Receipt of funds of unknown origin

I received funds of unknown origin: Can I be held criminally liable?

The receipt of funds into a bank account whose origin is unknown can be a disconcerting circumstance, raising questions and doubts.

First and foremost, it is important to emphasize that, in the event of receiving an amount whose origin cannot be ascertained, such funds must not be moved or spent. The recipient should instead adopt a cautious approach, namely by contacting the banking institution where the account is held in order to attempt to determine the origin of the transfer.

It should be noted that under Law no. 83/2017, which establishes Measures to Combat Money Laundering and the Financing of Terrorism, banking institutions have a duty to examine any indication of illicit origin of funds or of their clients’ activities, taking into account numerous factors, including the nature, frequency, and origin of the transactions, as well as the socioeconomic profile of the parties involved, pursuant to Article 52 of the said Law.

Ultimately, institutions may even proceed to block the bank account if they identify such suspicions.

Consequently, it is of utmost importance not only to retain any documents or communications that may justify the receipt of monetary amounts, but also to act promptly and diligently if the recipient is unable to identify the origin of such transactions, whether through the banking institution or by contacting the judicial authorities.

In this way, and with appropriate legal advice, possible suspicions of illicit activity may be prevented, in particular regarding the crime of money laundering, as set forth in Article 368-A of the Penal Code.