What crimes might the virtual currency run into money laundering constitute? (one)

What is running money laundering? What are the characteristics of USDT running money laundering? What is the difference between it and traditional money laundering? What kind of crimes may be constituted by participating in the USDT running score? Today, Sister Sa’s legal team will use the case to provide readers with an in-depth analysis of the current frequent USDT run-off money laundering and the legal risks.

1. The past and present of USDT running points

“Bao Mom doesn’t need to work at home with an annual salary of one million”, “Part-time jobs that can be done at home, get money at ease”, “19-year-old roommates realize wealth freedom, lie down to make money, and make money every day”… etc. Advertisements and push messages flood all kinds of websites. I don’t know if anyone really believes it, but there is no such thing as a free lunch in the world .

Running points is a long-established traditional money laundering method. In an era when payment services such as Alipay and WeChat were not yet available, bank cards were used most often for money laundering, commonly known as “running cards.” The principle of “running card” is not complicated, it needs to go through three stages.

1. The stage of building a fund pool: upstream money launderers illegally set up a running sub-platform (payment management backstage) to provide fund payment channel services for platforms such as overseas gambling websites.

2. Promotion and operation stage: Criminals search for overseas online gambling and scams that require illegal fund settlement by means of promotion and advertising on forums, post bars, groups, various websites and other socially developed and high-traffic platforms Criminal gangs, as well as runners who believe that as long as they lend their bank cards, they can lie down and make money.

3. Running sub-money laundering stage: Running sub-participants must first pay a certain amount of deposit to the platform, and then they can receive orders on the platform. After receiving the order, the platform directly deducts the equal amount of deposit previously paid by the runners and provides the corresponding bank card number to the gambler, and then the gambler transfers the currency equal to the deposit to the account of the runners, and finally realizes the purpose of money laundering.

In fact, the use of USTD (TEDA coins) to launder money is not much different from the traditional “card running” . USDT money laundering still needs to go through the three stages of building a platform, promoting operations, recruiting customers, and runners, and finally running money laundering. The main difference is nothing more than replacing the “deposit” used in the “card running” link with USDT tokens by taking advantage of the virtual currency’s decentralization, difficulty in supervision, and global circulation.

That is to say, in USDT running money laundering, the running staff must first register a virtual currency trading platform, and then integrate their bank card number, WeChat payment code, Alipay payment code and other tools with payment functions together, and provide them to Gamblers and other people who need to recharge. Then the funds recharged by gamblers and others are converted into virtual currency, and finally submitted to the upstream personnel. The runners get the rebate at this time, and the “black gold” is also converted into virtual currency to complete the money laundering or the upstream personnel will be transferred overseas to run the points again. Old people in the currency circle should all remember that the once-famous Pinnacle scoring platform (which has been banned in accordance with the law) is a typical USDT scoring platform.

2. Crimes of helping information cybercriminals in typical cases

There are many legal risks associated with USDT money laundering. Today, I will choose one of them. Let’s talk about what kind of behavior will be deemed by the court as a crime of helping information cybercriminals with real cases .

(1) Summary of the case

Case: Sun Moumou, Xing Moumou, etc. Crime of Helping Information Cybercriminal Activities (2021) Xiang 0102 Xing Chu No. 803

In December 2020, the nickname “Xiaobao” (identity unknown) invited the defendant Sun Moumou to provide bank cards for gambling funds to launder money by buying and selling TEDA coins “run points”, and promised to purchase USDT TEDA coins at a price of 2 p.m. every day 4% of the illegal profits were accrued to Sun XX. Sun Moumou and others invited the defendant Xing Moumou to provide a bank account to participate in the trading of TEDA coins to “run points” for illegal profit. Xing Moumou successively found the defendants Li Moumou, Pang Moumou (at large) and Zeng Mo (at large) to provide banks Cards, bound mobile phone cards, WeChat Pay and Alipay accounts participate in the “run points”, and Sun, Xing, and Li use bank cards provided by Li and others to participate in information-based cybercrime activities for fund settlement.

