Part I: Overview.
Recently, I received a lot of inquiries about bank card freezing. Basically, after receiving the payment from the customer, the bank card of the party concerned was frozen by the public security organ in different places, and the liquidity chain broke instantly. Even other mortgage cards and household cards under their own names were involved, and they were forced to prepare various materials to forcibly "travel" in different places, self-incriminating, consuming a lot of energy, time and accommodation expenses, and their lives and work were all disrupted. That kind of anxiety, helplessness, injustice.
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Lawyer Yang Shuoming briefly summarizes and combs for everyone, provides reference for everyone, reduces some inexplicable fears and doubts, so as to prepare the required materials in time and better manage the operating account.
Part II: Types of freezing
In practice, there are many reasons for bank card freezing, ranging from simple bank freezing to relatively complicated judicial freezing. What brings inconvenience and trouble to life is mainly judicial freezing, including court freezing and public security freezing.
I. Bank freeze
1. Abnormal transactions occurred in the bank card, such as payment for large transactions in different places, transfer of funds to suspected fraudulent accounts, abnormal account behaviors, etc. At this time, it was discovered by the bank background monitoring system. In order to protect the interests of customers from losses, banks sometimes temporarily stop paying and freeze accounts. But this kind of freezing only freezes expenditures, not deposits. At this point, the customer contacts the bank, and after the two parties communicate clearly, the frozen state can be lifted.
2. The customer's credit card is seriously overdue and refuses to repay. At this time, the bank may freeze the use of credit cards, and may also freeze the use of repayment savings cards associated with credit cards. At this time, the customer needs to find a bank, and both parties can communicate the repayment plan and unfreeze it after reaching an agreement.
3. The customer's wrong operation behavior leads to temporary freezing. For example, entering the wrong bank card password many times is the most common phenomenon. The bank system will automatically freeze the bank account, and I need to confirm my identity with the bank before I can unfreeze it.
4. The bank card has a low or zero balance for many years and is not used for a long time. In this case, in order to prevent bank cards from being used by criminals, banks will take protective freezing measures. Users can go to the bank to reactivate themselves.
Second, the court froze.
This situation is mainly because civil disputes are prosecuted by others, and the court takes property preservation measures, resulting in the freezing of property, including bank accounts and movable property such as real estate and vehicles. In this case, you can mediate with the other party to resolve the dispute and let the other party withdraw the lawsuit. If mediation fails, other property with the same value may be submitted as a guarantee for unfreezing the frozen property.
Third, the security freeze.
Procedures for handling criminal cases by public security organs
Article 237 The public security organ may, according to the needs of investigating a crime, inquire about and freeze the criminal suspect's deposits, remittances, securities trading settlement funds, futures deposits and other funds, as well as bonds, stocks, fund shares and other securities and equity, policy rights and interests, and may require the relevant units and individuals to cooperate. "
Article 243rd The time limit for freezing deposits, remittances, securities trading settlement funds and futures deposits is six months. The maximum period of each freeze shall not exceed six months. For major and complicated cases, with the approval of the person in charge of the public security organ at or above the municipal level, the time limit for freezing deposits, remittances, securities trading settlement funds, futures deposits and other property can be one year. The maximum period of each freeze shall not exceed one year.
Article 244 The time limit for freezing bonds, stocks, fund shares and other securities is two years. The maximum period of each freeze shall not exceed two years.
Article 245 The time limit for freezing stock rights, policy rights or investment rights is six months. The maximum period of each freeze shall not exceed six months.
According to the above law, public security organs have the right to freeze bank accounts according to the needs of investigating crimes. The longest freezing period is not more than half a year, and it can be extended before the expiration, and the freezing times are not limited. Because some major triad-related cases or major and complicated crimes involving escape may take several years to investigate and close.
Part III: Reasons for freezing.
The common causes of bank freezing are abnormal operation and wrong password. Court freezing is common in property preservation; The most complicated thing is the public security freeze.
In practice, the main reason why bank cards are frozen by public security organs is that bank cards and the funds in them are related to criminal cases. That is to say, when public security investigation cases find the money involved, they will generally seal up, detain and freeze the money involved. Specifically, it includes the suspect's real estate, cars, bank cards, stocks, securities, equity and other property.
