# Сопутствующие статьи по теме Money Laundering

Новостной центр HTX предлагает последние статьи и углубленный анализ по "Money Laundering", 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

Same Case, Different Verdicts: Why Was Uniswap Acquitted While Tornado Cash Was Not?

In a landmark ruling, the New York Southern District Court dismissed a class-action lawsuit against Uniswap and its founder, Hayden Adams, holding them not liable for scam tokens traded on the platform. The court, presided over by Judge Katherine Polk Failla, compared the case to holding a self-driving car developer responsible for crimes committed using the vehicle, emphasizing that open-source developers should not bear responsibility for misuse by third parties. This decision contrasts sharply with the legal outcome for Tornado Cash developers. Despite the same judge being involved, Tornado Cash co-developer Roman Storm was convicted for operating an unlicensed money-transmitting business, while another developer, Alexey Pertsev, received a prison sentence in the Netherlands for money laundering. The U.S. Treasury had previously sanctioned Tornado Cash for allegedly facilitating over $7 billion in money laundering, including for North Korean hackers. The divergent rulings highlight a key regulatory stance: decentralization is permissible, but privacy tools enabling illicit activities face strict scrutiny. The author suggests that while Uniswap’s legal victory aligns with principles of developer immunity for open-source code, Tornado Cash’s case underscores that protocols knowingly aiding crime, especially at a state level, won’t be tolerated. The piece concludes by questioning if Uniswap, despite its legal win, should take more proactive steps to screen for scams to protect users, reflecting a broader responsibility within the DeFi ecosystem.

marsbit03/03 11:10

Same Case, Different Verdicts: Why Was Uniswap Acquitted While Tornado Cash Was Not?

marsbit03/03 11:10

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

Bloomberg: Assisting Turkey in Freezing $1 Billion in Assets, Tether Is Reshaping Compliance Boundaries

On January 30, Turkish authorities froze over $500 million in assets linked to Veysel Sahin, who is accused of operating an illegal gambling platform and money laundering. The operation was executed by an unnamed cryptocurrency company, later revealed to be Tether Holdings SA, the issuer of the $185 billion stablecoin USDT. Tether has been cooperating with global law enforcement agencies to combat crypto-related crimes, including money laundering and sanctions evasion. Tether CEO Paolo Ardoino stated that the company follows legal procedures when assisting authorities, including the U.S. Department of Justice and FBI. The freeze is part of a broader Turkish operation that has seized over $1 billion in assets. A second individual under investigation for similar charges had an additional $500 million in crypto assets frozen, though it is unclear if Tether tokens were involved. According to Elliptic, Tether and its competitor Circle have blacklisted approximately 5,700 wallets holding around $2.5 billion in assets, with three-quarters of them containing USDT. Tether claims to have assisted law enforcement in 62 countries, freezing $3.4 billion in USDT tied to illicit activities. This marks a significant shift from Tether’s earlier conflicts with U.S. regulators, including a 2021 settlement over misrepresenting reserves. The company has recently re-entered the U.S. market with a compliant stablecoin, USAT, and has gained recognition for its cooperation with authorities. Despite this, USDT continues to face scrutiny for its use in criminal activities, including a recent case involving $1 billion in money laundering and reports of Iran’s central bank using USDT to evade sanctions.

marsbit02/15 04:10

Bloomberg: Assisting Turkey in Freezing $1 Billion in Assets, Tether Is Reshaping Compliance Boundaries

marsbit02/15 04:10

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