Today's topic is about online gambling: What are the costs and difficulties in applying to unfreeze a bank card involved in online gambling fraud cases? (Also, appealing a bank card freeze)
Every day, many friends come to consult because they have participated in online gambling, sports betting, etc., and have received funds related to the case, leading to their bank cards being frozen. They want to apply for unfreezing, but they are afraid of making a poor record and being held accountable. What knowledge points are involved in this process? Today, I will explain it to everyone.
When withdrawing funds from online gambling platforms, your bank card will inevitably be frozen. The reason is not because you participated in online gambling, but because during the withdrawal process, your account received funds from telecommunications fraud.
The "dog dealer" used funds obtained through telecommunications fraud to transfer to you (withdrawal). You thought you received the "dog dealer's" withdrawal, but in reality, it was black money directly transferred to you by the victim.
Understanding the underlying logic will help you know how to handle it. Therefore, as long as the funds withdrawn from the online platform lead to a freeze, you must carry out a process of returning the embezzled funds.
This is not your legitimate income; it is related to the case and must be returned to the victim or confiscated. Therefore, do not withdraw large amounts. You will also find it difficult to return the embezzled funds.
The biggest cost is that the funds related to the case must be returned, meaning if you withdrew 50,000, you have to return 50,000. For example, yesterday, someone consulted about this, and I helped him with a limited freeze. He withdrew 9,000, and the amount related to the case was 8,763.1 yuan.
If you want to apply for unfreezing, you also need to return the funds. The biggest cost lies here.
The second cost is that if you apply for unfreezing yourself, you need to bring evidence and bank statements to the location of the freeze to make a record. The cost is approximately 2,000 yuan for a round trip ticket, 300 yuan for a taxi, and 200 yuan for accommodation, totaling about 3,000 yuan for meals. If you hire a lawyer to accompany you, the overall cost will be around 20,000 yuan.
The benefit of hiring a lawyer is that you do not need to write the statement yourself, and if there are any elements of violation of laws and regulations, they can clarify it with you in advance. However, you must find a lawyer specializing in this field, not just any criminal defense lawyer who may not understand the process.
But in fact, there is no need to hire a lawyer for this process.
The most crucial point is that you must have a legitimate job and not be engaged in gambling as a profession, otherwise, you may be suspected of gambling crimes.
Many friends' frozen amounts are actually very small. When they think about returning the embezzled funds and the lawyer's fees, they feel it's not worth it. But I suggest that you really need to resolve this case. If you don't handle it, it may affect your other bank accounts, which would be a real loss.
Imagine you are at work, and your bank card is suspended, or you really need it for a good opportunity, then you will regret it.
Of course, our legal team handles these unfreezing cases very simply. If you entrust our legal team to help, we will communicate with the handling officer in advance, negotiate the handling process, and in most cases, you just need to sign the return and repayment. Most of the time, you don't need to personally go to another place, except for special cases.
If you really don't want to entrust the legal team to help you, what you need to do is apply for unfreezing yourself. Okay, back to the main point of this article, how to apply for unfreezing when your bank card is frozen due to online gambling involvement.
If you are someone who is proactive, doesn't want to spend money, understands some legal regulations and litigation processes, you don't need to hire a lawyer. You can apply according to this article.
If you want things to be simple, are willing to spend money, and don't want to spend time and effort, you can hire a professional lawyer or legal team to help you through the process.
Whether you spend money or not, whether you hire a lawyer or not, the process is the same. The difference lies in whether you spend time going through the process yourself or have a lawyer (legal team) help you through the process. Don't be intimidated by some lawyers. As long as you have a legitimate job and are not engaged in gambling as a profession, it's all manageable.
The key point is to tell the truth. Never fabricate or deceive. The handling officer can easily see through any falsehoods. This is just a sample unfreezing statement we provide based on your bank statements. You need to modify it according to your situation. Before contacting the handling officer, it's best if you have the case-related bank statements, the amount involved, the freezing institution, and the handling officer.