This makes it easy to find out the facts of the case and let the court accurately convict and sentence. At the same time, it is also convenient for the execution of fines, confiscation of property and other penalties or the recovery of illegal income. If necessary, part of the property of the relatives of the criminal suspect will be seized together, which can prevent the criminal suspect from transferring the property.
Common reasons for action include:
(1) Fraud cases, that is, telecommunication fraud, network fraud, financial investment fraud, smoking ban and other criminal activities.
(2) Opening a casino case, that is, online gambling, WeChat group red packets, game gambling, etc.
(3) The action of "breaking the card", that is, buying and selling bank cards or calling cards, such as crimes of helping information network criminal activities, concealing and concealing crimes, crimes of obstructing credit card management, crimes of stealing, buying, illegally providing credit card information, crimes of illegally using information network, crimes of infringing citizens' personal information, crimes of illegal business operation, etc.
(4) Money-laundering case: After transferring a large sum of money, the People's Bank of China froze the account on suspicion of money laundering. According to the criminal law, money laundering crimes mainly include organized crimes of underworld nature, terrorist activities, smuggling crimes, corruption and bribery crimes, crimes of disrupting financial management order, financial fraud crimes and other criminal crimes. For example, online gambling platforms often use bank accounts of money laundering gangs to pay off accounts, which can easily lead to bank cards being frozen.
Specific examples:
In telecom fraud, criminals generally use a large number of bank cards with ID cards of relatives and friends to collect money or transfer money. The public security organ will freeze all the bank card funds involved after filing a case for investigation to avoid the transfer of funds.
The case-handling organ will inquire from the account directly remitted by the victim as the source, and as long as it is the related account diverted here, it will face the risk of freezing. Generally, it will be frozen to the fourth-level account in circulation, but some will be frozen to the seventh or eighth level (the smaller the level, the smaller the risk). Therefore, your account may face the same case but be frozen by the public security bureau in different places.
For example, the victim's money was transferred to bank account A, to bank account B, to bank account C, and later extended to D, E, F E and F; Then it is possible that A, B, C, D, E and F are all frozen, and B, C, D, E and F may not know the source of this fund.
Because criminals have a strong sense of transferring funds in practice, the flow of funds involved is complex and numerous. In some cases with few clues, the public security organs would rather kill by mistake than let go of a clue in order to try their best to solve the case and recover the accounts, which may lead to false seals.
If you are honest, your close relatives are not suspected of committing a crime and have not been put on file for investigation by the public security organs. Your bank card has always been for your own use, legal and compliant, and has never violated the law. At this time, it has been frozen by the public security organs. This situation is likely to be blocked by mistake. You don't need to worry about anything at this time, as long as you cooperate with the investigation.
risk prevention
It is legal and inevitable for public security organs to seal up and freeze the property involved according to law. However, we can regulate our behavior, reduce the possibility of being seized and frozen, and reduce the impact on life and work after being seized.
Lawyer Yang Shuoming suggested:
1, online gambling is illegal, so don't try to play with your luck.
2. Don't visit unknown websites and links, and don't fill in account information.
3. Don't buy, sell or rent bank cards or credit cards.
4. Don't help people you don't know unblock the WeChat account.
5. Minimize the use of foreign exchange settlement.
6. During the transaction, customers must be required to pay attention to payment information to avoid accepting payment from overseas accounts or third parties.
7. Prepare multiple bank card accounts for special cards. For example, the accounts mainly used for payroll, tax payment and payment of goods are independent, and even special cards are used for special customers. Because you can't know which customer's funds are related to you, big customers and scattered customers should distinguish between new customers and old customers to collect money.
8. Don't store a large number of business turnover cards, pay suppliers in time or provide your supplier account directly to customers for payment. Recently, some customers' core accounts have been frozen, which has greatly affected their business. They can't pay their suppliers' money, and employees' wages and living expenses have also caused problems.
In short, standardize the use of our accounts, standardize our legal identity, and improve the evidence chain of income as much as possible. If summed up in one sentence, it is: ordinary funds and perfect evidence.
conclusion
With the expansion of the application of network services, network fraud and telecom fraud are becoming more and more rampant. The "card-breaking operation" severely cracked down on the basic criminal tools of telecom fraud, which can be described as a radical measure and greatly reduced the number of telecom fraud cases. However, the "card-breaking operation" or related criminal cases often need to seal up and freeze the property involved, which is easy to implicate innocent people.