THE CRIMINAL AND LEGAL ASPECTS OF RENTING AN IBAN NUMBER

ENTRANCE

With the widespread adoption of digital banking today, banking systems have begun to be exploited by criminal organizations. One prime example of this exploitation is "IBAN leasing," where individuals' bank accounts are used by third parties. This method, particularly used in the commission of crimes such as fraud, illegal gambling, and money laundering, raises questions about individuals' criminal liability and leads to serious legal debates in the criminal justice process.

WHAT IS IBAN RENTAL - BANK ACCOUNT RENTAL?

Renting an IBAN means allowing third parties to use your bank account information—including your IBAN number, online banking password, bank card, or mobile banking access details.

Bank account rental is when individuals offer their bank accounts, opened in their own name, for use by others in exchange for a fee.

IS RENTING AN IBAN NUMBER A CRIME UNDER THE TURKISH PENAL CODE?

Renting an IBAN is not a separate crime type specifically named in the Turkish Penal Code. In other words, there is no separate article in the law titled "IBAN Renting Crime." However, allowing someone else to use one's bank account or IBAN can constitute the subject matter of multiple crimes under the Turkish Penal Code. Especially if these accounts are used for illegal gambling, aggravated fraud, or money laundering, even the person who allowed the account to be used could face serious penalties.

Therefore, IBAN leasing, which has become a significant focus in the fight against financial crimes recently, can have serious legal consequences when used to conceal the trail of money obtained through crime.

This situation can be subject to the crime of money laundering under the Turkish Penal Code, as well as being used as a tool in the commission of many financial crimes such as aggravated fraud and illegal gambling.

KEY ELEMENTS OF THE CRIME OF RENTING IBAN ACCOUNT NUMBER

For an act to constitute a crime, the following elements must be present:

• Allowing someone else to use one's bank account knowingly and willingly
• This account is being used for illegal activities
• The person knows, or should have known, that this activity constitutes a crime

If these factors are present together, it is highly likely that a prosecutor's investigation will be launched against the account holder.

WHICH CRIMES IS IT ASSOCIATED WITH?

Article 282 of the Turkish Penal Code, "Money Laundering of Assets Derived from Crime"

Renting an IBAN can be directly linked to the crime of money laundering, as defined in Article 282 of the Turkish Penal Code, when used to conceal or legitimize proceeds of crime. This is because laundering criminal proceeds using someone else's account constitutes aiding and abetting concealment or laundering, which is one of the elements of this crime.

Article 282 - (1) A person who takes abroad assets derived from a crime punishable by six months or more of imprisonment, or who subjects them to various transactions with the aim of concealing their illegitimate source or creating the impression that they were obtained through legitimate means, shall be punished with imprisonment from three to seven years and a judicial fine of up to twenty thousand days.

Turkish Penal Code Article 158/1-(f) Qualified Fraud Crime

Scammers trick citizens into donating their money through fake websites or fake advertisements, directing them to bank accounts they have rented. In this case, the person who rented the account is held liable for aggravated fraud under Article 158 of the Turkish Penal Code, which defines "fraud committed by using information systems or banks or credit institutions as tools.".

In fraudulent activities, criminals attempt to conceal their tracks by transferring the ill-gotten gains from victims to the IBANs of third parties they have rented, instead of their own bank accounts. In this way, the criminal organization, while concealing the whereabouts of the money, also makes the person who rented out their IBAN a part of this illegal process. Legally, the person who rents out their IBAN is considered to have knowingly or unknowingly contributed to the commission of the crime and may face the penalty for aggravated fraud under Article 158 of the Turkish Penal Code.

Law No. 7258 on Illegal Betting and Gambling

Today, a very large portion of IBAN rental transactions are carried out to manage the money flow of illegal betting sites. Under Law No. 7258 on the Regulation of Betting and Games of Chance in Football and Other Sports Competitions, operating or facilitating illegal betting is a crime.

Those who allow these individuals to use their bank accounts face severe penalties for violating this law, as they facilitate the transfer of illegal gambling funds. Even small amounts transferred into and out of the account are immediately flagged by MASAK (Financial Crimes Investigation Board), and the account holder's connection to the illegal gambling network is investigated.

IBAN RENTAL - PUNISHMENT FOR THE CRIME OF RENTING A BANK ACCOUNT

         Crime/Base                                                       Typical Case                                      Approximate Punishment

• Qualified fraud (Turkish Penal Code 158/1-f): Using bank/IT systems as a tool in fraud carries a sentence of 3 to 10 years imprisonment plus a fine of up to 5000 days

 

•   Laundering of Assets Derived from Crime: Facilitating money laundering of criminal proceeds is punishable by imprisonment from 3 to 7 years + Money Laundering (Turkish Penal Code Article 282) is punishable by a judicial fine

 

•   Facilitating illegal betting: Imprisonment from 3 to 5 years + judicial fine for using the account to deposit money into betting sites (Article 5 of Law No. 7258)

 

MASAK, LAW NO. 5549 AND THE ROLE OF BANKS

IBAN rental activities are detected not only through victim complaints but also through automated systems. The Financial Crimes Investigation Board (MASAK) monitors suspicious money movements under Law No. 5549 on the Prevention of Money Laundering. Banks are obligated to report transactions that raise suspicion of illegally obtained assets to MASAK. Those who fail to report suspicious transactions are subject to administrative fines; the identities of those who report are protected by law.

