AZE.US
A large sum appearing unexpectedly in a bank account does not make the account holder its legal owner, even if the money is already available on the balance.
The issue has drawn renewed attention following reports that an Azerbaijani living in Turkey received billions in an apparent erroneous transfer.
Lawyer Rashad Aliyev told Demokrat.az that money transferred by mistake remains subject to return.
“If a person understands that the funds do not belong to them but still withdraws, spends, transfers or attempts to conceal the money, legal liability may arise,” Aliyev said.
The recipient could also be required to compensate for any losses caused by using the funds.
An incorrect transfer does not automatically turn the account holder into a criminal, however. Authorities would generally need to establish that the person knew the money was not theirs and deliberately attempted to keep or use it.
Cases may be assessed differently when a person is unaware of the transfer and continues using the account normally. Investigators would consider whether the recipient knew about the mistake, how the money was used and what actions were taken after the transfer was discovered.
Aliyev advised account holders not to spend money of unknown origin and to contact their bank immediately.
“The key issue is not how the money entered the account, but what the person does afterward,” he said.
Cooperating with the bank and taking steps to return the funds can be important in any legal assessment. Attempts to withdraw, hide or spend the money in Azerbaijan may lead to civil liability and, in some cases, criminal charges.
AZE.US