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How OTC Merchants Step into the Trap of 'Illegal Business Operation Crime' Step by Step

OTC商家 selling virtual currencies like USDT for profit can inadvertently receive funds linked to illegal foreign exchange activities, leading to potential criminal charges such as Illegal Business Operations or Concealment of Crime Proceeds. This article, based on a real case handled by lawyer Shao Shiwei, discusses how such traders may face legal risks when funds from underground banks involved in unauthorized forex trading enter their accounts during routine transactions. The key issue is whether OTC traders should bear criminal responsibility solely for receiving such funds. Authorities may treat them as accomplices in illegal forex operations, but the traders’ actual role, intent, and awareness must be carefully evaluated. A referenced case illustrates differentiated handling: individuals directly involved in illegal forex were convicted, while those merely providing accounts without clear profit motives or direct participation were not prosecuted. The profit from virtual currency trading differs fundamentally from illegal forex gains; the former stems from market fluctuations, while the latter involves facilitating cross-border transfers. If no intent to assist illegal activities is proven, charges may not apply. Alternatively, Concealment of Crime Proceeds charges require proof that the funds were criminal proceeds and that the trader knowingly handled them. Factors like transaction frequency, anomalies, and prior knowledge are considered, but hindsight alone isn’t sufficient for conviction. In summary, while trading virtual currencies isn’t illegal, involvement with illicit fund sources creates significant risks. Case outcomes depend on evidence regarding the trader’s awareness and role, emphasizing the need for individualized legal assessment.

marsbit03/05 14:32