Author: Liu Yang; Source: Nakamoto Law
On March 8, Ying Yong, Procurator-General of the Supreme People's Procuratorate, delivered a report at the Third Session of the Fourteenth National People's Congress. In the first part of the report, “Review of Work in 2024” The second point is “Exerting the procuratorial functions to serve the high-quality development of the economy and society”, in which it is mentioned that protecting the high-quality development of finance… … leaf="">”Money laundering crimes such as transferring criminal proceeds3032people.
On the same day, Zhang Jun, President of the Supreme People's Court, also delivered a work report. In the first part of the report, “Review of the work in 2024”, the first point, “Maintaining national security and social stability through strict and fair justice”, it is mentioned that effectively maintaining financial security. lang="EN-US" text="">Ten thousand people buy so-called "Virtual currency", causing losses
In the two high courts' work reports, which were very concise, both virtual currency and money laundering were mentioned, which fully demonstrated the importance that the highest judicial organs attach to such cases. When the new judicial interpretation on money laundering was issued in 2024, I wrote an interpretation article on this public account and mentioned two viewpoints:First, although the old judicial interpretation did not have a specific statement about virtual currency, the criminal model of using virtual currency for money laundering is still regulated by the judicial interpretation; second, the new judicial interpretation mentioned the criminal model of using virtual currency for money laundering, which shows that the judicial organs have attached great importance to it and aim to emphasize it.
As a lawyer who has been paying close attention to criminal cases in the cryptocurrency world, I am somewhat surprised and unexpected to see that more than 3,000 people have been prosecuted for the crime of money laundering alone. With the approach of
FATFfifth round of assessments, the punishment for money laundering crimes will only become more severe. If you understand the behavioral patterns regulated by the crime of money laundering, you will understand why virtual currency is so
“ close to money laundering. The acts of money laundering include: (1) assisting in the transfer of funds through account transfer or other settlement methods; (2) assisting in remitting funds abroad; (3) concealing or disguising the illegal proceeds of crime and their source and nature in other ways. The first two are not so relevant and are not listed here. It can be seen that if the upstream is the seven types of crimes, using virtual currency as a settlement method to assist in the transfer of funds, or taking advantage of the characteristics of virtual currency that is borderless and legally and freely traded abroad to assist in remitting funds abroad, it may constitute the crime of money laundering. Even if the above-mentioned behaviors are not present, there is also “other ways to conceal and conceal the illegal proceeds of crimeandthe source and nature of the income”. In practice, as long as the source and nature are slightly concealed, it is easy to be identified as money laundering. The Criminal Law Amendment (XI) includes self-laundering as a crime, that is, laundering one's own money. If one commits the seven upstream crimes stipulated in the crime of money laundering and uses the proceeds of the crime to purchase virtual currency, it is very easy to commit self-laundering. For example, I wrote a few days ago about the self-laundering of Hao Gang, the former deputy director of the Beijing Financial Bureau, and the money laundering crime of Wang Mou mentioned in the Supreme Court report above, both of which are self-laundering.