Statement on the Freezing of Bank Card of XX Bank
To the Criminal Investigation Brigade of XX Public Security Bureau, Officer XX:
I am XX, ID number: XXXXX, Han nationality, contact number: XXXXXX, working at: XXXXXXXXX, residing at: XXXXXXXX, email: XXXXXXXX.
Regarding the freezing of my bank account XX, I make the following statement: Fast Chain Legal Original (a team)
I have registered on a website called XXXX chess website (website address), during which I deposited tens of thousands and had X thousand left. I found out it was a scam and stopped playing. I then withdrew the remaining principal of X thousand. On XX day of XX month, XX minutes, the website transferred XXXX yuan to my bank card number XXXXXXXX. Statement template for applying to unfreeze online gambling
On XX day of XX month, this bank card was frozen. After inquiring at XX bank, I found that the card was frozen by the Criminal Investigation Brigade of XX.
Regarding this transfer, the basic process is as stated above. I do not know XX and have no means of contact with them. This is the principal withdrawal from the website, and I have not rented, lent, or sold the bank card. The card has been in my possession and used normally.
After the public security agency's investigation, the X thousand yuan transfer is related to the case. After understanding the policy, I am willing to return the embezzled funds and request the Criminal Investigation Brigade of XX Public Security Bureau, Officer XX, to unfreeze my bank card and restore my normal life. I promise not to participate in online chess games again, and I have deeply realized my mistake in this incident.
As I do not have the contact information of the handling officer, I am seeking help here, hoping that Officer XX can contact me to handle the return procedures.
Signature:
XX day of XX month, 2023 Statement template for applying to unfreeze online gambling
Then use this to contact the handling officer. Of course, there are other methods. My legal team usually takes two steps. The handling officer will usually contact us within about three days and then discuss the return and unfreezing matters.
Stay away from online gambling, cherish life. What if it involves a special task force?
First, it is important to clarify that you are just a participant, not someone who operates a gambling den, promotes agents, is a "dog dealer," recruits people, or collects fees, which would constitute gambling or operating a gambling den. If you make a living from this and do not have a legitimate job, you are not just a participant but have committed a criminal act.
As soon as a customer who has participated in online gambling and has previously deposited or withdrawn funds on the platform is caught, their bank card will be judicially frozen. In practice, many freezes are carried out by special task forces, and the bank cannot even find the freezing institution. In some cases, even if the participation in gambling occurred many years ago and the person has "repented," their card can still be frozen.
In this case, you need to provide the following materials:
First, number the evidence materials, such as A1 (bank card statements), to prove the purpose, usually to prove the deposit and withdrawal records.
A1 Bank statements: Use a special marker or pencil to mark the standard frozen amount. If there are many bank statements, select the page related to the frozen amount.
A2 Copy of both sides of your ID card, holding the newspaper of the day and the bank card.
This is very important to prove that your bank card was in your possession before today, and there was no renting, lending, or selling behavior (the first time this detail has been revealed on the entire internet).
A3 Provide evidence of legitimate employment, such as a work certificate, business license, social security certificate, labor contract, etc.
A4 Detailed description of how you entered the online gambling platform.
A5 How you engaged in online gambling (website address, pages, transaction process, deposit and withdrawal procedures), detailed information on the interface, etc.
A6 Recharge and withdrawal records on the online gambling platform, corresponding bank card statements, and display of login account. Multiple pages can be labeled as A601, A602. Present evidence of losses. Did you win? Figure it out yourself.
A7 Other materials: The serious impact of online gambling on your family life, medical records, loan certificates, mortgage certificates, children dropping out of school, financial difficulties. If you can obtain a certificate from the neighborhood committee/village committee/civil affairs bureau/street office/public authority, it would be even better, considering your personal situation for partial return of the embezzled funds.
A8 Statement and guarantee for the unfreezing application: Express deep remorse, a determination to reform, and start anew.
A9 A list of all evidence, like A1-A9.
If you are not involved in online gambling but received frozen funds related to online gambling through normal business transactions (such as running a store), receiving payments from friends, selling virtual currency, etc., there is no difficulty. You just need to provide evidence that the funds in your account have a legal source.
Just provide an explanation for each transaction and provide evidence, such as invoices for goods, store transaction records, U account statements, and chat records for friend repayments.
