International money transfers and suspected money laundering – risks for international students and professionals

International students and professionals know the challenge: thousands of kilometers separate them from their families, time differences complicate planning, and digital communication is unreliable. Relatives—especially parents— want to support their children , for example, by transferring funds for tuition fees, rent, or everyday expenses. International students, in particular, are sometimes entirely dependent on regular support payments from their parents if they don't have a blocked account (basic income support according to Section 5 Paragraph 1 No. 1 of the German Residence Act ). No one considers the risk of criminal prosecution , police involvement, or money laundering. But we have now received just such a case.

Case study: From family support to summons from the State Criminal Police Office

The case we encountered initially seemed harmless: Parents from a high-risk country (such as Iran, Nigeria, or Syria) instructed a local business to send a monthly rent payment of €500 to their son's landlord in Germany via international transfer . Suddenly, the State Criminal Police Office (LKA) contacted them with a summons: suspected money laundering! What the parents were unaware of was that hidden money laundering prevention processes were in place, and a bank had reported the transfer from a high-risk country to the Financial Intelligence Unit (FIU) . The police suspected illegal transactions (a so-called Hawala banking pattern ) and took action.

This problem doesn't only affect students. Something similar can happen to skilled workers : for example, foreigners transfer money from Turkey or Pakistan to Germany , which triggers a FIU report from the bank. A summons then arrives by mail, either as a witness or a suspect. in criminal proceedings. A summons to appear as a witness may seem harmless at first, but it should not be underestimated. Criminal proceedings usually involve two charges: unauthorized payment services ( § 63 ZAG ) and money laundering ( § 261 StGB ).

Transfer to Germany and criminal liability under the Payment Services Act

Those affected are often completely unaware that they are acting wrongly . In their home country, for example, so-called "exchange shops" are perceived as reputable – whereas German tax authorities, in the worst case, consider them illegal payment service providers (§ 63 ZAG). However, professionals and students are rarely directly involved with unauthorized payment service providers (§ 63 ZAG) such as Hawala banking. With legal assistance, this can often be clarified without difficulty. § 63 ZAG is directed against the providers of the unauthorized payment service and not against the payment recipient (see, for example, the Higher Regional Court of Düsseldorf, October 24, 2022 - III-1 Ws 131/22 ). The police are also less concerned with gullible users than with the networks behind them , which often allows for an out-of-court settlement of the allegations.

Negligent money laundering § 261 StGB

The charge of negligent money laundering (§ 261 para. 6 of the German Criminal Code) requires a certain degree of legal expertise. The central question is whether the recipient could have recognized the illegal origin of the money. This depends on various factors, such as the country of origin , the choice of the specific payment service provider , and the wording of the message to the parents. People who are not yet fully fluent in German often find later that their statements are not reflected in the official record as they were intended. Even minor oversights can have significant consequences and, in the worst-case scenario, lead to deportation . In addition to a conviction, serious measures such as account freezes , asset seizure , and house searches can be imposed.

What to do if you receive a summons.

But how should those affected deal with these situations? Many sincere and honest people feel a strong urge, when summoned, to deflect the accusation from themselves and their family. They might think, "I haven't done anything wrong, I just have to explain myself." Important: Don't follow this impulse and remain calm. Exercise your right to remain silent ( § 136 of the German Code of Criminal Procedure ). Even if students and professionals often become part of investigations through no fault of their own, it is important to seek legal counsel immediately at this point and not to make any statements beforehand. Often, in these cases, reviewing the case file is necessary before taking any action.

Prevention against suspected money laundering

To prevent such situations from arising in the first place, it's helpful to research and choose authorized payment service providers . If your relatives are making the transfer for a specific purpose (rent, birthday, tuition fees, pocket money), this purpose should be clearly stated. Similarly, unusually large or frequent transactions should raise suspicion. Thorough documentation and safekeeping of your records can also defuse many situations. Furthermore, you should be aware of whether your relatives live in a high-risk country. In such cases, even a suspicion can lead to negative consequences. At the same time, many situations can be resolved through professional communication with the authorities. To achieve this and to develop the optimal strategy as early as possible, you should consult a specialized lawyer as soon as possible .

Conclusion: Money transfer to Germany, foreign criminal law

What begins as a matter of course within families can quickly escalate into criminal matters in Germany. International students and professionals often find themselves in a legally sensitive area when making money transfers abroad, without realizing it. Transfers from so-called high-risk countries, in particular, can trigger automated money laundering checks and lead to police investigations – even when they involve legitimate and necessary family support . Experience shows that careless declarations, hasty statements, or informal payment methods can significantly worsen the situation. Therefore, prevention, transparency regarding the purpose of payments, the use of regulated payment providers, and a level-headed approach in an emergency are all the more important. Seeking legal advice early and knowing one's rights can help avoid unnecessary criminal risks and effectively protect one's residency status.