Are you suspected of money laundering because money was transferred through your account? Then it has to be established what you did, where the money came from and what you knew or should reasonably have suspected about it. The mere fact that your name is on an account does not answer those questions. Even if you did not defraud the original victim yourself, however, you may still come under criminal investigation.
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The consequences can arise in several areas at once: a police investigation, a freeze on your account, a bank registration and a claim for compensation. Keep messages and bank records, stop passing on your account or payment instruments to others, and discuss any statement with a lawyer beforehand. Below you can read how the assessment works.
What money laundering means under the law
Money laundering concerns acts involving objects derived from a crime. Such an object can be money, a car or any other asset. The law lists various forms of conduct, including hiding or concealing, but also acquiring, possessing, transferring, converting and using. Not every form of money laundering therefore requires a complex structure involving several companies.
For intentional money laundering (opzetwitwassen), it must be proven that the suspect knew of the criminal origin. In certain circumstances, conditional intent (accepting a substantial risk) may be sufficient. Culpable money laundering (schuldwitwassen) concerns the question of whether the suspect should reasonably have suspected that the object was derived from a crime. A careless act does not automatically amount to money laundering without further assessment.
The various forms are set out in Articles 420bis et seq. of the Dutch Criminal Code (Sr). Which provision is relied on makes a difference to the evidence required and the possible sentence. Have the exact suspicion checked rather than relying only on the general word fraud in a letter from your bank.
What the police mean by a money mule
A money mule (geldezel) is a person whose account or payment instrument is used to receive other people’s money and move it on. This can happen after a victim has transferred money as a result of fraud. The money is then withdrawn, forwarded or converted, sometimes shortly after it arrives.
The term money mule describes a role; it is not a separate criminal offence with one fixed penalty. Depending on the facts, the suspicion may be, for example, money laundering, aiding and abetting, or involvement in fraud. Sometimes a person is approached with a story about a side job, a temporary block on another account or a quick fee for lending out a bank card.
Not everyone who is labelled a money mule has the same knowledge or influence. There may be deliberate cooperation, deception, pressure or exploitation of vulnerability. This must be investigated in concrete terms. A label in an official police report must not take the place of evidence about your own conduct and knowledge.
Which questions determine your position under criminal law
The assessment starts with the acts that can be attributed to you. Did you receive a payment yourself, withdraw money or confirm a transfer? Did you hand over your card, PIN or access to a banking app? Who used the device and who could log in? A complete overview matters more than one conspicuous transaction.
Next comes the question of knowledge. What were you told about the money? What warnings were there? Were you promised a fee that did not match what you were asked to do? Were you instructed to withdraw the money immediately or to answer questions from the bank differently? Taken together, circumstances like these can become significant.
Exculpatory information counts as well. Think of existing messages in which you are being deceived, a loss that was reported in good time, or demonstrable restrictions on your access. Your lawyer must be able to assess that information alongside the evidence the Public Prosecution Service (Openbaar Ministerie) is using against you. Simply saying that you knew nothing often does not, without context, fully answer what is in the case file.
Unusual money is not automatically criminal money
A large cash amount, an unexplained payment or an unusual pattern can raise questions. That is not the same as a proven criminal origin. The Public Prosecution Service must support the suspicion with facts and circumstances. In money laundering cases, a line of reasoning on the evidence may be used without one precisely identifiable predicate offence having been fully established.
Where enough circumstances point to a criminal origin, a concrete, verifiable explanation of a lawful origin that is not highly improbable from the outset can become relevant. This does not mean that the burden of proving guilt simply shifts to you. A verifiable explanation can, however, give reason for further investigation.
Lawful sources may be shown, for example, by wages, a sale, a loan or a gift. Gather existing documents that genuinely relate to the payment. Do not draw up a backdated agreement and do not ask anyone to confirm a transaction that never took place. An incorrect document can lead to a new suspicion and make it much harder to assess an origin that was in itself lawful.