If you are appealing on your own, preparing these materials is sufficient. If you are entrusting a lawyer (legal team), after signing a contract, the legal team will provide you with a list of all the materials and issue relevant legal opinions. You just need to sign.
If the officer agrees to receive your materials (ignoring you again), my legal team's experience is to proceed in two steps. Generally, the handling officer will proactively contact our legal team within about three days, and then discuss the return and unfreezing matters.
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After completing the above steps, the handling officer will generally proactively contact you. If they do not contact you, it means the materials are incomplete, the method is incorrect, or key points have been omitted.
Remember, you only have one chance. When the officer calls, your first question must be: "Officer, may I ask your name?" This officer is your handling officer. If you finish the communication or have a poor communication and still don't know who your handling officer is, no one will give you a second chance.
Never let the officer say, "We have a case here, make a record." Otherwise, all your efforts will be in vain.
Your attitude must be mild, gaining the understanding, sympathy, or at least not causing aversion from the officer. Unless there are special circumstances, do not offend the officer. Do not seek verbal advantage at the expense of losing the actual frozen property interest. After all, the officers are handling cases, especially the grassroots officers who have a heavy workload, dealing with endless trivial matters, receiving countless calls, and handling numerous public grievances. Therefore, you must pay attention to the following points:
Maintain a good and sincere attitude, use respectful language such as "you" and "Officer X," listen more and speak less, do not interrupt the officer, answer questions directly, do not adopt a confrontational attitude, and do not expect understanding. Do not act arrogantly, especially if you are indeed involved in gambling. If you provoke the officer, it is possible to be administratively detained, and you will regret it. The officer's words can make you spend thousands of yuan on travel expenses to come to our place to understand the situation.
Contact the officer during normal working hours, avoiding rest periods: Try to avoid contacting them during their off-duty hours, lunch breaks, holidays, weekends, etc. Contact them after 2:30 PM, and not before 10 AM. Do not contact them on Mondays, as they usually have meetings in the morning.
Submit relevant materials as clearly and clearly as possible, with a detailed index, page numbers, and the purpose of the evidence. This way, the officer can quickly understand the content of the materials. If the materials meet the unfreezing conditions, the officer will be willing to initiate the internal unfreezing process (the internal approval process of the public security agency) because the detailed materials you provided do not require a large amount of sorting during the approval process.
If the materials are incomplete, there are doubts about the evidence, or your attitude is not good, the officer may ask you to go to the handling agency to make a record. In this case, try to avoid going to the handling agency if possible. If you can provide paper materials, try to avoid going. It is more appropriate to make a record at your local public security agency (mainly the police station). Regarding making a record, many people are concerned about the risks involved. Indeed, one wrong word could turn you from innocent to guilty. If you really have to make a record, bring the statement prepared by the legal team, do not speak randomly, and speak briefly and effectively according to the statement. Try to get the officer to send a request for assistance to the local police station.
After confirming receipt of the materials, promptly communicate with the officer about the plan, such as the proportion of returning the embezzled funds. This depends on your communication skills and abilities. If your situation is particularly unfortunate and you encounter an officer with a strong sense of sympathy, you are very lucky. However, in most cases, officers generally operate "within their authority." In such cases, having a professional legal representative to communicate on your behalf is much better.
Having complete evidence materials can lead to several outcomes:
No unfreezing: A non-unfreezing letter will be issued, and the legal team will appeal.
Full unfreezing: If it is found that the frozen funds are indeed unrelated to the case, the freeze should be lifted, and a non-involvement certificate should be issued (this certificate is difficult to obtain and requires repeated communication and negotiation by the legal team. The officer will generally refuse to issue it directly, and we will not provide it with a stamp. However, you must obtain this certificate to lift the bank's non-counter and other risk controls, or the associated accounts under the name of the involved account, as well as the two-card penalty label).
Limited freeze: The amount related to the case is frozen, which may be a major case. Other functions can still be used normally. For example, if there is 100,000 yuan in your account and only 10,000 yuan is related to the case, only 10,000 yuan needs to be frozen.
