People who lend their account to receive a transfer and send it on usually assume that, since they deceived nobody, they have committed no crime. The Spanish Criminal Code also punishes whoever moves money of criminal origin through gross negligence, ignoring warning signs that were plain to see, with six months to two years in prison and a fine of one to three times the amount moved. On top of the sentence, that person is asked to repay the money, because their name is often the only one the victim and the court ever get.
At Perseus & RC Abogados I defend people in that position. I am Luis Jurado Cano, a criminal lawyer registered with the A Coruña Bar Association under number 6317, and I have spoken on digital investigation at INCIBE’s CyberCamp 2015. The general fraud page covers the other side, that of the people who lost the money.
How your account ends up in someone else’s fraud
The best-known route is a job offer. A company that claims to be abroad looks for a “payment agent” working from home, who receives money from supposed customers, keeps a percentage and forwards the rest by transfer, through a money transfer service or by buying cryptocurrency. There is a contract, a website and sometimes a video interview. In other cases it is an acquaintance whose own account is supposedly blocked, or an online partner who needs help receiving an inheritance. Others sold or rented out their account, card or login details, or opened an account in their own name and handed it over.
The money comes from victims of phishing, fake investments or rental scams. The victim reports it, the court asks the bank who holds the receiving account, and your name appears. That is why the summons often arrives months later, from a court in another province.
Knowing, negligent or part of the fraud
The same facts can be treated in three ways. If you knew the money came from a crime, it is money laundering under article 301 of the Criminal Code, punishable by six months to six years in prison and a fine. If you did not know but the signs were so clear that anyone in your place would have been suspicious, it is laundering through gross negligence, with the lower penalty. And sometimes the prosecution treats you as a participant in the fraud itself.
Being the account holder is not enough for a conviction. What counts against you is a commission out of proportion to such a simple task, senders you did not know, pressure to act fast, instructions to withdraw cash or buy cryptocurrency, and warnings from your bank that you ignored. What counts in your favour is an offer that looked genuine, acting openly under your own name, stopping as soon as the bank raised the alarm, cooperating with the police, and your own circumstances. Selling an account is harder to explain, because it is difficult to say why anyone would pay to use someone else’s account except to hide behind it.
The money you will be asked to repay
A conviction brings an order to repay the victim what passed through your account, together with the others responsible, even if you kept only a small commission, and the fine is calculated separately on the same amount. Even with an acquittal you may have to return what you kept, because the law requires anyone who benefited from the proceeds of a crime to give them back. Repaying before trial lowers the sentence, and if the sentence is two years or less and you have no record, paying or undertaking to pay according to your means is what allows it to be suspended. The victim’s side is explained in online scam in Spain, how to recover the money.
What to do from today
Stop receiving and forwarding money now, even if your recruiter insists. Do not withdraw what is left in the account. Keep the job advert, the contract, emails, chats, the profiles of the people who contacted you and the receipts for every transfer in and out, because that is the basis of your defence and shows how you were deceived yourself. Do not give a statement to the police or the court without a lawyer and without first seeing the file. If you have been reported for fraud for other reasons, see accused of fraud.
Where we are
Rúa Torreiro 13, 3.º C, 15001 A Coruña, Spain. Phone +34 677 841 007. If the summons comes from another province or you live elsewhere, we start by phone or video call, in English.
Frequently asked questions
I was offered a work-from-home job receiving and forwarding transfers. Is it legal?
No. No legitimate company needs a private person's account to move its money, and the so-called job consists of passing fraud proceeds through your account. Whoever does it can be investigated for money laundering even without knowing where the money came from, if there were reasons to suspect. If you have already done it, stop today and keep the whole conversation with whoever recruited you.
I sold my bank account. What can happen to me?
You can be investigated for money laundering, knowingly or through gross negligence, or as a participant in the frauds committed with it, and be ordered to repay the money that went through it. Someone who sold the account will find it harder to argue they suspected nothing, and the buyer still holds your details.
My bank has frozen my account after I received a transfer. What should I do?
Do not withdraw or move that money, and ask the bank in writing why the account was frozen. It usually means the sending bank has reported a possible fraud. Keep everything that explains why you received the transfer and speak to a lawyer before giving explanations to the police, because that conversation can be the start of an investigation against you.
Do I have to repay money I did not keep?
If you are convicted, usually yes, because the judgment orders you to repay the victim what went through your account, jointly with the others responsible, even if you forwarded it. If you are acquitted you may still have to return at least the commission you kept. Repaying before trial also reduces the sentence.