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- 邵诗巍 · 12-07 19:55People's Court Daily published an article entitled "Criminal Characterization of Illegal Theft of Virtual Currency" - The limitations of judicial organs' understanding of virtual currency crimes are h
On December 5, 2024, the People's Court Daily published an article entitled "Criminal Characterization of Illegal Theft of Virtual Currency". The case described in the article is not particularly complicated. It is about A stealing B's virtual currency USDT and selling it for profit. However, the court staff's analysis of the case in the article makes people feel chilling, revealing a sense of "Although I don't understand blockchain and virtual currency, I think you should be sentenced heavily!", which makes people feel a little uncomfortable. Let's discuss two viewpoints in the article.
12-07 19:55 - 邵诗巍 · 12-05 19:40U merchants should be careful! Are offline cash transactions of virtual currencies safe?
CCTV News recently reported[1] a case in which a woman fell in love online with a man who claimed to work for a confidential unit. As a result, she was deceived into investing in virtual currency. The person involved has been arrested.
12-05 19:40 - 邵诗巍 · 12-02 21:25Case review | A programmer used his position to illegally obtain virtual currency, making a profit of 30,000 yuan and was sentenced to 3 and a half years in prison
In the eyes of many people, programmers (code farmers, engineers) are high-paying jobs with lucrative incomes, which are enviable, but in the eyes of criminal lawyers, this is also a high-risk industry that is extremely prone to legal risks. Lawyer Shao has previously represented many cases in which programmers were suspected of criminal offenses: The company's business operations were suspected of copyright infringement, and the programmer was implicated as an employee; The software company provided illegal website construction services to customers, and the company's legal person was suspected of aiding and abetting; The overseas virtual currency exchange was suspected of opening a casino, and the programmer was arrested as a domestic employee; ... The Changping District People's Court of Beijing recently issued a case in which an employee used his position to obtain virtual currency for profit, constituting the crime of illegally obtaining computer information system data, and was sentenced to three and a half years in prison. This article takes this case as an example to analyze relevant legal issues.
12-02 21:25 - 邵诗巍 · 11-29 12:04If the virtual currency is frozen by the judiciary and the party concerned refuses to cooperate, can it be enforced?
In recent years, we can see that many legal experts, scholars, lawyers, and judicial system case handlers have discussed how to legally and compliantly handle virtual currencies. Lawyer Shao has also shared relevant views (➡️ "Without a court ruling, the public security should not handle the virtual currency involved in the case!"). Regardless of what kind of disposal process the public security organs adopt to be compliant, in practice, there is a sufficient and necessary prerequisite for the case-handling unit to deal with virtual currency: the parties (suspects/defendants in criminal cases) need to take the initiative to return the stolen money and voluntarily turn it in. The issue that this article wants to discuss is that the virtual assets involved in the case have been frozen by the public security judiciary. If the parties refuse to cooperate with the case handlers to transfer their virtual currency from the exchange or digital wallet to the wallet address controlled by the case handlers, even if there is an effective court judgment in the future, can the virtual currency involved in the case be enforced?
11-29 12:04 - 邵诗巍 · 11-27 18:008 Legal Issues Web3 Entrepreneurs Need to Pay Attention to
In recent years, with the rapid development of blockchain technology, more and more entrepreneurs have turned to the Web3 field, trying to find opportunities in this blue ocean. However, for domestic Web3 entrepreneurs, in order to open up a sustainable development path in the gap between policies and market environment, they need to solve not only the problems related to the business content itself, but also the complex legal compliance challenges. This article summarizes the more frequent legal issues that Lawyer Shao will be asked in daily work, hoping to provide some ideas or inspiration for Web3 entrepreneurs.