Partial return of the embezzled property: This depends on the communication skills and abilities of the legal team and the officer, as well as your actual situation. This situation generally involves negotiating with the local authorities and the victim, and may require making a statement. It is suitable for large freezes, but the funds are your own goodwill.
Continued freeze: Awaiting court deduction. If the officer believes that the gambling funds should indeed be deducted, they may be quite strict. However, in practice, this situation is almost non-existent. Our legal team encountered a case where the officer agreed to unfreeze after the person needed to return 30,000 yuan of the embezzled funds, but the person had no money left, and the frozen account only had 30,000 yuan.
Q1: Can I wait for the automatic unfreezing in six months? A1: Many clever people have said that if the case is minor, the bank card freeze generally lasts for six months. Since you have to return the embezzled funds anyway, why not wait for the automatic unfreezing or the court's compulsory deduction?
Leaving aside the question of whether the freeze will be extended after six months, there is no unfreezing record in the officer's system when the time is up. This means that if you have other matters or need to obtain an anti-fraud certificate from the bank, or lift the two-card penalty, you will find that they do not recognize your automatic unfreezing. They will require a "non-involvement certificate" issued by the freeze location, and if you have not made a record, they will not issue it.
The court's compulsory deduction is even more serious. Among all the evidence chains, the court's judgment is the most authoritative. Any organization or individual must recognize this evidence. The compulsory deduction means that you are deemed to be involved in the case and have participated in illegal activities. The amount deducted is determined to be illegal funds, so if you wait for the deduction to be made and then appeal, claiming that you were unaware, where were you all this time?
The bank's blacklist and the two-card personnel do not recognize your appeal unless you overturn the court's judgment, which is almost impossible.
An active unfreezing has an operational record, and any unit will recognize the unfreezing of the bank card as not related to the case (no non-involvement certificate is required). When the time is up for automatic unfreezing, any organization will default to considering it as related to the case and not resolved or excluded from suspicion, and will require you to provide a non-involvement certificate before recognizing it. This greatly increases the difficulty.
Q2: Will I be administratively detained by the public security agency if I go to make a record or… (for those involved in online gambling, violating the relevant provisions of the Public Security Penalty Law)?
A2: As long as you do not make a living from gambling and have a legitimate job, maintain a sincere and respectful attitude, have complete materials, and do not act extremely confrontational, you will generally not be subjected to coercive measures.
Q3: Do I have to handle it in another place? A3: Not necessarily. If you handle it directly, you generally have to go to make a record in person. However, if you have the legal team handle it and proactively communicate with the officer for the return of the embezzled funds or deduction, and there are no objections, you do not need to go to another place. Most non-professional lawyers will go to another place, increasing the cost for the parties involved.
Q4: Is returning the embezzled funds the key to unfreezing? A4: Be cautious about returning the embezzled funds. Whether to return the funds depends on whether you obtained them in good faith and whether the evidence you submitted is sufficient. If the facts are clear, the evidence is sufficient, and a legal opinion is provided (which requires the legal team's involvement), the officer will take it more seriously.
If strictly following the legal provisions, returning the embezzled funds and property is only required if you have obtained illegal gains. These measures are used as a prerequisite for obtaining lenient treatment for suspects or criminals in criminal cases.
If you are in the process of selling coins and receive funds related to the case without your knowledge, your encounter with the victim is not directly causally related. Because illegal gains must be present to be considered embezzled, and embezzlement requires a return.
Agreeing to return the embezzled funds and property in the absence of criminal activity is equivalent to admitting guilt and accepting punishment. It may be considered a way to quickly unfreeze the account, but it is not a complete way to clear the suspicion of involvement in the case. However, if the funds are related to gambling, returning the embezzled funds is definitely the simplest solution.
Q5: How to correctly return the embezzled funds?
A5: If you obtained the funds in good faith, the handling officer, from the perspective of a public servant, will want to do something practical for the people, especially for ordinary people who have been victimized by telecommunications and internet crimes. Regardless of the method, helping the victim recover some losses, regardless of the amount, is considered a gesture.