Preparing a transaction overview
Prepare an overview for your lawyer for each flow of money. Note the date, amount, counterparty account, description and what you believed at that time the reason for the payment was. Also state which communications related to it and who gave you instructions. Leave uncertainties visible rather than filling in missing information yourself.
| Element | Example of useful information |
|---|---|
| Receipt | Bank statement showing the date and counterparty account |
| Instruction | Original conversation about the requested action |
| Control | Who had access to the card, app or phone |
| Follow-up | Withdrawal, transfer or freeze by the bank |
| Personal benefit | Fee actually received and supporting evidence |
| Response | Contact with the bank or police after discovery |
This information can be both incriminating and exculpatory. Share the complete overview with your lawyer and do not circulate it widely. Bank records also contain personal data of third parties. A carefully compiled file helps to trace flows of money without loose screenshots suggesting the wrong connections.
What to do if your account has been misused
If someone still has access to your banking tools, contact your bank through a trusted channel to stop any further unauthorised access. Use the official telephone number or your own banking app. Do not follow new payment instructions from the person who used your account, and do not on your own initiative send money you received back to an unknown account.
Keep the relevant communications before they are lost. Note usernames, telephone numbers, times and how you were approached. Do not delete conversations because they are uncomfortable. It is precisely the course of events that can show how the situation arose. Let your lawyer assess how this information is provided to the police or the bank.
Are there threats or specific risks to your safety? Say so explicitly. In case of immediate danger, call 112. An account of pressure or coercion must be investigated carefully and, where possible, supported by existing records. It is not a reason to carry out further transactions or to seek out the people involved on your own.
Preparing for an interview about money laundering
During a police interview you may be asked very detailed questions about payments, devices, contacts and times. It is understandable that you want to explain a mistake quickly. An unprepared statement can, however, turn out to be inaccurate, particularly when you do not yet know what information the police have.
As a suspect you have the right to remain silent and the right to legal assistance under the applicable rules. Discuss with your lawyer whether, when and on what subjects you will make a statement. The aim is not a rehearsed story but a considered choice based on the suspicion and the information available. Say so when you no longer remember something, and do not guess.
Check a recorded statement carefully and have any inaccuracies addressed. An amount, name or date can later play an important role. If you have been invited for an interview, also read the explanation about a letter from the police inviting you for questioning. If you are arrested, the steps described under the rights of a suspect apply.
A bank freeze and a criminal case are separate processes
A bank can ask questions about transactions and review the customer relationship. That review has a different basis from a police interview in a criminal case. A frozen account does not prove that you committed an offence, but it can have immediate consequences for your rent, wages and day-to-day payments.
Ask which measure has been taken, which account it concerns and what information is required. Keep letters and response deadlines. Remaining silent towards every organisation is not always a good approach: your rights and any contractual obligations differ from one process to another. Have your response to the bank’s questions aligned with the criminal case, so that your answers are factually correct and consistent.
If essential payments get stuck, make this concrete with documents. The legal options depend on the measure and the circumstances. A lawyer can assess whether urgent action is needed and which request to the bank is appropriate. Do not move money through third parties to get around a lawful freeze or attachment (seizure).
What an EVR registration means
A registration in the External Reference Register (EVR) can affect your access to financial services. An internal registration and an external registration are not the same. The duration and the grounds must also be examined separately. Do not assume, therefore, that every letter from a bank automatically means a registration for eight years.
A criminal conviction is not a necessary condition for a bank registration in every situation. Conversely, a bank may not take a far-reaching measure without sufficient grounds. The relevant conduct, the evidential basis and proportionality must be assessed under the applicable rules.
A dismissal (the Public Prosecution Service drops the case) or an acquittal can be important information, but does not automatically have the same effect in every bank file. Send the full decision and have the reasoning assessed for what it means for the registration. You can read more about this under fraud registrations in the EVR and other registers and challenging an EVR registration for fraud.
Damages claims and confiscation
A victim can, subject to conditions, claim compensation for damage caused by a criminal offence. In addition, the Public Prosecution Service may seek to confiscate unlawfully obtained benefits (ontneming). These are different questions: what damage was caused, what are you liable for, and what benefit did you yourself obtain?
The amount that passed through an account is not, without further explanation, the same as your own proceeds. At the same time, a small personal fee does not automatically mean that every other financial claim is limited to that amount. The legal basis and your involvement are decisive.
Keep both the overview of all transactions and the evidence of what you actually received or handed over. Make sure amounts are not counted twice without anyone noticing, and check whether a claim relates to the same transactions. A substantive defence can concern the legal basis, the link with the offence and the calculation, in addition to your position on the criminal suspicion.
