Security Guard's Account Used as a Mule?

How do security guards get pulled into mule schemes?

It can start on a quiet night shift. A colleague you trust asks a favour: “I need to use your account for a few days. Mine has a problem.”

Or: “A friend needs to send some money through a local account. I will give it back to you.”

You work long hours, and saying no to someone you see every night is hard. You hand over your ATM card or online banking details, expecting it to last a few days. ^[f3]

Behind the scenes, your account receives money linked to fraud. ^[f5] The bank may flag the unusual activity, and police trace the account to you as the registered owner. Your colleague may disappear or deny everything, and you are left with the problem.

Which laws apply to you?

Two sections of the Penal Code are most likely to matter.

Section 424B makes it an offence to give another person possession or control of your account or payment card, such as your ATM card, PIN or online banking login. ^[f3] The penalty is a fine of RM10,000 to RM100,000, or 1 to 7 years in prison, or both.

Section 424A covers the other side: having possession or control of someone else’s account, which is what your colleague did. ^[f1] The penalty is a fine of RM5,000 to RM50,000, or 6 months to 5 years in prison, or both. ^[f2]

Which sections are used depends on what happened. A lawyer who handles mule account cases can tell you which charges are likely and build your defence around them.

Does trusting your colleague help your defence?

Trusting your colleague is part of your story, but trust alone is not a complete defence. ^[f4]

Trust matters as part of the whole picture. Your lawyer will look at whether you were deceived, whether your colleague told you a believable story, whether you had reason to suspect a crime, and whether you gained anything from the transfers.

What you knew, and why you handed over the account, are the centre of your defence. See the knowledge element. If you truly did not know, and had no reason to suspect your account would be used for crime, that matters. Tell your lawyer the whole story.

Can you keep your job?

Your job is your livelihood.

A charge is not a conviction. Whether an employer can dismiss someone over an investigation depends on the facts, because just cause is decided case by case. If your company asks, you can say your lawyer is handling the matter.

If your employer threatens to dismiss you, ask a lawyer about your options straight away. A person accused of an offence is presumed innocent until proven guilty.

Keep going to work and keep your normal routine, so your income keeps coming in.

How do you build your defence?

A defence in your situation rests on several kinds of evidence.

Messages. Your messages with the colleague who asked to use your account show what story you were told and what you believed. Do not delete any of them, even ones that seem unimportant.

Work rosters. Your shift rosters show when you were at work and could not watch your account. If you work nights and rarely check your banking, the rosters can support your point that you were not watching the account.

Bank statements. They show the difference between your normal salary activity and the suspicious transfers. Normal use followed by sudden unusual activity points to someone else using the account.

Your character. Your work record, any commendations from your company and a clean criminal record can support you as someone who was used, not someone who took part.

What should you do right now?

Cut off contact with the colleague. If they contact you, do not reply and do not confront them.

Do not accept any money from them. More contact could complicate your case.

Save all evidence. Screenshot every message, WhatsApp chat and call log involving the colleague. Keep your work rosters and download your bank statements for the past six months.

Talk to a lawyer before you give a statement. If police call you in, attend, and ask to consult a lawyer first. Your first statement matters, so get advice before you speak.

Speak to a lawyer. A lawyer who handles mule account cases can review your situation quickly. Explain honestly who asked, what they said, what you did and what you knew.

What happens next?

Once you have a lawyer, your lawyer contacts the investigating officer to understand the scope of the case, reviews the evidence and finds your strongest points.

If the investigation is still open, your lawyer may be able to put your side forward before any charge is filed. Showing the officer that you were deceived, not a willing helper, may help the officer decide whether to prosecute.

If you are charged, your lawyer defends you in court with the evidence gathered. Acting early, keeping evidence and getting a lawyer give your lawyer more to work with.

Sources

1. Low & Partners, “Keldai Accounts: When Helping a Friend Becomes a Criminal Offence” (2024)
2. Raj, Ong & Yudistra, “Unveiling the Mystery: When Your Bank Account Gets Frozen by the Law” (2024)
3. Penal Code (Amendment) Act 2024, Sections 424A, 424B, 424C