Sometimes, even if you did not directly participate in illegal activities, if the chain of funds related to the case leads to your account, as one of the parties involved, you may want to quickly resolve the issue and show some face or sincerity. In this case, we can take advantage of the situation and use the signing of a "Humanitarian Gift Agreement" to compensate the victim in a manner of giving rather than returning the embezzled funds, from the perspective of a party involved in the case, out of sympathy for the victim's situation. This way, we can negotiate with the public security agency or the victim to quickly lift the freeze on the funds and accounts.
This is a relatively perfect solution that all three parties—victims, frozen individuals, and the public security agency—can accept.
Q6: What should I do if I receive a call, text message, or inquiry notice from the officer asking me to go and cooperate with the investigation and explain the flow of funds?
A6: This is generally handled by a special task force. After receiving a request to cooperate with the investigation, all the items in this article apply.
Q7: What is the meaning of "退赃" (returning embezzled funds)?
A7: "退赃" refers to the act of voluntarily or involuntarily returning illegally obtained property directly to the victim or handing it over to the judicial authorities by the suspect, defendant, or criminal and their agents, based on legal regulations. "赃" refers to the illegal gains obtained by the defendant or the suspect through criminal means, including money and items.
Q8: What is the meaning of "退赔" (returning and compensating for embezzled funds)?
A8: "退赔" refers to the return or compensation of illegally obtained property to the original owner. The meanings of "退赃" and "退赔" are very similar and both are measures that can lead to leniency or reduced sentencing. However, there are subtle differences. For example, if the funds related to the case are directly obtained and cannot be returned in their original form, they can be compensated through a discounted or other agreed-upon method, which is then referred to as "退赔."
Q9: Do individual traders who sell virtual currency on a legitimate exchange and have their cards frozen need to return embezzled funds?
A9: If there is a genuine and reasonable trading background and no wrongdoing, even if trading virtual currency, the practice of requiring a loss to unfreeze the account is not something that I, as well as the current civil law order, can agree with.
Even if the legal relationship of the virtual currency trading contract is invalid, no one should benefit without reason.
If that were the case, then anyone could simply buy coins with high leverage in the coin circle, keep the profits, and then report being deceived if they get liquidated.
My legal team has handled several cases, one of which involved an amount far exceeding 1 million, and it was a case of OTC merchants being involved in black money. The victim, who was also blessed by mysterious forces, insisted on recovering the losses from us. After our legal team intervened, although it took a lot of effort, with our appeal strategy, not a single penny was returned, but the account was still unfrozen.
So, in many cases, unfreezing depends on professional thinking and your comprehensive understanding of the field, which determines whether the unfreezing plan you formulate is the most rational.
Q10: What is the cost of appealing and unfreezing a bank card in another location?
A10: Generally, popular online celebrity lawyers charge based on the frozen amount. The upfront fee is 10,000 yuan, and after successful unfreezing, they charge 10-20%. They will directly ask you to return the embezzled funds. If the amount is large, the upfront fee will also be high. If the unfreezing is unsuccessful, they will apply for a limited freeze, which means only the amount related to the case will be frozen. If it fails, they will no longer be entrusted, and regardless of the consequences such as being put on the two-card list or the bank blacklist, they will only handle the unfreezing of your bank card, and you will have to cover the travel expenses.
On the other hand, accompanying legal services assess the difficulty of the case and generally charge a one-time fee. The advantage of this approach is that the legal team will accompany you throughout the process and assess whether a return of funds is necessary, continuing to provide services until the unfreezing is completed. Another benefit is that during the unfreezing process, they will avoid the consequences of being put on the two-card list or the bank blacklist, or they will provide you with the evidence materials in advance and help you obtain a "non-involvement statement."
In summary, the fees of popular online celebrity lawyers are approximately a minimum of 4,000 yuan for travel expenses, around 10,000 yuan for upfront costs, and 10-20% after unfreezing, plus the amount you need to return. This is the total cost.
Those who charge 2,000-4,000 yuan for paid traffic on the internet are 99.9% scammers.
Whether or not you hire a lawyer, this article is sufficient for appealing and unfreezing a bank card.
If you're feeling lazy: Entrust my team to unfreeze your card for 1,000-2,000 U.
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