11-27 18:00 - 邵诗巍 · 11-23 08:08Bribery using virtual currency: A new hidden means of corruption in the digital age
On November 20, 2024, the official announced a piece of news. Yao Qian, former director of the Science and Technology Supervision Department and former director of the Information Center of the China Securities Regulatory Commission, was expelled from the party and removed from public office. The notice pointed out that Yao Qian spared no effort to support specific technology service providers for his own selfishness, and was willing to be the "key training target" of the hunters, using virtual currency to trade power for money. In recent years, virtual currency has attracted much attention due to its anonymity and decentralization, but it has also become a new tool for certain illegal and criminal acts, including bribery. Today, let's talk about the legal issues related to bribery using virtual currency.
11-23 08:08 - 邵诗巍 · 11-18 13:00Hundreds of millions of assets of users were stolen from the DEXX trading platform. What responsibilities do the platform and KOL need to bear?
What are the legal risks faced by the platform and KOLs in this DEXX security incident? What responsibilities do they need to bear for user losses?
11-18 13:00 - 邵诗巍 · 11-14 20:34How should workers choose between joining a Web3 company or a Web2 company?
In the current market environment, the volatility and uncertainty of the global economy have led to a slowdown in corporate growth and even a wave of layoffs. Many industries have reduced their recruitment needs, and job seekers are therefore facing fierce market competition. In this context, although the Crypto market is also in a bear market, the explosive Web3 applications still maintain an endless demand for talent. As lawyers in the crypto industry, Lawyer Shao's team also frequently encounters consultations from web3 job seekers in their daily work. While job seekers are attracted by the unique working model and high salaries of the Web3 industry, they are also worried about the risks that may exist in the industry. Let's talk about whether to join a web3 company or a web2 company, and how job seekers should make a choice?
11-14 20:34 - 邵诗巍 · 11-08 20:48Four major misconceptions you should know when you are a U-card agent in the country
As a criminal lawyer in the field of cryptocurrencies, we frequently see in practice that a large number of retail cryptocurrency traders and U-card merchants have their bank cards frozen due to the unfortunate receipt of stolen money during transactions, or are suspected of money laundering crimes. How to ensure that your card will not be frozen when you issue U-cards has become a concern for everyone. Where there is demand, there is a market, so the USDT bank card was born. Previously, Lawyer Shao analyzed issues related to U-cards in the article "MasterCard U-card, UnionPay U-card, can it be guaranteed that the U-card will not be frozen?" This article wants to talk about whether being a U-card agent in China is a legal and good business?
11-08 20:48 - 邵诗巍 · 11-04 07:43How to prevent legal risks when entrusting cryptocurrency investment?
Although policies such as Announcement No. 94 and Announcement No. 924 define virtual currency-related businesses as "illegal financial activities," in practice, legal disputes involving virtual currency entrusted financial management are common.
11-04 07:43 - 邵诗巍 · 10-28 11:00Web3 Legal Education丨Does the Bitcoin Exchange's perpetual contract business constitute the crime of opening a casino?
Based on the cases handled by Lawyer Shao in recent years and the large number of inquiries he has received in his daily work, it is found that it is not uncommon for domestic police (especially in Hunan Province) to take criminal coercive measures against relevant personnel in the perpetual contract business involving virtual currency trading platforms on suspicion of opening a casino.
10-28 11:00 - 邵诗巍 · 10-23 18:53When a driver/U-merchant helps the upstream supplier to transfer funds, does it constitute a joint crime of fraud or a crime of concealment?
The so-called "drivers", also known as "professional cashiers", refer to middlemen who are responsible for withdrawing and transferring stolen money, helping criminal gangs to "launder" stolen money in order to earn commissions. Due to the anonymity of the USDT virtual currency, the money laundering team will recruit drivers to buy and sell USDT through U-merchants (see the figure below) to "launder" the funds. So, does the driver's cashing out and transferring stolen money constitute a joint crime of fraud with his upstream dealer, or does it constitute the crime of concealing and hiding the proceeds of crime and the proceeds of crime (hereinafter referred to as the crime of concealment)?
10-23 18:53
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