Fraud via Social Media and Legal Remedies

Entrance

Social media has evolved from being merely a space for communication and sharing to a vast digital marketplace where shopping, investment, advertising, promotion, business relationships, donation campaigns, second-hand sales, cryptocurrency transactions, and consulting activities are also conducted. Every day, thousands of people buy products, send money with investment promises, receive services, participate in campaigns, or establish commercial relationships with strangers on platforms like Instagram, Facebook, X, TikTok, Telegram, WhatsApp, and YouTube.

This intensive use has also led to fraud crimes being transferred to the social media environment. Fake boutique accounts, fake investment advisors, cryptocurrency groups, fake giveaways, fake bank accounts, fake lawyer or institution accounts, romance scams, deposit scams, fake shipping links, methods of requesting money from compromised accounts, and AI-powered fake advertisements are among the most common examples of social media fraud.

The crime of fraud is regulated in Articles 157 and 158 of the Turkish Penal Code (TCK). As stated in the General Directorate of Security's information on fraud, Article 157 of the TCK defines fraud as deceiving someone through fraudulent conduct, causing harm to that person or another, and thereby gaining benefit for oneself or another; the use of information systems, banks, or credit institutions as tools is one of the aggravated forms of fraud under Article 158 of the TCK.

For someone who has been scammed on social media, the most important issue is not just the punishment of the perpetrator. For the victim, recovering the money, blocking the bank account, identifying the recipient accounts, closing the fake account, removing the content, preserving digital evidence, and filing a compensation claim if necessary are also crucial. Therefore, social media fraud cases should be evaluated considering criminal law, cyber law, banking law, data protection, and private law aspects.

What is social media fraud?

Social media fraud occurs when a perpetrator uses social media platforms to deceive a victim through fraudulent behavior, resulting in financial loss for the victim while the perpetrator gains an unfair advantage for themselves or another person.

The most important element in this crime fraudulent behavior. The perpetrator devises a scheme to mislead the victim. They open fake accounts, create trustworthy profiles, impersonate well-known individuals or institutions, send fake receipts, use fake customer reviews, show unrealistic investment gains, sell products as if they were available, or gain the victim's trust by using a compromised account.

In social media fraud, the perpetrator often does not meet the victim face-to-face. The entire process is conducted through messaging, links, payment screens, IBANs, cryptocurrency wallet addresses, fake customer service, or fake platforms. Therefore, digital evidence, money flows, and account records are central to the investigation.

The difference between social media fraud and classic fraud is that the perpetrator takes advantage of the anonymity, speed, and wide reach provided by information systems. A single fake account can reach hundreds of people, the victim base can be expanded through advertising, trust can be established with fake comments, and money can be transferred to different accounts in a short time. Therefore, in most cases, social media fraud is evaluated not as simple fraud, but as aggravated fraud under Article 158 of the Turkish Penal Code.

Common Types of Social Media Scams

Social media fraud can be perpetrated in many different ways. One of the most common methods is fake sales account fraud. Profiles are created on Instagram or Facebook that appear to be boutiques, electronics sellers, auto parts sellers, phone sellers, or promotional accounts. The victim is asked for payment or a deposit; however, the product is never sent, false shipping information is provided, or the account is closed.

Another common method is money-seeking scams using a compromised account. The perpetrator takes over a person's Instagram, Facebook, or WhatsApp account. From this account, they send messages to the victim's friends saying things like, "I need money urgently," "I'm having a problem with my account," or "Can you send money to this IBAN?" The victim, believing the message is from someone they know, sends the money.

Fake investment and cryptocurrency scams are also very common on social media. Promises of high returns are made through Telegram groups, X accounts, Instagram ads, TikTok videos, or WhatsApp investment groups. Victims are initially shown small gains; then they are asked to invest larger amounts. When they try to withdraw money, new payments are demanded under the guise of "tax," "commission," "unblocking," "account verification," or "license fee."

Romantic relationship or trust scams are also a significant type of fraud perpetrated through social media. The perpetrator establishes an emotional connection with the victim and requests payment under pretexts such as illness, travel, customs, gift wrapping, military service, visa, or urgent need for money. In these cases, the victim is usually manipulated for a long time and makes multiple payments.

