In practice, shell account fraud cases are very common. Essentially, seven or eight out of ten fraud cases involve shell account scams. The typical method involves fraudsters using reasons such as loans, investments, job opportunities, or online gambling to obtain the victim's bank account. They then instruct the scammed third party to transfer money into the account, and subsequently, the victim is asked to transfer the money out under various pretexts. This approach is intended to launder money and sever the money trail. By the time the shell account holder realizes what has happened, they are often already a defendant, accused of aiding fraud or violating anti-money laundering laws.
 

Case Background

One day, Xiao De received a message from a foreign friend, claiming that his family abroad had an urgent need for money and that he was unable to make an international transfer from within Taiwan. The friend asked Xiao De to help by transferring money to his family overseas. Xiao De agreed and provided his bank account. After confirming that a sum had been deposited into his account, he transferred the money to the overseas account provided by his friend as agreed. However, a few weeks later, the bank informed Xiao De that his account had been flagged, and soon after, he received a notification from the police to appear for questioning. Xiao De was accused of fraud under Article 339 of the Criminal Code, and his friend could no longer be contacted. In a panic, Xiao De sought assistance from our law firm.
 

Prosecutor’s Office: Non-Prosecution Ruling

The police report sent to the Prosecutor's Office suggested that Xiao De was aware that lending his financial account to others is often linked to criminal activities, which is used to evade law enforcement, but he still lent out his account. However, upon thorough investigation by our lawyers, it was found that Xiao De’s bank account was used regularly for daily transactions and had not been left idle. Typically, individuals who knowingly provide accounts for criminal use would empty the account beforehand, which was not the case here. This indicated that Xiao De had no subjective intent to assist in fraud. Furthermore, the conversation history between Xiao De and his friend clearly showed that Xiao De provided the account purely out of goodwill to help a friend, not with the intent to assist in fraudulent activities.

After our firm’s vigorous defense, the Prosecutor's Office issued a non-prosecution ruling, allowing Xiao De to finally breathe a sigh of relief.

[Continue Reading: Fraud | How to File a Complaint? What to Do If You've Been Scammed? Our Professional Legal Team Can Help You Recover Your Money!]