.

Steps to Lift MASAK & Prosecution Bank Blockades

To restore bank account access and unfreeze funds, defense attorneys pursue the following legal steps:

1. Identifying the Restraint Authority and Investigation Case Number

Contacting bank headquarters to obtain official confirmation of whether the blockade was initiated by MASAK, a Chief Public Prosecution Office, or internal compliance, along with the active case file number.

2. Documenting the Legitimate Source of Funds

Assembling verified documentation proving the legitimate commercial or P2P crypto trade origin of funds:

• Official P2P exchange order logs and Blockchain TxID records.
• Invoices, real estate sales contracts, or service agreements.
• Know Your Customer (KYC) identity documentation of counterparties.

3. Selecting the Correct Remedy

An internal compliance restraint, an Article 19/A postponement, and a CMK seizure do not share one remedy. The competent addressee, time limit, and request depend on the legal basis and procedural stage; a request to the prosecutor and a remedy against a judicial decision should not be treated as interchangeable.

Risks of Inaction

If the legal basis of the restriction is not identified and relevant explanations and records are not submitted to the competent authority:

• A judicial measure may continue according to the course of the investigation and subsequent decisions; no fixed end date should be assumed.
• Third-party restitution claims or confiscation issues may arise, but the outcome depends on the competent authority's case-specific decision.
• Incomplete or contradictory explanations may lead to closer examination of the account holder's role in the transaction chain.

Professional Legal Representation

This article provides general information regarding bank account blockade removal procedures in Turkey.

To identify the legal basis, preserve relevant evidence, and assess the appropriate remedy, consult our Mersin Criminal Law Attorney practice. Every application depends on the evidence and the competent authority's assessment; no outcome can be guaranteed.

Official basis: MASAK — Law No. 5549, Article 19/A

Judicial-measure basis: Ministry of Justice — Code of Criminal Procedure No. 5271, Article 128