Attorney Shao Shiwei | What to Do If Your Bank Card Is Frozen? How to Expedite Unfreezing?

Money laundering assistance (“running points”), lending bank cards, withdrawing online gambling proceeds, receiving foreign trade payments, telecom fraud, private currency exchange, and trading virtual assets are high-frequency scenarios leading to card freezes by public security organs.

Before communicating with the officer, it is necessary to conduct a reasonable assessment of your own risks. There are two reasons for this:

1. If the bank card isfrozen by public security organs due to suspected criminal activity,frozen by public security organs due to suspected criminal activity,as there is a possibility that the individual may be directly subjected to criminal detention,it is necessary to make prior arrangements for your work and personal life before communicating with the freezing public security authority.

Otherwise,a sudden “disappearance” may lead family members to report you missing to the police(In practice, not all case-handling authorities will notify family members by phone immediately. Based on Attorney Shao’s experience, some authorities send detention notices to family members via registered mail. In one instance, we had successfully secured bail pending trial for the client within about a month, and the client had been released from the detention center, yet the family had still not received the registered mail).

Or duringthe detention period, the employer may directly terminate the individual’s employment on grounds of absenteeism(This is also a real case encountered by Attorney Shao: During the client’s detention, their family received a “Notice of Termination of Labor Contract” mailed by the company. Ultimately, the outcome was relatively favorable: I not only helped the client clear their suspicion of criminal involvement but also represented the client in suing the company. After undergoing labor arbitration, first-instance, and second-instance trials, we successfully obtained compensation for illegal termination for the client. Sigh, whenever I recall this case, I shed tears of bitterness; behind the ideal result was a arduous process of continuous struggle... I will not elaborate further).

2. If the bank card freeze does not involve criminal conduct, you may communicate directly with the handling officer.

For instance, ordinary crypto traders who receive illicit funds is a common scenario. In China, according to relevant policies, although trading virtual assets such as USDT is not protected by law, earning spreads from trading crypto assets itself is not a criminal offense.

Previously, a programmer friend of Attorney Shao consulted me, stating that he sold USDT worth RMB 100,000 online, resulting in his bank card being frozen. I asked if he had contacted the authority that froze the card and what the officer said. He replied, “I didn’t dare, fearing arrest... Isn’t trading crypto illegal? So I didn’t tell anyone about this, not even daring to ask the bank...” (The card had been frozen for nearly a year, and he dared not take any action).

In reality, it suffices to explain the situation normally and submit the required materials. Attorney Shao’s team has successfully handled multiple cases involving virtual asset trading where bank cards were unfrozen.

First, documents related to basic information, including identity proofs of the individual and legal representative, bank card information, business license and account opening permit, employee identity proofs, labor contracts, transaction statements from the freezing bank, and transfer payment vouchers, etc.

Second, corresponding materials need to be submitted based on different reasons for the card freeze, which is highly case-specific.

For example,if a foreign trade merchant’s card is frozen due to receiving or making payments,they need to provide transaction contracts, correspondence emails, shipping orders, receipt notes, etc.;

if the card is frozen becausethe individual was deceived by a loan company into fabricating transaction records,they need to provide information about the loan company, communication records between both parties, the purpose of the loan and related supporting evidence, a description of the incident, etc.;

if the card is frozen becauseof receiving payment for selling USDT virtual assets,they need to provide screenshots of transactions on the exchange, counterparty information, source of contact (e.g., Telegram groups), transaction statements, communication records, proof of the source of virtual assets, etc.;

if the card is frozen becauseof private currency exchange,they need to provide details of how they met the counterparty, the process of transaction negotiations, proof of transaction records, etc.;

The above are merely the most basic factual materials. Additionally, lawyers need to draft an application for unfreezing and provide legal opinions based on the facts described by the client, arguing the reasonableness, necessity, and urgency of the unfreezing. Furthermore, multiple rounds of communication with the handling officer are often required, and supplementary opinions on the unfreezing application may need to be submitted based on the communication outcomes. Additionally, if victims have filed reports, negotiations with the victims regarding compensation amounts may be required as a condition for unfreezing.

The above describes relatively smooth and ideal scenarios. However, in practice, numerous difficulties inevitably arise. For example, some clients have traveled to different locations seven or eight times to give statements and submitted materials multiple times as requested by the handling officer, yet their cards remain frozen; some cards have been frozen for two or three years, and the handling officer still cannot be contacted...