Different freezing scenarios require different explanatory approaches.
The freezing of bank cards is a measure taken by public security authorities to investigate cases. Upon receiving reports from victims, public security authorities will manage and control bank accounts associated with funds involved in the case to prevent the transfer of such funds and to further investigate the facts.
If Person A commits information network fraud against Person B, while simultaneously having a legitimate transaction requiring payment to Person C, Person A may instruct Person B to deposit the funds into Bank Card A (held by Person C). Subsequently, the funds in Bank Card A are transferred to Bank Card B (held by Person D) for other reasons. When public security authorities prepare to pursue the perpetrator of the fraud, both Bank Card A and Bank Card B will be frozen.
This is a commonly observed scenario. For the holders of Bank Card A and Bank Card B, the freezing of their cards appears sudden and "unjustified." At this point, Holders C and D may feel that their bank cards have been subjected to "collateral damage."
There are many similar situations.。
Cardholder E occasionally buys and sells USDT (Tether) as a hobby. On one occasion, shortly after receiving payment from a buyer for selling USDT, the bank card used to receive the funds was frozen. The reason was that the incoming funds were problematic.
Cardholder F engages in foreign trade business and had their bank card frozen after receiving problematic funds during transactional dealings.
Additionally, some cardholders, by chance, lent their bank cards to others for use. Due to improper use by these third parties, the cards received funds involved in illegal activities, resulting in the freezing of the cardholders' own bank cards.
Apart from the aforementioned scenarios,we must specifically remind cardholders who participate in online gambling.Although internet users cannot verify the source of withdrawal funds from such platforms, online gambling itself is an act cracked down upon by laws and regulations. Once the withdrawal funds from an online gambling platform are identified as funds involved in a case, it becomes difficult for the cardholder to assert their lawful rights and interests over these funds after their bank card is frozen.
From these examples, it can be seen that the situation where a bank card is frozen as "collateral damage" refers to cases where the cardholder has not engaged in any illegal or criminal conduct, nor had any intent to participate in illegal or criminal activities. Instead, the card is frozen due to external causes, such as the unlawful acts of others, during the course of the cardholder's normal work, life, and daily activities.
In such situations, regardless of the reason why the cardholder's bank card received funds involved in the case, the cardholder was unaware and could not have known about the criminal facts related to these transactions. They are merely a "scapegoat" bearing the adverse consequences.
Is the Freezing Purely "Collateral Damage"?
I. Matters Commonly Requiring Explanation
So, if our bank card has been frozen purely as "collateral damage," how should we proceed with unfreezing it and explaining the situation to public security authorities?
To request unfreezing, the statement of circumstances prepared by the cardholder must address both common and specific aspects. Let us first share the common points.
First, the cardholder needs to explain their basic personal information.This includes: (1) identity information, such as name, ID number, and contact details; and (2) bank card information and freezing details, including the bank card number, opening bank, when the freezing was discovered, and the amount held in the bank card.
Second, the cardholder needs to explain what they know regardingthe reasons and circumstances for the inflows and outflows of funds related to the case, the identity of the counterparty, and the relationship between the cardholder and the counterparty.
Furthermore, it is advisable for the cardholder to provide a brief explanation of theiremployment and sources of incometo demonstrate legitimacy.
II. Key Points Requiring Explanation Based on Specific Scenarios
In addition to the common points mentioned above, cardholders whose bank cards have been frozen as "collateral damage" must also explain their specific circumstances when seeking unfreezing. The focus of the explanation and the supporting evidence submitted will vary depending on the cause of the freezing. Below are several examples.
If the cardholder's bank card was frozen due to selling USDT (Tether),they need to explain: whether the transaction was conducted on-exchange or off-exchange (OTC), how the buyer was contacted, the buyer's identity information, and any other known details.
If the bank card was frozen because it was lent to another person for use,they need to explain: the reason why the other party borrowed the bank card, the relationship between the cardholder and the other party, the cardholder's knowledge of the subsequent use of the bank card, and the amounts involved.
If the bank card was frozen due to foreign trade transactions,they need to explain: the identity information of the counterparty and their company, the agreed terms of the transaction (contract), and the actual progress of the transaction, such as shipment and transportation timelines.
If the cardholder's bank card was frozen due to withdrawing funds from an online gambling platform, as previously mentioned, there are elements of non-compliance with laws and regulations on the part of the cardholder. If the frozen bank card significantly impacts the cardholder's work and life, or if there is a substantial balance in the account aside from the funds involved in the case, unfreezing may be necessary. It is recommended to first consult with professionals for an assessment before contacting public security authorities to provide an explanation. Meanwhile, cardholders must recognize the harms of online gambling and proactively distance themselves from it.
Conclusion
In summary, if a cardholder has not engaged in illegal or criminal conduct either subjectively or objectively, but their bank card has been frozen by public security authorities as "collateral damage" due to the actions of others, the cardholder should actively prepare materials to request unfreezing amidst their confusion, so as not to disrupt their normal life.
If cardholders encounter situations similar to the examples discussed today and are unsure how to apply for unfreezing or provide explanations, or if they have other specific questions, they may contact us for assistance.
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