Marriage Fraud Across Borders: What Happens When a Turkish Citizen Defrauds an American?

🔹 1. Definition of the Crime: Emotional Exploitation with Criminal Intent

Marriage fraud occurs when one party deceives another into believing there will be a marriage, while the true purpose is to gain money or other material benefits. When this conduct crosses international borders—such as a Turkish national defrauding a U.S. citizen—it may trigger criminal consequences under both Turkish criminal law and U.S. federal law, as well as international cooperation protocols.

🔹 2. Sample Case: Turkish Man Defrauding an American Woman

🎯 Example: A Turkish resident, A.K., meets American citizen Jane D. on an online dating platform. He promises marriage and repeatedly asks for money (for a visa, plane tickets, wedding preparations, etc.). After receiving $20,000, he cuts off contact and disappears.

In this scenario:

• Jane D. files a complaint with U.S. law enforcement (FBI, Homeland Security).
• A cross-border fraud investigation is launched.
• The case may involve Wire Fraud (18 U.S.C. § 1343) or even Romance Scam classification.

🔹 3. Legal Process Under Turkish Law

According to the Turkish Penal Code:

📌 Article 157 – Basic Fraud

📌 Article 158 – Aggravated Fraud (e.g., emotional manipulation)

Penalties:

• 3 to 10 years of imprisonment for aggravated fraud
• Additional penalties if the offense is committed via electronic communication or by abusing emotional trust

Turkish prosecutors may open a criminal investigation upon complaint by the U.S. victim or ex officio if enough evidence is submitted.

🔹 4. Legal Framework in the United States

This conduct may be charged as:

• Wire Fraud (18 U.S.C. § 1343)
• Mail Fraud (18 U.S.C. § 1341)
• Confidence/Romance Fraud

In serious cases, the FBI or Treasury Department can:

• Submit a Mutual Legal Assistance (MLA) request to Turkey
• Seek Interpol red notice
• Investigate international wire transfers and asset locations via FinCEN

🔹 5. Extradition: Between Turkey and the U.S.

📌 There is a valid extradition treaty between Turkey and the U.S. (1981)

However:

• Article 38 of the Turkish Constitution prohibits the extradition of Turkish citizens.
• Still, Turkey can prosecute the offense domestically based on international evidence.

🔹 6. Legal Procedure in Practice

🔹 7. Civil Liability in Turkey

In addition to criminal charges, the American victim may:

• File a lawsuit in Turkey for unjust enrichment
• Demand moral compensation for emotional distress

Turkish courts recognize marriage fraud as a serious violation of trust and grant compensation accordingly.

🔹 8. Conclusion: No Longer Safe Behind Borders

In the digital age, international romance scams are increasing—but so are international legal responses. Both the U.S. and Turkey have established mechanisms to investigate, prosecute, and punish such cross-border fraud.

📌 Anyone who commits marriage fraud from Turkey against a foreign national is not beyond reach. Banking records, crypto tracing, Interpol, and bilateral treaties all contribute to ensuring justice for victims.

Prepared by:
Atty. Ferhat Küle
Expert in Criminal and International Criminal Law
Istanbul Bar Association