Cleaner's Account Used as a Mule Account

How do cleaners get pulled into mule account cases?

The request can come from someone you trust: your employer, your agent or a coworker. They ask to use your bank account “for a while” to receive a transfer. They may say their own account has a problem, or that it is normal business. You agree because you trust them.

Then money from unknown sources passes through your account. ^[f1] The person withdraws it or asks you to send it to another account. They may give you a little money as thanks. You do not know the money came from scam victims.

When the victims report to the police, the trail leads to your account. The account is frozen and you become a suspect in a mule account case.

What charges could you face?

Under the Penal Code (Amendment) 2024, mule account offences carry heavy penalties. ^[f6] Section 424B covers giving someone else possession or control of your account or card. The penalty is a fine of RM10,000 to RM100,000, jail of one to seven years, or both. ^[f6]

If money passed through your account and you made the transfers yourself, Section 424C may apply. It covers transactions through an account without a lawful purpose. Its penalties are heavier: three to ten years in jail, or a fine of RM10,000 to RM150,000, or both. ^[f1]

These numbers are frightening, but any charge depends on what the prosecution can prove about your part. Start with how a mule account defence works.

Why does what you knew matter so much?

Giving control of your own account without a lawful purpose is the offence under section 424B. What you knew, and why you did it, matter to your defence. ^{[f2] [f5]} If you were truly deceived, that is the centre of your defence.

As a cleaner or domestic worker, you may have had no way of knowing what the transfers were. If your employer said it was normal business and you had no reason to doubt it, that helps you. The power your employer or agent had over you also counts.

Keep every piece of evidence about how it started. Messages, voice notes and other workers who saw the request all help. Good evidence preparation can make a real difference to your defence.

What are your rights as a foreign worker?

The law protects you whatever your nationality. ^[f3] Article 5(3) of the Federal Constitution gives an arrested person the right to consult a lawyer of their choice, including foreign workers.

You can ask to speak to a lawyer before questioning. You can ask for an interpreter during police interviews. Bail is a right for these offences, and the court or police set the amount and conditions. These rights apply even if your work permit or visa is complicated.

Immigration and the criminal case are separate. Being charged does not automatically mean you will be sent home. A lawyer can help with both. Read more about your rights and our foreign worker guide.

Where can you get legal help?

^[f4] If you cannot pay for a private lawyer, you can apply for legal aid. The Legal Aid Department (Jabatan Bantuan Guaman) may give legal representation at no cost to people who qualify. The Malaysian Bar also runs legal aid centres for people on low incomes.

Some NGOs work on foreign workers’ rights and can connect you with legal help. Examples include Tenaganita and the Bar Council’s Migrants, Refugees and Immigration Affairs Committee.

Find a lawyer early. Your first police statement is the base of your case, so get advice before you give it.

What should you do right now?

Stop all transfers. Do not let any more money go through the account, even if the person who used it asks.

Keep all evidence. Save messages from the person who asked to use your account, records of any money they gave you, and your work documents. Back up your phone.

Tell someone you trust. A friend, a community leader or someone at an NGO. You do not have to face this alone.

Get legal advice before your police statement. Your first steps shape your case. A lawyer can explain your rights and help you prepare to say clearly what happened.

Sources

1. Penal Code (Amendment) 2024, Sections 424A, 424B, 424C
2. Federal Constitution of Malaysia, Article 5(3)
3. Legal Aid Act 1971
4. Low & Partners, “Keldai Accounts: When Helping a Friend Becomes a Criminal Offence” (2024)
5. Immigration Act 1959/63