Fraudulent lottery, prize, and shipping link scams are also common on social media. Victims receive messages such as "You won a lottery," "Your shipment is pending," or "Click the link to claim your prize." Card information, internet banking passwords, or identity details can be obtained through the link. If card information is used, the crime of misuse of bank or credit cards under Article 245 of the Turkish Penal Code may also be invoked. According to Article 245, a person who obtains and uses another person's bank or credit card without their consent to gain benefit shall be punished with imprisonment from three to six years and a judicial fine of up to five thousand days.

Why can social media fraud be considered a form of aggravated fraud?

In social media fraud cases, information systems and banks/credit institutions are often used as tools in committing the crime. The perpetrator reaches the victim through the social media platform, builds trust with fraudulent content, and receives the money transfer through a bank account or payment institution. Therefore, the incident can be evaluated as "fraud using information systems, banks or credit institutions as tools" under Article 158/1-f of the Turkish Penal Code. The General Directorate of Security also includes the use of information systems, banks or credit institutions as tools among the qualified fraud cases under Article 158 of the Turkish Penal Code.

This distinction is important because aggravated fraud carries more serious criminal consequences than simple fraud and in most cases falls under the jurisdiction of the High Criminal Court. Furthermore, in social media fraud cases, not just a single perpetrator but also the account holder, IBAN holder, the person who allowed their account to be used, the person who withdrew the money, the person who managed the fake advertisement, the person who set up the technical infrastructure, and the person who transferred the proceeds of the crime should all be investigated.

In practice, some individuals allow their bank accounts to be used "in exchange for a commission" or claim, "I only provided my account details." However, the use of the account for fraud, the deposit of money, its immediate withdrawal, or its transfer to another account may raise liability for the account holder. Therefore, criminal complaints should target not only the fake social media account but also all accounts involved in the money transfer.

What should a victim do immediately?

The first thing a victim of social media scams should do is protect the evidence without deleting it. Panicking by deleting messages, blocking the account, closing conversations, or continuing to argue with the perpetrator can lead to the loss of evidence.

First, the fake account's username, profile URL, profile picture, biography, posts, stories, advertisements, messages, payment requests, and any shipping/giveaway/investment links should be recorded. If there are WhatsApp or Telegram conversations, the phone number, group name, participants, message dates, and the entire conversation flow should be preserved. Taking a screen recording in addition to a screenshot is also helpful.

Secondly, you should contact your bank or payment institution immediately. If a wire transfer, EFT, FAST, credit card, virtual card, cryptocurrency purchase platform, or payment link was used, you should dispute the transaction, request that the recipient's account be blocked, and report the fraud. If the money has just been sent, acting quickly can be crucial to prevent the money from being withdrawn from the recipient's account.

Thirdly, a detailed criminal complaint should be filed with the Public Prosecutor's Office. The complaint should describe the events chronologically; it should list each fake account, username, phone number, IBAN, receipt, cryptocurrency wallet address, payment link, shipping information, product listing, advertising link, and message content individually.

Bank Application and Blocking Request

In cases of social media fraud, one of the most critical steps in recovering lost money is contacting the bank. As soon as the victim realizes they have sent money, they should call their bank, inform them that the transaction was made due to fraud, ask them to send a blocking request to the recipient bank, and create a written application record.

If the transaction was made via credit card or debit card, the card must be canceled and the dispute process initiated. According to Law No. 5464 on Bank Cards and Credit Cards, the cardholder is obligated to securely protect the card and the code, password, or identifying information that enables its use, and to immediately notify the card-issuing institution if the card is lost, stolen, or if they become aware of any transaction that occurred against their will. The same law also contains specific provisions regarding the cardholder's liability for damages arising from unlawful use that occurred within 24 hours prior to notification of the loss or theft of the card or card information.

Bank transfers, EFTs, and FAST transactions are more difficult because the money can go directly to the recipient's account. However, if there is a balance in the recipient's account, it is possible to block it. Therefore, the victim should quickly contact both the bank and the prosecutor's office. The prosecutor's office should be asked to block the recipient's account, request account statements, identify subsequent accounts to which the money was transferred, and investigate ATM/camera recordings.

How should a criminal complaint be prepared for the prosecutor's office?

Social media fraud complaints should not be prepared with general statements. Simply saying "I was scammed on Instagram" is not enough. The complaint must concretely detail all digital evidence and financial transactions.