Typical examples of suspicious activity include large amounts of money flowing in and out of an account from numerous different people in a short period, incoming funds being transferred to other accounts within minutes, and activity that doesn't match the account's past usage profile. These notifications are often made without the account holder's knowledge. The person only becomes aware of the situation when their account is blocked or they are summoned for questioning. In other words, the system can take action before the individual even faces any complaints.

FREQUENTLY ASKED QUESTIONS

Is lending out a bank account/renting an IBAN a crime?

While there isn't a single direct "account rental" crime, using the account in a criminal activity can result in liability for offenses such as aggravated fraud, money laundering, or facilitating illegal gambling. The determining factors are the purpose for which the account was used and the individual's intent.

I allowed someone to use my account, but I wasn't aware a crime was being committed. Will I still be punished?

Most of these crimes require intent. Acquittal is possible if it is proven that you did not know and could not have known. However, receiving commissions, repetitive transactions, and correspondence can be considered as evidence against you; each case is evaluated according to its own circumstances.

What is the penalty for renting an IBAN number?

If the account has been used for fraud, it may result in imprisonment of 3 to 10 years and a judicial fine of up to 5000 days under Article 158/1-f of the Turkish Penal Code. Different penalty ranges apply for classifications such as money laundering (Article 282 of the Turkish Penal Code) or facilitating gambling (Law No. 7258).

I didn't receive any commission, I just provided my account details. Is my situation better now?

Not having gained any benefit may be a mitigating factor, but it is not sufficient on its own. The court will assess whether intent existed based on all the evidence in the case file.

What happens if my account is used for a betting site?

In this case, illegal gambling facilitation and/or aggravated fraud may be considered under Law No. 7258. Furthermore, administrative and financial consequences may arise.

I've noticed my account has been misused, what should I do?

Block the account at the bank, file a criminal complaint with the Public Prosecutor's Office, preserve the evidence, and give your statement in the presence of a lawyer.

SAMPLE SUPREME COURT DECISIONS REGARDING THE CRIME OF RENTING IBAN ACCOUNT NUMBER

Supreme Court of Appeals, 8th Criminal Chamber, Decision No. E. 2024/24160, K. 2025/3482, dated April 30, 2025

Summary of the event: A university student accepts an offer from individuals (claiming to be the Turkish branch of a Russia-based software company) who contacted him after he saw a job advertisement online. The student transfers money from his bank account to other accounts in exchange for a commission, intending to earn money for his allowance.

Court of Cassation's Assessment: The high court ruled that the defendant's facilitation of the money flow and receipt of commission were not sufficient on their own to constitute the "criminal intent," which is the mental element of fraud. The court decided to overturn and acquit the defendant in the interest of law, citing the lack of evidence to contradict the defendant's consistent defense that he had no knowledge of the information network and the underlying fraud organization, that he had no organized organic link with the main perpetrators, and that he was deceived.

Supreme Court 11th Criminal Chamber, Decision dated 04.06.2024, Case No. E. 2021/16966, K. 2024/7470

Summary of the incident: The defendant, relying on a relationship of trust, gave their bank account information and card to a friend who lived in the same neighborhood or whom they knew from work. Money was then transferred through this account using funds obtained through aggravated fraud.

Supreme Court Decision: The high court determined that the defendant did not receive any financial benefit from the money received, had no involvement in the fraudulent activities of the perpetrators, and only provided an account due to a long-standing relationship of trust. Since there was no conclusive and convincing evidence, the conviction was overturned, and the defendant was acquitted.

Supreme Court Decision (11th Criminal Chamber – Case No. 2021/15296 E., Decision No. 2023/495 K.)

Summary of the case: The defendant transferred (or leased) their bank account information (IBAN) and internet banking passwords to unknown/newly met individuals in exchange for a commission (financial benefit). The actual fraudsters then tricked victims into transferring their money to this bank account through the sale of counterfeit products or various promises made online.

Defense: During the trial, the defendant denied the charges, claiming that he did not know the actual fraudsters, had no contact with the victims, had only allowed his account to be used for a fee, and was unaware that the money deposited into his account was obtained through fraud.

The Supreme Court's decision: The 11th Criminal Chamber found the defendant's defense to be contrary to the ordinary course of life and ruled that the act constituted aggravated fraud. The main reasons for the decision are as follows:

1. Criminal Intent and Will to Participate: The court stated that allowing unknown individuals to use one's bank account, card, and passwords in exchange for a commission or benefit is not a simple act. It emphasized that the account holder, who does not question the source of the money and accepts the commission, must have been aware that the money was obtained through illegal means (fraud). Therefore, the defendant is considered to have acted with "fraudulent intent."

2. Use of Information and Banking Systems as Tools: The defendant's actions enabled the actual perpetrators to commit fraud while concealing their identities. Therefore, the defendant's actions are evaluated within the scope of Article 158/1-f of the Turkish Penal Code, which defines "Fraud committed by using information systems, banks, or credit institutions as tools .

3. Decision: The Court of Cassation upheld the local court's conviction,  concluding that the defendant , by knowingly allowing the use of his account in exchange for personal gain, committed the crime of aggravated fraud in complicity with the principal perpetrators

 

CONCLUSION

While lending out a bank account or renting an IBAN might seem like "easy money," it can have very serious legal consequences. Although the Turkish Penal Code doesn't explicitly name a specific crime, if the account is used for crimes such as fraud, money laundering, or illegal gambling, the account holder could face severe penalties. The determining factor is the purpose for which the account was used and whether the individual acted knowingly or under duress. Acquittal is possible in cases where intent is absent; however, this depends on the accurate evaluation of the evidence in the case.