Withdrawal regulations you must know if your funds are frozen, and your bank account is involved in a case!
This is valuable knowledge that no one in the industry on the entire internet will teach you. Today, I have organized this information for you, which will greatly help many friends who do not understand what it means for funds to be frozen or deducted.
The sources of this information are actually found in relevant laws and regulations. What you need to do is accurately find the sources and apply them flexibly. Many professionals actually do not know this, so you need to pinpoint it accurately. But why are lawyers reluctant to publish this on the internet? One reason is the understanding of the situation and the ability to write it in plain language, and another is the huge information gap; why would others share their livelihood for free?
Yes, apart from me, no one is willing to be good to you! Our focus is on transparency; we aim to eliminate the information gap and directly filter out low-end clients who want something for nothing. If you read my article and execute it yourself, you will be categorized as a low-end, ineffective client. If you read my article, find it valuable and correct, and are willing to pay to save your time, then we need high-end clients like you.
Today, let's talk about some regulations regarding the deduction and return of funds after an involved account is frozen. The original text comes from the "Regulations on the Return of Frozen Funds in Cases of New Types of Telecommunications Network Crimes," which we will refer to as the regulations.
What is frozen funds?
It refers to the funds that the public security organs freeze in accordance with legal provisions for specific bank accounts, with the assistance of banking financial institutions.
Each party has its responsibilities. For example, the public security organs are responsible for clarifying the flow of funds of the victims, promptly notifying the victims, and making decisions on the return of funds. The banking supervisory authority is responsible for urging and inspecting banking financial institutions in their jurisdiction to assist in inquiries, freezing, and returning funds. Banks need to assist public security organs in clarifying the flow of funds of the victims and returning the involved funds to the accounts designated by the public security organs.
A very important point here is that for cases of new types of telecommunications network crimes, after the public security organs freeze the involved funds, they should actively inform the victims. This means that the victims are the first to know how much money in their accounts has been frozen, which is a disadvantage for future negotiation and compensation.
Once the victims know that their funds have been frozen, they can submit a request for the return of the frozen funds to the freezing public security organ by filling out a "Telecommunications Network New Type of Crime Involved Funds Return Application Form."
The freezing authority will review the victim's application. If it is confirmed that the frozen funds indeed belong to the victim and the ownership is clear and undisputed, the procedures will proceed.
So why do I tell you to appeal the source of the funds as legitimate income immediately after being mistakenly frozen? At this point, the ownership is disputed, and they will not dare to deduct your funds, which is beneficial for subsequent negotiations or compensation discussions. Most amounts can be negotiated; if you ignore it, they will directly deduct the full amount.
The authorities will mark the involved funds with the timestamp of the transfer (the time recorded by the bank's electronic system) to check the flow of funds at all levels and restore the flow of funds one by one, creating a "Telecommunications Network New Type of Crime Involved Funds Flow Table."
These matters are very time-consuming; the authorities have to take notes and comfort the victims, so they do not have much time to handle everything. Therefore, they will first stop your account for three days and then proceed.
So I tell you about the golden 72 hours of involvement.
The return process is extremely complex and troublesome, usually taking six months to a year. Therefore, if we contact the handling officer immediately after the freeze, we can obtain the opportunity for negotiation and compensation. This compensation means that the officer will have you sign a voluntary compensation application, so you do not have to go through the fund return process!
So what kind of funds are eligible for return?
Frozen funds are returned based on the principle of tracing. If your frozen account has only a single remittance record, it can be directly traced back to the victim, which is what everyone refers to as first-level involvement, and can be directly returned to the victim.
If your account has multiple remittance records, and according to the timestamps, it can be directly traced back to the victim, it can be directly returned to the victim.
If the frozen account has multiple remittance records, and according to the timestamps, it cannot be directly traced back to the victim (which is second-level or higher involvement), it will be returned based on the proportion of the amount the victim was defrauded of to the total amount of frozen funds.
How is this calculated? There is a formula, but I am not good at math; if anyone understands, please let me know:
The freezing authority checks each timestamp and distinguishes the victim's share of funds based on the source of the intercepted funds. If the frozen account is Account A; the upper account of the frozen account is Account B (second-level involvement), which has multiple sources of funds; the upper account of Account B is Account C (first-level involvement), and the funds in Account C can be clearly traced back to a single victim.
For example:
The victim, Wang, was defrauded of 1 million yuan through telecommunications network fraud, and the criminal suspect transferred the funds to a lower-level account through layered transfers.
Outflow: 1 million yuan transferred from online banking to Account 002 (first-level involved account).
Outflow: Account 002 transferred 500,000 yuan to Account 003 and 500,000 yuan to Account 004.
Outflow: Account 003 transferred 500,000 yuan, with 200,000 yuan going to Account 005 and 300,000 yuan going to Account 006.
Inflow: Meanwhile, Account 006 received 150,000 yuan transferred from Account 007.
Outflow: Account 006 transferred 100,000 yuan to Account 008 and 350,000 yuan to Account 009.
Outflow: Account 009 transferred 180,000 yuan to another Account 010.
Freeze: At this point, Account 009 was frozen by the public security organs, with a total frozen amount of 170,000 yuan.
Based on the above case and the formula, where Account 009 is the specific timestamp A, Account 006 is the specific timestamp B, and Account 003 is the specific timestamp C, the calculation formula for the amount Wang should be returned is:
Math is too difficult, but the calculation method for this formula is roughly a 6.66 discount.
Because the involved funds in the third-level account 006 are 300,000 yuan, and 150,000 yuan of unrelated funds came in, the formula is involved funds divided by total funds multiplied by frozen funds, which equals 113,300 yuan. This is something that all peers and lawyers will not calculate for you.
For this proportional return, the public security organs will issue a 30-day announcement. During the announcement period, victims and other interested parties can raise objections to the return of the frozen funds, and the authorities must review them according to the law.
Please note this point: even after the funds are returned, your account can still undergo further freezing procedures; it does not automatically unfreeze after the return.
This is a point that everyone is most concerned about. Many cryptocurrency traders or retail investors say, "If I sell USDT for cash or deposit cash at the counter, won't that eliminate the risk?"
Actually, this is incorrect. Not to mention the bank's technical means, the laws and regulations also clearly state:
If the victim deposits cash into the involved account through an ATM or counter, as long as your account details match the victim's record (consistent), it can be returned.
During the return process, a "Telecommunications Network New Type of Crime Frozen Funds Assistance Return Notification" must be prepared, and two or more officers with identification and the notification must go to the frozen bank to handle the return.
This means that offline processing is required, which is often why it takes a long time; the bank must designate professional personnel to operate, and the deduction can basically be done on-site, taking no more than three days.
Have you learned a lot?
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