Introduction
Deposit fraud in Turkey (commonly known as kapora fraud) is one of the most frequent types of fraud encountered in real estate, car sales, and second-hand online platforms. Fraudsters typically publish an attractive advertisement for a house, car, or electronic item, ask the potential buyer to transfer a deposit (kapora) to “reserve” the product, and then disappear. Unlike a simple breach of a sales agreement, this conduct constitutes criminal fraud under Turkish law. This article explains the legal framework, relevant court interpretations, and the remedies available for victims of deposit fraud.
1. How Deposit Fraud Works
Deposit fraud schemes often share the same characteristics:
- Fake Listings: Fraudsters create online ads for apartments, cars, or goods at prices below market value to attract attention.
- Urgency: They claim there are multiple buyers and demand a deposit to reserve the item.
- Payment: Victims transfer money through bank transfer, EFT, or sometimes digital wallets.
- Disappearance: The ad is removed, the seller cannot be contacted, and the victim loses the deposit.
2. Legal Framework under Turkish Law
a) Turkish Penal Code (TCK)
- Article 157 – Basic Fraud: Deceiving a person through false statements for unlawful gain. Penalty: 1 to 5 years imprisonment.
- Article 158 – Aggravated Fraud: When fraud is committed through digital platforms or by exploiting trust, penalties rise to 3 to 10 years imprisonment plus fines.
- Application to Deposit Fraud:
- If the fraud occurs face-to-face, Article 157 may apply.
- If it occurs via internet platforms, social media, or online classifieds, it falls under Article 158/1-f (fraud committed through IT systems).
b) Civil Law Perspective (Turkish Code of Obligations)
- Normally, a deposit (kapora) in a valid contract is a security for performance.
- In fraud cases, however, there is no genuine contract—the perpetrator never intended to sell.
- Thus, the victim may reclaim the deposit under unjust enrichment (Articles 77–82) and tort liability (Article 49).
c) Consumer Law
- If the fraudulent seller is a registered company, the Law on Consumer Protection (Law No. 6502) may apply.
- Victims could apply to Consumer Arbitration Committees or Consumer Courts.
- However, most deposit fraud cases involve fake identities rather than genuine businesses, so criminal law usually applies.
3. Court of Cassation (Yargıtay) Approach
The Turkish Court of Cassation consistently rules that:
- If the seller never had the intention to deliver the product, taking a deposit constitutes fraud (dolandırıcılık).
- If the transaction occurred via online platforms, it is aggravated fraud due to the use of IT systems.
- If a genuine sales agreement existed but later collapsed due to disputes, this is a civil law issue, not a crime.
This distinction is crucial: only where fraudulent intent exists from the beginning will criminal liability apply.
4. Victim Remedies
a) Criminal Complaint
- Victims should immediately file a criminal complaint with the Public Prosecutor’s Office.
- Evidence: screenshots of the listing, chat history, bank transfer receipts, and witness statements.
- The prosecutor may prosecute the fraudster for aggravated fraud (TCK 158).
b) Civil Remedies (Compensation Claims)
- Victims can file a civil lawsuit against the perpetrator for:
- Return of the deposit under unjust enrichment.
- Material and moral damages under tort law.
- If the perpetrator is identified and has assets, victims may recover their losses through enforcement proceedings.
c) Claims Against Intermediary Platforms
- Large e-commerce or advertisement platforms have limited liability unless they acted negligently.
- If the platform failed to remove fraudulent content despite warnings, liability might arise.
5. Practical Challenges
- Anonymity: Fraudsters often use fake IDs or temporary phone numbers, making them hard to trace.
- Cross-Border Issues: If the fraudster is abroad, international cooperation (Interpol, bilateral treaties) may be necessary.
- Evidence Gathering: Courts rely heavily on digital evidence (IP addresses, bank logs). Victims must act quickly to preserve proof.
6. Prevention Tips for Consumers
- Never transfer deposits without a notarized preliminary sales agreement.
- Verify the seller’s identity and property documents (title deed, car registration, invoice).
- Use escrow or secure payment systems instead of direct transfers.
- Avoid deals that appear “too good to be true”.
7. Conclusion
Deposit fraud in Turkey is treated seriously under both criminal and civil law. When carried out through digital systems, it constitutes aggravated fraud punishable by up to 10 years imprisonment. Victims are not without recourse: they can pursue criminal complaints, civil lawsuits, and, in limited cases, consumer law protections.
In practice, victims often pursue both criminal and civil remedies simultaneously—seeking the offender’s punishment and the return of their money. The key factor is whether the offender had genuine intent to sell or acted fraudulently from the outset
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