Online Marketplace Fraud and Legal Remedies in Turkey

Online Marketplace Fraud: Common Methods and Traps

With the rise of digital shopping habits today, second-hand goods buying and selling platforms serve millions of users. However, this intense interest also creates fertile ground for malicious individuals to develop new tactics. When examining the complaints frequently directed to our law firm regarding online marketplace fraud, it is observed that certain methods are repeated, especially on platforms like Sahibinden, Dolap, and Letgo.

The most common scenarios in which citizens are lured into traps are as follows:

• "Bargain" Listings Far Below Market Price and Deposit Traps: Scammers often list valuable items like cars, phones, or computers at prices far below market value, using the excuse of an urgent need for cash. This is where deposit scams for used cars or being scammed while buying a used phone begin. The perpetrator, posing as a seller, pressures the buyer by saying, "There are many applicants for this listing, I don't want to promise it to anyone else, send the deposit and I'll remove the listing," thus carrying out a typical deposit scam .

• Off-Platform Communication and Phishing: Perpetrators who want to avoid being caught by security filters lure the recipient off-platform by saying, "For faster communication, write to us via WhatsApp," instead of messaging through the system. At this stage , phishing, a type of fake advertisement scam, comes into play.

• Fake Payment and Shipping Links: When the recipient switches to WhatsApp, the perpetrator sends them a link that is an exact replica of the platform's secure payment page. This action is known in the literature as "fake link scam" or "my money is safe" scam . Supported by fake SMS messages claiming the money is safe , this system traps the victim in a fake payment link scam, causing them to unknowingly transfer money to the scammer's personal account.

• Fake Receipt and Shipping Scams: Fraud is not only directed at buyers but also at sellers. Perpetrators exploit vulnerabilities in the system by sending fake receipt images to sellers, pretending to have purchased the product, or by using fake shipping receipts to make it appear as if the product has been shipped and then demanding payment under the guise of shipping costs.

What does this mean?

Scammers often create a sense of urgency, shortening your thinking time. When someone says, "Many people want this, send a 1,000 TL deposit and I'll remove the ad," the money you send disappears in a second as the other party blocks you everywhere. When shopping online, the moment you click on a link sent via WhatsApp or send money to a private individual's IBAN number, outside of the app's secure payment system, you lose the consumer protection shield the app offers. Remember that SMS messages or receipts confirming your payment can easily be faked; completing transactions only through the platform's own mobile application is the most crucial rule.

Fraud Crime under the Turkish Penal Code (Turkish Penal Code Articles 157 and 158)

Following incidents of fraud on second-hand websites, the most frequently researched topic by citizens is the legal implications of the injustices they have suffered. These online scams, such as deposit fraud, are not considered ordinary consumer disputes under the Turkish Penal Code, but rather a serious crime subject to direct criminal prosecution. The legal framework of the crime operates as follows:

• Distinguishing Between Simple Fraud and Aggravated Fraud: Obtaining an unfair advantage by lying in a face-to-face, physical setting is considered "simple fraud" under Article 157 of the Turkish Penal Code. However, committing the crime through internet websites used by millions of people significantly increases the number of victims the perpetrator can reach and the danger of the crime, thus carrying a much greater legal weight and falling under the category of aggravated offenses.

• Article 158/1-f of the Turkish Penal Code (Use of Information and Banking Systems): The act of deceiving the victim through fake advertisements, fake links, or directly using personal bank accounts is defined in the law as information system fraud under Article 158 of the Turkish Penal Code. These actions, committed by using information systems, banks, or credit institutions as tools, constitute the crime of aggravated fraud.

• Predicted Prison Sentences and Fines: The penalties for aggravated fraud , and specifically for deposit fraud, which are frequently searched on search engines, are quite severely imposed by the legislator. The minimum prison sentence for such crimes starts at 3 years. Moreover, the punishment is not limited to imprisonment; the perpetrator is also sentenced to a fine equal to a certain multiple of the unjustly obtained benefit (damage). Due to the high upper limit of the penalty, the statute of limitations for aggravated fraud is also quite long, allowing perpetrators to be prosecuted even years later.

• Exclusion from Mediation: The answer to the question most frequently asked by victims seeking legal recourse – whether fraud is subject to mediation – depends on the method of the crime. Simple fraud offenses are referred to the mediation office, while aggravated fraud offenses committed through websites, fake payment links, or bank transfers (IBANs) are directly excluded from mediation.

What does this mean?

Fraud committed via internet or mobile banking is not a simple matter of debt collection in the eyes of the law. Legislators treat those who deceive people using the internet and banks as "serious" criminals. This means that when the perpetrator is caught, they cannot simply return the money and get away with it; they are directly tried in the High Criminal Court with a request for imprisonment.

