Selling U has "risks", the legal red line cannot be crossed

In the world of cryptocurrency, many players have a serious misunderstanding of the legal aspects of virtual currency trading. They naively believe that virtual currency trading itself is not illegal, and even if they receive illicit funds when selling U, they can escape unscathed, merely by applying to unfreeze their bank card, and at worst, returning the fraudulent funds received, as if everything is under control. However, this is completely a wrong perception.

Article 287, Paragraph 2 of the Criminal Law and the judicial interpretation of the crime of assisting clearly stipulate that if it can be presumed that a person knows that the other party is using USDT to engage in information network criminal activities and still conducts transactions with them, then they will constitute the crime of assisting information network criminal activities, known as the crime of assistance. Once this crime is committed, the maximum penalty could be three years in prison. According to Article 312 of the Criminal Law and the judicial interpretation of the crime of concealing, if it is determined that a person subjectively knows that the other party's funds are related to fraudulent activities and still insists on trading, they will constitute the crime of concealing or hiding criminal proceeds, which is more severely punished, with a maximum sentence of up to seven years in prison.

Many people mistakenly believe that only when there are clear chat records with scammers on their phones, such as the other party saying directly, "I want to launder money, you sell U to me", will they be recognized as subjectively aware. In reality, this is not the case. In judicial practice, law enforcement often presumes whether a party subjectively knows based on various abnormal behaviors during the transaction. For example, whether the transaction amount is abnormally large, the transaction frequency is unreasonable, or the transaction counterpart is unidentified or has a criminal record, etc. These seemingly ordinary transaction details can become key evidence in determining whether you are aware that the other party is engaged in criminal activities. Once presumed to be subjectively aware, you will step into the legal red zone and face severe criminal penalties.

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