The petition must include the following information: the platform where the fraud occurred, the username and link of the fake account, the perpetrator's identity information if known, digital traces if unknown, dates of correspondence, messages sent, payment request, amount sent, bank statement, recipient's IBAN, account holder, phone number, email address, shipping tracking number, link to the fake website, cryptocurrency wallet address, any advertisement image, and witnesses.

The following investigations should be requested from the prosecutor's office: requesting account creation and login records from the relevant social media platform, examining IP/log records, inquiring about the account holder from GSM operators, requesting account statements from banks, blocking recipient accounts, identifying all accounts to which the money was transferred, requesting ATM cash withdrawal camera footage, investigating cargo delivery addresses, obtaining transaction records from payment institutions, and conducting digital examinations of the suspects' devices.

Article 134 of the Code of Criminal Procedure (CMK) is important in terms of digital device examination. This article concerns measures for searching, copying, and seizing computers, computer programs, and files. The Constitutional Court, in its decision dated February 12, 2026, annulled certain parts of CMK Article 134 and ruled that the annulment would enter into force nine months after its publication in the Official Gazette; therefore, procedures for collecting digital evidence should be carefully monitored in light of current legislation.

Evidence Gathering Process

Gathering evidence is the most crucial step in social media fraud cases. This is because fake accounts can be closed, usernames changed, messages deleted, ads removed, cryptocurrency wallets emptied, or money withdrawn from the victim's bank account.

The main evidence the victim should keep includes: screenshots, screen recordings, social media profile links, usernames, messages, WhatsApp/Telegram conversations, phone numbers, IBAN information, bank statements, credit card transaction records, payment links, fake website URLs, shipping tracking information, advertising screenshots, fake customer reviews, cryptocurrency transfer hash information, and any voicemails from the perpetrator.

It is important that screenshots include the date, time, and URL information. A cropped image alone may not always suffice. The entire conversation should be shown together: the perpetrator's request for payment, why the victim sent the money, how the scam was set up, and which account the money went to.

In cases of high-value fraud, evidence gathering may involve notarization, expert opinion, forensic IT reports, or court proceedings. However, to avoid wasting time, filing a complaint with the prosecutor's office and blocking bank accounts are prioritized as initial steps.

If your credit card information was used in a social media scam

In some social media scams, the victim doesn't send money directly; instead, they enter their card information into a fake link. For example, card numbers, expiration dates, CVV, and 3D Secure codes can be obtained through fake shipping links, fake giveaway pages, fake payment screens, or fake bank pages. In this case, the crime of misuse of bank or credit cards under Article 245 of the Turkish Penal Code may be invoked.

When an unauthorized transaction occurs on a card, the victim should immediately contact the bank, cancel the card, file a transaction dispute, and, if possible, request a spending block. Law No. 5464 mandates cardholders to securely protect their card and password information and to immediately inform the card-issuing institution upon learning of any unauthorized transaction.

In such cases, the prosecutor's application should investigate not only the social media account but also the virtual POS system, payment institution, merchant, IP records, delivery address, product/service provider, and technical records of the card transaction.

Cryptocurrency and Telegram Investment Scam

One of the most complex types of social media fraud is cryptocurrency and investment promise scams. High returns are promised to victims through Telegram groups, X accounts, Instagram ads, TikTok videos, and WhatsApp investment groups. The perpetrator sometimes presents themselves as an investment advisor, financial expert, stock market trainer, crypto analyst, or company representative.

In these schemes, the victim is first asked to deposit a small amount of money. Then, a profit is shown on the fake panel. When the victim tries to withdraw the money, they are asked to pay taxes, commissions, unblocking fees, account verification fees, or license fees. New excuses are generated with each new payment the victim makes. This system, in addition to classic sophisticated fraud, can in some cases give rise to discussions about organized crime, money laundering, unauthorized financial activity, or crypto asset service provision.

In crypto fraud cases, wallet addresses, transfer hash information, exchange account records, Telegram group links, administrator usernames, screenshots of fake investment panels, payment receipts, and messages should be kept as evidence. Reversing crypto transfers can be difficult; however, tracking wallet activity, identifying exchange accounts, and uncovering the suspects' connections is possible.

Is my money back?

In social media scams, the most common question victims ask is, "Can I get my money back?" The answer to this question depends on the speed of the incident, the method used to send the money, whether there is a balance in the recipient's account, how quickly the bank and the prosecutor's office act, whether the perpetrator is identified, and whether the money has been transferred to other accounts.