What sentence may follow
The possible sentence depends on the form of money laundering that is proven and on the circumstances. The law distinguishes, among other things, intentional, culpable and habitual money laundering. The statutory maximum penalties are not a prediction of the sentence in an individual case. The amount, duration, role, previous offences and personal circumstances can make a difference.
For young suspects, juvenile criminal law may be relevant. It may also be examined whether someone was under pressure or vulnerable. These are not automatic exemptions from responsibility, but circumstances that must be carefully substantiated. See also the explanation of the rights of minor suspects.
A punishment order or settlement should not be assessed solely on the amount that has to be paid straight away. Your judicial record, a certificate of conduct (VOG) and possible consequences for banking services can weigh heavily. Discuss the full outcome, therefore, before you accept a decision or sign a statement.
A fictional example of two different situations
In the first situation, someone hands over a bank card in return for payment, receives instructions about quick cash withdrawals and gets warnings from the bank. In the second situation, an account is used without permission after login details were obtained through deception. In both cases the same account number may appear in a fraud investigation, but the acts and the knowledge differ fundamentally.
In both situations the assessment requires evidence. For the first person, it must be investigated what was actually agreed and carried out. For the second, access to devices, reports to the bank and digital traces are relevant, among other things. Describing yourself as a fraud victim does not by itself decide the criminal case.
This example shows why an individual timeline is essential. The defence must respond to concrete evidence and must not confine itself to general information about money mules. Unfavourable messages must also be taken into account, because a selective account can later be contradicted by bank or telephone records.
Making age and vulnerability concretely visible
Where someone is suspected of acting as a money mule, it can be important how that person was approached and what opportunity they had to see through the proposal. Age, language skills, dependency and demonstrable vulnerability can be relevant. They do not provide an automatic exemption, but nor may they be replaced by the assumption that every account holder has the same knowledge and resilience.
Gather existing information about how you were approached and any pressure applied. What explanation were you given, how quickly did you have to act and who was actually in control? If support or a disability is relevant, discuss with your lawyer what information is needed to substantiate this carefully. Do not share a complete medical file when a targeted explanation is sufficient.
Parents or support workers can help with paperwork and appointments, but should not fill in a statement on the suspect’s behalf. The suspect’s own recollection, the available records and the legal assessment remain separate elements. This helps to assess both criminal responsibility and appropriate support carefully.
Frequently asked questions about money laundering and money mules
Am I criminally liable if I earned nothing from the transactions?
Personal profit is not a required element of every form of money laundering. Acts involving criminal money can be punishable even without any fee. It must, however, be proven which acts you performed and what knowledge or culpability the applicable provision requires.
Is lending out my bank card always money laundering?
No, not every instance of lending out a card proves money laundering. The origin of the money, your acts and what you knew or should have suspected are essential. Handing over payment instruments can, however, become an important part of the evidence and of the bank’s investigation.
Do I have to prove where all my money comes from?
The Public Prosecution Service bears the burden of proving the offence. A concrete explanation of a lawful origin can nevertheless be relevant in a money laundering investigation. Discuss which flows of money are actually in dispute and which existing documents answer those questions.
Will my bank registration disappear after a dismissal?
That does not happen automatically. The bank must be able to justify its own measure. The ground for the dismissal can be relevant to a reassessment, but must be compared with the basis and the evidence for the registration.
Can I be both a suspect and a victim?
That is possible. A person can be deceived or put under pressure and at the same time be investigated for their own criminal involvement. Have both aspects recorded in concrete terms and discuss how any police report you file relates to your defence.
What documents does a lawyer need?
Gather letters from the police, letters from the bank, account statements, original conversations and a timeline. Also mention any seizures, blocked payment instruments and running deadlines. State clearly which information you know for certain and what still needs to be looked into.
Help with money laundering suspicions and financial consequences
Arslan Advocaten can assess the criminal suspicion and the related financial consequences. See our assistance with criminal law and fraud or contact us. Mention whether an interview has been scheduled and what measures the bank has taken, so that urgent steps can be decided on in good time.
Sources
Editorial team and responsible attorney
Editorial team: Arslan Advocaten. Responsible attorney for criminal law: Melanie Schulpen.
Last editorially updated: 22 September 2026. This general information is no substitute for an assessment of your own case.