During the period, Sun made a total of 8,000 yuan, Xing made a profit of about 24,000 yuan, and Li made a profit of 1,100 yuan . As of the incident, the seven bank cards provided by Li Moumou had transferred a total of more than 2.36 million yuan, of which the China Minsheng Bank card account was transferred into funds of 422,112 yuan; the ICBC card account was transferred into funds of more than 430,000 yuan, and Tan was deceived 2000 yuan transferred to the account; China Industrial Bank card account transferred more than 160,000 yuan; China Post bank card account transferred 353,746 yuan; Nanjing bank card account transferred 54,000 yuan; Agricultural bank card account transferred 50,000 yuan ; 895,465 yuan was transferred into the China Merchants Bank card account.

(2) The court held that

Defendants Sun Moumou, Xing Moumou, and Li Moumou knew that others used the information network to commit crimes and provided them with assistance in payment and settlement. The circumstances were serious and their behavior constituted a crime of helping information network criminal activities. The crime charged by the public prosecution agency was convicted.

(3) Case analysis: In this case, what was the key to the defendant’s determination by the court as a crime of “helping trust”?

Legal basis: Article 287bis of the Criminal Law of the People’s Republic of China: Knowing that others use the information network to commit crimes, provide technical support for their crimes such as Internet access, server hosting, network storage, communication transmission, or provide advertisements Promotion, payment and settlement assistance, the circumstances are serious.

1. The defendant ” knowingly ” that others used the information network to commit a crime

In this case, there is no dispute over whether several defendants “knowingly” use the information network to commit crimes subjectively. There is evidence that “Xiaobao” explained and invited the defendant Sun and others to provide bank cards for gambling. The funds were laundered by buying and selling TEDA coins, and they promised to withdraw 4% of the amount of USDT TEDA coins at 2 o’clock in the afternoon every day to withdraw illegal profits to Sun.

At the same time, the procuratorial organ has evidence to prove that several defendants used the “bat” chat software in the process of money laundering. In money laundering crimes, scoring personnel usually use communication software such as Bat and Telegram to “accept orders” at the request of upstream personnel . Such communication software has a high degree of confidentiality for chat information and can delete all chats by a single party. The function of information, the procedure of obtaining evidence is cumbersome and difficult. But on the other hand, once it is found that the defendant has used similar chat software to communicate with the facts clear and the evidence is conclusive, to a certain extent, the defendant can testify that the defendant “knowingly” used the information network to commit a crime.

2. The defendant’s behavior constituted an objective “help” behavior

What is “helping” behavior depends on judicial interpretation. In accordance with the “Opinions of the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security on Several Issues Concerning the Application of Law in the Handling of Telecommunications Network Fraud and Other Criminal Cases (2)” (hereinafter referred to as the “Opinions”) Article 7 Paragraph 1: Use of information for others The following acts committed by the Internet to commit crimes can be identified as “helping” behaviors as stipulated in Article 287bis of the Criminal Law (ie the crime of helping information cybercriminals): purchase, sale, lease of credit cards, bank accounts, non-bank payments Accounts, Internet account passwords with payment and settlement functions, online payment interfaces, and online banking digital certificates.

In this case, several defendants were lured by the criminal “Xiaobao” to provide their bank cards, bound mobile phone cards, WeChat and Alipay payment codes, WeChat and Alipay accounts to them to absorb gamblers’ gambling funds . It is also used to purchase TEDA coins to realize the conversion of legal currency to virtual currency, and finally realize the money laundering of running points on the running points platform. Among them, bank cards, bound mobile phone cards, WeChat payment codes, Alipay payment codes, and accounts are all helpful actions stipulated in Article 7 of the “Opinions” . Therefore, the court found that the name of the defendant in this case constituted the crime of helping information cybercriminal activities.

Three, write at the end

The use of USDT running sub-platforms to launder money has a very high criminal risk. In addition to the crime of helping information cybercriminal activities analyzed in this case, it is also easy to constitute crimes of cover-up, concealment of criminal proceeds, proceeds of criminal proceeds, and money laundering. In addition, the USDT running sub-platform is the same as the “Running Card”, which is really indistinguishable from the Internet, and scams such as “killing pig disk” and “funding disk” abound. Players in the currency circle must pay attention to investing cautiously on the basis of identification, and stay away from USDT running money laundering.

Posted by:CoinYuppie,Reprinted with attribution to:https://coinyuppie.com/what-crimes-might-the-virtual-currency-run-into-money-laundering-constitute-one/
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