One of the hottest topics on social media today is the freezing of the bank accounts of many innocent bank customers, mostly retailers, because they may be linked to online scammers. The controversy has attracted the interest of several lawyers, who have been sharing their opinions publically.
Lawyer Nitithorn Kaewto wrote in his Facebook post asking why commercial banks are freezing the bank accounts of the suspect customers, rather than just the amount of suspect money transferred into them. The current practice is rendering its innocent victims unable to access to their own money and is affecting their businesses.
He also wonders whether many vendors dare to ask their customers, when they make their payments through online systems, such as QR codes, whether their money is coming from a mule account.
A second lawyer, Anusorn Arsurapong, noted on Facebook that, when a person’s bank account is frozen by his bank, he loses access to his own money and incurs the risk of payment default, cheques bouncing (which is a crime in Thailand) and resultant legal action.
He also asks that, if the owner of a frozen account subsequently proves themselves innocent, who will be held accountable for the damage they have suffered. The banks will claim that they acted on a request from the police, while the police will claim that they acted within the framework of the law.
A third lawyer, Ronnarong Kaewpetch, said that banks should be held accountable and the victims should sue the banks for compensation, because the banks are responsible for the freezing mechanism.
He also noted that the damage incurred could include the amount of money frozen, loss of business opportunities, loss interest on deposits and loss of reputation.
A fourth lawyer, Decha Kittivittayanan, said innocent victims could file both civil and criminal suits to get their accounts unfrozen, because banks cannot freeze accounts without a valid reason.
Another question remains over whether a bank account in Thailand can be frozen without a warrant being issued by a court or other competent authority, as is usually required in many jurisdictions worldwide.
An urgent meeting is under way today, involving the Bank of Thailand, the Cybercrime Investigation Bureau and commercial banks, to seek ways to improve the procedures for freezing and unfreezing the bank accounts of people suspected of being linked to illegal activity.