First Aid Steps to Take When You Realize You've Been Scammed

After a transaction is made through a platform, the other party cutting off communication causes victims to frantically search on search engines for phrases like "I was scammed through Sahibinden, what should I do?" or "I paid a deposit on Letgo, they blocked me, what can I do?" . Instead of panicking at the first sign of suspicion, acting calmly and systematically is crucial for recovering the money.

The critical steps to follow immediately after the incident are as follows:

• Immediate Contact with the Bank and Request a Blocking Order: In scenarios frequently encountered on second-hand platforms, such as "I sent money to the IBAN but the product didn't arrive" or "I deposited money into a fake Sahibinden (Turkish online marketplace) site," time is the most critical factor. The answer to the question that comes to mind for victims , "I was scammed online, will the bank return the money?" , depends on the speed of intervention. The moment you realize you've been scammed, you should call your own bank and the recipient bank to whom you sent the money, create a suspicious transaction report , and request that the bank block the recipient's account and add a fraud annotation. Blocking the account before the scammer withdraws the money from an ATM or transfers it to another account is the most concrete solution to the problem of how to recover the money lost to the scammer .

• Complete Recording of Digital Evidence: Many people may angrily delete a conversation when they see that the suspect has blocked them. However, for a successful complaint process , the evidence gathering phase in internet fraud cases must be carried out meticulously. To prove claims such as "I sent a deposit and they blocked me" or "I sent money to Letgo but the product didn't arrive," the following should be immediately backed up: the listing details page, the seller's platform profile link, screenshots showing the dates and times of WhatsApp conversations, incoming SMS links, and the explanation sections of the bank statement.

• Notification to the Platform Provider: Whether the complaint is about money being withdrawn from a Dolap account or is due to a fake link, the listing number and suspicious user profile must be reported to the support center of Sahibinden, Dolap, or Letgo. This notification enables the platform to quickly suspend the relevant account, prevents the perpetrator from victimizing other users, and helps protect user data in any legal investigation that may be initiated.

What does this mean?

In fraud cases, the first 1-2 hours are crucial. Immediately call the bank associated with the IBAN you sent the money from and inform them that the transaction is fraudulent. This can help block the account before the money is transferred to other accounts. Also, don't delete the conversations thinking "it's recorded anyway"; save all screenshots showing the date and time.

Legal Process: Prosecutor's Complaint and Refund of Money Received

When victims fall into a scam, the first questions that come to mind are "I've been scammed, how can I get my money back?" and "Should I report a deposit scam to the police station or the prosecutor's office?" While it's possible to report it to the police station, in cases involving information systems, directly contacting the competent Public Prosecutor's Office speeds up the process. Although the statute of limitations for reporting internet fraud is wide due to its nature as aggravated fraud, swift action is essential to prevent the deletion of evidence and to track account transactions.

The legal and judicial mechanisms employed in this process are as follows:

• Complaint to the Public Prosecutor's Office: A comprehensive online fraud complaint should be filed with the on-duty prosecutor's office in the victim's place of residence or the location where the crime occurred. For example, a user asking, "I was scammed on the Dolap app, how do I file a complaint with the prosecutor's office?" should prepare a complaint that chronologically lists receipts, correspondence, and all identifiable digital traces of the perpetrator. A complete and well-structured complaint regarding cyber fraud directly affects the time it takes for an investigation to turn into a trial. The answer to questions like "How long does it take to file a criminal complaint with the prosecutor's office?" or "How many days does it take for a fraud complaint to be resolved?" depends on the clarity of the evidence and the speed at which the necessary documents are processed.

• Bank Account Holder (Mula/IBAN Holder) Liability: The first step in a prosecutor's investigation is the process of identifying the fraudulent IBAN number . In most cases, the money is transferred not directly to the actual fraudster, but to a third party's account (student, low-income individual, etc.). According to the established jurisprudence of the Supreme Court, in IBAN fraud investigations, defenses such as "I gave my bank card to a friend, I rented out my account" do not eliminate criminal liability. The account holder into whom the money was deposited is also prosecuted for complicity or aiding in the crime and is directly responsible for the resulting damage.

• Ways to Recover Lost Money (Legal Mechanisms): One should not rely on a single method for recovering the money; criminal and legal avenues should be used in a synchronized manner.

  • Reimbursement Under the Scope of Effective Repentance: A suspect being tried in a High Criminal Court may voluntarily compensate for the damage during the prosecution phase in order to avoid imprisonment or receive a reduced sentence. This is one of the most common methods of collection in the legal process for refunding deposits .