If the money has been sent to a bank account and there is a balance in the account, it may be possible to block the account through the prosecutor's office or the bank. However, if the money has been withdrawn or transferred to different accounts, a criminal investigation and civil lawsuit will be initiated against the recipient and subsequent account holders.

If the perpetrator or account holder is identified, the victim can claim compensation for their financial losses. This claim can be raised as a criminal case file, or it can be pursued as a civil lawsuit, tort, unjust enrichment, or debt collection claim. Legal liability against the bank may also be considered if it violated its security obligations, failed to prevent the unusual transaction, or mismanaged the objection process.

Legal Actions and Compensation Methods

In social media fraud cases, criminal investigations aim to punish the perpetrator; however, this does not always guarantee the automatic return of the victim's money. Therefore, the victim may also need to explore legal avenues.

If the perpetrator or account holder's identity has been established, a claim for monetary damages can be filed. If the money has been transferred to the recipient's account and the account holder withdrew or transferred it knowing that the money did not belong to them, liability for tort and unjust enrichment may arise. The account holder's defense of "I allowed my account to be used" may not eliminate liability depending on the specific circumstances of the case.

Fraud can cause not only financial loss but also significant emotional distress to the victim. In cases such as romantic fraud, blackmail with private images, threats to reveal information to family, reputational manipulation, or the dissemination of personal data, compensation for emotional distress may be considered.

Furthermore, if the victim's name, photograph, or personal data has been used through a fake account, separate claims may arise regarding the unlawful dissemination of personal data, violation of personal rights, and violation of privacy.

Mistakes to Avoid in Complaint Letters

One common mistake in filing complaints about social media fraud is preparing the complaint too generally. Complaints simply stating, "They defrauded me, they should be punished," often fail to adequately guide the technical investigation.

The second mistake is targeting only the fake account and not showing the money flow. However, in fraud cases, the strongest clue in identifying the perpetrator is usually the IBAN, payment institution, crypto wallet, or ATM withdrawal.

The third mistake is deleting evidence or submitting an application with only a single screenshot. The context of the conversation, the payment request, the product/investment promise, the fake profile information, and the receipts must all be submitted together.

The fourth mistake is applying to the bank too late. The bank application should be made immediately, independently of the prosecutor's complaint. If there is a balance in the recipient's account, a request for a quick block can be crucial in recovering the money.

The fifth mistake is continuing to negotiate with the perpetrator. Scammers exploit the victim's panic by creating new payment demands. Phrases like "If you make one more payment, you can withdraw your money" or "If you pay a commission, the block will be lifted" are often used to extort more money from the victim.

Conclusion

Social media fraud is one of the most common and dangerous types of crime in the digital age. Numerous individuals are victimized through fake sales accounts, fake investment groups, cryptocurrency promises, compromised accounts, fake giveaways, fake shipping links, and romantic relationship manipulations on platforms like Instagram, Facebook, X, TikTok, Telegram, and WhatsApp.

From the perspective of the Turkish Penal Code, these actions are often evaluated as fraud under Article 157 or aggravated fraud under Article 158. The use of information systems, banks, or credit institutions as tools makes the assessment of aggravated circumstances particularly important in social media fraud cases.

The most important steps for the victim are to act quickly, preserve evidence, contact the bank immediately, request a block on the recipient's account, and file a detailed criminal complaint with the Public Prosecutor's Office. The criminal complaint should clearly show the social media account, username, URL, messages, phone number, IBAN, receipt, payment link, cryptocurrency wallet address, and all digital traces.

Recovery of the money may not be possible in every case; however, a swift bank application, prosecutor's blocking of the account, monitoring of account transactions, and identification of the perpetrator increase the likelihood of the victim's losses being compensated. Once the perpetrator or account holder is identified, further avenues for compensation for material damages, unjust enrichment, tort, and, if necessary, moral damages can be considered.

In conclusion, social media fraud should not be viewed as a simple "online shopping problem." These cases should be addressed comprehensively from the perspectives of criminal law, cyber law, banking law, data protection, digital evidence, and compensation law. A swift and accurate legal process is crucial for identifying the perpetrator, tracing the money, and ensuring the victim does not suffer any loss of rights.