Illegal Betting Investigations and Legal Proceedings: MASAK Reviews, Bank Account Freezes, and Suspects’ Rights

In recent years, investigations into illegal betting and online gambling activities in Türkiye have had significant consequences under both criminal and administrative law. In particular, many individuals are being reviewed and investigated on the basis of MASAK analyses, examinations of bank transactions, data obtained from electronic money institutions, and digital evidence.

These processes may encompass not only individuals who manage illegal betting organizations, but also individuals considered to have placed bets, those who allow third parties to use their bank accounts, those alleged to have facilitated money transfers, and, in some cases, citizens whose accounts have been used without their knowledge. It is therefore essential to assess each case on the basis of its own evidence, determine each person’s legal status correctly, and prepare a case-specific defence. At Esenyel & Partners, we provide comprehensive legal advice to protect our clients’ rights in administrative and judicial proceedings relating to illegal betting investigations.

Is Placing Illegal Bets a Criminal Offence?

One of the most common public misconceptions is that every act connected with illegal betting constitutes a criminal offence punishable by imprisonment.

However, Law No. 7258 on the Regulation of Betting and Games of Chance in Football and Other Sports Competitions prescribes different legal sanctions for different acts.

A person’s legal position in the case must therefore be determined first.

1. Placing Illegal Bets

As a general rule, placing bets through unlicensed betting websites operating abroad is regulated as conduct subject to an administrative sanction, rather than as a criminal offence punishable by imprisonment.

The applicable sanction in such circumstances is an administrative fine.

However, this conclusion cannot be reached in every case. If the evidence obtained by the public prosecutor’s office indicates that the person did not merely place bets, but also assumed another role within the organization, the legal characterization of the case may change completely.

2. Operating Betting Services and Participating in an Organization

Under Law No. 7258:

• those who operate betting services,
• those who advertise and promote such services,
• those who facilitate money transfers,
• those who establish an illegal betting organization,
• those who use electronic money accounts in an organized manner, and
• those who make their bank accounts available for transferring the proceeds of crime

may be subject to imprisonment and judicial fines. The most critical issue in such investigations is therefore determining whether the person was a ‘bettor’ or an ‘organizer or intermediary’.

Does the Use of a Bank Account Always Constitute a Criminal Offence?

One of the most common subjects of investigation in recent years has been the use of bank accounts by third parties. However, not every bank transaction automatically constitutes a criminal offence.

The public prosecutor’s office assesses:

• the chain of transfers,
• communications records,
• digital materials,
• MASAK analyses,
• incoming and outgoing funds,
• the volume of account activity, and
• the account holder’s financial circumstances

together before reaching a conclusion.

In particular, allegations involving:

• renting out an IBAN,
• making an electronic money account available,
• allowing an account to be used in return for commission, or
• facilitating cryptoasset transfers

may give rise to serious criminal investigations.

By contrast, the legal position may be entirely different where an account was used without the holder’s consent, the holder was a victim of fraud, or the transactions arose from other commercial activities.

The investigation file must therefore be examined in detail.

What Is a MASAK Review?

MASAK (the Financial Crimes Investigation Board) is an administrative authority that analyses financial transactions in order to detect financial crime.

In illegal betting investigations, MASAK reports are prepared using data concerning:

• bank transactions,
• money-transfer chains,
• cryptoasset platforms,
• suspicious transaction reports, and
• electronic money institutions.

However, a MASAK report does not, in itself, amount to a conclusive conviction. The report’s assessments may be examined from legal and technical perspectives, deficiencies may be identified, and an expert examination may be requested where necessary.

Freezing Bank Accounts

One of the measures most frequently encountered in illegal betting investigations is the freezing of bank accounts.

Account freezes may be imposed in accordance with:

• a decision of the public prosecutor’s office,
• a decision of a criminal judgeship of peace, or
• a request from the investigating authorities,

depending on the circumstances.

An account freeze may make it impossible to use:

• business accounts,
• company accounts,
• salary accounts, and
• investment accounts.

Depending on the nature of the investigation, it may be possible to object before the relevant authorities, seek a review of the proportionality of the measure, and submit the necessary legal applications.

Challenging Administrative Fines

Administrative fines imposed for allegedly placing illegal bets are not final.

The lawfulness of the decision may be reviewed by applying to the competent criminal judgeship of peace within the period prescribed by the relevant legislation.

An application challenging a fine should address, in particular:

• proof of the act,
• the limitation period,
• procedural deficiencies,
• the reasons for the decision,
• the lawfulness of the evidence,
• the determination of the amount of the fine, and
• the possibility that action was taken against the wrong person.

These matters must be assessed in detail, having regard to the circumstances of each case.

Review of the Limitation Period

In the law governing administrative offences, limitation periods are important mechanisms that restrict the administration’s power to impose sanctions.

The following should therefore be examined:

• the service of notice,
• the applicable legislation,
• the date on which the act occurred, and
• the date of the administrative sanction decision.

Each of these matters requires detailed examination.

The limitation period must be assessed in each case according to its specific circumstances.

Why Is Legal Assistance Important Before Giving a Statement?

One of the most important rights of a person summoned to give a statement as a suspect is the right to assistance from defence counsel.

Particular care is required in cases involving allegations of:

• money transfers,
• links to a criminal organization,
• allowing others to use an account,
• money laundering, and
• the use of information systems.

In such cases, it is essential to assess the file before a statement is given. Even a single sentence used in a statement can alter the scope of the investigation. Obtaining legal assistance is therefore important for the effective exercise of the right of defence.

Legal Services Provided by Esenyel & Partners

Each illegal betting investigation has distinct evidence and legal issues.

Each case therefore requires a tailored strategy, rather than a standard defence.

At Esenyel & Partners, our legal services include:

• challenging administrative fines,
• submitting applications to criminal judgeships of peace,
• conducting appeal and cassation proceedings,
• assessing MASAK reports,
• providing legal assistance during statements and judicial questioning,
• preparing a defence in criminal proceedings,
• reviewing illegal betting investigations, and
• applying for the removal of bank account freezes.

We provide tailored legal advice in each of these areas.

Conclusion

Illegal betting investigations are multifaceted proceedings requiring technical knowledge not only of criminal law, but also of administrative law, financial crime, banking law, and digital evidence.

The legal position of each person subject to action in an investigation is different. The person’s role in the case, the evidence obtained, the nature of the financial transactions, and the scope of the investigation must be considered together.

To prevent the loss of rights, it is particularly important to meet the time limits for challenging administrative fines, review the legality of measures affecting bank accounts, and obtain professional legal assistance before giving a statement.

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