  • Unjust Enrichment Lawsuit: In cases where the suspect refuses to return the money, an unjust enrichment lawsuit is filed in the Civil Court of First Instance on the grounds of fraud . This procedure, commonly known as a lawsuit for the return of money in fraud cases, aims to collect the debt with legal interest.

  • Execution Proceedings Without a Court Order: Bank statements and correspondence can be presented as evidence to initiate execution proceedings against the account holder to whom the money was sent, in cases of fraud . If no objection is raised to the debt, the execution becomes final, and the perpetrator's bank accounts, real estate, and salary are seized.

What does this mean?

Filing a complaint with the prosecutor's office initiates the criminal process for the perpetrator to be imprisoned; however, the prosecutor's office does not directly put the money in your pocket. To recover the money, either the suspect is expected to voluntarily pay the damages in order to receive a reduced sentence, or simultaneously, enforcement/civil proceedings are initiated and their accounts are seized. Even if the IBAN to which the money was sent belongs to someone else, that account holder is also held primarily responsible.

The Scope of Legal Counsel in Internet Fraud Cases

Fraud committed on digital platforms involves far more complex and technical details compared to classic types of crime. In these cases, where money is distributed to different accounts within minutes, using a standard cybercrime complaint form downloaded from the internet often leads to delays in gathering evidence. Therefore, it is crucial for victims to seek the support of a specialist IT law attorney or cybercrime lawyer to prevent loss of rights.

The fundamental steps involved in managing legal processes are as follows:

• Monitoring the Investigation Phase and Official Memoranda: The progress of official memoranda sent by the prosecutor's office to the Information and Communication Technologies Authority (BTK), relevant banks, and platform providers (Sahibinden, Letgo, Dolap, etc.) is closely monitored. This ensures that the case is not delayed and that bureaucratic correspondence is expedited.

• Perpetrator and Asset Identification: IP addresses, port information, HTS (communication traffic) records, and account transactions used by fraudsters to conceal their identities are identified through legal mechanisms. The ownership of the accounts used in the crime and the final account to which the transferred money was transferred are revealed through technical and legal investigations.

• Simultaneous Execution of Legal and Criminal Proceedings: Waiting only for the prosecutor's investigation is often insufficient for the actual recovery of damages. To ensure timely collection of the debt, while the criminal case is ongoing, precautionary attachment orders are obtained against the suspect's assets and bank accounts, enforcement proceedings are initiated, and necessary debt collection lawsuits are filed in a coordinated manner.

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What does this mean?

In cyber fraud cases, perpetrators quickly transfer money to different accounts or crypto assets. Working with a legal professional ensures that prosecution correspondence proceeds swiftly without bureaucratic hurdles, that precautionary measures are taken against suspicious accounts in a timely manner, and that both criminal and enforcement proceedings are carried out in a coordinated manner to recover financial losses.

Are you a victim of online shopping fraud?

Losses resulting from deposits sent via fake links or fraudulent links on second-hand platforms require immediate intervention under cybercrime and criminal law legislation. To prevent the process from becoming time-barred, to avoid the destruction of digital evidence, and to ensure timely legal action is taken against suspicious accounts, you can take legal steps with a professional approach. It is recommended that you consult with a lawyer specializing in this field to ensure your situation is evaluated within a legal framework and your legal rights are effectively protected.

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Frequently Asked Questions (FAQ)

I was scammed with a deposit on a second-hand website. Should I go to the prosecutor's office or the police station?

Applications can be made to both authorities; however, to expedite the process and prevent delays in the technical investigation that will be conducted through information systems and bank account transactions, filing a criminal complaint directly with the on-duty Public Prosecutor's Office will speed up the process.

Can I get my money back from the scammer?

It is possible to recover the money sent. This can be achieved by expecting the perpetrator to repay the money with genuine remorse in order to benefit from a reduced sentence, or simultaneously, enforcement proceedings without a court order and a lawsuit for unjust enrichment can be initiated to seize their bank accounts.

What is the legal penalty for fraud on second-hand websites?

These actions, committed using websites, fake payment links, or bank transfers, fall under the category of "aggravated fraud" according to Article 158/1-f of the Turkish Penal Code. The penalty for this crime is imprisonment for 3 to 10 years and a judicial fine proportional to the multiples of the illicit gain obtained.

Is there a specific time limit (statute of limitations) for filing a fraud complaint?

Crimes of aggravated fraud committed using information systems are not among the crimes subject to complaint and are investigated ex officio. The statute of limitations for this type of crime is 15 years; however, in order to prevent the deletion of digital traces and to block bank accounts, the application must be made immediately.