# Сопутствующие статьи по теме Illegal Business

Новостной центр HTX предлагает последние статьи и углубленный анализ по "Illegal Business", охватывающие рыночные тренды, новости проектов, развитие технологий и политику регулирования в криптоиндустрии.

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

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

marsbit03/05 14:32

The 'Abnormal' Business of U Merchants? Defense Points and Boundaries of Determination for Three Major Charges

In a case involving a U merchant trading USDT (Tether) with transactions worth billions, the defendant was accused of illegal foreign exchange operations using virtual currency. Despite the large scale and use of multiple bank accounts, which authorities viewed as suspicious, the author argues that the defendant’s actions do not constitute crimes such as illegal business operations, concealing criminal proceeds, or assisting information network crimes. The article explains that OTC trading of virtual currencies like USDT is not illegal in China, and many platforms and individuals engage in it legally. The key is whether the trader knowingly facilitated illegal activities, such money laundering or illegal forex transactions. For illegal business operations, conviction requires proof that the defendant knowingly assisted in illegal forex exchanges, as in a cited case where the defendant helped convert foreign currency to RMB via USDT. For concealing criminal proceeds, the author emphasizes that the funds involved are often the principal amounts from transactions, not criminal profits, so merely handling these funds does not meet the legal definition. For assisting information network crimes, the crime must involve online illegal activities; if forex transactions occur offline despite online communication, it doesn’t qualify. The conclusion stresses the need for strict legal scrutiny and avoiding presumption of guilt based solely on transaction scale or methods.

marsbit02/23 01:53

The 'Abnormal' Business of U Merchants? Defense Points and Boundaries of Determination for Three Major Charges

marsbit02/23 01:53

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