LIVEIf someone is caught buying and selling USDT, but he does not confess and plead guilty, can the court convict him? (From Coinsradar.net)
"My husband is a U-trader. He was caught selling U and is now in a detention center. He has been in detention for several months and has not confessed. He feels that he was unaware of the fraudulent funds he received during the offline U-trader sales. If he knew it was fraudulent funds, he would not have traded. During the investigation stage of the public security organs, he insisted that he was wronged. He did not confess and plead guilty in the procuratorate and the court. As a result, the court of first instance sentenced him to more than 3 years. What should we do now?"
According to Chinese law, even if there is no confession of guilt from the suspect, other evidence is sufficient to convict him, and confession and acceptance of guilt can be punished leniently.
The key to the problem is that many U-traders who buy and sell U-traders insist that they are innocent. During the chat between them and the other party, the other party did not say that it was stolen money. They also told them that they took detours to steal money, so they refused to steal money and did not want to receive the stolen money. They were not aware of it and did not commit a crime.
However, in practice, if the transaction parties must have a clear chat record to inform each other that it is stolen money before they can be convicted, then more than 90% of those who were convicted of receiving stolen money in virtual currency transactions were acquitted.
Therefore, the innocence that u-shang thought of was sometimes involved in criminal offenses, and it will happen that the suspect does not plead guilty, does not show remorse, and does not receive a lenient sentence.
So, from the perspective of the court's judgment, do you know how the court examines cases of whether virtual currency constitutes the crime of aiding and concealing? Based on what actions in your transaction is it presumed that you are subjectively aware?
At present, the court's determination of whether the transaction of virtual currency USDT is knowing after receiving the stolen money is based on the judicial interpretation of the crime of aiding and concealing, and the court's judgment will be presumed. The court's judgment opinion is as follows:
Case 1: Criminal ruling of Yingkou Intermediate People's Court of Liaoning Province, judgment opinion on whether Xue and others' buying and selling of virtual currency USDT constitutes the crime of concealing: "924 Notice" On September 15, 2021, the People's Bank of China, the Central Cyberspace Affairs Office, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Industry and Information Technology, the Ministry of Public Security, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission, and the State Administration of Foreign Exchange issued the "Notice on Further Preventing and Dealing with the Risks of Virtual Currency Trading Speculation" No. 237 of Yinfa [2021], Article 1, Paragraph (2) stipulates that virtual currency-related business activities are illegal financial activities.The defendant's bank card has been frozen: the data from the national anti-fraud big data platform was retrieved to prove that before the case occurred, the bank cards involved in the case were frozen due to the transfer of fraudulent funds. Xue's ICBC card was frozen twice, Xue's CCB card was frozen twice, and Chen's CCB card was frozen three times. The defendant's bank transaction flow proves that the bank card involved had small transactions before large transactions, which is the so-called card testing behavior. The video of Huang withdrawing 470,000 yuan proves the behavior of withdrawing money immediately after the inflow of fraudulent funds. Therefore, the virtual currency transaction methods of the four defendants are obviously abnormal. According to relevant judicial interpretations, it is determined that the defendants are subjectively aware of the existence of upstream crimes. Generally, the transaction is abnormal, and it is presumed to be aware, and it will not be convicted only based on 924.
Case 2: Criminal ruling of the Intermediate People's Court of Bengbu City, Anhui Province, abnormal behavior such as online transfer to offline in the exchange is presumed to be aware. According to the confession of the appellant Zhang Moushen, his WeChat chat records, Alipay chat information and bank transaction details, it can be confirmed that the appellant Zhang Moushen argued that he started to engage in virtual currency transactions in 2017 and should know the normal transaction methods of virtual currency. The virtual currency involved in the case usually circulates through online platforms. However, in order to obtain illegal profits, the appellant Zhang Moushen continued to use abnormal offline transaction methods. After his multiple bank cards were stopped and frozen, he still used small transfers to test before the funds were remitted. After the funds were remitted, they all showed fast in and fast out, which was enough to prove that the appellant Zhang Moushen knew that the transaction method was obviously abnormal and still helped to transfer funds. Therefore, it should be determined that the appellant Zhang Moushen had subjective knowledge that the funds he transferred contained criminal proceeds, and objectively implemented the behavior of helping the upstream crime to transfer the stolen money of fraud. His behavior meets the constituent elements of the crime of concealing and concealing criminal proceeds.
We summarize that the key to the presumption of subjective knowledge of trading virtual currency USDT is whether you have the following behaviors: First, bank card freezing and suspension. Second, offline cash transactions, or small exchange transactions. Third, overseas chat software transactions. Fourth, test the card behavior. Before each transaction, transfer 1 yuan to the bank card to see if the card is frozen. Fifth, the price is abnormal, obviously higher or lower than the market price.Sixth, without capital investment, helping upstream transactions. Seventh, frequent cash withdrawals afterwards. Eighth, using other people's bank cards for transactions. Ninth, setting up a studio, often moving bricks, but the fixed counterparty is involved in money laundering. Tenth, driving to a different place from all over the country, but the other party is money laundering, implicated, and difficult to escape suspicion.
The understanding of virtual currency by currency circle players and OTC merchants remains that virtual currency is not an illegal act, and the act of receiving stolen money does not constitute a crime. There is a wrong understanding that the public security organs will only freeze bank cards and will not convict. Some have encountered bank cards that have been frozen by stop payment. After the refund, some case-handling units did refund and unfreeze you.
However, your handling and unfreezing in this case-handling unit is not a successful experience, because some case-handling units are not very familiar with virtual currency cases, have not handled them, and are not clear about the circumstances of virtual currency convictions. If you encounter a case-handling unit that has handled criminal cases involving virtual currency, your previous freezing behavior may become the basis for the next case-handling unit to presume subjective knowledge.
There are objective and subjective elements for the crime of aiding and concealing. Objectively, after you have received the stolen money, whether you know it subjectively or not, in practice, it is presumed whether you know it or not, and it can be based on the abnormal behavior summarized. If there is abnormal behavior, it is only a matter of time before you are convicted.
If you buy and sell USDT, the public security organs determine that it constitutes a criminal offense and take compulsory measures to detain you. You can entrust a lawyer to visit the detention center to understand the situation. After meeting the criminal suspect, they will preliminarily judge whether the transaction behavior is abnormal during the transaction of virtual currency and whether it involves criminal offenses, and then formulate a defense plan.
Finally, I hope everyone will not encounter these situations! #BTC #TradeNTell
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